This duty is fortified by the Constitutional Amendment, which, after providing for the abolition of Slavery, empowers Congress to “enforce” it by “appropriate legislation,” thus heaping Ossa upon Pelion. Clearly, under these words, Congress may do what in its discretion seems “appropriate” to this end, and there is no power to call its action in question. On this point the authority of the Supreme Court, in the weighty judgment of Chief Justice Marshall, is explicit.
“The government which has a right to do an act, and has imposed on it the duty of performing that act, must, according to the dictates of reason, be allowed to select the means; and those who contend that it may not select any appropriate means, that one particular mode of effecting the object is excepted, take upon themselves the burden of establishing that exception.…
“Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional.”[186]
These words of the Chief Justice are reinforced by a kindred declaration from another great authority, Mr. Justice Story, speaking also for the Supreme Court, on an important occasion.
“The Constitution unavoidably deals in general language.… The instrument was not intended to provide merely for the exigencies of a few years, but was to endure through a long lapse of ages, the events of which were locked up in the inscrutable purposes of Providence.… Hence its powers are expressed in general terms, leaving to the Legislature from time to time to adopt its own means to effectuate legitimate objects.”[187]
Apply these words to the present case, and the conclusion is irresistible. Whatever legislation seems “appropriate” to “enforce” the abolition of Slavery, whatever means seem proper to this end, must be within the powers of Congress under the Constitutional Amendment. You cannot deny this principle without setting aside those most remarkable judgments which stand as landmarks of constitutional history. But who can doubt that the abolition of the whole Black Code, in all its oligarchical pretensions, civil and political, is “appropriate” to “enforce” the abolition of Slavery? Mark the language of the grant. Congress may “enforce” abolition, and nobody can question the “means” it thinks best to employ. Let it not hesitate to adopt the “means” that promise to be most effective. As the occasion is extraordinary, so the “means” employed must be extraordinary.
But the Senate has already by solemn vote affirmed this very jurisdiction. You have, Sir, decreed that blacks shall enjoy the same civil rights as whites,—in other words, that with regard to civil rights there shall be no oligarchy, aristocracy, caste, or monopoly, but that all shall be equal before the law, without distinction of color. And this great decree you have made, as “appropriate legislation” under the Constitutional Amendment, to “enforce” the abolition of Slavery. Surely you have not erred. Beyond all question, the protection of the colored race in civil rights is essential to complete the abolition of Slavery; but the protection of the colored race in political rights is not less essential, and the power is as ample in one case as in the other. In each you legislate for the maintenance of that Liberty so tardily accorded, and the legislation is just as “appropriate” in one case as in the other. Protection in civil rights by Act of Congress will be a great event. It will be great in itself. It will be greater still, because it establishes the power of Congress, without further amendment of the National Constitution, to protect every citizen in all his rights, including of course the elective franchise. There are precedents of Congress, as well as of courts, which are landmarks; and this is one of them.
Therefore, as authority for Congress, you have two sources in the Constitution itself,—first, the guaranty clause, and, secondly, the Constitutional Amendment, each sufficient, the two together a twofold sufficiency. To establish the Equal Rights of All, no further Amendment is needed. The actual text is exuberant. Instead of adding new words, it will be enough, if you give those that exist the natural force belonging to them. Instead of neglecting, use them. Instead of supplementing, interpret them. An illustrious magistrate once retorted upon an advocate, who, dissatisfied with a ruling of the court, threatened to burn his books, “Better read them”; and so would I say now to all who think the Constitution needs amendment, Better read it. Yes, Sir, read it in the principles proclaimed by the Fathers before the Revolution, read it in the declarations of the Fathers when they took their place as a Republic, read it in the avowed opinions of the Fathers, read it in the public acts of the Fathers; and in all this beaming, diffusive light you will discern the true meaning. Then again read it in that other light which, as from another sun, newly risen at midday, streams from the obligation of Congress to “enforce” the abolition of Slavery. And yet again read it in the glowing illumination of the war. In whichever light you read it, you will find always the same irresistible meaning. Even if the text were doubtful, the war makes it clear. The victory which overthrew Slavery carried away all those glosses and constructions by which this wrong was originally fastened upon it. For generations the National Constitution has been interpreted for Slavery. From this time forward it must be interpreted in harmony with the Declaration of Independence, so that Human Rights shall always prevail. The promises of the Fathers must be sacredly fulfilled. This is the commanding rule, superseding all other rules. This is a great victory of the war,—perhaps the greatest. It is nothing less than the emancipation of the Constitution itself.
V.
Mr. President, such is the testimony of history, authority, and Constitution, binding the judgment, and leaving no alternative. Thus far I have done little but bring together the diversified testimony and weave it into one body. It is not I who speak. I am nothing. It is the cause, whose voice I am, that addresses you. But there are yet other things, even at this late hour, craving utterance. And here, after this long review, I am brought back to more general considerations, and end as I began, by showing the necessity of Enfranchisement for the sake of public security and public faith. I plead now for the ballot, as the great guaranty, and the only sufficient guaranty,—being in itself peacemaker, reconciler, schoolmaster, and protector,—to which we are bound by every necessity and every reason; and I speak also for the good of the States lately in rebellion, as well as for the glory and safety of the Republic, that it may be an example to mankind.