“Example.—It is in the power of the prince to make piety and virtue become the fashion, if he would make them necessary qualifications for preferment.—Swift.”
“(2.) Accomplishment.”
“Example.—Good qualifications of mind enable a magistrate to perform his duty, and tend to create a public esteem of him.—Atterbury.”
According to these definitions “qualification” means “fitness” or “accomplishment,” and according to examples from classical writers it means qualities like “piety” and “virtue,” or like “mind.” Obviously it cannot embrace color, which is a physical condition, insurmountable in nature. An insurmountable condition is not a qualification, but a disfranchisement. As well say that the quality of the hair or the length of the foot should be a “qualification,” as the color of the skin. The whole pretension is one of the false glosses fastened upon the National Constitution by Slavery, which must now be sloughed off.
7. Again, I exhibit the proposition as positively tying the hands of Congress in its interpretation of a republican government, so that, under the guaranty clause, it must recognize an oligarchy, aristocracy, caste, and monopoly founded on color, with the tyranny of taxation without representation, as republican in character, which I insist they are not. At present the hands of Congress are not tied. Congress is free to act generously, nobly, truly, according to the highest idea of a republic, discountenancing all inequality of rights and the tyranny of taxation without representation. Let this pretension find place in the Constitution, and the guaranty clause will be restricted in operation. The two clauses taken together, as they must be, will read substantially: “The United States shall guaranty to every State in this Union a republican form of government: it being understood that the denial or abridgment of the elective franchise on account of race or color, and the tyranny of taxation without representation, are not inconsistent with a republican government.” In other words the denial or abridgment of the elective franchise on account of race or color, and the tyranny of taxation without representation, will be recognized in the Constitution as republican in character. Of course all attempt to enforce this guaranty against an oligarchy, aristocracy, caste, and monopoly founded on color, or against the tyranny of taxation without representation, will be from this time impossible. The precious power now existing will be lost forever.
8. Again, I exhibit the proposition as positively tying the hands of Congress in completing and consummating the abolition of Slavery. By the second clause of the recent Constitutional Amendment Congress is expressly empowered to “enforce” the abolition of Slavery by “appropriate legislation.” Accordingly, the Senate, by what is known as the Civil Rights Bill, has already undertaken to establish equality of civil rights in all the States and Territories, so that hereafter, in our courts at least, there shall be no discrimination of color. It was justly insisted that such “legislation” is needed to “enforce” the abolition of Slavery, and on this account is constitutional. The Senate acted accordingly. The bill has passed this body by more than a two-thirds vote. Obviously by the same title equality in political rights can be established also under this Amendment, if such equality shall be deemed important to “enforce” the abolition of Slavery, or, in other words, to complete and consummate the good work. In the exercise of a granted power Congress is sole judge of the “means” it employs; and this conclusion is sustained not only by reason, but by the Supreme Court of the United States in solemn judgments. You will remember the familiar precedents, which I insist are decisive. And now, in the face of these judgments, in the face of reason, and with the authoritative precedent of the Senate establishing equality of civil rights before us, it is proposed to insert in the Constitution a provision despoiling Congress of its power under the Constitutional Amendment, so that hereafter that Amendment, which should be interpreted generously and to advance Liberty, will be changed so as to read: “Congress shall have power to enforce this article by appropriate legislation: it being understood that it shall not interfere for this purpose with any denial or abridgment of the elective franchise in any State on account of race or color.” Thus again will a beneficent power be lost at a moment when all is needed for the safety and renown of the Republic.
9. Again, I exhibit this proposition as installing recent rebels to govern loyal citizens under sanction of the Constitution. The ruling class began and sustained the Rebellion. The citizens you disfranchise were loyal, and some of them poured out their red blood for the Republic; and yet we are asked to intrench this ruling class in the Constitution, so that they can wield unchecked power, while loyal millions are humbled at their feet. The bare statement offends reason and conscience.