Thus does Russia, by careful provisions, supplementary to the act of Emancipation, assure her freedmen in all their rights: first, the right of family and the right of contract; secondly, the right of property, including a homestead; thirdly, complete Equality in the courts; fourthly, Equality in political rights; fifthly, Equality at school and in education; and, finally, all these precious safeguards are crowned by declaring that they cannot lose their rights, or be punished, except after judgment according to fixed rules: thus completely fulfilling that requirement of our fathers, that government should be “a government of laws, and not of men.”[24]
I trust that this grand example is none the less worthy of imitation because from an empire which is not supposed to sympathize with liberal ideas. The Republic cannot in this respect lag behind the Empire. Besides, all that we hear shows that the experiment has been successful. An experiment inspired so completely by the spirit of justice cannot fail.
My colleague is right in introducing his bill and pressing it to a vote. The argument for it is irresistible. It is essential to complete Emancipation. Without it Emancipation will be only half done. It is our duty to see that it is wholly done. Slavery must be abolished not in form only, but in substance, so that there shall be no Black Code, but all shall be Equal before the Law.
As to the power of Congress over this question, I cannot doubt it. My colleague assumes the power, without tracing it to any particular source. It may be a military power, precisely as the Proclamation of Emancipation,—and here the authority is as clear and absolute as in the District of Columbia; or it may be in pursuance of the Constitutional Amendment, which provides that Congress may “enforce this Article by appropriate legislation”; or it may be to carry out the guaranty of a republican form of government.
There are measures of my own, already introduced by me, now on your table, looking to the same result as the pending bill, which proceed specifically on the two latter grounds.
One of these is entitled “A bill supplying appropriate legislation to enforce the Amendment to the Constitution prohibiting Slavery,” from which I read two sections.
Here Mr. Sumner read sections 3 and 4, as given on a previous page.[25]
This bill proceeds on the idea that the Amendment is now part of the Constitution to all intents and purposes. And who can doubt this? Already it is adopted by three fourths of the States having Legislatures,—in other words, by “the Legislatures of three fourths of the several States.” The States having no Legislatures at the time of its proposition by Congress cannot be counted. Of what value is the enforced consent of disloyal and barbarous bodies pretending to act for certain States at the dictation of military power? Military power may govern during the war; but it is impotent to make a republican State, or to adopt an Amendment of the Constitution.
Another bill introduced by me, and now on the table, is founded on the guaranty clause. I give its title: “A bill in part execution of the guaranty of a Republican form of Government in the Constitution of the United States.”[26]