If I am asked where I find these national powers, I answer, that they are in those two great title-deeds of the Republic, the Declaration of Independence and the National Constitution. Whether viewed apart or together, these two are one and the same; but the two reinforce each other. The Declaration of Independence finds proper machinery for its great purposes in the National Constitution, while the National Constitution is explained, invigorated, and elevated by the Declaration of Independence. By the National Constitution the nation is bound to assure a republican government to all the States, thus giving to Congress the plenary power to fix the definition of such a government; but by the Declaration of Independence the fundamental elements of this very definition are supplied in terms from which there can be no appeal. By this Declaration it is solemnly announced, first, that all men are equal in rights, and, secondly, that just government stands only on the consent of the governed. Other things may fail, but these cannot. Whenever Congress is called to maintain a republican government, it must be according to these universal, irreversible principles. The power to maintain necessarily implies all ancillary powers of prevention and precaution, so that republican government may be assured. All these powers are essentially national, and not local; they belong to the nation, and not to the State.
So long as Slavery existed, this definition was impossible. State Rights were set up against Human Rights; but with the death of Slavery, followed by the extinction of the Rebellion, this definition takes its just place in our national system. Therefore whatever tends to maintain a republican government and to place it beyond assault, whatever tends to maintain the great principles declared at our birth as a nation,—all this is constitutional. As well deny that the sun shines,—as well with puny arm attempt to drag the sun from the sky; still it shines. God be praised! the day has passed when State Rights can be exalted above Human Rights.
It is for Congress to determine, in its discretion, how republican government shall be maintained. Whatever it does in this regard, whether by general law, or by condition or limitation on States, is plainly constitutional beyond all question. All is in the discretion of Congress, which may select the “means” by which this great guaranty shall be performed. It is a guaranty by the express text of the Constitution, and it must be performed. In selecting the means, Congress cannot hesitate at any requirement calculated to secure the beneficent result. By condition-precedent, by condition-subsequent, by prohibitory legislation, by legislation acting directly on the States or the people, by each and all of these Congress may act, bearing in mind always the great definition supplied by our fathers, which must be maintained at all hazards.
It is vain to say that our fathers did not intend this great power and foresee its exercise. There it is in the Constitution, clear and commanding; and there is the great definition in the Declaration of Independence, clear and commanding. If our fathers did not fully appreciate their mighty act, neither did the barons at Runnymede, when they obtained Magna Charta, the perpetual landmark of English rights. The words of the poet are again fulfilled: “They builded better than they knew.” But they did build. They built this vast temple of Republican Liberty, and enjoined upon Congress its perpetual safeguard, “anything in the constitution or laws of any State to the contrary notwithstanding”; and, Sir, by the oath which you have taken to support the Constitution, are you bound to watch and protect this vast temple.
The recent war has had its losses, terrible and afflicting. It has had its gains also. First among these gains is that interpretation of the Constitution which makes us a nation, and places the equal rights of all under the protection of the national power,—being nothing less than the fulfilment of the early promises of the Fathers. Too slowly has this been accomplished; but it is accomplished at last; and it is our duty to see that these promises are in no respect neglected, and that the Republic, One and Indivisible, dedicated to Human Rights, and an example to mankind, is upheld in every part of our wide-spread country.
The amendment striking out the conditions of admission was rejected, and the bill passed in the form in which it came from the House,—Yeas 50, Nays 11.
THE FIRST COLORED SENATOR.
Speech in the Senate, on the Admission of Hon. Hiram R. Revels, a Colored Person, as Senator of Mississippi, February 25, 1870.