Again I say, this is not the argument of a Senator, nor of a lawyer, but only of one of those colored fellow-citizens for whom my friend can find no protection,—
“for instance, that article which says, ‘The judicial power shall extend to all cases in law and equity arising under this Constitution.’ If equality before the law be, as Mr. Morrill has declared, a constitutional right, the judicial power of the United States reaches the same. Another section says, ‘The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.’”
The writer is not content with one clause of the Constitution:—
“Another section says, ‘No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.’ Another section says, ‘The United States shall guaranty to every State in this Union a republican form of government.’ The section last cited contemplates a case where a controlling power shall strive to have it otherwise, and the subordinated individuals need protection. Congress is left the judge of what constitutes a republican form of government, and consequently of the rights incidental thereto.”
Then again:—
“Another section says, ‘This Constitution, and the laws of the United States which shall be made in pursuance thereof, shall be the supreme law of the land.’ Another section says, ‘The Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the powers vested by this Constitution in the Government of the United States.’ Will it be said that the power is not vested in the Government of the United States to protect the rights of its citizens, and that it is not necessary and proper to do so?
“The Senator admits that there is a constitutional inhibition against proscribing men because of their race or color in the enjoyment of rights and privileges, but he denies the existence of a constitutional right on the part of Congress to act in defence of the supreme law, when a State may disregard the Constitution in this respect. I read the Constitution otherwise. I conclude, that, when the supreme law says of right a thing shall not be, Congress, which has that supreme law as its guide and authority, has the power to enforce the same.”
That, Sir, is the reply of a colored fellow-citizen to the speech of my excellent friend. I ask Senators to sit in judgment between the speech and the reply. I ask if my excellent friend is not completely answered by George T. Downing? If the latter has been able to do this, it is because of the innate strength of his own cause and the weakness of that espoused by the Senator. Our colored commentator places himself on the texts of the Constitution, and interprets them liberally, justly, for the equal rights of his race. The Senator places himself on those same texts, but in an evil moment surrenders to that malignant interpretation which prevailed before the war and helped to precipitate the Rebellion.
Sir, I ask, Is not the constitutionality of this measure vindicated? Does any one really doubt its constitutionality? Can any one show a reason against it? Sir, it is as constitutional as the Constitution itself. You may arraign that great charter; you may call it in doubt; you may say that it is imperfect, that it is wrong; but I thank God it exists to be our guide and master, so that even my excellent friend, the able and ingenious Senator, snatching reasons, if not inspiration, from ante bellum arguments, when State Rights were the constant cry, and from speeches in other days, cannot overturn it. The Constitution still lives, and as long as it lives it must be interpreted by the Declaration of Independence to advance human rights.
This is my answer to the Senator on the question of power, to which he invited attention. I have spoken frankly, I hope not unkindly: but on this question I must be plain and open. Nor is this all.