The 8th of April (1864) turned out to be the decisive field-day in the Senate. Sumner endeavored to close the debate on that day in a speech remarkable no less for its power and eloquence of statement, its strength of Constitutional exposition, and its abounding evidences of extensive historical research and varied learning, than for its patriotic fervor and devotion to human Freedom.
Toward the end of that great speech, however, he somewhat weakened its force by suggesting a change in the phraseology of the proposed Thirteenth Amendment, so that, instead of almost precisely following the language of the Jeffersonian Ordinance of 1787, as recommended by the Judiciary Committee of the Senate, it should read thus:
"All Persons are Equal before the Law, so that no person can hold another as a Slave; and the Congress may make all laws necessary and proper to carry this Article into effect everywhere within the United States and the jurisdiction thereof."
Mr. Sumner's idea in antagonizing the Judiciary Committee's proposition with this, was to introduce into our Organic Act, distinctive words asserting the "Equality before the Law" of all persons, as expressed in the Constitutional Charters of Belgium, Italy and Greece, as well as in the various Constitutions of France—beginning with that of September, 1791, which declared (Art. 1) that "Men are born and continue Free and Equal in Rights;" continuing in that of June, 1793, which declares that "All Men are Equal by Nature and before the Law:" in that of June, 1814, which declares that "Frenchmen are Equal before the Law, whatever may be otherwise their title and ranks;" and in the Constitutional Charter of August, 1830 in similar terms to the last.
"But," said he, "while desirous of seeing the great rule of Freedom which we are about to ordain, embodied in a text which shall be like the precious casket to the more precious treasure, yet * * * I am consoled by the thought that the most homely text containing such a rule will be more beautiful far than any words of poetry or eloquence, and that it will endure to be read with gratitude when the rising dome of this Capitol, with the Statue of Liberty which surmounts it, has crumbled to dust."
Mr. Sumner's great speech, however, by no means ended the debate. It brought Mr. Powell to his feet with a long and elaborate contention against the general proposition, in the course of which he took occasion to sneer at Sumner's "most remarkable effort," as one of his "long illogical rhapsodies on Slavery, like:
'—a Tale Told by an Idiot, full of sound and fury, Signifying nothing.'"
He professed that he wanted "the Union to be restored with the Constitution as it is;" that he verily believed the passage of this Amendment would be "the most effective Disunion measure that could be passed by Congress"—and, said he, "As a lover of the Union I oppose it."
[This phrase slightly altered, in words, but not in meaning, to "The Union as it was, and the Constitution as it is," afterward became the Shibboleth under which the Democratic Party in the Presidential Campaign of 1864, marched to defeat.]