While I am sincerely grateful for this high mark of courtesy that has been accorded to me by this House, it is a matter of regret to me that it is necessary at this day that I should rise in the presence of an American Congress to advocate a bill which simply asserts equal rights and equal public privileges for all classes of American citizens. I regret, sir, that the dark hue of my skin may lend a color to the imputation that I am controlled by motives personal to myself in my advocacy of this great measure of national justice. Sir, the motive that impels me is restricted by no such narrow boundary, but is as broad as your Constitution. I advocate it, sir, because it is right. The bill, however, not only appeals to your justice, but it demands a response from your gratitude.
In the events that led to the achievement of American independence the Negro was not an inactive or unconcerned spectator. He bore his part bravely upon many battlefields, although uncheered by that certain hope of political elevation which victory would secure to the white man. The tall granite shaft, which a grateful State has reared above its sons who fell in defending Fort Griswold against the attack of Benedict Arnold, bears the name of Jordan, Freeman, and other brave men of the African race, who there cemented with their blood the corner-stone of the Republic. In the State which I have the honor in part to represent (South Carolina) the rifle of the black man rang out against the troops of the British Crown in the darkest days of the American Revolution. Said General Greene, who has been justly termed the "Washington of the North," in a letter written by him to Alexander Hamilton, on the 10th of January, 1781, from the vicinity of Camden, South Carolina: "There is no such thing as national character or national sentiment. The inhabitants are numerous, but they would be rather formidable abroad than at home. There is a great spirit of enterprise among the black people, and those that come out as volunteers are not a little formidable to the enemy."
At the battle of New Orleans under the immortal Jackson, a colored regiment held the extreme right of the American line unflinchingly, and drove back the British column that pressed upon them at the point of the bayonet. So marked was their valor on that occasion that it evoked from their great commander the warmest encomiums, as will be seen from his dispatch announcing the brilliant victory.
As the gentleman from Kentucky (Mr. Beck), who seems to be the leading exponent on this floor of the party that is arrayed against the principle of this bill, has been pleased, in season and out of season, to cast odium upon the Negro and to vaunt the chivalry of his State, I may be pardoned for calling attention to another portion of the same dispatch. Referring to the various regiments under his command, and their conduct on that field which terminated the second war of American Independence, General Jackson says. "At the very moment when the entire discomfiture of the enemy was looked for with a confidence amounting to certainty, the Kentucky reinforcements, in whom so much reliance had been placed, ingloriously fled."
In quoting this indisputable piece of history, I do so only by way of admonition and not to question the well-attested gallantly of the true Kentuckian, and to the gentleman that it would be well that he should not flaunt his heraldry so proudly while he bears this bar-sinister on the military escutcheon of his State—a State which answered the call of the Republic in 1861, when treason thundered at the very gates of the Capital, by coldly declaring her neutrality in the impending struggle. The Negro, true to that patriotism and love of country that have ever marked and characterized his history on this continent, came to the aid of the Government in its efforts to maintain the Constitution. To that Government he now appeals; that Constitution he now invokes for protection against outrage and unjust prejudices founded upon caste.
But, sir, we are told by the distinguished gentleman from Georgia (Mr. Stephens) that Congress has no power under the Constitution to pass such a law, and that the passage of such an act is in direct contravention of the rights of the States. I cannot assent to any such proposition. The Constitution of a free government ought always to be construed in favor of human rights. Indeed, the thirteenth, fourteenth, and fifteenth amendments, in positive words, invest Congress with the power to protect the citizen in his civil and political rights. Now, sir, what are civil rights? Rights natural, modified by civil society. Mr. Lieber says: "By civil liberty is meant, not only the absence of individual restraint, but liberty within the social system and political organism—a combination of principles, and laws which acknowledge, protect, and favor the dignity of man * * * civil liberty is the result of man's two fold character as an individual and social being, so soon as both are equally respected."[7]
Alexander Hamilton, the right-hand man of Washington in the perilous days of the then infant Republic; the great interpreter and expounder of the Constitution, says: "Natural liberty is the gift of a beneficent Creator to the whole human race; civil liberty is founded on it, civil liberty is only natural liberty modified and secured by civil society."[8]
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Are we then, sir, with the amendments to our constitution staring us in the face; with these grand truths of history before our eyes; with innumerable wrongs daily inflicted upon five million citizens demanding redress, to commit this question to the diversity of legislation? In the words of Hamilton—"Is it the interest of the Government to sacrifice individual rights to the preservation of the rights of an artificial being called the States? There can be no truer principle than this, that every individual of the community at large has an equal right to the protection of Government. Can this be a free Government if partial distinctions are tolerated or maintained?"
The rights contended for in this bill are among "the sacred rights of mankind, which are not to be rummaged for among old parchments or musty records; they are written as with a sunbeam in the whole volume of human nature, by the hand of the Divinity itself, and can never be erased or obscured by mortal power."