Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1869-02-12
VT. F r + T.
Mr.. Sumner on Suffrage.

Amendment to the Constitution, considering 1t
very doubtful if it would be ratified, and prefer
ring to secure impartial suffrage by direct legsla-
ton, which he earnestly maintains can be done
under the Constitution as it stands. According
ly in the Senate on Friday Mr.. Sumner offered a
substitute for the joint resolution providing for
the amendment to the Constitution The first
. section provides that the right to vote, to be
voted for, and to hold Office shall not be denied
or abridged any where in the United States on
account Of race or color, and all provisions in
any State Constitution, and all laws, State, ter
ritorial or municipal, inconsistent herewith, are
hereby declared null and void. The remaining
sections of the bill prescribe the penalties and
manner of procedure against any person who
violates or attemps to violate or trespass upon
the provisions of this act in any manner; and
provides that every citizen unlawfully deprived
Of any of the rights of citizenship secured by this
act, under any pretence of race or color, may
maintain a suit against any person depriying
him, to recover damages in the District Court Of
the United States for the district of which such
person may be found.
Mr.. Sumner then addressed the Senate in
forcible and characteristic speech, from which We
give some extracts;
Mr.. SUMMERS SPEECH.
Vain are all our victories. if this terrible rule
is not reversed, that State rights shall yield to
human rights, and the nation be exalted as the
bulwark % all This will be the GROWING VIC
tory Of the war. The rule under the national
Constitution, especially since its additional
amendments, is that anything for human rights
is constitutional. Yes, Sir, against the old rule,
anything pro-slayery, put the new rule, any
thing for human rights. Sir, do not declare
right hastily, and know the presence in which |
speak. am surrounded by lawyers, and now
| challenge any one or all TO this debate
No learning in books, no skill required i'll
Courts, no sharpness forensic dialetics, no cu1-
/ ming in splitting hairs, can impair the yigor Of
the constitutional principle which l announce.
Whatever you enact for human rights is consti-
I tutional. There can be no State rights against
human rights, and this is the supreme law Of the
land, anything in the Constitution or laws Of
any State to the contrary notwithstanding. A
State exercises its proper functions when, within
its own jurisdiction it administers local law,
watches local interest, promotes local charities,
and, by its local knowledge. brings the guardian
ship Of government to the homes Of it, citizens.
Such is the proper functions Of the State, by
| which we are saved from that Capitalization
which is elsewhere 50 absorbing. But State
transcends its proper functions when it inter-
feres with those equal rights. whether civil or
political, which, by the Declaration Of lndepend-
ence and repeated texts Of the national Colsti-
tuition, are under the safeguard of the nation.
The State is local in its character, and not uni
versal. Whatever is justly local belongs TO its I
c0gnizlnce whatever is universal belongs TO the I
nation but what can De more universal than I.
the rights Of man. By the national Constitu- I.
ton it is provided that che electors in each State
shall have the qualifications requisite for electors
Of the most numerous branch of the State Legis- .
ature, thus seeming to refer the primary deter .
miuation Of what are called qualifications 10 the .
States and this is reinforced by the further
provision that the times. places and manner Of
holding elections for Sen Itors and IReprgs nta- .
tiyes shall be prescribed in each State by the
Legislature thereof but the Congress may at any
time by law make or alter such regulations
This is all on these simple texts comforting place
and Ineligible powers. The chaup0us insist
that Tor may be made a qualification. and that
under the guise Of regulations citizens
whose only offence Is a skin not cUlorel hhe our
own, may be shut out from political rights. and
that, in this way, a monopoly Of rights, being
a. once "a caste and IN oliyarc8y of the skin. 5
-tituuou. Everything from them begins and
ends in a peryersjou OF two words. " qutlidcl-
tons So and Regulations" Now 10 ,li- per-
version / oppose point blank denial These
two words are not justly sus ep,ihle OF any such
signIhttttion. especially 10 national CHu,Jitu-
ton, which is 10 be Interpreted alway- that hui
man rights shall not suffer.
4 qualification is something that can be ace
quirei. Nothing can be a qualification which
Is not ia is nature attainable. "a, residence prop
erty, education or character each oi which J.,
within the possible reach y ve.i-iir-c'el efforts
Color cannot be qualification Il the pre-
scrbel qualifications were color Of tire hlir. or
color Of the eyes All would see it, a5-urlity.
but IL is none the less absurd when IL Is the rUu-
dition Of the skin. Here is an uuchancefbi-
condition, impressed by Providence Are we
not reminded that the leopard cannot change It's
spots, or the Ethiope his skin These aye the
two examples @. enduring conditions Color is
quality derived from Nature but q quality
very different from "a qualification. A quality.
Inherent in man, and part q himself, can new
er be qualification iu the sense ot the national
Constitution.
Mr.. sumner here arguel at length against the
assumption that under ,hc Constitution the
power Of suffrage belongs Co the states and
summed mp his argument upon j.. upon TWO
pro ositions First that there is abs lutely moth
ing in the national Constitution 60 sustain The .
pr-tensien Of caste or oii-3rchy of the skin. a-
set up hy certain States and scc.uily, thar .
there is iu the national C1ustitu-ioa Succession .
and re-dupica,iou of powers investing Congress
with ample authority 60 reprs-- any such pre-
tension He then considered the two reasons \
assigned for rrcttrriug Constitutional amend -
meut t. 4n act 4 Congress as the means OF Sc
curing e4ul. suffrage: First, the doubiiuluess Of
the power Of Congress. aud second. the greater .
Of an amendment. lu reply o. the -
first De insisted that the power Of Congress was =
not doubtful and in reply TO the second, said y,
he had no fear that suffrage once given would =
ever be taken away.
In conclusion, he said Discussing the rel- =
sons for the amendment, turn TO those which :.
make Us hesitate 20 present it for ratification.
There are two. The amendment admits that y,
under the national Constitution rs It's. with its
recent additions, a caste and an Oligarchy Of the
skin may be set up by State without any check
from Congress that these iguohle forms Of inc !,
quality are consistent with republican govern
ment and that the right to vote is not an exist
ing privilege and immunity of citizenship. =
Il is only with infinite reluctance that [ can !,
consent to any such admission, which, in the !
endeavor to satisfy ungenorous scruples, weak
ems all those texts which are so important for
human rights The hesitation 10 present the -
amendment il increased when We consider the ~
difficulties in the way of its ratification. | am q
no arthmeticinn, but understand that nobody u
has yet been able to euumerate the States whose
votes can be counted as 10 assure its ratification
within any reasonable time Meanwhile this
great question. which cannot brook delay, which
or the sake Of peace and to complete recoustruc- "
ion, should be settled at once, Is handel over to
prolonged controversy in the States need not
lepict evils which must ensue. or course If
here where no other way Of accomplishing the -
great result, the amendment SHOULD be presented =,
wen with all its delays uncertainties and provo q
,atious to local strife But happily all these are .,
unnecessary; the same thing may be accomplish
"a by act OF Congress without any delay, without ,
my uncertainty, and without any proyocation To IN
ocal strife. The same vote Of two-tirihs re- 4,
,uirel for the presentation Of the amendment
viii pass the act the veto Of the President. ri
)nce adopted, it will go into instant operation r,
without waiting for the uncertain concurrenceof p.
State Legislatures, and without provoking local ~
triie so wearsomc TO the country You need
-otes in Connecticut, do you not There are i.
hree thouttud folow-ctizens in that state ready IL
Il the call Of Congress to take their place at the m
a0t-box. You need them also in Pennsylva- D.,
ia, DO Won not? There are at least fifteen thou "
and ia that great state waiting for your sum m
mons Whenever You most need them there VI,
hey are, and be assured they will all vo.e for a.,
hose who stand by them in the assertion Of all III
quail rights, but in standing by them you stand III
" all which If most dear in the Republic. Par
n ne. but if You are not moved by consider tb
,ons Of justice under the Constitution, then en-
peal 10 that humble motive which is found in
he desire f success. Do this and YOU will as III
ure the triumph Of all that you most desire. s.
'arty, country, mankind will he elevated, while ce
he equal right If all will be fixed on a found
ton not less enduring than the rock Of ages q
POLITICAL.
joi
The Missouri Legislature propose next week an
b discuss bin submitting the question Of wo- e''
IAN suffrage to the people as State CONSTITUTE NJ
nal amendment.