|
s power to protect _either_ against the
other. Suppose the blacks in the District should seize the whites, drive
them into the fields and kitchens, force them to work without pay, flog
them, imprison them, and sell them at their pleasure, where would
Congress find power to restrain such acts? Answer; a _general_ power in
the clause so often cited, and an _express_ one in that cited
above--"Congress shall have power, to suppress insurrections." So much
for a _supposed_ case. Here follows a _real_ one. The whites in the
District are _perpetrating these identical acts_ upon seven thousand
blacks daily. That Congress has power to restrain these acts in one
case, all assert, and in so doing they assert the power "in _all_ cases
whatsoever." For the grant of power to suppress insurrections, is an
_unconditional_ grant, not hampered by provisos as to the color, shape,
size, sex, language, creed, or condition of the insurgents. Congress
derives its power to suppress this _actual_ insurrection, from the same
source whence it derived its power to suppress the _same_ acts in the
case _supposed_. If one case is an insurrection, the other is. The
_acts_ in both are the same; the _actors_ only are different. In the one
case, ignorant and degraded--goaded by the memory of the past, stung by
the present, and driven to desperation by the fearful looking for of
wrongs for ever to come. In the other, enlightened into the nature of
_rights_, the principles of justice, and the dictates of the law of
love, unprovoked by wrongs, with cool deliberation, and by system, they
perpetrate these acts upon those to whom they owe unnumbered obligations
for _whole lives_ of unrequited service. On which side may palliation be
pleaded, and which party may most reasonably claim an abatement of the
rigors of law? If Congress has power to suppress such acts _at all_, it
has power to suppress them _in_ all.
It has been shown already that _allegiance_ is exacted of the slave. Is
the government of the United States unable to grant _protection_ where
it exacts _allegiance_? It is an axiom of the civilized world, and a
maxim even with savages, that allegiance and protection are reciprocal
and correlative. Are principles powerless with us which exact homage of
barbarians? _Protection is the_ CONSTITUTIONAL RIGHT _of every human
being under the exclusive legislation of Congress who has not forfeited
it by crime_.
In conclusion, I argue the power of Congress to
|