Part 16

Apply these words to the present case, and the conclusion is irresistible. Whatever legislation seems “appropriate” to “enforce” the abolition of Slavery, whatever means seem proper to this end, must be within the powers of Congress under the Constitutional Amendment. You cannot deny this principle without setting aside those most remarkable judgments which stand as landmarks of constitutional history. But who can doubt that the abolition of the whole Black Code, in all its oligarchical pretensions, civil and political, is “appropriate” to “enforce” the abolition of Slavery? Mark the language of the grant. Congress may “enforce” abolition, and nobody can question the “means” it thinks best to employ. Let it not hesitate to adopt the “means” that promise to be most effective. As the occasion is extraordinary, so the “means” employed must be extraordinary.

But the Senate has already by solemn vote affirmed this very jurisdiction. You have, Sir, decreed that blacks shall enjoy the same civil rights as whites,--in other words, that with regard to civil rights there shall be no oligarchy, aristocracy, caste, or monopoly, but that all shall be equal before the law, without distinction of color. And this great decree you have made, as “appropriate legislation” under the Constitutional Amendment, to “enforce” the abolition of Slavery. Surely you have not erred. Beyond all question, the protection of the colored race in civil rights is essential to complete the abolition of Slavery; but the protection of the colored race in political rights is not less essential, and the power is as ample in one case as in the other. In each you legislate for the maintenance of that Liberty so tardily accorded, and the legislation is just as “appropriate” in one case as in the other. Protection in civil rights by Act of Congress will be a great event. It will be great in itself. It will be greater still, because it establishes the power of Congress, without further amendment of the National Constitution, to protect every citizen in all his rights, including of course the elective franchise. There are precedents of Congress, as well as of courts, which are landmarks; and this is one of them.

Therefore, as authority for Congress, you have two sources in the Constitution itself,--first, the guaranty clause, and, secondly, the Constitutional Amendment, each sufficient, the two together a twofold sufficiency. To establish the Equal Rights of All, no further Amendment is needed. The actual text is exuberant. Instead of adding new words, it will be enough, if you give those that exist the natural force belonging to them. Instead of neglecting, use them. Instead of supplementing, interpret them. An illustrious magistrate once retorted upon an advocate, who, dissatisfied with a ruling of the court, threatened to burn his books, “Better read them”; and so would I say now to all who think the Constitution needs amendment, Better read it. Yes, Sir, read it in the principles proclaimed by the Fathers before the Revolution, read it in the declarations of the Fathers when they took their place as a Republic, read it in the avowed opinions of the Fathers, read it in the public acts of the Fathers; and in all this beaming, diffusive light you will discern the true meaning. Then again read it in that other light which, as from another sun, newly risen at midday, streams from the obligation of Congress to “enforce” the abolition of Slavery. And yet again read it in the glowing illumination of the war. In whichever light you read it, you will find always the same irresistible meaning. Even if the text were doubtful, the war makes it clear. The victory which overthrew Slavery carried away all those glosses and constructions by which this wrong was originally fastened upon it. For generations the National Constitution has been interpreted for Slavery. From this time forward it must be interpreted in harmony with the Declaration of Independence, so that Human Rights shall always prevail. The promises of the Fathers must be sacredly fulfilled. This is the commanding rule, superseding all other rules. This is a great victory of the war,--perhaps the greatest. It is nothing less than the emancipation of the Constitution itself.

V.

MR. PRESIDENT, such is the testimony of history, authority, and Constitution, binding the judgment, and leaving no alternative. Thus far I have done little but bring together the diversified testimony and weave it into one body. It is not I who speak. I am nothing. It is the cause, whose voice I am, that addresses you. But there are yet other things, even at this late hour, craving utterance. And here, after this long review, I am brought back to more general considerations, and end as I began, by showing the necessity of Enfranchisement for the sake of public security and public faith. I plead now for the ballot, as the great guaranty, and _the only sufficient guaranty_,--being in itself peacemaker, reconciler, schoolmaster, and protector,--to which we are bound by every necessity and every reason; and I speak also for the good of the States lately in rebellion, as well as for the glory and safety of the Republic, that it may be an example to mankind.

Let me be understood. What I ask especially is impartial suffrage, which is, of course, embraced in universal suffrage. What is universal is necessarily impartial. For the present, I simply insist that all shall be equal before the law, so that in the enjoyment of this right there shall be no restriction not equally applicable to all. Any further question in the nature of “qualification” belongs to another stage of the debate. And yet I have no hesitation in saying that universal suffrage is a universal right, subject only to such regulations as the safety of society may require. These may concern (1.) age, (2.) character, (3.) registration, (4.) residence. In ancient Greece there was what is called a Timocracy, where a certain amount of property was required; and this condition has modern example, even among us. But it is entirely out of place now. Nobody doubts that minors may be excluded, and so also persons of infamous life. Registration and residence are both prudential requirements for the safeguard of the ballot-box against the Nomads and Bohemians of politics, and to compel the exercise of this franchise among neighbors and friends, where a person is known. Education also, under certain circumstances, may be a requirement of prudence, particularly valuable in a republic, where so much depends on the intelligence of the people; but it is of doubtful value, especially where patriotic votes are needed to crush treason or counteract fraud. There is something worse than inability to read and write. These temporary restrictions do not in any way interfere with the right of suffrage, for they leave it _absolutely accessible to all_. Even if impediments, they are easily overcome. At all events, they are not in any sense insurmountable; and this is the essential requirement of republican institutions. No matter under what depression of poverty, in what depth of obscurity, or with what diversity of complexion a man has been born, he is nevertheless a citizen, the peer of every other citizen, and the ballot is his inalienable right.

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The ballot is _peacemaker_; and is it not said, “Blessed are the peacemakers”? High among the Beatitudes let it be placed, for there it belongs. Deny it, and the freedman will be the victim of perpetual warfare. Ceasing to be a slave, he only becomes a sacrifice. Grant it, and he is admitted to those equal rights which allow no sacrifice. Plutarch records that the wise man of Athens charmed the people by saying that _Equality causes no War_, and this “pleased both the rich and the poor.”[188] In another place the same ancient records the wise man as declaring it “that which would occasion no tumult or faction.”[189] But this is peace. How god-like in transforming power alike on master and slave! The master will recognize the new citizen. The slave will stand with tranquil self-respect in presence of the master. Brute force disappears. Distrust is at an end. The master is no longer tyrant. The freedman is no longer dependant. The ballot comes to him in his depression, and says, “Use me, and be elevated.” It comes to him in his passion, and says, “Use me, and do not fight.” It comes to him in his daily thoughts, filling him with the strength and glory of manhood.

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The ballot is _reconciler_. Next after peace is reconciliation. But reconciliation is more than peace. It is concord. Parties long estranged are brought into harmony. They learn to live together. They learn to work together. They are kind to each other, even if only as the Arab and his horse; and this mutual kindness is mutual advantage. Unquestionably the ballot promises this great boon, because it brings all into natural relations of justice, without which reconciliation is a vain thing. Do you wish to see harmony truly prevail, so that industry, society, government, civilization may all prosper, and the Republic wear a crown of true greatness? Then do not neglect the ballot.

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The ballot is _schoolmaster_. Reading and writing are of inestimable value, but the ballot teaches what these cannot teach. It teaches manhood. Especially is it important to a race whose manhood has been denied. The work of redemption cannot be complete, if the ballot is left in doubt. The freedman already knows his friend by the unerring instinct of the heart. Give him the ballot, and he will be educated into the principles of government. Deny him the ballot, and he will continue alien in knowledge as in rights. His claim is exceptional, as your injustice is exceptional. For generations you have shut him out from all education, making it a crime to teach him to read the Book of Life. Let not the tyranny of the past be apology for further exclusion. Prisoners long immured in a dungeon are sometimes blinded, as they come forth into day; but this is no reason for continued imprisonment. To every freedman the ballot is the light of day.

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The ballot is _protector_. Perhaps, at the present moment, this is its highest function. Slavery has ceased in name; but this is all. The old master still asserts an inhuman power, and now by positive statutes seeks to bind his victim in new chains. Let this conspiracy proceed unchecked, and the freedman will be more unhappy than the early Puritan, who, seeking liberty of conscience, escaped from the “lords bishops” only to fall under the “lords elders.” The master will still be master, under another name,--as, according to Milton,

“New presbyter is but old priest writ large.”

Serfdom or apprenticeship is slavery in another guise. To save the freedman from this tyranny, with all its accumulated outrage, is a solemn duty. For this we are now devising guaranties; but, believe me, the only sufficient guaranty is the ballot. Let the freedman vote, and he will have in himself under the law a constant, ever-present, self-protecting power. The armor of citizenship will be his best security. The ballot will be to him sword and buckler,--sword with which to pierce his enemies, and buckler on which to receive their assault. Its possession will be a terror and a defence. The law, which is the highest reason, boasts that every man’s house is his castle; but the freedman can have no castle without the ballot. When the master knows that he may be voted down, he will know that he must be just, and everything is contained in justice. The ballot is like charity, which never faileth, and without which man is only as sounding brass or a tinkling cymbal. The ballot is the one thing needful, wanting which, rights of testimony and all other rights are no better than cobwebs, which the master will break through with impunity. To him who has the ballot all other things shall be given,--protection, opportunity, education, a homestead. The ballot is the Horn of Abundance, out of which overflow rights of every kind, with corn, cotton, rice, and all the fruits of the earth. Or, better still, it is like the hand of the body, without which, man, who is now only a little lower than the angels, must have continued only a little above the brutes. We are fearfully and wonderfully made; but as is the hand in the work of civilization, so is the ballot in the work of government. “Give me the ballot and I will move the world” may be the exclamation of the race despoiled of this right. There is nothing it cannot open with almost fabulous power, like that golden bough which in the hands of the classical adventurer unclosed the regions of another world, while, like that magic rod, it is renewed as in the verse,--

“One plucked away, a second branch you see Shoot forth in gold and glitter through the tree.”[190]

If I crowd these illustrations, it is only that I may bring home that supreme efficacy which cannot be exaggerated. Though simple in character, there is nothing the ballot may not accomplish,--like the homely household lamp in Arabian story, which, at call of its possessor, evoked a spirit that did all things, from the building of a palace to the rocking of a cradle, and filled the air with an invisible presence. As protector it is of immeasurable power,--like a fifteen-inch Columbiad pointed from a Monitor. Ay, Sir, the ballot is the Columbiad of our political life, and every citizen who has it is a full-armed Monitor.

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Having pleaded for the freedman, I now plead for the Republic; for to each alike the ballot is a _necessity_. It is idle to expect any true peace while the freedman is robbed of this transcendent right, and left a prey to a vengeance too ready to wreak upon him the disappointment of defeat. The country, sympathetic with him, will be in perpetual unrest. With him it will suffer; with him alone can it cease to suffer. Only through him can you redress the balance of our political system and assure the safety of patriot citizens. Only through him can you save the national debt from the inevitable repudiation awaiting it, when recent Rebels in conjunction with Northern allies once more bear sway. He is our best guaranty. Use him. He was once your fellow-soldier; he has always been your fellow-man. If he was willing to die for the Republic, he is surely good enough to vote. And now that he is ready to uphold the Republic, it is madness to reject him. Had he voted originally, the Acts of Secession must have failed, treason would have been voted down. You owe this tragical war, and the debt now fastened upon the country, to the denial of this right. Vacant chairs in once happy homes, innumerable graves, saddened hearts, mothers, fathers, wives, sisters, brothers, all mourning lost ones, the poor ground by taxation never known before, all testify against the injustice by which the present freedman was not allowed to vote. Had he voted, there would have been peace. If he votes now, there will be peace. Without this you must have a standing army, which is a sorry substitute for justice. Before you is the plain alternative of the ballot-box or the cartridge-box: choose ye between them.

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_Reason_, too, in every way and with every voice, cries out in unison with necessity. All policies, all expediencies, all economies take up the cry. Nothing so impolitic as wrong; nothing so inexpedient as tyranny; nothing so little economical as the spirit of caste. Justice is the highest policy, the truest expediency, and the most comprehensive economy. In this inspiration act. Do you wish to save the national credit, still imperilled by fatal injustice, and to secure gold as the national currency? Then do not let the question of Equal Rights disturb the country with volcanic throes. You complain that labor is unorganized, and that the cotton crop fails. Do you wish labor to smile and cotton to grow? Then sow the land with Human Rights, and encircle it round about with Justice. The freedman will not, cannot work, while you deny his rights. Cotton will not, cannot grow in such an atmosphere. Absurd to expect it. Using the freedman as you now do, you imitate those barbarous Irish who insisted upon ploughing by the horse’s tail, until an Act of Parliament interfered to require ploughing by harness. The infinite folly must be corrected, if for no higher reason than because it is unprofitable. But it is contrary to Nature, and on this account renders the whole social system insecure. Where Human Rights are set at nought, there can be no tranquillity except that of force, which is despotism. The philosophy of history, speaking by one of its oracles, the great Italian Vico, confirms this lesson, when it says, most sententiously, that “nothing out of its natural state can either easily subsist or last long.” Truer words were never uttered, as statement of philosophy, or warning to injustice enacted into law.

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_Gratitude_, in unison with necessity and reason, takes up the cry, insisting that we shall not fail in duty to benefactors. It is difficult to measure the extent of this obligation, which is vast in proportion to regard for Human Rights and the value set upon the Union. By their strong arms and patriot example the national strength was aggrandized. As Freedom stamped her foot, black armies sprang from the ground. To save the Republic they toiled, digging trenches and making of their bodies breastworks; for the Republic they bled. Toiling and fighting, they became copartners in the government. And shall we now disown the copartnership? Receiving them into our embattled lines, the Republic is estopped against all denial of their Equal Rights. Acts stronger than words created the unimpeachable estoppel. They aided the victories by which the Republic was assured in unity. Is there no assurance for them also?

If that “more perfect union” proclaimed in the National Constitution as a primary object has been obtained at last, it is through them. If the terrible crime of Slavery, for which the Republic suffered in strength and good name, is ended, and the Republic thereby exalted, it is through them. They helped our deliverance. To them, therefore, are we bound as debtor to creditor, as just man to benefactor. By their undoubted service we are under perpetual obligation of doing to them as they did to us. We must deliver them. Here justice commands; but another sentiment, proceeding from the heart, lends persuasive influence. Failing in present duty, the Republic will lose a precious possession, as full of sweetness as of strength.

“Sweet is the breath of vernal shower, The bee’s collected treasures sweet, Sweet music’s melting fall; but sweeter yet The still, small voice of Gratitude.”[191]

Mr. President, already I have taken too much time, and still the great theme, in various and multitudinous relations, continues to open before us. At each step it rises in some new aspect, assuming every shape of interest and of duty,--now with voice of command, and then with voice of persuasion. The national security, the national faith, the good of the freedman, the concerns of business, agriculture, justice, peace, reconciliation, obedience to God,--these are among the forms it takes. In the name of all these I speak to-day, hoping to do something for my country, and especially for that unhappy portion which has been arrayed in arms against us. The people there are my fellow-citizens, and gladly would I hail them, if they would permit, as no longer a “section,” no longer “the South,” but an integral part of the Republic, under a Constitution which, knowing no North and no South, cannot tolerate “sectional” pretension. Gladly, in all sincerity, do I offer my best effort for their welfare. But I see clearly that there is nothing in the compass of mortal power so important to them in every respect, morally, politically, and economically, that there is nothing with such certain promise to them of beneficent result, that there is nothing so sure to make their land smile with industry and fertility, as the decree of Equal Rights I now invoke. Let the judgment go forth to cover them with blessings, sure to descend upon their children in successive generations. They have given us war: we offer them peace. They have raged against us in the name of Slavery: we send them back the benediction of justice for all. They menace hate: we ask them to accept in return all the sacred charities of country, together with oblivion of the past. This is our “Measure for Measure.” This is our retaliation. This is our only revenge.

All omens are with the Republic, destined yet to win its sublimest triumphs. Timid or perverse counsels may postpone the gladsome consummation; but the contest now begun can end only when Slavery is completely transformed by a metamorphosis which shall substitute justice for injustice, riches for poverty, and beauty for deformity. From history we learn not only the past, but the future. By the study of what has been we know what must be, according to unerring law. Call it, if you please, the logic of events, and infer the inevitable conclusion. Or call it, if you please, the Rule of Three, and from the result of certain forces determine the proportionate result of increased forces. There can be no mistake in the answer. And so it is plain that the Equal Rights of All will be established. Amid all seeming vicissitudes the work proceeds. Soon or late the final victory will be won,--I believe soon. Speeches cannot stop it; crafty machinations cannot change it. Against its irresistible movement politicians are as impotent as those old conjurers who imagined that

“By rhymes they could pull down full soon From lofty sky the wandering moon.”[192]

These verses, which shine on the black-letter page of the great lawyer, Sir Edward Coke, aptly describe the incantations of our day to pull down Justice from her lofty sky. It cannot be done. In this conviction I observe what comes to pass without losing faith. I listen with composure to arguments which ought not to be made, and I see with equal composure how individual opinions swing between Congress and the President. It is not to the oscillations of the pendulum that we look for the measure of time, but to the face of the public clock and the striking of the church bell. The indications of that clock and the striking of that bell leave little room for doubt.

In the fearful tragedy drawing to a close there is a destiny, stern and irresistible as that of the Greek drama, which seems to master all that is done, hurrying on the death of Slavery and its whole brood of sin. There is also a Christian Providence which watches this battle for right, caring especially for the poor and downtrodden who have no helper. The freedman, still writhing under cruel oppression, lifts his voice to God the Avenger. It is for us to save ourselves from righteous judgment. Never with impunity can you outrage human nature. Our country, which is guilty still, is paying still the grievous penalty. Therefore by every motive of self-preservation we are summoned to be just. And thus is the cause associated indissolubly with the national life.