dependence of Liberty upon Equality. In his little work, "Voluntary Servitude," which inspires astonishment in all who read it, while vindicating and exalting Liberty as derived from Nature, and setting forth how this good mother" has given to us all the whole earth for a home, has lodged us all in the same house, has fashioned us all according to the same pattern, so that each can see and recognize one in another, and then, alluding to the gift of voice and speech for our better. mutual acquaintance and fraternity, also to the means. by which Nature ties and binds so strongly the knot of our alliance and society, also to the manifestation in all things that she did not wish so much to make us all united as all one, the precocious philosopher declares: "There can be no doubt that we are all naturally free, since we are all companions, and it cannot fall into any human head that Nature has put anybody in slavery, having put us all in company."1 Here is exhibited that controlling Equality which has prevailed in France. A recent English publicist and professor exhibits also the predominance of this principle: I refer to Mr. Maine, who, in his work on "Ancient Law," after tracing it to the jurisconsults of the Antonine era, and asserting that it "is one of a large number of legal propositions which in progress of time have become political," attests the influence of France, which, according to him, is seen in our own Declaration of Independence, where what he calls "the specially French assumption," that all men are born equal, is joined with what he calls "the assumption more familiar to Englishmen," that all men. 1 Discours de la Servitude Volontaire: Euvres, ed. Feugère, (Paris, 1846.) pp. 26, 27. are born free; and he adds, that, "of all the 'principles of 1789,' it is the one which has been least strenuously assailed, which has most thoroughly leavened modern opinion, and which promises to modify most deeply the constitution of societies and the politics of states." 1 And now I venture to suggest that this guiding principle be recognized by us in words commended by usage and intrinsic character. Should the Senate not incline to this form, there is still another I would suggest: "Slavery shall not exist anywhere within the United States or the jurisdiction thereof; and the Congress shall have power to make all laws necessary and proper to carry this prohibition into effect." This is simple, and avoids all language open to question. The word "Slavery" is explicit, and describes precisely what you propose to blast. There is no doubt with regard to its signification. It cannot be confounded with "the punishment of crime"; for imprisonment is not Slavery; nor can any punishment take the form of a wrong which stands by itself, peculiar, terrible, outrageous. Therefore nothing about punishment should find place in the rule we now ordain. Beyond this I would avoid technicality, which is out of place in such a text; and here I am encouraged by other examples. An early Constitution of France prohibited Slavery in every form, when it said: "Every man can engage his 1 Ancient Law: its Connection with the Early History of Society, and its Relation to Modern Ideas, by Henry Sumner Maine, (London, 1861,) pp. 92-96. In harmony with this English writer is M. Emile de Girardin, the French journalist and publicist, who, in a work which appeared in 1872, says, "A single line which follows resumes all the Revolution of 1789"; and he then quotes in capitals, " Frenchmen are equal before the law." 3 time and his services, but he cannot sell himself, nor be sold; his person is not alienable property."1 That of the Greek nation was equally thorough: "It is not permitted in Greece to sell or to buy men; every slave, whatever may be his nation or religion, is free from the time he puts foot on Greek territory."2 Nothing can be simpler than this prohibition in the Bavarian Constitution: "Servitude is everywhere suppressed"; or than this in the Constitution of Wurtemberg: "Serfdom is forever abolished"; or than this in the Constitution of the French Republic in November, 1848: "Slavery cannot exist upon any French soil."5 can anything be more simple and thorough than these words from Hayti: "Slaves cannot exist on the territory of the Republic. Slavery there is forever abolished." Naturally a Republic of enfranchised slaves made this the first article of its Constitution, while sense as well as instinct supplied the form. And, Sir, in all these historic instances you will remark that there is nothing technical. Nor If the Senate is determined to follow the Jeffersonian Ordinance, then I prefer that it should be the Ordinance actually, and not as reported by the Committee. And I would complete the work by expelling from the Constitution all those words so often misconstrued, perverted, and tortured to a false support of Slavery. 1 Collection des Constitutions, etc., par Dufau, Duvergier, et Guadet, Tom. I. p. 150. 2 Ibid., Supplément, p. 75. 8 Ibid., Tom. II. p. 228. 4 Ibid., p. 279. 5 Annuaire Historique Universel, 1848, Appendice, Documents Historiques, p. 41. 6 Collection des Constitutions, etc., par Dufau, Duvergier, et Guadet, Tom. V. p. 239. But while desirous of seeing the great rule of Freedom we are about to ordain embodied in a text which shall be like the precious casket to the more precious treasure, yet I confess that I feel humbled by my own endeavors. And whatever the judgment of the Senate, I am consoled by the thought that the most homely text containing such a rule will be more beautiful far than any word of poet or orator, and will endure to be read with gratitude, when the lofty dome of this Capitol, with the statue of Liberty which crowns it, has crumbled to earth. CASTE AND PREJUDICE OF COLOR. LETTER TO THE YOUNG MEN'S ASSOCIATION OF ALBANY, THE managers of the Young Men's Association of Albany, after excluding from their lecture-room all persons not of an approved color, invited Mr. Sumner to speak on Lafayette. He returned the following answer. SENATE CHAMBER, April 16, 1864. (IR,— You invite me to deliver an address on Lafay ette before the Young Men's Association of Albany. In view of a recent incident in the history of your Association, I am astonished at the request. I cannot consent to speak of Lafayette, who was not ashamed to fight beside a black soldier, to an audience too delicate to sit beside a black citizen. I cannot speak of Lafayette, who was a friend of universal liberty, under the auspices of a society which makes itself the champion of caste and vulgar prejudice. I have the honor to be, Sir, your obedient servant, CHARLES SUMNER. C. W. DAVIS, Esq., Cor. Sec., &c., Albany. |