if it can protect one man and is bound
to protect him, it can protect every
man—all men—and is bound
to do it. All admit the power of Congress to
protect the masters in the District against their slaves.
What part of the constitution gives the power?
The clause so often quoted,—“power
of legislation in all cases whatsoever,” equally
in the “case” of defending the
blacks against the whites, as in that of defending
the whites against the blacks. The power is given
also by Art. 1, Sec. 8, clause 15—“Congress
shall have power to suppress insurrections”—a
power to protect, as well blacks against whites, as
whites against blacks. If the constitution gives
power to protect one class against the other,
it gives 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.