in the “case” of defending blacks
against whites, as in that of defending whites against
blacks. The power is also conferred 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.


