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640 pages, Hardcover
First published June 1, 2025
Grant’s visit started off inauspiciously. Sumner’s servant, seeing a small, stern, bearded man he didn’t recognize, tried to shoo him away, assuming he was a random petitioner like so many who habitually came to Sumner’s door. Overhearing a voice that sounded like Grant’s, Sumner rushed to his foyer and was startled to see his servant talking down to the president of the United States. A bit flustered, he hurriedly beckoned Grant inside and offered him a glass of sherry, which Grant refused.
Charles Sumner occasionally received letters from new parents who had named their baby son after him. These letters never pleased him, despite his love for flattery. “Don’t make a mistake,” he once wrote to a father who named his son Charles Sumner. “Never name a child after a living man.” He urged the father to “simply un-name” his son and pick something else. “Who knows that I may not fail? I, too, may grow faint, or may turn aside to false gods.”
More than anyone, Sumner knew the instrumental value of a constitutional provision that referred to equality. Back in 1849, in the Roberts v. City of Boston case, he, along with Black lawyer Robert Morris, had pointed to the statement “all men are born free and equal” in the Massachusetts Constitution to argue to the state supreme court that Boston’s white-only public schools were unconstitutional and should be open to Black students. Although they lost the case, their argument paved the path for Boston’s Black community to lobby the state legislature successfully in 1855 to integrate the city’s public schools. It also led to the state supreme court’s acknowledging in dicta that “all persons without distinction of age or sex, birth or color, origin or condition, are equal before the law.”
Soon after Sumner and Morris presented their case in Roberts, Sumner published a pamphlet edition of his argument for school integration. That pamphlet popularized the expression “equality before the law,” which Sumner had effectively introduced into the English language. Adopted by several French constitutions and the constitutions of at least eight other non-English-speaking countries, the principle of “equality before the law” was rarely invoked in America before his pamphlet’s release. For the next fifteen years, leading into the amendment debates of 1864, abolitionists regularly used his phrase “equality before the law”—and the phrase is still commonly used today. Contemporaries, such as the Black law professor John Mercer Langston and the abolitionist Wendell Phillips, have attributed the slogan’s genesis in American legal thought to Sumner.
In an April 8, 1864, speech, Sumner advocated for the inclusion of “equality before the law” in what became the Thirteenth Amendment. Admitting that “the language may be new in our country,” he argued that it “gives precision to that idea of human rights which is enunciated in our Declaration of Independence.”