Volume 19 — EQUALITY BEFORE THE LAW PROTECTED BY NATIONAL STATUTE. (continued 3)

Again there was a lull in the two measures.

May 10th, Mr. Sumner introduced another Supplementary Civil Rights Bill, being his original bill with such verbal changes and emendations as had occurred during its protracted consideration, and the bill was placed on the calendar of the Senate without reference to a committee.

May 21st, the Senate having under consideration a bill to extend the provisions of the Enforcement Act in the Southern States, known as the Ku-Klux Act, and entering upon a “night session” in order to pass the bill, Mr. Sumner, who was an invalid, contrary to his habit left the Chamber. In the early morning the bill was passed, when the Senate, on motion of Mr. Carpenter, of Wisconsin, took up Mr. Sumner’s Civil Rights Bill, and, striking out all after the enacting clause, inserted a substitute, imperfect in machinery, and with no allusion to schools, institutions of learning, churches, cemeteries, juries, or the word “white.” The bill thus changed passed the Senate in Mr. Sumner’s absence. Meanwhile Mr. Spencer, of Alabama, had moved an adjournment, saying, “It is unfair and unjust to take a vote upon this bill during the absence of the Senator from Massachusetts.… I insist on the motion to adjourn, as the Senator from Massachusetts is not here.” The motion was rejected. A messenger from the Senate informed Mr. Sumner of the effort making, and he hurried to the Chamber; but the bill had been already acted on, and another Amnesty Bill on the calendar taken up, on motion of Mr. Robertson, of South Carolina, and pressed to a final vote. Mr. Sumner arrived in season to protest against this measure, unless associated with Equal Rights. At the first opportunity after reaching his seat, he said:—

Mr. President, I understand that in my absence, and without any notice to me from any quarter, the Senate have adopted an emasculated Civil Rights Bill, with at least two essential safeguards wanting,—one concerning the Common Schools, and the other concerning Juries. The original bill contains both, and more; and I now ask the Senate, most solemnly, to consider whether, while decreeing equal rights for all in the land, they will say that those equal rights shall not prevail in the common school and in the jury. Such I understand to have been the vote of the Senate. What will ensue, should it be confirmed by the other House? The spirit of Caste will receive new sanction in the education of children; justice will find a new impediment in the jury.

Sir, I plead for the colored race, who unhappily have no representative on this floor. I ask the Senate to set its face against the spirit of Caste now prevailing in the common schools, against the injustice now installed in the jury. I insist that the Senate shall not lose this great opportunity. You recognize the commanding principle of the bill. Why not, then, apply it throughout, so that hereafter there shall be no question? For, Sir, be well assured, there is but one way of settling this great cause, and that is by conceding these equal rights. So long as they are denied you will have the colored people justly complaining and knocking at your doors,—and may I say, so long as I remain in this Chamber you will have me perpetually demanding their rights. I cannot, I will not cease. I ask, Sir, that this terrible strife be brought to an end, and the cause settled forever. Now is the time. But this cannot be, except by the establishment of equal rights absolutely and completely wherever the law can reach.

Sir, early in life I vowed myself to nothing less than the idea of making the principles and promises of the Declaration of Independence a living reality. This was my aspiration. For that I have labored. And now at this moment, as its fulfilment seems within reach, I appeal to my fellow-Senators that there shall be no failure on their part. Make, I entreat you, the Declaration of Independence in its principles and promises a living letter; make it a practical reality.

One word more. You are about to decree the removal of disabilities from those who have been in rebellion. Why will you not, with better justice, decree a similar removal of disabilities from those who have never injured you? Why will you not accord to the colored race the same amnesty you offer to former Rebels? Sir, you cannot go before the country with this unequal measure. Therefore, Sir, do I insist that Amnesty shall not become a law, unless at the same time the Equal Rights of All are secured. In debate this winter I have often said this, and I repeat it now with all the earnestness of my nature. Would I were stronger, that I might impress it upon the Senate!

A motion by Mr. Sumner to append his bill was rejected,—Yeas 13, Nays 27,—and the question returned on the Amnesty Bill.

Mr. Sumner then declared his purpose to vote against the Amnesty Bill:—

Mr. President, I long to vote for amnesty; I have always hoped to vote for it; but, Sir, I should be unworthy of my seat as a Senator if I voted for it while the colored race are shut out from their rights, and the ban of color is recognized in this Chamber. Sir, the time has not come for amnesty. How often must I repeat, “Be just to the colored race before you are generous to former rebels”? Unwillingly I press this truth; but it belongs to the moment. I utter it with regret; for I long to record my name in behalf of amnesty. And now let it not go forth that I am against amnesty. I here declare from my seat that I am for amnesty, provided it can be associated with the equal rights of the colored race; but if not so associated, then, so help me God, I am against it.

The Amnesty Bill was then passed, with only two dissenting votes,—Mr. Sumner, and Mr. Nye, of Nevada.

Mr. Sumner then made an ineffectual effort to obtain a reconsideration of the votes just taken, so that on another day, in a full Senate, he could be heard. Here he said:—

Mr. President, I had supposed that there was an understanding among the friends of civil rights that the bill for their security should be kept on a complete equality with that for amnesty,—which could be only by awaiting a bill from the House securing civil rights, precisely as we have a bill from the House securing amnesty. The two measures are not on an equality, when the Senate takes up a House bill for amnesty and takes up simply a Senate bill for civil rights. I will not characterize the transaction; but to me it is painful, for it involves the sacrifice of the equal rights of the colored race,—as is plain, very plain. All this winter I have stood guard here, making an earnest though unsuccessful effort to secure those rights, insisting always that they should be recognized side by side with the rights of former Rebels. Many Senators agreed with me; but now, at the last moment, comes the sacrifice. The Amnesty Bill, which has already prevailed in the House, passes, and only awaits the signature of the President; while an imperfect Civil Rights Bill, shorn of its best proportions, which has never passed the House, is taken up and rushed through the Senate. Who can tell its chances in the other House? Such, Sir, is the indifference with which the Senate treats the rights of an oppressed people!

Sir, I sound the cry. The rights of the colored race have been sacrificed in this Chamber, where the Republican Party has a large majority,—that party, by its history, its traditions, and all its professions, bound to their vindication. Sir, I sound the cry. Let it go forth that the sacrifice has been perpetrated. Amnesty is adopted; but where are the equal rights of the colored race?—still afloat between the two Houses on an imperfect bill. And what is their chance? Pass the imperfect bill and still there is a denial of equal rights. But what is the chance of passing even this imperfect measure? Who can say? Is it not a sham? Is it not a wrong which ought to ring through the land?

Sir, I call upon the colored people throughout the country to take notice how their rights are paltered with. I wish them to understand, that here in this Chamber, with a large majority of Republicans, the sacrifice has been accomplished; and let them observe how. They will take note that amnesty has been secured, while nothing is secured to them. Now, Sir, would you have your work effective, you should delay amnesty until a bill for civil rights has passed the House, and reaching this Chamber the two measures will then be on a complete equality. Anything else is sacrifice of the colored race; anything else is abandonment of an imperative duty.

The Senate then adjourned at ten o’clock and twenty minutes on the morning of May 22d.

Nothing further occurred on this interesting subject during the remainder of the session. The Amnesty Bill became a law. The Civil Rights Bill was not considered in the House; so that even this imperfect measure failed. At the next session of Congress Mr. Sumner was an invalid, under medical treatment, and withdrawn from the Senate, so that he was unable to press his bill; nor did any other Senator move it.

December 1, 1873, on the first day of the session, Mr. Sumner again brought forward his bill in the following terms:—

A Bill supplementary to an Act entitled “An Act to protect all persons in the United States in their civil rights, and furnish the means of their vindication,” passed April 9, 1866.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no citizen of the United States shall, by reason of race, color, or previous condition of servitude, be excepted or excluded from the full enjoyment of any accommodation, advantage, facility, or privilege furnished by innkeepers; by common carriers, whether on land or water; by licensed owners, managers, or lessees of theatres or other places of public amusement; by trustees, commissioners, superintendents, teachers, or other officers of common schools and public institutions of learning, the same being supported by moneys derived from general taxation or authorized by law; also of cemetery associations and benevolent associations supported or authorized in the same way: Provided, That private schools, cemeteries, and institutions of learning, established exclusively for white or colored persons, and maintained respectively by voluntary contributions, shall remain according to the terms of their original establishment.

Sec. 2. That any person violating any of the provisions of the foregoing section, or aiding in their violation, or inciting thereto, shall, for every such offence, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action on the case, with full costs, and shall also, for every such offence, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor more than one year: Provided, That the party aggrieved shall not recover more than one penalty; and when the offence is a refusal of burial, the penalty may be recovered by the heirs-at-law of the person whose body has been refused burial.

Sec. 3. That the same jurisdiction and powers are hereby conferred, and the same duties enjoined upon the courts and officers of the United States in the execution of this Act, as are conferred and enjoined upon such courts and officers in sections three, four, five, seven, and ten of an Act entitled “An Act to protect all persons in the United States in their civil rights, and furnish the means of their vindication,” passed April 9, 1866, and these sections are hereby made a part of this Act; and any of the aforesaid officers, failing to institute and prosecute such proceedings herein required, shall, for every such offence, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action on the case, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand dollars nor more than five thousand dollars.

Sec. 4. That no citizen, possessing all other qualifications which are or may be prescribed by law, shall be disqualified for service as juror in any court, National or State, by reason of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selection or summoning of jurors, who shall fail to summon any citizen for the reason above named, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand dollars nor more than five thousand dollars.

Sec. 5. That every discrimination against any citizen on account of color, by the use of the word “white,” or any other term in law, statute, ordinance, or regulation, National or State, is hereby repealed and annulled.

On the reïntroduction of this bill, the original clause relating to “churches” was omitted, in order to keep it in substantial harmony with the votes of the Senate.