Volume 20 — THE SUPPLEMENTARY CIVIL-RIGHTS BILL AGAIN: IMMEDIATE ACTION URGED.

Remarks in the Senate, December 2, 1873.

MR. PRESIDENT,—If the Senate has no business before it, I think it cannot do better than to proceed to the consideration of Senate bill No. 1, the Bill Supplementary to the Civil-Rights Act.[230] It is a well-known bill, and I do not see how it will require any debate. I think its reading will be enough. Its terms are expressive; the bill proves itself. I move that the Senate proceed to its consideration.

Mr. Ferry, of Connecticut, objecting, that on the introduction of this bill, the day before, Mr. Edmunds, of Vermont, who was not now in his seat, had expressed an earnest desire that it should be referred to a committee, a feeling in which he himself sympathized, “especially because the constitutional question which was prominent in the former debate on it had been submitted to the consideration of the Supreme Court of the United States, and its decision promulgated since the Senate last met,”—

Mr. Sumner replied:—

Mr. President,—This bill has been before a committee. What the committee did in the way of consideration I know not; I had not the honor of being a member of it. But afterward, as all know, this bill was completely, most thoroughly, considered and canvassed in this Chamber. Never in the history of our legislation was any bill more considered; never has any bill been more minutely matured. Why, then, refer it to a committee? I do not say that Senators propose delay, but it is obvious that such a reference will cause delay.

Now, Sir, I am against delay in the enactment of this measure. It should pass promptly. It is a great act of justice, to which, as I understand, the political parties of the country, in solemn convention, are pledged. Why, then, wait? Why charge a committee with this burden? Why continue on the country the burden of the injustice which this bill proposes to relieve?

We are reminded of a recent decision of the Supreme Court. I have yet to learn how that decision has any practical bearing on the present bill. I do not believe that it touches it. Why, then, interpose this delay? Why not go forward promptly, swiftly, according to the merits of this measure, and give it, like a benediction, to the land? Here are our colored fellow-citizens, many millions strong, all of whom have votes, and all unite in asking it. Your table has literally groaned under petitions presented from month to month, from year to year; and unless the bill is speedily passed, I predict that your table will groan again with similar petitions, and justly,—for our colored fellow-citizens ought to exercise that great right of petition in favor of this measure until it is finally adopted.

I am sorry that the suggestion has been made. I had hoped that there would be nothing but welcome and consideration for a measure so truly beneficent, and which is absolutely needed to crown and complete the great work of Reconstruction.

Mr. Ferry reiterating his objections, with the remark that this bill had “in its principle been considered by the Supreme Court of the United States,” and its constitutionality “substantially decided against,” and to Mr. Sumner’s inquiry, “When, and on what occasion?” responding,—

“In the New Orleans Slaughter-house cases; and I have read in the newspapers of the country during the recent vacation what purported to be the opinion of the Supreme Court; and if the paper which I read was the opinion of the Supreme Court, that court, by a majority, holds in principle that the bill which the Senator has presented is a violation of the Constitution of the United States,”—

Mr. Sumner rejoined:—

Mr. President,—I would not fail in any courtesy to any Senator, especially in any courtesy to the Senator from Vermont, for whom I have all kindness and honor, but I think Senators will agree that nothing passed yesterday between us by which I am in any way constrained, so that I may not ask the Senate to proceed at once with this bill. If I could see the question as my friend from Connecticut sees it, he may be assured that I should not press the bill. I do not see it so; but I do see that this bill is now on our table numbered One: it is the first bill of the Calendar. I see also that at this time the Senate has no business before it; and should I not fail in duty, if I did not ask the Senate to proceed during this unoccupied time with a bill which I regard as so important, and which is actually the first in order, being foremost among all bills?

But my friend from Connecticut reminds me of a recent decision of the Supreme Court. For that Court I have great respect. Personal and professional familiarity with the Court, and study of its judgments running now for much more than a generation, incline me always to deference when its decisions are mentioned; but if I understood my friend, he relies upon a newspaper report. Sir, I have read the judgment of that Court, communicated to me by one of its members in an official copy; and I have no hesitation in saying that the Senator is entirely mistaken, if he supposes that by a hair’s breadth it interferes with the constitutionality of the bill which I now move.

Sir, there is no such lion in our path. It exists only in the imagination of my friend,—or in the desire, which he has so often manifested, to interfere with the adoption of this measure. But the Senator is mistaken if he supposes that I charge upon him any indifference to Human Rights. Never, in any debate, has any word fallen from me which that Senator can so misinterpret. I know too well his heart, his excellent and abounding nature, his New-England home, to attribute to him any such indifference. But I do know full well, for the Senator has often declared it, that he acts under interpretations of the Constitution which it seems to me belong to the period anterior to the war rather than since the war. It seems to me—I may be mistaken, but I cannot help saying it—that the Senator has not yet recognized that greatest of all victories by which a new interpretation is fixed upon the National Constitution, so that hereafter all its sentences, all its phrases, all its words, shall be interpreted broadly and emphatically for Human Rights. How often have I been obliged to say this! But the Senator forgets that victory. There is his error. Most sincerely, most ardently, do I trust that the Senate will never forget it; I hope we shall duly act upon it, and celebrate it in our acts.

Sir, I have been betrayed into these remarks simply by way of answer to what has been said by my friend. I had hoped that this bill might be proceeded with without debate. I had trusted that this benign measure was so clear and refulgent with justice that no Senator would rise in his place to oppose it. I had indulged the longing that those especially in favor of amnesty for all would adopt that other greater and more comprehensive principle of justice for all. Strange, Sir, that the sensibilities of so many are aroused in favor of amnesty, and yet those same Senators are so dull when the rights of men are presented! I, Sir, am anxious to see universal amnesty; but with it must be asserted also universal justice. Our colored fellow-citizens must be admitted to complete equality before the law. In other words, everywhere, in everything regulated by law, they must be equal with all their fellow-citizens. There is the simple principle on which this bill stands. Who can impugn it? Who can throw upon it the shadow of question? Sir, if the Constitution of the United States does not sanction a bill like this, then forthwith should we proceed to amend that Constitution, and make it more worthy of our regard. Much as has been done, this bill must also be added to the trophies of Congressional action; this bill must be enumerated among the great results of our recent legislation. Terrible war will then have been a beneficent parent.

I hope, Sir, there can be no question on the subject.

The motion was not agreed to.