BILL IN THE SENATE, DECEMBER 4, 1865.

A Bill to carry out the principles of a Republican form of Government

in the District of Columbia.

_Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled_, That no person, in other

respects qualified to vote within the District of Columbia, shall be

excluded from that right by reason of race or color.

SEC. 2. _And be it further enacted_, That any person whose duty it

shall be to receive votes at any election within the District of

Columbia, who shall refuse to receive or shall reject the vote of

any person entitled to such right under this Act, shall be liable to

an action of tort by the person injured, and shall be liable, upon

indictment and conviction, if such act was done knowingly, to a fine

not exceeding five thousand dollars, or to imprisonment for a term

not exceeding one year, or to both. And where the person injured is

of African descent, one half the jury impanelled to try the action or

indictment shall be of African descent.

SEC. 3. _And be it further enacted_, That any person who shall molest

any person entitled to vote under this Act, in the exercise of such

right, shall, upon indictment and conviction, be liable to a fine not

exceeding three thousand dollars, or to imprisonment for a term not

exceeding six months, or to both; and if the person molested was of

African descent, one half the jury impanelled to try the indictment

shall be of African descent.

This bill was read, passed to a second reading, and ordered to

be printed.

December 6th, on motion of Mr. Sumner, it was referred to the

Committee on the District of Columbia.

* * * * *

At the formation of the Committee, Mr. Sumner became, for

the first time, a member of the Standing Committee on the

District of Columbia. According to usage in the Senate, the

Standing Committees are formed in a caucus of the predominant

political party, acting on the report of a Nominating Committee

appointed by the caucus. At the opening of the present

session Mr. Sumner was a member of the Nominating Committee.

While occupied in arranging the Committee on the District

of Columbia, he remarked that his only wish with regard to

this Committee was, that it should be so constituted as to

report in favor of suffrage without distinction of color in

the District. Mr. Sherman, of Ohio, who was a member of the

Nominating Committee, said at once, “Then you must go on it.”

Mr. Sumner replied, that he was much occupied on the Committee

on Foreign Relations, of which he was Chairman, but that, if

the Nominating Committee chose to assign him this new duty,

he could not decline it. He was accordingly placed on this

Committee, where he continued until the opening of the session

in December, 1872, when, at his own request, founded on ill

health, he was excused from all service on committees.

The members of the Committee were Mr. Morrill, of Maine,

Chairman, Mr. Wade, of Ohio, Mr. Willey, of West Virginia, Mr.

Sumner, Mr. Henderson, of Missouri, Mr. Yates, of Illinois,

and Mr. Riddle, of Delaware. At the earliest meeting of the

Committee, Mr. Wade’s bill to regulate the franchise in

the District of Columbia, being first on the calendar, was

proceeded with. At once the question arose of a general bill

regulating suffrage in the District. To relieve the Committee

from this embarrassment, and reach a prompt conclusion on

the main question, Mr. Sumner moved, “That the Committee

will report a bill simply prohibiting any exclusion from the

elective franchise on account of color, with proper provisions

to carry out this prohibition, and without undertaking to

regulate the qualifications.” This motion was adopted.

* * * * *

December 20th, Mr. Morrill reported Mr. Wade’s bill with

amendments, and, in reply to inquiry from Mr. Sumner, said that

he was “inclined to call it up at the earliest possible time,

but probably not before the contemplated adjournment [for the

holidays].” Mr. Sumner then said:--

“I am very glad my excellent friend proposes to proceed

with the consideration of that measure at an early day. I

believe the country requires promptitude in such act of

justice.”

* * * * *

January 10, 1866, the Senate, on motion of Mr. Morrill,

proceeded with the bill, and adopted several of the amendments.

An amendment providing that the elector “shall be able to read

the Constitution of the United States in the English language,

and write his name,” excited discussion, when the bill, on

motion of Mr. Yates, was recommitted.

January 12th, Mr. Morrill reported the original bill with an

amendment as a substitute. January 16th, it was taken up for

consideration, when Mr. Davis, of Kentucky, spoke at length

against it. From that date until June 27th it was not resumed,

but the Senate during this interval heard suffrage discussed,

especially on the Constitutional Amendment concerning

representation. At the latter date it was taken up, on motion

of Mr. Morrill. In the substitute there was no requirement of

reading and writing as a qualification; but Mr. Morrill moved

the amendment on this subject which had been reported before.

On this important proposition the vote stood, Yeas 15, Nays 19.

So it was rejected. After an elaborate speech from Mr. Willey,

in which he proposed a qualified suffrage, the bill went over

to another day, but was not resumed until the next session of

Congress. The pressure of business, the fact that there would

be no election until after the next session, the growing sense

that the suffrage must be without educational qualification,

and the uncertainty of carrying such a bill over the veto of

the President, were the reasons for this delay.

* * * * *

Meanwhile, after a debate of several days, the House of

Representatives, on the 18th of January, passed a short bill,

striking the word “white” from the election laws of the

District, and declaring that no person should be disqualified

on account of color.

* * * * *

December 3, 1866, being the first day of the session, Mr.

Sumner moved that the Senate proceed with the consideration of

the Suffrage Bill, and then remarked:--

“It will be remembered that this bill was introduced on the

first day of the last session,--that it was the subject of

repeated debate in this Chamber,--that it was more than

once referred to the Committee on the District of Columbia,

by whose chairman it was reported back to the Senate. At

several different stages it was supposed that we were about

to reach a final vote. The country expected that vote. It

was not had. It ought to have been had. And now, Sir, I

think it best for the Senate, in this very first hour of

its coming together, to put that bill on its passage. It

has been thoroughly debated. Every Senator has made up his

mind. There is nothing more to be said on either side. So

far as I am concerned, I am perfectly willing that the vote

shall be taken without one further word; but I think that

the Senate ought not to allow the bill to be postponed. We

should seize this first occasion to put the bill on its

passage. The country expects it; the country will rejoice

and be grateful, if you will signalize this first day of

your coming together by this beautiful and generous act.”

The Chair, after recognizing the motion, ruled it not in order,

according to a former precedent.

* * * * *

December 10th, on motion of Mr. Morrill, the Senate proceeded

with the Suffrage Bill. Mr. Sumner joined in urging it:--

“Let us, so far as the Senate can do it, give suffrage to

the colored race in the District; let us signalize this

first day of actual business by finishing this great act.”

Debate ensued for four days, in which Mr. Morrill, Mr. Willey,

of West Virginia, Mr. Wilson, of Massachusetts, Mr. Pomeroy, of

Kansas, Mr. Anthony, of Rhode Island, Mr. Williams, of Oregon,

Mr. Cowan, of Pennsylvania, Mr. Wade, of Ohio, Mr. Yates, of

Illinois, Mr. Reverdy Johnson, of Maryland, Mr. Gratz Brown, of

Missouri, Mr. Davis, of Kentucky, Mr. Sprague, of Rhode Island,

Mr. Buckalew, of Pennsylvania, Mr. Doolittle, of Wisconsin,

Mr. Dixon, of Connecticut, Mr. Saulsbury, of Delaware, Mr.

Foster, of Connecticut, Mr. Frelinghuysen, of New Jersey, Mr.

Hendricks, of Indiana, Mr. Lane, of Indiana, and Mr. Sumner,

took part. The remarks of the last will appear in their proper

place, according to date.[2] Among the amendments considered

was one by Mr. Cowan to strike out the word “male,” so as to

open suffrage to women, which was rejected,--Yeas 9, Nays

37. The amendment by Mr. Dixon, making reading and writing a

qualification, was also rejected,--Yeas 11, Nays 34.

December 13th, the bill passed the Senate,--Yeas 32, Nays

13. The announcement of its passage was followed by applause

in the galleries. On the next day the bill passed the other

House,--Yeas 128, Nays 46.

January 7, 1867, the bill passed the Senate over the veto of

President Johnson, by a two-thirds vote,--Yeas 29, Nays 10.

On the next day it passed the other House by a two-thirds

vote,--Yeas 113, Nays 38. And so it became a law, and also a

model for similar legislation in the reconstruction of the

Rebel States.

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