“All persons are equal before the law, so that no person can
hold another as a slave; and the Congress shall have power to
make all laws necessary and proper to carry this declaration
into effect everywhere within the United States and the
jurisdiction thereof.”[244]
There, Sir, was the beginning of Civil-Rights Bills and
Political-Rights Bills. On the same day it appears that Mr. Sumner
introduced into the Senate “A bill to secure equality before the law in
the courts of the United States.”[245]
The debate went on. On the 25th of February, 1865, a resolution of
the Judiciary Committee was pending, recognizing the State Government
of Louisiana. Mr. Sumner on that day introduced resolutions thus
entitled:--
“Resolutions declaring the duty of the United States to
guaranty Republican Governments in the Rebel States on the
basis of the Declaration of Independence, so that _the new
governments_”--
that is, the reconstructed governments--
“shall be founded on the consent of the governed and the
equality of all persons before the law.”
Of this series of resolutions I will read two.
“That the path of justice is also the path of peace; and that
for the sake of peace it is better to obey the Constitution,
and, in conformity with its requirements, in the performance of
the guaranty, to reëstablish State governments on the consent
of the governed and the equality of all persons before the law,
to the end that the foundations thereof may be permanent, and
that no loyal majorities may be again overthrown or ruled by
any oligarchical class.”