Mr. Sumner replied:--

MR. PRESIDENT,--I should not say another word, except for the ardor

with which my friend from Indiana comes forward to throw a little blame

on me. He thinks, that, if I had consented to an earlier reference of

this bill, it would now be in order before the Senate; but he says that

in a case of strong emergency bills are not referred to committees.

Now I ask the Senator from Indiana if this is not a case of strong

emergency? The bill has been pending nearly four solid years, during

all which time a portion of our fellow-citizens, counted by the

million, have been exposed to indignity; and because I tried to speed

the result, hoping to bring the Senate to a generous conclusion of

the whole measure without a reference to the Committee, the Senator

from Indiana thus tardily seeks to rebuke me. If I erred at all, it

was because I trusted the Senate. I felt, that, with this bill on the

Calendar and within reach, it could not hesitate. I was unwilling to

see the bill in a committee-room, where the Senate, in a generous

moment, could not take it up any day, and, so far as the Senate was

concerned, make it the law of the land. I put too much faith in this

body, which I ought to know well. I did, Sir, have generous trust. I

did believe that at some early day the bill would be considered and

adopted. I have been disappointed. More than once I have tried to reach

it, I have tried to bring it before the Senate; but you know well

the impediments; you know that other important matters have occupied

attention, so that I could not, with any reasonable chance of success,

seek to press this important measure. That, Sir, is the occasion

for delay; and I do not think--I hardly like to make any question

with my friend--but I do not think he was generous in the imputation

that he sought to throw upon me. Had that Senator, on the first day

of the session, or when I made an effort at a later day to bring it

up, come forward then to aid me in pressing it on the attention of

the Senate,--had he reminded the Senate and the country how many

fellow-citizens were shut out from their rights, and that a denial of

rights does not allow delay,--had these words come from the Senator

at that time, ah! we should have been having no such debate as has

occurred to-day. The bill would have been hastened on its way, and a

people long enslaved and degraded would be at last lifted to equality.

The question being now put, the bill was referred to the Committee

on the Judiciary without objection.

March 11, 1874, Mr. Sumner died.

April 14th his bill was reported back by Mr. Frelinghuysen from the

Committee with an amendment in the form of a substitute,--being

substantially the original bill taken into a new draught, with

a few differences of machinery. In this form, after long and

exhaustive debate, it was passed in the Senate, May 22d, by Yeas

29, Nays 16.

In the House, all efforts to take it up were frustrated by the

minority, under the rule requiring a two-thirds vote for this

purpose, until the closing hours of the succeeding session, March

3, 1875, when a vote was obtained referring it to the Committee on

the Judiciary, but too late for action, and the bill fell with the

expiration of the Congress.

Meanwhile, however, February 3d, Mr. Butler, of Massachusetts,

had reported a bill from this Committee, covering the provisions

of the Senate bill, with the exception only of that relating to

cemeteries, but with the addition to that on Common Schools of the

proviso,--

“That if any State or the proper authorities in any

State, having the control of Common Schools or other public

institutions of learning aforesaid, shall establish and

maintain separate schools and institutions giving equal

educational advantages in all respects for different classes of

persons entitled to attend such schools and institutions, such

schools and institutions shall be a sufficient compliance with

the provisions of this section so far as they relate to schools

and institutions of learning.”

On proceeding to a vote, the next day, February 14th, the entire

clause, embracing Common Schools, public institutions of learning

or benevolence, and national agricultural colleges, together with

this proviso, was, on motion of Mr. Kellogg, of Connecticut, struck

out by Ayes 123, Noes 48,--a call for the Yeas and Nays, which

would have brought out the names, being refused. A previous motion

by Mr. Cessna, of Pennsylvania, to substitute the full text of the

Senate bill for that of the House Committee, now recurring, was

defeated by Yeas 114, Nays 148,--and the latter, amended as above

stated, was then passed by Yeas 162, Nays 100,--and subsequently,

February 27th, in the Senate also, by Yeas 38, Nays 26,--and March

1st received the approval of the Executive.

This bill, entitled “An Act to protect all citizens in their

civil and legal rights,”[239] has since stood on the statute

book as a finality,--these rights, in the terms of the statute,

consisting of “the full and equal enjoyment of the accommodations,

advantages, facilities, and privileges of [1st] inns, [2d] public

conveyances on land or water, [3d] theatres, and other places of

public amusement”; to which another section, rising to a higher

plane, adds the declaration [4th] “That no citizen possessing all

other qualifications which are or may be prescribed by law shall

be disqualified for service as grand or petit juror in any court

of the United States, or of any State, on account of race, color,

or previous condition of servitude,”--with such security to the

colored citizens of this inestimable right as may be found in the

provision that “any officer or other person, charged with any duty

in the selection or summoning of jurors, who shall exclude or fail

to summon any citizen for the cause aforesaid, shall, on conviction

thereof, be deemed guilty of a misdemeanor, and be fined _not more_

than five thousand dollars.”

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