OPENING OF OFFICES TO COLORED PERSONS IN THE DISTRICT OF COLUMBIA.

REMARKS IN THE SENATE, ON A BILL FOR THE FURTHER SECURITY OF EQUAL

RIGHTS IN THE DISTRICT OF COLUMBIA, JULY 16, 1867.

July 16th, Mr. Sumner offered a petition from citizens of

Washington, setting forth, that, under the existing charter

of Washington, colored persons are excluded from office, and

praying relief. He supported the petition with the following

bill “for the further security of Equal Rights in the District

of Columbia”:--

“_Be it enacted, &c._, That in the District of Columbia

no person shall be excluded from any office by reason

of race or color, and all parts of laws making any such

discrimination are hereby repealed.”

The bill was read, when Mr. Sumner asked unanimous consent to

proceed with its consideration.

I think there can be no objection to this bill. It is simply to carry

out what is understood to be the effect of existing legislation, but

which practically does not seem to be its effect. At the late election

in the District it appeared that by the terms of the charter colored

persons could not be qualified as aldermen, as common-councilmen, or as

assessors; and on examining the charter, which I have now on my desk, I

find that by its terms, strictly construed, these offices are confined

to free white persons. By our legislation, all persons, without

distinction of color, can be voters, but nothing is said about being

office-holders. I cannot doubt, that, under the Constitution, and

particularly since the recent legislation, the discrimination adverse

to colored persons is void; but practically it is not so regarded.

I submit, therefore, that it is proper in Congress to remove this

grievance.

Mr. Buckalew, of Pennsylvania, objected to its consideration,

when Mr. Sumner gave notice that he should endeavor to call it

up the next day. He gave further notice, that, if any objection

were made, he should move to suspend the rule limiting business

so far as to allow this bill to be considered.

* * * * *

July 17th, on motion of Mr. Sumner, the Senate proceeded to

consider the bill. Mr. Hendricks, of Indiana, then said:--

“The Senator from Massachusetts was the author of the

proposition that the colored people should vote. He made

the commencement of that policy with the District of

Columbia. He now claims--and I believe his party friends

have come up to his position--that that is to be made

universal throughout the States. I suppose he will be

frank enough to inform us whether it is intended as the

commencement of the policy that negroes shall be allowed

to become office-holders, to hold both Federal and State

offices throughout the country,--whether he regards this as

the inauguration of that policy. I suppose he does, from

the fact that he expressed with a great deal of warmth, the

other day, the desire that he might see colored Senators

here in a very short time. If we are to regard it as the

inauguration of the policy, it is well enough to know it.”

Without any reply, Mr. Sumner asked for a vote, when the bill

was passed,--Yeas 25, Nays 5.

* * * * *

July 18th, in the other House, the bill was reported by Mr.

Wilson, of Iowa, from the Judiciary Committee, with the

following substitute, intended to avoid in legislation the

repetition of the phrase “race or color.”

“The word ‘white,’ wherever it occurs in the laws relating

to the District of Columbia or in the charter or ordinances

of the city of Washington or Georgetown, and operates as

a limitation on the right of any elector of said District

or either of said cities to hold any office or to be

selected and to serve as a juror, be and the same is hereby

repealed; and it shall be unlawful for any person or

officer to enforce or attempt to enforce said limitation

after the passage of this Act.”

The substitute was adopted, and the bill thus amended

passed,--Yeas 90, Nays 20.

July 19th, the Senate concurred in the amendment, and, on

motion of Mr. Harlan, of Iowa, further amended the bill by an

additional section authorizing “the necessary grand and petit

jurors for the June term of the Criminal Court for the year

1867.” This amendment, though not relating to Equal Rights, was

concurred in by the House.

July 20th, the bill was duly enrolled and transmitted to the

President for his signature, but was not returned by him before

the adjournment, the same day, so that it failed to become a

law. Mr. Sumner complained that Senators “proposed to go home

and leave Equal Rights in the District without the protection

we owe them.”

* * * * *

November 21st, on the first day of the meeting of Congress

after the adjournment, Mr. Sumner introduced the same bill as

it had passed both Houses, and asked the Senate to proceed with

it at once; but this was prevented by the objection of Mr.

Davis, of Kentucky. Mr. Sumner forbore calling it up for eleven

consecutive days of the session, to see if within that time it

would be returned to Congress, with or without objections. It

was not returned, and on application at the Department of State

it was ascertained that it had not been received there.

December 5th, the bill was taken up, on motion of Mr. Sumner,

discussed, and again passed,--Yeas 32, Nays 8.

December 9th, it passed the House,--Yeas 104, Nays 39.

December 11th it was presented to the President.

December 20th, Congress adjourned for the holidays.

The President, by a message, January 24, 1868, in reply to

an inquiry of the Senate, stated that it was presented for

his approval December 11, 1867, but that “Congress by their

adjournment [December 20th] prevented the return of the bill

within the time prescribed by the Constitution.”

January 7th, Mr. Sumner a third time introduced the same bill.

Mr. Sherman, of Ohio, thought “we ought to consider whether

it is not already a law.” Mr. Edmunds, of Vermont, said that

“this bill has become a law, if it has not been returned with

a veto.” Under these circumstances, the bill was referred to

the Judiciary Committee to consider its true condition and the

question of further legislation.

February 11, 1869, the bill being once more before the Senate,

Mr. Sumner moved it again, as appears by the following passage.

MR. SUMNER. I move that the Senate proceed to the

consideration of Senate bill No. 228.

MR. DRAKE [of Missouri]. What is it?

MR. SUMNER. A bill for the further security of Equal Rights

in the District of Columbia. I will make one minute’s

explanation, and then the Senate will see that it ought to

be passed. This bill has already twice passed both Houses

of Congress, but immediately before recesses, and it has

fallen from the President failing to return it with his

veto, and from the unsettled condition of the practice or

law in such cases.

THE PRESIDING OFFICER [Mr. MORGAN, of New York, in the

chair]. It requires the unanimous consent of the Senate to

consider the bill at this time.

MR. DRAKE. I appeal to the honorable Senator from

Massachusetts on behalf of a poor and most worthy woman----

MR. SUMNER. Why should the Senator make that appeal to

me? I appeal on behalf of all the colored people in this

District, who ask the passage of this bill.

MR. CONKLING [of New York]. Whether the objection should

be made or not depends perhaps upon this, which I should

like to inquire: Has not this bill not only passed twice,

I think three times, but has it not become a law certainly

once?

MR. SUMNER. It has not become a law; at least, it has

not found place in the statute-book, and the courts have

declined to recognize it as law. Under the circumstances,

it has seemed the best and the shortest way for Congress to

pass it again, so as to remove all doubt.

The bill passed the Senate without a division, and, March 2d,

it again passed the other House without a division. Again it

failed to receive the signature of the President, nor was it

returned with his objections.

March 6th, at the opening of a new Congress, with a new

President, Mr. Sumner introduced it again, and asked unanimous

consent to proceed with its consideration; but Mr. Vickers, of

Maryland, objected.

March 8th, it passed the Senate without a division; March 15th,

passed the other House,--Yeas 111, Nays 46; March 18th, was

approved by the President, and so at last became a law.[236]

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