A correspondent of the _Boston Journal_ remarked at the time:--

“This is the first time, within the recollection of your

correspondent, that any bill having the negro in it,

directly or indirectly, has been passed by the Senate

without debate. What a good time is coming, when the negro

questions shall all have been legislated upon, and when the

African race will no longer be a bone of contention in our

legislative halls!”

The bill was less fortunate in the House of Representatives,

where, May 20th, Mr. Colfax, of Indiana, reported it from the

Post-Office Committee with the recommendation that it do not

pass. In explaining the reasons for this report, he referred to

the original Act of Congress establishing the disqualification,

and said:--

“That law has been on the statute-book for more than a

third of a century. Among all the petitions presented

during that time to this House and the Senate, from people

in all sections of the country, there has not been, so far

as I have been able to discover, a single petition from

any person, white or black, male or female, asking for a

repeal or modification of this law. It has remained there

by common consent until the present time; and therefore I

think it unwise and inexpedient to pass the bill at the

present time, not being demanded by public opinion.

“In the second place, the repeal of this bill does

not affect exclusively the blacks of the country, as

generally supposed. It will throw open the business of

mail-contracting, and of thus becoming officers of the

Post-Office Department, not only to blacks, but also to

the Indian tribes, civilized and uncivilized, and to the

Chinese, who have come in such large numbers to the Pacific

coast.…

“By this bill, if it is to pass, you would allow all

over the South the employment by the slaveholder of his

slaves to carry the mail, and to receive compensation for

the labor of such slaves out of the Federal Treasury.

By the present law not a dollar is ever paid out of the

Post-Office Treasury to any slaveholder for the labor of

his slave.…

“Mr. Speaker, I am furthermore authorized by the

Postmaster-General to say that he has not recommended the

passage of this bill, nor does he regard it as promotive of

the interests of the Department. I cannot find that it is

asked for by any official or private citizen throughout the

length and breadth of this land.”

To these objections he added, that it was necessary to have

testimony by which you can convict mail depredators; and “in

some of the States Indians and negroes, and in California and

Oregon the Chinese also, are not allowed by the statutes of the

State to give testimony in the courts against white persons.”

Mr. Dawes, of Massachusetts, inquired of Mr. Colfax, “whether

he supposes depredators upon the mails are tried in the State

courts, or whether they are tried in the United States courts,

and if the latter, whether he and I do not make the laws of the

United States and the courts of the United States, prescribing

who shall testify and who shall not?”

“MR. COLFAX. Not being a lawyer, and not understanding,

therefore, all the rules which govern the proceedings of

the courts, I, however, say that I am informed by those

who are lawyers that the rules of evidence in force in the

States respectively are adopted by the United States courts

in such States. And the gentleman from Massachusetts, who

is a lawyer, ought to have known the fact, and, knowing it,

ought not to have asked me such a question.

“MR. DAWES. The gentleman from Indiana has not quite

answered me.”[210]

Mr. Colfax moved to lay the bill on the table, which was

ordered, May 21st: Yeas 82, Nays 45. So the bill was lost.

In the next Congress it was again introduced by Mr. Sumner.

* * * * *

A letter from William C. Nell, of Boston, well known for his

volume on “The Colored Patriots of the Revolution,” shows how a

single individual suffered under this discrimination of color.

“Please accept my sincere thanks for your efforts to remove

the disqualification of color in mail-carrying.

“Mr. Phillips conveyed to me the substance of information

imparted by you, to wit, the postponement of the bill in

the House. To me the disappointment is heavy, presuming

said action to be a finality, at least for this session,

and the next one is not likely to be as liberal.

“I never had more desire or more need of chances to earn

money than now, and never were my opportunities so small.”

The existing law was general, and Mr. Nell could not be a

letter-carrier in Boston.

Charles Sumner: his complete works, volume 08 (of 20) · 第 92 / 125 题