The bill provides for something like a tribunal, as follows:--

“They [the Commissioners] shall have power to subpœna and

compel the attendance of witnesses, and to receive testimony

and enforce its production, as in civil cases before courts of

justice.”

Under this provision the old Maryland statute is left in full force.

This should not be.

Mr. Sumner moved to add at the end of this clause, immediately

after “courts of justice,” the words “without the exclusion of

any witness on account of color.”

Mr. Saulsbury, of Delaware, called for the yeas and nays, which

were ordered, and, being taken, resulted, yeas 26, nays 10. So

the amendment was agreed to.

* * * * *

This was the first step for the civil rights of colored

persons, but it was limited to proceedings under the

Emancipation Act in the District of Columbia.

* * * * *

July 7th, the Senate having under consideration a Supplementary

Bill on Emancipation in the District, Mr. Sumner took occasion

to broaden the immunity by moving the following additional

section:--

“_And be it further enacted_, That in all judicial

proceedings in the District of Columbia there shall be no

exclusion of any witness on account of color.”

The yeas and nays were ordered, at the call of Mr. Powell, of

Kentucky, and, being taken, resulted, yeas 25, nays 11.

* * * * *

In the House of Representatives, while the bill was under

consideration, Mr. Wickliffe, of Kentucky, said: “I have no

hope of success; but I feel it to be my duty to move to strike

out the words ‘without the exclusion of any witness on account

of color,’ where they occur.… I presume it is intended to let a

man’s servant come in and swear that he is a disloyal man. I do

hope the friends of this bill will not so far outrage the laws

of this District as to authorize slaves or free negroes to be

witnesses in cases of this kind.” Mr. Thaddeus Stevens said,

“I trust that this Committee [of the whole House] will not so

far continue an outrage as not to allow any man of credit,

whether he be black or white, to be a witness”; and the motion

was rejected.[277]

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