MR. HILL. Not unless he was invited, perhaps. [_Laughter._]

MR. SUMNER. The Senator mistakes a substitute for equality.

Equality is where all are alike. A substitute can never

take the place of equality. It is impossible; it is absurd.

I must remind the Senator that it is very unjust,--it is

terribly unjust. We have received in this Chamber a colored

Senator from Mississippi; but according to the rule of

the Senator from Georgia we should have put him apart by

himself; he should not have sat with his brother Senators.

Do I understand the Senator as favoring such a rule?

MR. HILL. No, Sir.

MR. SUMNER. The Senator does not.

MR. HILL. I do not, Sir, for this reason: it is under the

institutions of the country that he becomes entitled by law

to his seat here; we have no right to deny it to him.

MR. SUMNER. Very well; and I intend, to the best of

my ability, to see that under the institutions of the

country he is equal everywhere. The Senator says he is

equal in this Chamber. I say he should be equal in rights

everywhere; and why not, I ask the Senator from Georgia?

MR. HILL. … I am one of those who have believed, that,

when it pleased the Creator of heaven and earth to make

different races of men, it was His purpose to keep them

distinct and separate. I think so now.…

MR. SUMNER. The Senator admits that in the highest

council-chamber there is, and should be, perfect equality

before the law; but descend into the hotel, on the

railroad, within the common school, and there can be no

equality before the law. The Senator does not complain

because all are equal in this Chamber. I should like to ask

him, if he will allow me, whether, in his judgment, the

colored Representatives from Georgia and South Carolina in

the other Chamber ought not on railroads and at hotels to

have like rights with himself? I ask that precise question.

MR. HILL. I will answer that question in this manner: I

myself am subject in hotels and upon railroads to the

regulations provided by the hotel proprietors for their

guests, and by the railroad companies for their passengers.

I am entitled, and so is the colored man, to all the

security and comfort that either presents to the most

favored guest or passenger; but I maintain that proximity

to a colored man does not increase my comfort or security,

nor does proximity to me on his part increase his, and

therefore it is not a denial of any right in either case.

MR. SUMNER. May I ask the Senator if he is excluded from

any right on account of his color? The Senator says he

is sometimes excluded from something at hotels or on

railroads. I ask whether any exclusion on account of color

bears on him?

MR. HILL. I answer the Senator. I have been excluded from

ladies’ cars on railroads. I do not know on what account

precisely; I do not know whether it was on account of my

color; but I think it more likely that it was on account of

my sex. [_Laughter._]

MR. SUMNER. But the Senator, as I understand, insists that

it is proper on account of color. That is his conclusion.

MR. HILL. No; I insist that it is no denial of a right,

provided all the comfort and security be furnished to

passengers alike.

MR. SUMNER. The Senator does not seem to see that any rule

excluding a man on account of color is an indignity, an

insult, and a wrong; and he makes himself on this floor the

representative of indignity, of insult, and of wrong to

the colored race. Why, Sir, his State has a large colored

population, and he denies their rights.

MR. HILL. If the Senator will allow me, I will say to him

that it will take him and others, if there should be any

others who so believe, a good while to convince the colored

people of the State of Georgia, who know me, that I would

deprive them of any right to which they are entitled,

though it were only technical; but in matters of pure

taste I cannot get away from the idea that I do them no

injustice, if I separate them on some occasions from the

other race.…

MR. SUMNER. The Senator makes a mistake which has been

made for a generation in this Chamber, confounding what

belongs to society with what belongs to rights. There is no

question of society. The Senator may choose his associates

as he pleases. They may be white or black, or between the

two. That is simply a social question, and nobody would

interfere with it. The taste which the Senator announces

he will have free liberty to exercise, selecting always

his companions; but when it comes to rights, there the

Senator must obey the law, and I insist that by the law of

the land all persons without distinction of color shall be

equal in rights. Show me, therefore, a legal institution,

anything created or regulated by law, and I show you what

must be opened equally to all without distinction of color.

Notoriously, the hotel is a legal institution, originally

established by the Common Law, subject to minute provisions

and regulations; notoriously, public conveyances are common

carriers subject to a law of their own; notoriously,

schools are public institutions created and maintained by

law; and now I simply insist that in the enjoyment of these

institutions there shall be no exclusion on account of

color.

…

MR. HILL. I must confess, Sir, that I cannot see the

magnitude of this subject. I object to this great

Government descending to the business of regulating the

hotels and the common taverns of this country, and the

street railroads, stage-coaches, and everything of that

sort. It looks to me to be a petty business.…

MR. SUMNER. I would not have my country descend, but

ascend. It must rise to the heights of the Declaration of

Independence. Then and there did we pledge ourselves to

the great truth that all men are equal in rights. And now

a Senator from Georgia rises on this floor and denies it.

He denies it by a subtilty. While pretending to admit it,

he would overthrow it. He would adopt a substitute for

equality.

…

MR. HILL. With the permission of the Senator, I will ask

him if this proposition does not involve on the part of

this Government an inhibition upon railroad companies of

first, second, and third class cars?

MR. SUMNER. Not at all. That is simply a matter of price.

My bill is an inhibition upon inequality founded upon

color. I had thought that all those inequalities were

buried under the tree at Appomattox, but the Senator digs

them up and brings them into this Chamber. There never can

be an end to this discussion until all men are assured in

equal rights.…

MR. HILL. … I do not know, that, among the guests that the

Senator entertains of the colored race, he is visited so

often by the humble as I myself am. I think those who call

upon him are gentlemen of title and of some distinction;

they may be Lieutenant-Governors, members of the two Houses

here, members of State Legislatures, &c. My associations

have been more with the lower strata of the colored people

than with the upper.

MR. SUMNER. Mr. President, there is no personal question

between the Senator and myself--

MR. HILL. None whatever.

MR. SUMNER. He proclaims his relations with the colored

race. I say nothing of mine; I leave that to others. But

the Senator still insists upon his dogma of inequality.

Senators have heard him again and again, how he comes round

by a vicious circle to the same point, that an equivalent

is equality; and when I mention the case of Governor

Dunn travelling from New Orleans to Washington on public

business, I understand the Senator to say that on the cars

he should enjoy a different treatment from the Governor.

MR. HILL. No, Sir; I have distinctly disclaimed that. When

he pays his money, he is entitled to as much comfort and as

much convenience as I am.

MR. SUMNER. Let me ask the Senator whether in this world

personal respect is not an element of comfort. If a person

is treated with indignity, can he be comfortable?

MR. HILL. I will answer the Senator, that no one can

condemn more strongly than I do any indignity visited upon

a person merely because of color.

MR. SUMNER. But when you exclude persons from the comforts

of travel simply on account of color, do you not offer them

an indignity?

MR. HILL. I say it is the fault of the railroad companies,

if they do not provide comforts for all their passengers,

and make them equal where they pay equal fare.

MR. SUMNER. The Senator says it is the fault of the

railroad company. I propose to make it impossible for the

railroad company to offer an indignity to a colored man

more than to the Senator from Georgia.

MR. HILL. Right there the Senator and I divide upon this

question.… I confess to having a little _penchant_ for the

white race; and if I were going on a long journey, and

desired a companion, I should prefer to select him from my

own race.

MR. SUMNER. The Senator comes round again to his taste. It

is not according to his taste; and therefore he offers an

indignity to the colored man.

MR. HILL. No, Sir.

MR. SUMNER. It is not according to his taste; that is

all. How often shall I say that this is no question of

taste,--it is no question of society,--it is a stern,

austere, hard question of rights? And that is the way that

I present it to the Senate.

…

In old days, when Slavery was arraigned, the constant

inquiry of those who represented this wrong was, “Are you

willing to associate with colored persons? Will you take

these slaves, as equals, into your families?” Sir, was

there ever a more illogical inquiry? What has that to do

with the question? A claim of rights cannot be encountered

by any social point. I may have whom I please as friend,

acquaintance, associate, and so may the Senator; but I

cannot deny any human being, the humblest, any right of

equality. He must be equal with me before the law, or the

promises of the Declaration of Independence are not yet

fulfilled.

And now, Sir, I pledge myself, so long as strength remains

in me, to press this question to a successful end. I

will not see the colored race of this Republic treated

with indignity on the grounds assigned by the Senator.

I am their defender. The Senator may deride me, and may

represent me as giving too much time to what he calls a

very small question. Sir, no question of human rights is

small. Every question by which the equal rights of all are

affected is transcendent. It cannot be magnified. But here

are the rights of a whole people, not merely the rights of

an individual, of two or three or four, but the rights of a

race, recognized as citizens, voting, helping to place the

Senator here in this Chamber, and he turns upon them and

denies them.

MR. HILL. The Senator is not aware of one fact, … that

every colored member of the Legislature of my State, even

though some of them had made voluntary pledges to me,

voted against my election to this body. I was not sent

here receiving a single vote from that class of men in the

Legislature.

MR. SUMNER. I am afraid that they understood the Senator.

[_Laughter._]

MR. HILL. That may be, Sir. I would not be surprised, if

they had some distrust. [_Laughter._]

MR. SUMNER. And now, Mr. President, that we may understand

precisely where we are, that the Senate need not be

confused by the question of taste or the question of

society presented by the Senator from Georgia, I desire to

have my amendment read.

The Supplementary Civil Rights Bill was then read at length, as

follows:--

SEC.--That all citizens of the United States, without

distinction of race, color, or previous condition of

servitude, are entitled to the equal and impartial

enjoyment of any accommodation, advantage, facility, or

privilege furnished by common carriers, whether on land

or water; by innkeepers; by licensed owners, managers, or

lessees of theatres or other places of public amusement;

by trustees, commissioners, superintendents, teachers,

or other officers of common schools and other public

institutions of learning, the same being supported or

authorized by law; by trustees or officers of church

organizations, cemetery associations, and benevolent

institutions incorporated by National or State authority:

and this right shall not be denied or abridged on any

pretence of race, color, or previous condition of servitude.

SEC.--That any person violating the foregoing provision,

or aiding in its violation, or inciting thereto, shall

for every such offence forfeit and pay the sum of $500

to the person aggrieved thereby, to be recovered in an

action on the case, with full costs and such allowance for

counsel fees as the court shall deem just, and shall also

for every such offence be deemed guilty of a misdemeanor,

and upon conviction thereof shall be fined not less than

$500 nor more than $1,000, and shall be imprisoned not

less than thirty days nor more than one year; and any

corporation, association, or individual holding a charter

or license under National or State authority, violating

the aforesaid provision, shall, upon conviction thereof,

forfeit such charter or license; and any person assuming

to use or continuing to act under such charter or license

thus forfeited, or aiding in the same, or inciting thereto,

shall, upon conviction thereof, be deemed guilty of a

misdemeanor, and shall be fined not less than $1,000 nor

more than $5,000, and shall be imprisoned not less than

three nor more than seven years; and both the corporate and

joint property of such corporation or association, and the

private property of the several individuals composing the

same, shall be held liable for the forfeitures, fines, and

penalties incurred by any violation of the ---- section of

this Act.

SEC.--That the same jurisdiction and powers are hereby

conferred and the same duties enjoined upon the courts and

officers of the United States, in the execution of this

Act, as are conferred and enjoined upon such courts and

officers in sections three, four, five, seven, and ten

of an Act entitled “An Act to protect all persons in the

United States in their civil rights, and furnish the means

of their vindication,” passed April 9, 1866, and these

sections are hereby made a part of this Act; and any of the

aforesaid officers failing to institute and prosecute such

proceedings herein required shall for every such offence

forfeit and pay the sum of $500 to the person aggrieved

thereby, to be recovered by an action on the case, with

full costs and such allowance for counsel fees as the court

shall deem just, and shall on conviction thereof be deemed

guilty of a misdemeanor, and be fined not less than $1,000

nor more than $5,000.

SEC.--That no person shall be disqualified for service as

juror in any court, National or State, by reason of race,

color, or previous condition of servitude: _Provided_, That

such person possesses all other qualifications which are by

law prescribed; and any officer or other persons charged

with any duty in the selection or summoning of jurors, who

shall exclude or fail to summon any person for the reason

above named, shall, on conviction thereof, be deemed guilty

of a misdemeanor, and be fined not less than $1,000 nor

more than $5,000.

SEC.--That every law, statute, ordinance, regulation, or

custom, whether National or State, inconsistent with this

Act, or making any discriminations against any person on

account of color, by the use of the word “white,” is hereby

repealed and annulled.

SEC.--That it shall be the duty of the judges of the

several courts upon which jurisdiction is hereby conferred

to give this Act in charge to the grand jury of their

respective courts at the commencement of each term thereof.

Objection was at once raised to the admission of any amendment

whatever, as imperilling the pending bill,--Mr. Alcorn, of

Mississippi, while pressing this, objected further, urging the

hazard to the measure embraced in the proposed amendment from

attachment to a bill requiring for its passage a two-thirds’

vote instead of the usual simple majority.

* * * * *

December 21st, Mr. Thurman, of Ohio, objected to the amendment

of Mr. Sumner, on the ground suggested by Mr. Alcorn,--raising

the point of order, that, “being a measure which, if it stood

by itself, could be passed by a majority vote of the Senate,

it cannot be offered as an amendment to a bill that requires

two-thirds of the Senate.” The objection being overruled, and

Mr. Thurman appealing from the decision of the Chair, a debate

ensued on the question of order,--Mr. Thurman, Mr. Bayard of

Delaware, Mr. Trumbull of Illinois, Mr. Davis of Kentucky, and

Mr. Sawyer of South Carolina sustaining the objection, and Mr.

Conkling of New York, Mr. Carpenter of Wisconsin, Mr. Edmunds

of Vermont, and Mr. Sumner opposing it. In the course of his

speech Mr. Sumner remarked:--

Does not the Act before us in its body propose a measure of

reconciliation? Clemency and amnesty it proposes; and these, in my

judgment, constitute a measure of reconciliation. And now I add justice

to the colored race. Is not that germane? Do not the two go together?

Are they not naturally associated? Sir, can they be separated?

Instead of raising a question of order, I think the friends of amnesty

would be much better employed if they devoted their strength to secure

the passage of my amendment. Who that is truly in favor of amnesty will

vote against this measure of reconciliation?

Sir, most anxiously do I seek reconciliation; but I know too much

of history, too much of my own country, and I remember too well the

fires over which we have walked in these latter days, not to know that

reconciliation is impossible except on the recognition of Equal Rights.

Vain is the effort of the Senator from Mississippi [Mr. ALCORN]; he

cannot succeed; he must fail, and he ought to fail. It is not enough

to be generous; he must learn to be just. It is not enough to stand by

those who have fought against us; he must also stand by those who for

generations have borne the ban of wrong. I listened with sadness to

the Senator; he spoke earnestly and sincerely,--but, to my mind, it is

much to be regretted, that, coming into this Chamber the representative

of colored men, he should turn against them. I know that he will say,

“Pass the Amnesty Bill first, and then take care of the other.” I say,

Better pass the two together; or if either is lost, let it be the

first. Justice in this world is foremost.

The Senator thinks that the cause of the colored race is hazarded

because my amendment is moved on the Act for Amnesty. In my judgment,

it is advanced. He says that the Act of Amnesty can pass only by a

two-thirds vote. Well, Sir, I insist that every one of that two-thirds

should record his name for my measure of reconciliation. If he does

not, he is inconsistent with himself. How, Sir, will an Act of Amnesty

be received when accompanied with denial of justice to the colored

race? With what countenance can it be presented to this country? How

will it look to the civilized world? Sad page! The Recording Angel will

have tears, but not enough to blot it out.

The decision of the Chair was sustained by the vote of the

Senate,--Yeas 28, Nays 26,--and the amendment was declared in

order. On the question of its adoption it was lost,--Yeas 29,

Nays 30.

Later in the day, the Amnesty Bill having been reported to

the Senate, Mr. Sumner renewed his amendment. In the debate

that ensued he declared his desire to vote for amnesty; but he

insisted that this measure did not deserve success, unless with

it was justice to the colored race. In reply to Mr. Thurman,

he urged that all regulations of public institutions should

be in conformity with the Declaration of Independence. “The

Senator may smile, but I commend that to his thoughts during

our vacation. Let him consider the binding character of the

Declaration in its fundamental principles. The Senator does not

believe it. There are others who do, and my bill is simply a

practical application of it.”

Without taking any vote the Senate adjourned for the holiday

recess, leaving the Amnesty Bill and the pending amendment as

unfinished business.

* * * * *

January 15, 1872, the subject was resumed, when Mr. Sumner made

the following speech.

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