Of the first excuse it is difficult to speak with patience. It is
a simple misrepresentation, and wherever it shows itself must be
treated as such. There is no colored person who does not resent the
imputation that he is seeking to intrude himself socially anywhere.
This is no question of society, no question of social life, no question
of social equality, if anybody knows what this means. The object is
simply Equality before the Law, a term which explains itself. Now,
as the law does not presume to create or regulate social relations,
these are in no respect affected by the pending measure. Each person,
whether Senator or citizen, is always free to choose who shall be his
friend, his associate, his guest. And does not the ancient proverb
declare that “a man is known by the company he keeps”? But this assumes
that he may choose for himself. His house is his “castle”; and this
very designation, borrowed from the Common Law, shows his absolute
independence within its walls; nor is there any difference, whether it
be palace or hovel. But when he leaves his “castle” and goes abroad,
this independence is at an end. He walks the streets, but always
subject to the prevailing law of Equality; nor can he appropriate the
sidewalk to his own exclusive use, driving into the gutter all whose
skin is less white than his own. But nobody pretends that Equality in
the highway, whether on pavement or sidewalk, is a question of society.
And permit me to say that Equality in all institutions created or
regulated by law is as little a question of society.
In the days of Slavery it was an oft-repeated charge, that Emancipation
was a measure of social equality; and the same charge became a cry at
the successive efforts for the right to testify and the right to vote.
At each stage the cry was raised, and now it makes itself heard again,
as you are called to assure this crowning safeguard.