“I have the testimony of Senator Morrill, this same Senator,
to the fact ‘that equality before the law, without distinction
of race or color,’ is a constitutional right,--for we have his
declaration to that effect recorded, and further setting forth
that it is ‘the duty of the Circuit Court of the United States
to afford a speedy and convenient means for the arrest and
examination of persons charged with a disregard of the same.’
(See proceedings of Senate, April, 1866.)”
I have not verified this reference; I read it as I find it. The Senator
will know whether he has heretofore employed such generous language,
in just conformity with the Constitution. Assuming now that he has
used this language, I think, as a lawyer, he will feel that George T.
Downing has the better of him. I ask my friend to listen, and perhaps
he will confess:--
“If equality before the law be a constitutional right, as
testified to by Mr. Morrill, and if it be the duty of the
Federal courts to protect the same, as he further affirms, is
not all conceded as to the right of Congress to act in the case
in question, when it is shown that the public inn, the public
school, the common carrier, are necessary institutions under
the control of law, where equality without regard to race or
color may be enforced? Can there be any question as to the same?
“I further invoke the letter of the Constitution _in behalf
of Congressional action_ to protect me in the rights of an
American citizen; for instance,”--
Again I say, this is not the argument of a Senator, nor of a lawyer,
but only of one of those colored fellow-citizens for whom my friend can
find no protection,--
“for instance, that article which says, ‘The judicial power
shall extend to all cases in law and equity arising under this
Constitution.’ If equality before the law be, as Mr. Morrill
has declared, a constitutional right, the judicial power of
the United States reaches the same. Another section says, ‘The
citizens of each State shall be entitled to all privileges and
immunities of citizens in the several States.’”