The opening of the street-cars in Washington constitutes a special chapter of effort, which, beyond its local influence, was important as an example to the country.
February 27, 1863, the Senate having under consideration the bill to authorize the Alexandria and Washington Railroad Company to extend their road across the Potomac River and through the city of Washington to the Baltimore and Ohio Railroad station, Mr. Sumner moved an amendment in the following words:—
“And provided, also, That no person shall be excluded from the cars on account of color.”
In making this motion, he called attention to what seemed to him a new illustration of the barbarism of Slavery. An aged colored person had been excluded from the cars and dropped in the mud. He thought the incident discreditable, and that it was the duty of Congress to interfere. The following dialogue then ensued.
Mr. Howe (of Wisconsin). I should like to ask the Senator from Massachusetts, as a question of law, whether, if this railroad company, being common carriers, should drop any person or refuse to carry any person who offered them their fare, they would not be liable as the law now stands, without any express enactment?
Mr. Sumner. If you ask me the question as a lawyer, I should say they would be liable; but the experience here, as I believe, is, that this liability is not recognized. The Senator knows well, that, under the influence of Slavery, human rights are disregarded, and those principles of law which he recognizes are set aside. Therefore it becomes the duty of Congress to interfere and specially declare them.
Mr. Howe. Would the effect of the amendment be any more than a reënactment of the existing law?
Mr. Sumner. That was said of the Wilmot Proviso, as the Senator will remember.
The question being taken by yeas and nays, resulted, Yeas 19, Nays 18; so the amendment was agreed to. It was concurred in by the House, and approved by the President, March 3, 1863.