Sec. 3. And be it further enacted, That any person who shall molest any person entitled to vote under this Act, in the exercise of such right, shall, upon indictment and conviction, be liable to a fine not exceeding three thousand dollars, or to imprisonment for a term not exceeding six months, or to both; and if the person molested was of African descent, one half the jury impanelled to try the indictment shall be of African descent.
This bill was read, passed to a second reading, and ordered to be printed.
December 6th, on motion of Mr. Sumner, it was referred to the Committee on the District of Columbia.
At the formation of the Committee, Mr. Sumner became, for the first time, a member of the Standing Committee on the District of Columbia. According to usage in the Senate, the Standing Committees are formed in a caucus of the predominant political party, acting on the report of a Nominating Committee appointed by the caucus. At the opening of the present session Mr. Sumner was a member of the Nominating Committee. While occupied in arranging the Committee on the District of Columbia, he remarked that his only wish with regard to this Committee was, that it should be so constituted as to report in favor of suffrage without distinction of color in the District. Mr. Sherman, of Ohio, who was a member of the Nominating Committee, said at once, “Then you must go on it.” Mr. Sumner replied, that he was much occupied on the Committee on Foreign Relations, of which he was Chairman, but that, if the Nominating Committee chose to assign him this new duty, he could not decline it. He was accordingly placed on this Committee, where he continued until the opening of the session in December, 1872, when, at his own request, founded on ill health, he was excused from all service on committees.
The members of the Committee were Mr. Morrill, of Maine, Chairman, Mr. Wade, of Ohio, Mr. Willey, of West Virginia, Mr. Sumner, Mr. Henderson, of Missouri, Mr. Yates, of Illinois, and Mr. Riddle, of Delaware. At the earliest meeting of the Committee, Mr. Wade’s bill to regulate the franchise in the District of Columbia, being first on the calendar, was proceeded with. At once the question arose of a general bill regulating suffrage in the District. To relieve the Committee from this embarrassment, and reach a prompt conclusion on the main question, Mr. Sumner moved, “That the Committee will report a bill simply prohibiting any exclusion from the elective franchise on account of color, with proper provisions to carry out this prohibition, and without undertaking to regulate the qualifications.” This motion was adopted.
December 20th, Mr. Morrill reported Mr. Wade’s bill with amendments, and, in reply to inquiry from Mr. Sumner, said that he was “inclined to call it up at the earliest possible time, but probably not before the contemplated adjournment [for the holidays].” Mr. Sumner then said:—
“I am very glad my excellent friend proposes to proceed with the consideration of that measure at an early day. I believe the country requires promptitude in such act of justice.”