I think there can be no objection to this bill. It is simply to carry out what is understood to be the effect of existing legislation, but which practically does not seem to be its effect. At the late election in the District it appeared that by the terms of the charter colored persons could not be qualified as aldermen, as common-councilmen, or as assessors; and on examining the charter, which I have now on my desk, I find that by its terms, strictly construed, these offices are confined to free white persons. By our legislation, all persons, without distinction of color, can be voters, but nothing is said about being office-holders. I cannot doubt, that, under the Constitution, and particularly since the recent legislation, the discrimination adverse to colored persons is void; but practically it is not so regarded. I submit, therefore, that it is proper in Congress to remove this grievance.
Mr. Buckalew, of Pennsylvania, objected to its consideration, when Mr. Sumner gave notice that he should endeavor to call it up the next day. He gave further notice, that, if any objection were made, he should move to suspend the rule limiting business so far as to allow this bill to be considered.
July 17th, on motion of Mr. Sumner, the Senate proceeded to consider the bill. Mr. Hendricks, of Indiana, then said:—
“The Senator from Massachusetts was the author of the proposition that the colored people should vote. He made the commencement of that policy with the District of Columbia. He now claims—and I believe his party friends have come up to his position—that that is to be made universal throughout the States. I suppose he will be frank enough to inform us whether it is intended as the commencement of the policy that negroes shall be allowed to become office-holders, to hold both Federal and State offices throughout the country,—whether he regards this as the inauguration of that policy. I suppose he does, from the fact that he expressed with a great deal of warmth, the other day, the desire that he might see colored Senators here in a very short time. If we are to regard it as the inauguration of the policy, it is well enough to know it.”
Without any reply, Mr. Sumner asked for a vote, when the bill was passed,—Yeas 25, Nays 5.
July 18th, in the other House, the bill was reported by Mr. Wilson, of Iowa, from the Judiciary Committee, with the following substitute, intended to avoid in legislation the repetition of the phrase “race or color.”
“The word ‘white,’ wherever it occurs in the laws relating to the District of Columbia or in the charter or ordinances of the city of Washington or Georgetown, and operates as a limitation on the right of any elector of said District or either of said cities to hold any office or to be selected and to serve as a juror, be and the same is hereby repealed; and it shall be unlawful for any person or officer to enforce or attempt to enforce said limitation after the passage of this Act.”
The substitute was adopted, and the bill thus amended passed,—Yeas 90, Nays 20.