July 19th, the Senate concurred in the amendment, and, on motion of Mr. Harlan, of Iowa, further amended the bill by an additional section authorizing “the necessary grand and petit jurors for the June term of the Criminal Court for the year 1867.” This amendment, though not relating to Equal Rights, was concurred in by the House.
July 20th, the bill was duly enrolled and transmitted to the President for his signature, but was not returned by him before the adjournment, the same day, so that it failed to become a law. Mr. Sumner complained that Senators “proposed to go home and leave Equal Rights in the District without the protection we owe them.”
November 21st, on the first day of the meeting of Congress after the adjournment, Mr. Sumner introduced the same bill as it had passed both Houses, and asked the Senate to proceed with it at once; but this was prevented by the objection of Mr. Davis, of Kentucky. Mr. Sumner forbore calling it up for eleven consecutive days of the session, to see if within that time it would be returned to Congress, with or without objections. It was not returned, and on application at the Department of State it was ascertained that it had not been received there.
December 5th, the bill was taken up, on motion of Mr. Sumner, discussed, and again passed,—Yeas 32, Nays 8.
December 9th, it passed the House,—Yeas 104, Nays 39.
December 11th it was presented to the President.
December 20th, Congress adjourned for the holidays.
The President, by a message, January 24, 1868, in reply to an inquiry of the Senate, stated that it was presented for his approval December 11, 1867, but that “Congress by their adjournment [December 20th] prevented the return of the bill within the time prescribed by the Constitution.”