Sir, I sound the cry. The rights of the colored race have been sacrificed in this Chamber, where the Republican Party has a large majority,—that party, by its history, its traditions, and all its professions, bound to their vindication. Sir, I sound the cry. Let it go forth that the sacrifice has been perpetrated. Amnesty is adopted; but where are the equal rights of the colored race?—still afloat between the two Houses on an imperfect bill. And what is their chance? Pass the imperfect bill and still there is a denial of equal rights. But what is the chance of passing even this imperfect measure? Who can say? Is it not a sham? Is it not a wrong which ought to ring through the land?
Sir, I call upon the colored people throughout the country to take notice how their rights are paltered with. I wish them to understand, that here in this Chamber, with a large majority of Republicans, the sacrifice has been accomplished; and let them observe how. They will take note that amnesty has been secured, while nothing is secured to them. Now, Sir, would you have your work effective, you should delay amnesty until a bill for civil rights has passed the House, and reaching this Chamber the two measures will then be on a complete equality. Anything else is sacrifice of the colored race; anything else is abandonment of an imperative duty.
The Senate then adjourned at ten o’clock and twenty minutes on the morning of May 22d.
Nothing further occurred on this interesting subject during the remainder of the session. The Amnesty Bill became a law. The Civil Rights Bill was not considered in the House; so that even this imperfect measure failed. At the next session of Congress Mr. Sumner was an invalid, under medical treatment, and withdrawn from the Senate, so that he was unable to press his bill; nor did any other Senator move it.
December 1, 1873, on the first day of the session, Mr. Sumner again brought forward his bill in the following terms:—
A Bill supplementary to an Act entitled “An Act to protect all persons in the United States in their civil rights, and furnish the means of their vindication,” passed April 9, 1866.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no citizen of the United States shall, by reason of race, color, or previous condition of servitude, be excepted or excluded from the full enjoyment of any accommodation, advantage, facility, or privilege furnished by innkeepers; by common carriers, whether on land or water; by licensed owners, managers, or lessees of theatres or other places of public amusement; by trustees, commissioners, superintendents, teachers, or other officers of common schools and public institutions of learning, the same being supported by moneys derived from general taxation or authorized by law; also of cemetery associations and benevolent associations supported or authorized in the same way: Provided, That private schools, cemeteries, and institutions of learning, established exclusively for white or colored persons, and maintained respectively by voluntary contributions, shall remain according to the terms of their original establishment.
Sec. 2. That any person violating any of the provisions of the foregoing section, or aiding in their violation, or inciting thereto, shall, for every such offence, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action on the case, with full costs, and shall also, for every such offence, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor more than one year: Provided, That the party aggrieved shall not recover more than one penalty; and when the offence is a refusal of burial, the penalty may be recovered by the heirs-at-law of the person whose body has been refused burial.
Sec. 3. That the same jurisdiction and powers are hereby conferred, and the same duties enjoined upon the courts and officers of the United States in the execution of this Act, as are conferred and enjoined upon such courts and officers in sections three, four, five, seven, and ten of an Act entitled “An Act to protect all persons in the United States in their civil rights, and furnish the means of their vindication,” passed April 9, 1866, and these sections are hereby made a part of this Act; and any of the aforesaid officers, failing to institute and prosecute such proceedings herein required, shall, for every such offence, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action on the case, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand dollars nor more than five thousand dollars.