Mr. Hill. That may be, Sir. I would not be surprised, if they had some distrust. [Laughter.]
Mr. Sumner. And now, Mr. President, that we may understand precisely where we are, that the Senate need not be confused by the question of taste or the question of society presented by the Senator from Georgia, I desire to have my amendment read.
The Supplementary Civil Rights Bill was then read at length, as follows:—
Sec.—That all citizens of the United States, without distinction of race, color, or previous condition of servitude, are entitled to the equal and impartial enjoyment of any accommodation, advantage, facility, or privilege furnished by common carriers, whether on land or water; by innkeepers; 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 other public institutions of learning, the same being supported or authorized by law; by trustees or officers of church organizations, cemetery associations, and benevolent institutions incorporated by National or State authority: and this right shall not be denied or abridged on any pretence of race, color, or previous condition of servitude.
Sec.—That any person violating the foregoing provision, or aiding in its violation, or inciting thereto, shall for every such offence forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered in an action on the case, with full costs and such allowance for counsel fees as the court shall deem just, and shall also for every such offence be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $500 nor more than $1,000, and shall be imprisoned not less than thirty days nor more than one year; and any corporation, association, or individual holding a charter or license under National or State authority, violating the aforesaid provision, shall, upon conviction thereof, forfeit such charter or license; and any person assuming to use or continuing to act under such charter or license thus forfeited, or aiding in the same, or inciting thereto, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be fined not less than $1,000 nor more than $5,000, and shall be imprisoned not less than three nor more than seven years; and both the corporate and joint property of such corporation or association, and the private property of the several individuals composing the same, shall be held liable for the forfeitures, fines, and penalties incurred by any violation of the —— section of this Act.
Sec.—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 $500 to the person aggrieved thereby, to be recovered by an action on the case, with full costs and such allowance for counsel fees as the court shall deem just, and shall on conviction thereof be deemed guilty of a misdemeanor, and be fined not less than $1,000 nor more than $5,000.
Sec.—That no person shall be disqualified for service as juror in any court, National or State, by reason of race, color, or previous condition of servitude: Provided, That such person possesses all other qualifications which are by law prescribed; and any officer or other persons charged with any duty in the selection or summoning of jurors, who shall exclude or fail to summon any person for the reason above named, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than $1,000 nor more than $5,000.
Sec.—That every law, statute, ordinance, regulation, or custom, whether National or State, inconsistent with this Act, or making any discriminations against any person on account of color, by the use of the word “white,” is hereby repealed and annulled.
Sec.—That it shall be the duty of the judges of the several courts upon which jurisdiction is hereby conferred to give this Act in charge to the grand jury of their respective courts at the commencement of each term thereof.
Objection was at once raised to the admission of any amendment whatever, as imperilling the pending bill,—Mr. Alcorn, of Mississippi, while pressing this, objected further, urging the hazard to the measure embraced in the proposed amendment from attachment to a bill requiring for its passage a two-thirds’ vote instead of the usual simple majority.