December 21st, Mr. Thurman, of Ohio, objected to the amendment of Mr. Sumner, on the ground suggested by Mr. Alcorn,—raising the point of order, that, “being a measure which, if it stood by itself, could be passed by a majority vote of the Senate, it cannot be offered as an amendment to a bill that requires two-thirds of the Senate.” The objection being overruled, and Mr. Thurman appealing from the decision of the Chair, a debate ensued on the question of order,—Mr. Thurman, Mr. Bayard of Delaware, Mr. Trumbull of Illinois, Mr. Davis of Kentucky, and Mr. Sawyer of South Carolina sustaining the objection, and Mr. Conkling of New York, Mr. Carpenter of Wisconsin, Mr. Edmunds of Vermont, and Mr. Sumner opposing it. In the course of his speech Mr. Sumner remarked:—
Does not the Act before us in its body propose a measure of reconciliation? Clemency and amnesty it proposes; and these, in my judgment, constitute a measure of reconciliation. And now I add justice to the colored race. Is not that germane? Do not the two go together? Are they not naturally associated? Sir, can they be separated?
Instead of raising a question of order, I think the friends of amnesty would be much better employed if they devoted their strength to secure the passage of my amendment. Who that is truly in favor of amnesty will vote against this measure of reconciliation?
Sir, most anxiously do I seek reconciliation; but I know too much of history, too much of my own country, and I remember too well the fires over which we have walked in these latter days, not to know that reconciliation is impossible except on the recognition of Equal Rights. Vain is the effort of the Senator from Mississippi [Mr. Alcorn]; he cannot succeed; he must fail, and he ought to fail. It is not enough to be generous; he must learn to be just. It is not enough to stand by those who have fought against us; he must also stand by those who for generations have borne the ban of wrong. I listened with sadness to the Senator; he spoke earnestly and sincerely,—but, to my mind, it is much to be regretted, that, coming into this Chamber the representative of colored men, he should turn against them. I know that he will say, “Pass the Amnesty Bill first, and then take care of the other.” I say, Better pass the two together; or if either is lost, let it be the first. Justice in this world is foremost.
The Senator thinks that the cause of the colored race is hazarded because my amendment is moved on the Act for Amnesty. In my judgment, it is advanced. He says that the Act of Amnesty can pass only by a two-thirds vote. Well, Sir, I insist that every one of that two-thirds should record his name for my measure of reconciliation. If he does not, he is inconsistent with himself. How, Sir, will an Act of Amnesty be received when accompanied with denial of justice to the colored race? With what countenance can it be presented to this country? How will it look to the civilized world? Sad page! The Recording Angel will have tears, but not enough to blot it out.
The decision of the Chair was sustained by the vote of the Senate,—Yeas 28, Nays 26,—and the amendment was declared in order. On the question of its adoption it was lost,—Yeas 29, Nays 30.
Later in the day, the Amnesty Bill having been reported to the Senate, Mr. Sumner renewed his amendment. In the debate that ensued he declared his desire to vote for amnesty; but he insisted that this measure did not deserve success, unless with it was justice to the colored race. In reply to Mr. Thurman, he urged that all regulations of public institutions should be in conformity with the Declaration of Independence. “The Senator may smile, but I commend that to his thoughts during our vacation. Let him consider the binding character of the Declaration in its fundamental principles. The Senator does not believe it. There are others who do, and my bill is simply a practical application of it.”
Without taking any vote the Senate adjourned for the holiday recess, leaving the Amnesty Bill and the pending amendment as unfinished business.