Mr. Sumner replied:—
Mr. President,—This bill has been before a committee. What the committee did in the way of consideration I know not; I had not the honor of being a member of it. But afterward, as all know, this bill was completely, most thoroughly, considered and canvassed in this Chamber. Never in the history of our legislation was any bill more considered; never has any bill been more minutely matured. Why, then, refer it to a committee? I do not say that Senators propose delay, but it is obvious that such a reference will cause delay.
Now, Sir, I am against delay in the enactment of this measure. It should pass promptly. It is a great act of justice, to which, as I understand, the political parties of the country, in solemn convention, are pledged. Why, then, wait? Why charge a committee with this burden? Why continue on the country the burden of the injustice which this bill proposes to relieve?
We are reminded of a recent decision of the Supreme Court. I have yet to learn how that decision has any practical bearing on the present bill. I do not believe that it touches it. Why, then, interpose this delay? Why not go forward promptly, swiftly, according to the merits of this measure, and give it, like a benediction, to the land? Here are our colored fellow-citizens, many millions strong, all of whom have votes, and all unite in asking it. Your table has literally groaned under petitions presented from month to month, from year to year; and unless the bill is speedily passed, I predict that your table will groan again with similar petitions, and justly,—for our colored fellow-citizens ought to exercise that great right of petition in favor of this measure until it is finally adopted.
I am sorry that the suggestion has been made. I had hoped that there would be nothing but welcome and consideration for a measure so truly beneficent, and which is absolutely needed to crown and complete the great work of Reconstruction.
Mr. Ferry reiterating his objections, with the remark that this bill had “in its principle been considered by the Supreme Court of the United States,” and its constitutionality “substantially decided against,” and to Mr. Sumner’s inquiry, “When, and on what occasion?” responding,—
“In the New Orleans Slaughter-house cases; and I have read in the newspapers of the country during the recent vacation what purported to be the opinion of the Supreme Court; and if the paper which I read was the opinion of the Supreme Court, that court, by a majority, holds in principle that the bill which the Senator has presented is a violation of the Constitution of the United States,”—
Mr. Sumner rejoined:—
Mr. President,—I would not fail in any courtesy to any Senator, especially in any courtesy to the Senator from Vermont, for whom I have all kindness and honor, but I think Senators will agree that nothing passed yesterday between us by which I am in any way constrained, so that I may not ask the Senate to proceed at once with this bill. If I could see the question as my friend from Connecticut sees it, he may be assured that I should not press the bill. I do not see it so; but I do see that this bill is now on our table numbered One: it is the first bill of the Calendar. I see also that at this time the Senate has no business before it; and should I not fail in duty, if I did not ask the Senate to proceed during this unoccupied time with a bill which I regard as so important, and which is actually the first in order, being foremost among all bills?
But my friend from Connecticut reminds me of a recent decision of the Supreme Court. For that Court I have great respect. Personal and professional familiarity with the Court, and study of its judgments running now for much more than a generation, incline me always to deference when its decisions are mentioned; but if I understood my friend, he relies upon a newspaper report. Sir, I have read the judgment of that Court, communicated to me by one of its members in an official copy; and I have no hesitation in saying that the Senator is entirely mistaken, if he supposes that by a hair’s breadth it interferes with the constitutionality of the bill which I now move.