CONGRESS, UNITED STATES. 



151 



who had struck at the Republic, while he said 

 nothing of cruel disabilities inflicted upon 

 millions of colored fellow-citizens, who had 

 been a main-stay to the national cause. But 

 I took courage when I thought that the gen- 

 erosity proposed could not fail to quicken that 

 sentiment of justice which I now invoke. 



"Believing that duty to these millions is 

 foremost, and that until they are assured in 

 equal rights we cannot expect the tranquillity 

 which all desire, nay, sir, we cannot expect 

 the blessings of Almighty God upon our labors, 

 I bring forward this measure of justice to the 

 colored race. Such a measure can never be 

 out of order or out of season, being of urgent 

 necessity and unquestionable charity. 



" There are strong reasons why it should be 

 united with amnesty, especially since the latter 

 is pressed. Each is the removal of disabili- 

 ties, and each is to operate largely in the same 

 region of country. Nobody sincerely favoring 

 generosity to rebels should hesitate in justice 

 to the colored race. According to the maxim 

 in chancery, ' Whoso would have equity must 

 do equity.' Therefore, rebels seeking amnesty 

 must be just to colored fellow-citizens seeking 

 equal rights. Doing this equity they may ex- 

 pect equity. 



" Another reason is controlling. Each is a 

 measure of reconciliation, intended to close 

 the issues of the war ; but these issues are not 

 closed unless each is adopted. This adoption 

 together is better for each, and, therefore, bet- 

 ter for the country than any separate adoption. 

 Kindred in object, they should be joined to- 

 gether and never put asunder. It is wrong to 

 separate them. Hereafter the rebels should 

 remember that their restoration was associated 

 with the Equal Rights of all, being contained 

 in the same great statute. 



" Clearly between the two the preeminence 

 must be accorded to that for the Equal Rights 

 of all, as, among the virtues, justice is above 

 generosity. And this is the more evident 

 when it is considered that, according to 

 Abraham Lincoln, the great issue of the war 

 was Human Equality." 



Mr. Frelinghuysen, of New Jersey, said : 

 " I desire to submit, in the hearing of the Sen- 

 ator from Massachusetts, a few suggestions, in 

 reference to the amendment which he has 

 offered to the pending bill. The first section 

 of his amendment, in its last clause, contains 

 the directory part of the law, and provides 

 that this right shall not be denied or abridged 

 on any pretence of race, color, or previous 

 condition of servitude.' This is all well, but 

 the previous part of the section, the declara- 

 tory part, states a proposition which cannot 

 commend itself to the judgment of any Sen- 

 ator, and which none can desire to enact, 

 ihe section reads : " 



. That all citizens of the United States, without dis- 

 tinction of race, color, or previous condition of servi- 

 tude, are entitled to the ecjual and impartial enjoy- 

 ment or any accommodation, advantage, facility or 



privilege, furnished by common carriers, whether on 

 land or water, by inn-keepers, etc. 



"In other words, it declares that all citizens, 

 white or black, are entitled to the equal and 

 impartial enjoyment of these privileges of 

 common carriers, inns, schools, churches, etc. 

 Mr. President, this is not true, and neither 

 we nor the Senator from Massachusetts desire 

 to make it true. No one desires that all, 

 white or black, shall be entitled to the equal 

 accommodation furnished by common carriers, 

 inns, schools, etc. No one seriously proposes 

 that we should render it illegal for a railroad 

 company to provide a class of cars for ladies 

 and gentlemen, or for an inn-keeper to exclude 

 persons having contagious disease, or who are 

 intoxicated, or indecently clad. We do not 

 desire the passage of a law that shall make it 

 obligatory upon the trustees of cemeteries, es- 

 tablished especially for asylums or hospitals, 

 to admit to burial every one for whom a license 

 may be sought. Such is not the object of this 

 law or the purpose of the Senator from Mas- 

 sachusetts ; and yet that is the effect of the 

 provision, that all citizens are entitled to these 

 privileges. 



"I suggest that we strike out the words r 

 'that all citizens of the United States, without 

 distinction of race, color, or previous condition 

 of servitude, are entitled,' etc., and substitute 

 the words, 'that race, color, or previous con- 

 dition of servitude, shall not debar or deprive 

 any citizen of the United States of the equal 

 and impartial enjoyment of any accommoda- 

 tion, advantage, facility, or privilege furnished 

 by common carriers,' etc. That will not have 

 the effect of asserting the unreasonable propo- 

 sition that all citizens have the equal right to 

 enjoy the facilities of cars, inns, schools, 

 churches, etc., whether intoxicated or af- 

 flicted by contagious disease, whether inde- 

 cently clad, or whether violating the customs 

 and proprieties appertaining to the sexes ; but 

 it will have the effect of enacting that there 

 shall be no discrimination on account of color, 

 and that is all that the Senator seeks to ob- 

 tain. 



" The amendment as it stands declares that 

 all citizens, white or black, are entitled to 

 equal accommodations and facilities in all 

 these institutions named. No one thinks that 

 true, or desires that it shall be. What we 

 seek is, that race, color, or previous condition 

 of servitude, shall not deprive or debar any 

 person from these privileges a very different 

 proposition. Let us say so. That will pro- 

 duce the equality which the Senator seeks. 



_" The second section of the amendment con- 

 tains the sanction of the law, and imposes 

 penalties for any violation of the law as stated 

 in the first section; that is, if any common 

 carrier, inn-keeper, etc., refuses the full use 

 of cars, inns, schools, churches, etc., to any 

 citizen whatever, he shall be subjected to the 

 penalties stated. The Senator does not seek 

 any such unreasonable end. The amendment 



