CONGRi>>, I SITED STATES. 



>o qur.stiiin is over presented in tho South, 

 Shall tliis .-mmtry be ruled by white men or 

 il.'.l !i\ rolored men?' the colored man isnot 

 iblo to stand any sacb antagonism as that ; 

 10 will iiiTossarily, sir, go down. I ask, What 

 has ever been able to stand before tlio 

 -inn / Look nt tho history of the world, 

 is tho Indian? Why, sir, less than two 

 . ntnriesago on this spot the Indian reared his 

 rigwam and stood npon these hills and looked 

 ipon the broad, beautiful Potomac, or his eye 

 over the hunting-grounds of tho West ; 

 id IK- h:ul the title to this magnificent country. 

 I'IHTO is ho now ? He has gone back, step by 

 ep, before the advancing march of tho white 

 i:in. No race, sir, in the world has been able 

 stand before tho pure Caucasian. An an- 

 ;onism of races will not bo good for the col- 

 red man." 



Meantime the subject was taken up in tho 

 Senate, and the bill presented on the first day 

 A' the session by Mr. Sumner, of Massachusetts, 

 was considered and referred to the Committee 

 on the Judiciary. 



On April 80th the Committee on the Judi- 

 ciary reported the bill with on amendment, 

 which was to strike out all after the enacting 

 clause, and in lieu thereof to insert the follow- 

 ing: 



That all persons within the jurisdiction of the 

 United States shall be entitled to the full and equal 

 enjoyment of the accommodations, advantages, fa- 

 cilities, and privileges of inns, public conveyances 

 on lana or water, theatres, and other places ofpublie 

 amusement; ana also of common schools and public 

 institutions of learning or benevolence supported, in 

 whole or in part, by general taxation; and of ceme- 

 teries so supported : subject only to the conditions 

 and limitations established by law, and applicable 

 alike to citizens 6f every race and color, regardless 

 of any previous condition of servitude. 



SECTION 2. That any person who shall violate tho 

 foregoing section by denying to any citizen, except 

 for reasons by law applicable to citizens of every 

 race and color, and regardless of any previous condi- 

 tion of servitude, the full enjoyment of any of tho 

 accommodations, advantages, facilities, or privileges 

 in said section enumerated, or by aiding or inciting 

 such denial, shall, for every such offense, 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 shall also, for every such offense, be 

 deemed guilty of a misdemeanor, and, upon convic- 

 tion thereof, shall be fined not less than $500 nor 

 more than $1,000, 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 offense is a refusal of 

 burial, the penalty may be recovered by the heirs at 

 law ot the person whose body has been refused bur- 

 ial: And provided further, That all persons may 

 elect to sue for the penalty aforesaid or to proceed 

 under their rights at common law and by State stat- 

 utes ; and having so elected to proceed in the one 

 mode or the other, their right to proceed in tho 

 other jurisdiction shall be barred. But this proviso 

 shall not apply to criminal proceedings, cither under 

 this act or the criminal law of any State. 



SBC. 3. That the district and circuit courts of the 

 United States shall have, exclusively of the courts 

 of the several States, cognizance of all crimes and 

 offenses against, and violations of, the provisions of 

 this act ; and actions for the penalty given by the 



preceding section mny bo proMOuted in the Urri- 



triul, district, or circuit oourU of the United Suit* 

 wherever tho defendant, muy be found, withuut rt- 

 Ifurd to the other purty. And the district attorneys, 

 marshal* and deputy-marshals of tho United States, 

 and commissioners appointed by tho circuit and ter- 

 ritorial courtt of the United State*, with power* of 

 arresting and imprisoning or bailing oltVuden again*! 

 tin- luwi of tho United States, aru hereby specially 

 authorized and required to institute proceeding!* 

 against every person who shall violate the provision* 

 or this act, and cause him to be arrested and impris- 

 oned or bailed, as the case may be, for trial before 

 such court of the United States or territorial court 

 as by law has cognizance of the offense, except in re- 

 spect of the right of action accruing to the person 

 aggrieved ; and such district attorneys shall cause 

 such proceedings to be prosecuted to their termination 

 us in other cases : Provided, That nothing contained 

 in this section shall be construed to deny or defeat 

 liny ri^ht of civil action accruing to any person, 

 whether by reason of this act or otherwise. And 

 any district attorney who shall willfully fail to insti- 

 tute and prosecute the proceedings herein required 

 shall, for every such offense, forfeit and pay the sum 

 of $5,000 to tho person aggrieved thereby, to be re- 

 covered by an action on the case, with full costs, and 

 shall, on conviction thereof, bo deemed guilty of a 

 misdemeanor, and be fined not less than $1,000 nor 

 more than $5,000. 



SBC. 4. That no citizen possessing all other quali- 

 fications which are or may be prescribed by law shall 

 be disqualified for service as grand or petit juror in 

 any court of the United States, or of any State, on 

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

 tude ; and any officer or other person charged with 

 any duty in the selection or summoning of jurors 

 who shall exclude or fail to summon any citizen for 

 the cause aforesaid shall, on conviction thereof, be 

 deemed guilty of a misdemeanor, and be fined not 

 more than $5,000. 



SEC. 5. That all cases arising under the provisions 

 of this act in the courts of the United States shall be 

 reviewable by the Supreme Court of the United 

 States without regard to the sum in controversy, 

 under the same provisions and regulations as are 

 now provided by faw for tho review of other causes 

 in said court. 



The amendment was agreed to. 



The bill was reported to the Senate as 

 amended. 



The president pro tempore : " Will the Sen- 

 ate concur in the amendment made as in Com- 

 mittee of the Whole?" 



Mr. Frelinghuysen, of New Jersey, said : 

 " Mr. President, the Committee on tho Judiciary 

 have devolved on me, on whom it should not 

 have been imposed, the duty of presenting and 

 explaining this bill, which I shall do in the 

 most concise manner, even pruning from my 

 remarks such comment as a measure having 

 for its object the civil rights of all might nat- 

 urally inspire in the councils of a free people. 



" I invoke for the bill a calm, impartial, and 

 unpartisan consideration, and ask its adoption 

 only as it commends itself as consistent with 

 the permanent interests of the nation, with the 

 Constitution, and with justice to all classes of 

 citizens. Would that the author * of the meas- 

 ure was here to present and defend it t To our 

 views it would have been becoming that he 

 who was in the forum the foremost leader of 

 the grandest victory of the nineteenth century 



* Mr. Bumner, deceased. 



