Charles Sumner: his complete works, volume 15 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 15 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
I am accustomed to that class of questions on this floor. When, some
two or three years ago, I felt it my duty to move, on one bill after
another, that there should be no exclusion from the street cars on
account of color, I was encountered by learned lawyers, and by none
more constantly than my friend opposite, the Senator from Maryland [Mr.
JOHNSON], with precisely the suggestion which my friend from New York
now makes: that in point of law it was unnecessary; that under the
actual law, which was none other than the Common Law, there could be
no exclusion on account of color: and yet, in the face of that Common
Law, Senators all know that there was an exclusion from the cars on
account of color, and the grossest outrages committed. Colored persons
were precipitated into the streets, into the mud, under a pelting rain,
and they could obtain no redress; and when I asked for redress, grave
Senators said, “Let them apply to the courts”; and it was suggested
that perhaps I had better volunteer as counsel in court rather than
appear in this Chamber. Now the question of my friend from New York
is precisely in the same spirit. I cannot doubt, that, under the
existing Reconstruction law, there can be no exclusion on account of
color,--that nobody is for that reason disqualified from the exercise
of any function. What is there to prevent a colored person from being
a Senator of the United States? and who can doubt that within a very
few months it will be our business to welcome a colored Senator on this
floor? I cannot doubt it.
MR. JOHNSON [of Maryland]. How many?
MR. SUMNER. That I do not know. But I ask you who look to the colored
vote in these States as the means of security and peace, through
which you are to find protection for this Republic, and for white
fellow-citizens there as well as for the colored themselves, to see
that this stigma is not put upon them by any commanding general
pretending to act by virtue of our legislation. It is not enough
to tell me, that, under the actual law, colored persons may be
designated. To that I reply, in the State of Virginia they have not
been designated; and I wish now that Congress should declare that any
exclusion on account of color is without the sanction of law.
And that brings me to the inquiry of my friend from Illinois, as to the
penalty, I think, or as to the extent of the remedy.
MR. TRUMBULL. The question was, whether your proviso afforded
any remedy.
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