The reconstructionists were not able in 1867-68 to carry through Congress any provision for the social equality of the races, but in the reconstructed States the equal rights issue was alive throughout the period. Legislation giving to the negro equal rights in hotels, places of amusements, and common carriers, was first enacted in Louisiana and South Carolina. Frequently the carpetbaggers brought up the issue in order to rid the radical ranks of the scalawags who were opposed to equal rights. In Florida, for example, the carpetbaggers framed a comprehensive Equal Rights Law, passed it, and presented it to Governor Reed, who was known to be opposed to such legislation. He vetoed the measure and thus lost the negro support. Intermarriage with whites was made legal in Louisiana and South Carolina and by court decision was permitted in Alabama and Mississippi, but the Georgia Supreme Court held it to be illegal. Mixed marriages were few, but these were made occasions of exultation over the whites and of consequent ill feeling. Charles Sumner was a persistent agitator for equal rights. In 1871 he declared in a letter to a South Carolina negro convention that the race must insist not only upon equality in hotels and on public carriers but also in the schools. "It is not enough," he said, "to provide separate accommodations for colored citizens even if in all respects as good as those of other persons.... The discrimination is an insult and a hindrance, and a bar, which not only destroys comfort and prevents equality, but weakens all other rights. The right to vote will have new security when your equal right in public conveyances, hotels, and common schools, is at last established; but here you must insist for yourselves by speech, petition, and by vote." The Southern whites began to develop the "Jim Crow" theory of "separate but equal" accommodations. Senator Hill of Georgia, for example, thought that hotels might have separate divisions for the two races, and he cited the division in the churches as proof that the negro wanted separation. About 1874, it was plain that the last radical Congress was nearly ready to enact social equality legislation. This fact turned many of the Southern Unionist class back to the Democratic party, there to remain for a long time. In 1875, as a sort of memorial to Sumner, Congress passed the Civil Rights Act, which gave to negroes equal rights in hotels, places of amusement, on public carriers, and on juries. Some Democratic leaders were willing to see such legislation enacted, because in the first place, it would have little effect except in the Border and Northern States, where it would turn thousands into the Democratic fold, and in the second place, because they were sure that in time the Supreme Court would declare the law unconstitutional. And so it happened.