“The work which goes most to my blood, and of which Edelinck himself was justly proud, is the portrait of Champagne. I shall die before I cease often to contemplate it with ever new wonder. Here is seen how he was equally great as designer and engraver.”[164]
And he then dwells on various details,—the bones, the skin, the flesh, the eyes living and seeing, the moistened lips, the chin covered with a beard unshaven for many days, and the hair in all its forms.
Between the rival portraits by Nanteuil and Edelinck it is unnecessary to decide. Each is beautiful. In looking at them we recognize anew the transient honors of public service. The present fame of Champagne surpasses that of Pomponne. The artist outlives the magistrate. But does not the poet tell us that “the artist never dies”?
As Edelinck passed from the scene the family of Drevet appeared, especially the son, Pierre Imbert Drevet, born in 1697, who developed a rare excellence, improving even upon the technics of his predecessor, and gilding his refined gold. The son was born engraver, for at the age of thirteen he produced an engraving of exceeding merit. Like Masson he manifested a singular skill in rendering different substances by the effect of light, and at the same time gave to flesh a softness and transparency which remain unsurpassed. To these he added great richness in picturing costumes and drapery, especially in lace.
He was eminently a portrait engraver, which I must insist is the highest form of the art, as the human face is the most important object for its exercise. Less clear and simple than Nanteuil, and less severe than Edelinck, he gave to the face individuality of character, and made his works conspicuous in Art. If there was excess in the accessories, it was before the age of Sartor Resartus, and he only followed the prevailing style in the popular paintings of Hyacinthe Rigaud. Art in all its forms had become florid, if not meretricious; and Drevet was a representative of his age.
Among his works are important masterpieces. I name only Bossuet, the famed Eagle of Meaux; Samuel Bernard, the rich Councillor of State; Fénelon, the persuasive teacher and writer; Cardinal Dubois, the unprincipled minister and favorite of the Regent of France; and Adrienne Le Couvreur, the beautiful and unfortunate actress, linked in love with Marshal Saxe. The portrait of Bossuet has everything to attract and charm. There stands the powerful defender of the Catholic Church, master of French style, and most renowned pulpit orator of France, in episcopal robes, with abundant lace, which is the perpetual envy of the fair who look at this transcendent effort. The ermine of Dubois is exquisite; but the general effect of this portrait does not compare with the Bossuet, next to which, in fascination, I put the Adrienne. At her death the actress could not be buried in consecrated ground; but through Art she has the perpetual companionship of the greatest bishop of France.
With the younger Drevet closed the classical period of portraits in engraving, as just before had closed the Augustan age of French literature. Louis the Fourteenth decreed engraving a Fine Art, and established an Academy for its cultivation. Pride and ostentation in the king and the great aristocracy created a demand, which the genius of the age supplied. The heights that had been reached could not be maintained. There were eminent engravers still, but the zenith had been passed. Balechou, who belonged to the reign of Louis the Fifteenth, and Beauvarlet, whose life was protracted beyond the Reign of Terror, both produced portraits of merit. The former is noted for a certain clearness and brilliancy, but with a hardness as of brass or marble, and without entire accuracy of design; the latter has much softness of manner. They were the best artists of France at the time, but none of their portraits are famous. To these may be added another contemporary artist, without predecessor or successor, Étienne Ficquet, unduly disparaged in one of the dictionaries as “a reputable French engraver,” but undoubtedly remarkable for small portraits, not unlike miniatures, of exquisite finish. Among these the rarest and most admired are La Fontaine, Madame de Maintenon, Rubens, and Van Dyck.
Two other engravers belong to this intermediate period, although not French in origin,—Georg Friedrich Schmidt, born at Berlin, 1712, and Johann Georg Wille, born near the small town of Königsberg, in the Grand Duchy of Hesse-Darmstadt, 1717, but, attracted to Paris, they became the greatest engravers of the time. Their work is French, and they are the natural development of that classical school.
Schmidt was the son of a poor weaver, and lost six precious years as a soldier in the artillery at Berlin. Owing to the smallness of his size he was at length dismissed, when he surrendered to a natural talent for engraving. Arriving at Strasburg, on his way to Paris, he fell in with Wille, who joined him in his journey, and eventually in his studies. The productions of Schmidt show ability, originality, and variety, rather than taste. His numerous portraits are excellent, being free and life-like, while the accessories of embroidery and drapery are rendered with effect. As an etcher he ranks next after Rembrandt. Of his portraits executed with the graver, that of the Empress Elizabeth of Russia is usually called the most important, perhaps on account of the imperial theme,—and next, those of Count Rasoumowsky, Count Esterhazy, and Mounsey, Court Physician, which he engraved while in St. Petersburg, whither he was called by the Empress, founding there the Academy of Engraving. But his real masterpieces are unquestionably Pierre Mignard and La Tour, French painters, the latter represented laughing.
Wille lived to old age, not dying till 1808. During this long life he was active in the art to which he inclined naturally. His mastery of the graver was perfect, lending itself especially to the representation of satin and metal, although less happy with flesh. His Satin Gown, or L’Instruction Paternelle, after Terburg, and Les Musiciens Ambulants, after Dietrich, are always admired. Nothing of the kind in engraving is finer. His style was adapted to pictures of the Dutch school, and to portraits with rich surroundings. Of the latter the principal are Comte de Saint-Florentin, Marquis Poisson de Marigny, Jean de Boullongne, and Cardinal de Tencin.
Especially eminent was Wille as a teacher. Under his influence the art assumed new life, so that he became father of the modern school. His scholars spread everywhere, and among them are acknowledged masters. He was teacher of Bervic, whose portrait of Louis the Sixteenth in his coronation robes is of a high order, himself teacher of the Italian Toschi, who, after an eminent career, died as late as 1858; also teacher of P. A. Tardieu, himself teacher of the brilliant Desnoyers, whose portrait of the Emperor Napoleon in his coronation robes is the fit complement to that of Louis the Sixteenth; also teacher of the German, J. G. von Müller, himself father and teacher of J. F. W. von Müller, engraver of the Sistine Madonna, in a plate whose great fame is not above its merit; also teacher of the Italian Vangelisti, himself teacher of the unsurpassed Longhi, in whose school were Anderloni and Jesi. Thus not only by his works, but by his famous scholars, did the humble gunsmith gain sway in Art.
Among portraits of this school deserving especial mention is that of King Jerome of Westphalia, brother of Napoleon, by the two Müllers above named, where the genius of the artists is most conspicuous, although the subject contributes little. As in the case of the Palace of the Sun, described by Ovid, “materiam superabat opus.”[165] This work is a beautiful example of skill in representation of fur and lace, not yielding even to Drevet.
Longhi was a universal master, and his portraits are only part of his work. That of Washington, which is rare, is evidently founded on Stuart’s painting, but after a design of his own, which is now in the possession of the Swiss Consul at Venice. The artist particularizes the hair, as being modelled after the French master Masson.[166] The portraits of Michel Angelo and Dandolo, the venerable Doge of Venice, are admired; so also is the Napoleon as King of Italy, with the iron crown and finest lace. But his chief portrait is that of Eugène Beauharnais, Viceroy of Italy, full length, remarkable for the plume in the cap, which is finished with surpassing skill.
Contemporary with Longhi was another Italian engraver of widely extended fame, who was not the product of the French school,—Raffaello Morghen, born at Portici in 1761. His works have enjoyed a popularity beyond those of other masters, partly from the interest of their subjects, and partly from their soft and captivating style, although they do not possess the graceful power of Nanteuil and Edelinck, and are without variety. He was scholar and son-in-law of Volpato, of Rome, himself scholar of Wagner, of Venice, whose homely round faces were not high models in Art. The Aurora of Guido and the Last Supper of Leonardo da Vinci stand high in engraving, especially the latter, which occupied Morghen three years. Of his two hundred and fifty-four works no less than eighty-five are portraits, among which are the Italian poets,—Dante, Petrarc, Ariosto, Tasso, also Boccaccio,—and a head called Raphael, but supposed to be that of Bindo Altoviti, the great painter’s friend,[167] and especially the Duke of Moncada on horseback, after Van Dyck, which has received warm praise. But none of his portraits is calculated to give greater pleasure than that of Leonardo da Vinci, which may vie in beauty even with the famous Pomponne. Here is the beauty of years and of serene intelligence. Looking at that tranquil countenance, it is easy to imagine the large and various capacities which made him not only painter, but sculptor, architect, musician, poet, discoverer, philosopher, even predecessor of Galileo and Bacon. Such a character deserves the immortality of Art. Happily, an old Venetian engraving, reproduced in our day,[168] enables us to see this same countenance at an earlier period of life with sparkle in the eye.
Raffaello Morghen left no scholars who have followed him in portraits; but his own works are still regarded, and a monument in Santa Croce, the Westminster Abbey of Florence, places him among the mighty dead of Italy.
Thus far nothing has been said of English engravers. Here, as in Art generally, England seems removed from the rest of the world,—“Et penitus toto divisos orbe Britannos.”[169] But though beyond the sphere of Continental Art, the island of Shakespeare was not inhospitable to some of its representatives. Van Dyck, Rubens, Sir Peter Lely, and Sir Godfrey Kneller, all Dutch artists, painted the portraits of Englishmen, and engraving was first illustrated by foreigners. Jacob Houbraken, another Dutch artist, born in 1698, was employed to execute portraits for Birch’s “Heads of Illustrious Persons of Great Britain,” published at London in 1743; and in these works may be seen the æsthetic taste inherited from his father, (the biographer of the Dutch artists,[170]) and improved by study of the French masters. Although without great force or originality of manner, many of these have positive beauty. I would name especially the Sir Walter Raleigh and John Dryden.
Different in style was Bartolozzi, the Italian, who made his home in England for forty years, ending in 1805, when he removed to Lisbon. The considerable genius which he possessed was spoiled by haste in execution, superseding that care which is an essential condition of Art. Hence sameness in his work, and indifference to the picture he copied. Longhi speaks of him as “most unfaithful to his archetypes,” and, “whatever the originals, being always Bartolozzi.”[171] Among his portraits of especial interest are several old wigs, as Mansfield and Thurlow; also the Death of Chatham, after the picture of Copley in the Vernon Gallery. But his prettiest piece undoubtedly is Mary, Queen of Scots, with her little Son, James the First, after what Mrs. Jameson calls “the lovely picture by Zuccaro at Chiswick.”[172] In the same style are his vignettes, which are of acknowledged beauty.
Meanwhile a Scotchman, honorable in Art, comes upon the scene,—Sir Robert Strange, born in the distant Orkneys in 1721, who abandoned the law for engraving. As a youthful Jacobite he joined the Pretender in 1745, sharing the disaster of Culloden, and owing his safety from pursuers to a young lady dressed in the ample costume of the period, whom he afterwards married in gratitude, and they were both happy. He has a style of his own, rich, soft, and especially charming in the tints of flesh, making him a natural translator of Titian. His most celebrated engravings are doubtless the Venus and the Danaë after the great Venetian colorist; but the Cleopatra, though less famous, is not inferior in merit. His acknowledged masterpiece is the Madonna of St. Jerome, called “The Day,” after the picture by Correggio in the Gallery of Parma; but his portraits after Van Dyck are not less fine, while they are more interesting,—as Charles the First, with a large hat, by the side of his horse, which the Marquis of Hamilton is holding; and that of the same monarch standing in his ermine robes; also the three royal children, with two King Charles spaniels at their feet; also Henrietta Maria, the Queen of Charles. That with the ermine robes is supposed to have been studied by Raffaello Morghen, called sometimes an imitator of Strange.[173] To these I would add the rare autograph portrait of the engraver, being a small head after Greuzé, which is simple and beautiful.
One other name will close this catalogue. It is that of William Sharp, who was born at London in 1746, and died there in 1824. Though last in order, this engraver may claim kindred with the best. His first essays were the embellishment of pewter pots, from which he ascended to the heights of Art, showing a power rarely equalled. Without any instance of peculiar beauty, his works are constant in character and expression, with every possible excellence of execution: face, form, drapery,—all are as in Nature. His splendid qualities appear in the Doctors of the Church, which has taken its place as the first of English engravings. It is after the picture of Guido, once belonging to the Houghton Gallery, which in an evil hour for English taste was allowed to enrich the collection of the Hermitage at St. Petersburg; and I remember well that this engraving by Sharp was one of the few ornaments in the drawing-room of Macaulay when I last saw him, shortly before his lamented death. Next to the Doctors of the Church is his Lear in the Storm, after the picture by West, now in the Boston Athenæum, and his Sortie from Gibraltar, after the picture by Trumbull, also in the Boston Athenæum. Thus, through at least two of his masterpieces whose originals are among us, is our country associated with this great artist.
It is of portraits especially that I write, and here Sharp is truly eminent. All he did was well done; but two are models,—that of Mr. Boulton, a strong, well-developed country gentleman, admirably executed, and of John Hunter, the eminent surgeon, after the painting by Sir Joshua Reynolds, in the London College of Surgeons, unquestionably the foremost portrait in English Art, and the coëqual companion of the great portraits in the past; but here the engraver united his rare gifts with those of the painter.
In closing these sketches I would have it observed that this is no attempt to treat of engraving generally, or of prints in their mass or types. The present subject is simply Portraits, and I stop now just as we arrive at contemporary examples, abroad and at home, with the gentle genius of Mandel beginning to ascend the sky, and our own engravers appearing on the horizon. There is also a new and kindred art, infinite in value, where the Sun himself becomes artist, with works which mark an epoch.
Washington, 11th Dec., 1871.
Note.—When Mr. Sumner began the publication of his Works in 1870, he engaged Mr. George Nichols, of Cambridge, to read the proofs editorially. This Mr. Nichols did, with great care and ability, until about ten days before his death, which occurred on the 6th of July, 1882. His work of supervision ended on p. 334 of this volume.
Speeches in the Senate, on his Supplementary Civil Rights Bill, as an Amendment to the Amnesty Bill, January 15, 17, 31, February 5, and May 21, 1872.
Statius, Thebaïd, tr. Kennett, Lib. XI.
I was fully convinced, that, whatever difference there is between the Negro and European in the conformation of the nose and the color of the skin, there is none in the genuine sympathies and characteristic feelings of our common nature.—Mungo Park, Travels in the Interior Districts of Africa, (London, 1816,) Vol. I. p. 80, Ch. 6.
The word Man is thought to carry somewhat of dignity in its sound; and we commonly make use of this, as the last and the most prevailing argument against a rude insulter, “I am not a beast, a dog, but I am a Man as well as yourself.” Since, then, human nature agrees equally to all persons, and since no one can live a sociable life with another who does not own and respect him as a Man, it follows, as a command of the Law of Nature, that every man esteem and treat another as one who is naturally his equal, or who is a Man as well as he.—Pufendorf, Law of Nature and Nations, tr. Kennett, Book III., Ch. 2, § 1.
Carrying his solicitude still farther, Charlemagne recommended to the bishops and abbots, that, in their schools, “they should take care to make no difference between the sons of serfs and of freemen, so that they might come and sit on the same benches to study grammar, music, and arithmetic.”—Guizot, History of France, tr. Black, (London, 1872,) Vol. I. p. 239.
May 13, 1870, Mr. Sumner asked, and by unanimous consent obtained, leave to bring in a bill “Supplementary to an Act entitled ‘An Act to protect all persons in the United States in their civil rights, and furnish the means of their vindication,’ passed April 9, 1866,” which was read the first and second times by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.
July 7th, only a few days before the close of the session, Mr. Trumbull, Chairman of the Committee on the Judiciary, reported a bundle of bills, including that above mentioned, adversely, and all, on his motion, were postponed indefinitely.
January 20, 1871, Mr. Sumner again introduced the same bill, which was once more referred to the Committee on the Judiciary.
February 15th, Mr. Trumbull, from the Committee, again reported the bill adversely; but, at the suggestion of Mr. Sumner, it was allowed to go on the Calendar. Owing to the pressure of business in the latter days of the session, he was not able to have it considered, and the bill dropped with the session.
At the opening of the next Congress, March 9, 1871, Mr. Sumner again brought forward the same bill, which was read the first and second times, by unanimous consent, and on his motion ordered to lie on the table and be printed. In making this motion he said that the bill had been reported adversely twice by the Committee on the Judiciary; that, therefore, he did not think it advisable to ask its reference again; that nothing more important could be submitted to the Senate, and that it should be acted on before any adjournment of Congress. In reply to an inquiry from Mr. Hamlin, of Maine, Mr. Sumner proceeded to explain the bill, which he insisted was in conformity with the Declaration of Independence, and with the National Constitution, neither of which knows anything of the word “white.” Then, announcing that he should do what he could to press the bill to a vote, he said: “Senators may vote it down. They may take that responsibility; but I shall take mine, God willing.”
At this session a resolution was adopted limiting legislation to certain enumerated subjects, among which the Supplementary Civil Rights bill was not named. March 17th, while the resolution was under discussion, Mr. Sumner warmly protested against it, and insisted that nothing should be done to prevent the consideration of his bill, which he explained at length. In reply to the objection that the session was to be short, and that there was no time, he said: “Make the time, then; extend the session; do not limit it so as to prevent action on a measure of such vast importance.” An amendment moved by Mr. Sumner to add this bill to the enumerated subjects was rejected. The session closed without action upon it.
At the opening of the next session, Mr. Sumner renewed his efforts.
December 7, 1871, in presenting a petition from colored citizens of Albany, he remarked: “It seems to me the Senate cannot do better than proceed at once to the consideration of the supplementary bill now on our Calendar, to carry out the prayer of these petitioners”; and he wished Congress might be inspired to “make a Christmas present to their colored fellow-citizens of the rights secured by that bill.”
December 20th, the Senate having under consideration a bill, which had already passed the House, “for the removal of the legal and political disabilities imposed by the third section of the Fourteenth Article of Amendment to the Constitution of the United States,” Mr. Sumner, insisting upon justice before generosity, moved his Supplementary Civil Rights Bill as an amendment. A colloquy took place between himself and Mr. Hill, of Georgia, in which the latter opposed the amendment.
Mr. Sumner. I should like to bring home to the Senator that nearly one half of the people of Georgia are now excluded from the equal rights which my amendment proposes to secure; and yet I understand that the Senator disregards their condition, sets aside their desires, and proposes to vote down my proposition. The Senator assumes that the former Rebels are the only people of Georgia. Sir, I see the colored race in Georgia. I see that race once enslaved, for a long time deprived of all rights, and now under existing usage and practice despoiled of rights which the Senator himself is in the full enjoyment of.
Mr. Hill. … I never can agree in the proposition that, if there be a hotel for the entertainment of travellers, and two classes stop at it, and there is one dining-room for one class and one for another, served alike in all respects, with the same accommodations, the same attention to the guests, there is anything offensive, or anything that denies the civil rights of one more than the other. Nor do I hold, that, if you have public schools, and you give all the advantages of education to one class as you do to another, but keep them separate and apart, there is any denial of a civil right in that. I also contend, that, even upon the railways of the country, if cars of equal comfort, convenience, and security be provided for different classes of persons, no one has a right to complain, if it be a regulation of the companies to separate them.…
Mr. Sumner. Mr. President, we have a vindication on this floor of inequality as a principle and as a political rule.
Mr. Hill. On which race, I would inquire, does the inequality to which the Senator refers operate?
Mr. Sumner. On both. Why, the Senator would not allow a white man in the same car with a colored man.
Mr. Hill. Not unless he was invited, perhaps. [Laughter.]
Mr. Sumner. The Senator mistakes a substitute for equality. Equality is where all are alike. A substitute can never take the place of equality. It is impossible; it is absurd. I must remind the Senator that it is very unjust,—it is terribly unjust. We have received in this Chamber a colored Senator from Mississippi; but according to the rule of the Senator from Georgia we should have put him apart by himself; he should not have sat with his brother Senators. Do I understand the Senator as favoring such a rule?
Mr. Hill. No, Sir.
Mr. Sumner. The Senator does not.
Mr. Hill. I do not, Sir, for this reason: it is under the institutions of the country that he becomes entitled by law to his seat here; we have no right to deny it to him.
Mr. Sumner. Very well; and I intend, to the best of my ability, to see that under the institutions of the country he is equal everywhere. The Senator says he is equal in this Chamber. I say he should be equal in rights everywhere; and why not, I ask the Senator from Georgia?
Mr. Hill. … I am one of those who have believed, that, when it pleased the Creator of heaven and earth to make different races of men, it was His purpose to keep them distinct and separate. I think so now.…
Mr. Sumner. The Senator admits that in the highest council-chamber there is, and should be, perfect equality before the law; but descend into the hotel, on the railroad, within the common school, and there can be no equality before the law. The Senator does not complain because all are equal in this Chamber. I should like to ask him, if he will allow me, whether, in his judgment, the colored Representatives from Georgia and South Carolina in the other Chamber ought not on railroads and at hotels to have like rights with himself? I ask that precise question.
Mr. Hill. I will answer that question in this manner: I myself am subject in hotels and upon railroads to the regulations provided by the hotel proprietors for their guests, and by the railroad companies for their passengers. I am entitled, and so is the colored man, to all the security and comfort that either presents to the most favored guest or passenger; but I maintain that proximity to a colored man does not increase my comfort or security, nor does proximity to me on his part increase his, and therefore it is not a denial of any right in either case.
Mr. Sumner. May I ask the Senator if he is excluded from any right on account of his color? The Senator says he is sometimes excluded from something at hotels or on railroads. I ask whether any exclusion on account of color bears on him?
Mr. Hill. I answer the Senator. I have been excluded from ladies’ cars on railroads. I do not know on what account precisely; I do not know whether it was on account of my color; but I think it more likely that it was on account of my sex. [Laughter.]
Mr. Sumner. But the Senator, as I understand, insists that it is proper on account of color. That is his conclusion.
Mr. Hill. No; I insist that it is no denial of a right, provided all the comfort and security be furnished to passengers alike.
Mr. Sumner. The Senator does not seem to see that any rule excluding a man on account of color is an indignity, an insult, and a wrong; and he makes himself on this floor the representative of indignity, of insult, and of wrong to the colored race. Why, Sir, his State has a large colored population, and he denies their rights.
Mr. Hill. If the Senator will allow me, I will say to him that it will take him and others, if there should be any others who so believe, a good while to convince the colored people of the State of Georgia, who know me, that I would deprive them of any right to which they are entitled, though it were only technical; but in matters of pure taste I cannot get away from the idea that I do them no injustice, if I separate them on some occasions from the other race.…
Mr. Sumner. The Senator makes a mistake which has been made for a generation in this Chamber, confounding what belongs to society with what belongs to rights. There is no question of society. The Senator may choose his associates as he pleases. They may be white or black, or between the two. That is simply a social question, and nobody would interfere with it. The taste which the Senator announces he will have free liberty to exercise, selecting always his companions; but when it comes to rights, there the Senator must obey the law, and I insist that by the law of the land all persons without distinction of color shall be equal in rights. Show me, therefore, a legal institution, anything created or regulated by law, and I show you what must be opened equally to all without distinction of color. Notoriously, the hotel is a legal institution, originally established by the Common Law, subject to minute provisions and regulations; notoriously, public conveyances are common carriers subject to a law of their own; notoriously, schools are public institutions created and maintained by law; and now I simply insist that in the enjoyment of these institutions there shall be no exclusion on account of color.
…
Mr. Hill. I must confess, Sir, that I cannot see the magnitude of this subject. I object to this great Government descending to the business of regulating the hotels and the common taverns of this country, and the street railroads, stage-coaches, and everything of that sort. It looks to me to be a petty business.…
Mr. Sumner. I would not have my country descend, but ascend. It must rise to the heights of the Declaration of Independence. Then and there did we pledge ourselves to the great truth that all men are equal in rights. And now a Senator from Georgia rises on this floor and denies it. He denies it by a subtilty. While pretending to admit it, he would overthrow it. He would adopt a substitute for equality.
…
Mr. Hill. With the permission of the Senator, I will ask him if this proposition does not involve on the part of this Government an inhibition upon railroad companies of first, second, and third class cars?
Mr. Sumner. Not at all. That is simply a matter of price. My bill is an inhibition upon inequality founded upon color. I had thought that all those inequalities were buried under the tree at Appomattox, but the Senator digs them up and brings them into this Chamber. There never can be an end to this discussion until all men are assured in equal rights.…
Mr. Hill. … I do not know, that, among the guests that the Senator entertains of the colored race, he is visited so often by the humble as I myself am. I think those who call upon him are gentlemen of title and of some distinction; they may be Lieutenant-Governors, members of the two Houses here, members of State Legislatures, &c. My associations have been more with the lower strata of the colored people than with the upper.
Mr. Sumner. Mr. President, there is no personal question between the Senator and myself—
Mr. Hill. None whatever.
Mr. Sumner. He proclaims his relations with the colored race. I say nothing of mine; I leave that to others. But the Senator still insists upon his dogma of inequality. Senators have heard him again and again, how he comes round by a vicious circle to the same point, that an equivalent is equality; and when I mention the case of Governor Dunn travelling from New Orleans to Washington on public business, I understand the Senator to say that on the cars he should enjoy a different treatment from the Governor.
Mr. Hill. No, Sir; I have distinctly disclaimed that. When he pays his money, he is entitled to as much comfort and as much convenience as I am.
Mr. Sumner. Let me ask the Senator whether in this world personal respect is not an element of comfort. If a person is treated with indignity, can he be comfortable?
Mr. Hill. I will answer the Senator, that no one can condemn more strongly than I do any indignity visited upon a person merely because of color.
Mr. Sumner. But when you exclude persons from the comforts of travel simply on account of color, do you not offer them an indignity?
Mr. Hill. I say it is the fault of the railroad companies, if they do not provide comforts for all their passengers, and make them equal where they pay equal fare.
Mr. Sumner. The Senator says it is the fault of the railroad company. I propose to make it impossible for the railroad company to offer an indignity to a colored man more than to the Senator from Georgia.
Mr. Hill. Right there the Senator and I divide upon this question.… I confess to having a little penchant for the white race; and if I were going on a long journey, and desired a companion, I should prefer to select him from my own race.
Mr. Sumner. The Senator comes round again to his taste. It is not according to his taste; and therefore he offers an indignity to the colored man.
Mr. Hill. No, Sir.
Mr. Sumner. It is not according to his taste; that is all. How often shall I say that this is no question of taste,—it is no question of society,—it is a stern, austere, hard question of rights? And that is the way that I present it to the Senate.
…
In old days, when Slavery was arraigned, the constant inquiry of those who represented this wrong was, “Are you willing to associate with colored persons? Will you take these slaves, as equals, into your families?” Sir, was there ever a more illogical inquiry? What has that to do with the question? A claim of rights cannot be encountered by any social point. I may have whom I please as friend, acquaintance, associate, and so may the Senator; but I cannot deny any human being, the humblest, any right of equality. He must be equal with me before the law, or the promises of the Declaration of Independence are not yet fulfilled.
And now, Sir, I pledge myself, so long as strength remains in me, to press this question to a successful end. I will not see the colored race of this Republic treated with indignity on the grounds assigned by the Senator. I am their defender. The Senator may deride me, and may represent me as giving too much time to what he calls a very small question. Sir, no question of human rights is small. Every question by which the equal rights of all are affected is transcendent. It cannot be magnified. But here are the rights of a whole people, not merely the rights of an individual, of two or three or four, but the rights of a race, recognized as citizens, voting, helping to place the Senator here in this Chamber, and he turns upon them and denies them.
Mr. Hill. The Senator is not aware of one fact, … that every colored member of the Legislature of my State, even though some of them had made voluntary pledges to me, voted against my election to this body. I was not sent here receiving a single vote from that class of men in the Legislature.
Mr. Sumner. I am afraid that they understood the Senator. [Laughter.]
Mr. Hill. That may be, Sir. I would not be surprised, if they had some distrust. [Laughter.]
Mr. Sumner. And now, Mr. President, that we may understand precisely where we are, that the Senate need not be confused by the question of taste or the question of society presented by the Senator from Georgia, I desire to have my amendment read.
The Supplementary Civil Rights Bill was then read at length, as follows:—
Sec.—That all citizens of the United States, without distinction of race, color, or previous condition of servitude, are entitled to the equal and impartial enjoyment of any accommodation, advantage, facility, or privilege furnished by common carriers, whether on land or water; by innkeepers; by licensed owners, managers, or lessees of theatres or other places of public amusement; by trustees, commissioners, superintendents, teachers, or other officers of common schools and other public institutions of learning, the same being supported or authorized by law; by trustees or officers of church organizations, cemetery associations, and benevolent institutions incorporated by National or State authority: and this right shall not be denied or abridged on any pretence of race, color, or previous condition of servitude.
Sec.—That any person violating the foregoing provision, or aiding in its violation, or inciting thereto, shall for every such offence 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 such allowance for counsel fees as the court shall deem just, and shall also for every such offence be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $500 nor more than $1,000, and shall be imprisoned not less than thirty days nor more than one year; and any corporation, association, or individual holding a charter or license under National or State authority, violating the aforesaid provision, shall, upon conviction thereof, forfeit such charter or license; and any person assuming to use or continuing to act under such charter or license thus forfeited, or aiding in the same, or inciting thereto, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be fined not less than $1,000 nor more than $5,000, and shall be imprisoned not less than three nor more than seven years; and both the corporate and joint property of such corporation or association, and the private property of the several individuals composing the same, shall be held liable for the forfeitures, fines, and penalties incurred by any violation of the —— section of this Act.
Sec.—That the same jurisdiction and powers are hereby conferred and the same duties enjoined upon the courts and officers of the United States, in the execution of this Act, as are conferred and enjoined upon such courts and officers in sections three, four, five, seven, and ten of an Act entitled “An Act to protect all persons in the United States in their civil rights, and furnish the means of their vindication,” passed April 9, 1866, and these sections are hereby made a part of this Act; and any of the aforesaid officers failing to institute and prosecute such proceedings herein required shall for every such offence forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered by an action on the case, with full costs and such allowance for counsel fees as the court shall deem just, and shall on conviction thereof be deemed guilty of a misdemeanor, and be fined not less than $1,000 nor more than $5,000.
Sec.—That no person shall be disqualified for service as juror in any court, National or State, by reason of race, color, or previous condition of servitude: Provided, That such person possesses all other qualifications which are by law prescribed; and any officer or other persons charged with any duty in the selection or summoning of jurors, who shall exclude or fail to summon any person for the reason above named, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than $1,000 nor more than $5,000.
Sec.—That every law, statute, ordinance, regulation, or custom, whether National or State, inconsistent with this Act, or making any discriminations against any person on account of color, by the use of the word “white,” is hereby repealed and annulled.
Sec.—That it shall be the duty of the judges of the several courts upon which jurisdiction is hereby conferred to give this Act in charge to the grand jury of their respective courts at the commencement of each term thereof.
Objection was at once raised to the admission of any amendment whatever, as imperilling the pending bill,—Mr. Alcorn, of Mississippi, while pressing this, objected further, urging the hazard to the measure embraced in the proposed amendment from attachment to a bill requiring for its passage a two-thirds’ vote instead of the usual simple majority.
December 21st, Mr. Thurman, of Ohio, objected to the amendment of Mr. Sumner, on the ground suggested by Mr. Alcorn,—raising the point of order, that, “being a measure which, if it stood by itself, could be passed by a majority vote of the Senate, it cannot be offered as an amendment to a bill that requires two-thirds of the Senate.” The objection being overruled, and Mr. Thurman appealing from the decision of the Chair, a debate ensued on the question of order,—Mr. Thurman, Mr. Bayard of Delaware, Mr. Trumbull of Illinois, Mr. Davis of Kentucky, and Mr. Sawyer of South Carolina sustaining the objection, and Mr. Conkling of New York, Mr. Carpenter of Wisconsin, Mr. Edmunds of Vermont, and Mr. Sumner opposing it. In the course of his speech Mr. Sumner remarked:—
Does not the Act before us in its body propose a measure of reconciliation? Clemency and amnesty it proposes; and these, in my judgment, constitute a measure of reconciliation. And now I add justice to the colored race. Is not that germane? Do not the two go together? Are they not naturally associated? Sir, can they be separated?
Instead of raising a question of order, I think the friends of amnesty would be much better employed if they devoted their strength to secure the passage of my amendment. Who that is truly in favor of amnesty will vote against this measure of reconciliation?
Sir, most anxiously do I seek reconciliation; but I know too much of history, too much of my own country, and I remember too well the fires over which we have walked in these latter days, not to know that reconciliation is impossible except on the recognition of Equal Rights. Vain is the effort of the Senator from Mississippi [Mr. Alcorn]; he cannot succeed; he must fail, and he ought to fail. It is not enough to be generous; he must learn to be just. It is not enough to stand by those who have fought against us; he must also stand by those who for generations have borne the ban of wrong. I listened with sadness to the Senator; he spoke earnestly and sincerely,—but, to my mind, it is much to be regretted, that, coming into this Chamber the representative of colored men, he should turn against them. I know that he will say, “Pass the Amnesty Bill first, and then take care of the other.” I say, Better pass the two together; or if either is lost, let it be the first. Justice in this world is foremost.
The Senator thinks that the cause of the colored race is hazarded because my amendment is moved on the Act for Amnesty. In my judgment, it is advanced. He says that the Act of Amnesty can pass only by a two-thirds vote. Well, Sir, I insist that every one of that two-thirds should record his name for my measure of reconciliation. If he does not, he is inconsistent with himself. How, Sir, will an Act of Amnesty be received when accompanied with denial of justice to the colored race? With what countenance can it be presented to this country? How will it look to the civilized world? Sad page! The Recording Angel will have tears, but not enough to blot it out.