I know the Constitution of my country, and I know that under that Constitution, unless my judgment fails entirely, the provision with reference to juries is absolutely valid and constitutional.
Charles Sumner
The Public Record
Charles Sumner was an American lawyer and statesman who represented Massachusetts in the United States Senate from 1851 until his death in 1874. Before and during the American Civil War, he was a leading American advocate for the abolition of slavery, and after the war he was a key figure in the Reconstruction era, during which he and other Radical Republicans successfully fought to end slavery and ensure basic rights for Black Americans. He continued advocating for racial equality until his death, lobbying in his final days for a civil rights bill that served as a model for the Civil Rights Act of 1964. Historians credit Sumner with coining the phrase "equality before the law," which he first used as part of an early attempt to integrate Boston's public school system.
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The original Civil-Rights Bill, which passed over the veto of the President, solemnly declares that no evidence shall be excluded from any court of justice, National or State, on account of color.
The nation has undertaken to regulate the testimony, not only in its own Courts but in State Courts; and will any one pretend that it may not regulate the jury in State Courts, when it may regulate the testimony in State Courts?
Why, Sir, there is nothing in the Constitution touching testimony, but there are no less than three distinct provisions relating to trial by jury; and among other terms employed is “an impartial jury,” which is among the privileges and…
And is it wrong for Congress, in the plenitude of its powers, anxious to do justice to all, to declare that there shall be an impartial jury in all tribunals, whether National or State, without regard to color?
Having begun by regulating the testimony, where is the argument which is to prevent us from regulating the jury?
We have already provided that there shall be no exclusion in testimony on account of color: we must also provide that there shall be no exclusion from the jury on account of color; and until that provision is made by supreme national law…
Is not that an aspiration worthy of a Senator?
But I may be allowed to express the hope, and I have no reason to doubt that it will be gratified, that the Judiciary Committee will promptly examine this bill, and report back a Civil-Rights Bill upon which the Senate can take action…
I put too much faith in this body, which I ought to know well.
The bill would have been hastened on its way, and a people long enslaved and degraded would be at last lifted to equality.
California, extension of slavery into, threatened, III. 24.
On untrustworthiness of slave-masters to legislate for slaves, XIV. 212.
Capitol, the national, no picture at, of victory over fellow-citizens, XII. 201.
Chinese, advantages of their immigration to United States, XVII. 183.
Sufferings from denial of equality in, XIX. 222.
Equal rights of, to be protected by national courts, XIII. 16.
Should confiscate property and liberate slaves of Rebels, IX. 71, 146.
Powers of, to prohibit inequality, caste, and oligarchy of the skin, XVII. 34.
Constitution of the United States, does not prevent abolition of slavery, I. 310.
Fourth of July, oration on true grandeur of nations, I. 1.
Fugitive Slave Acts, wrong and unconstitutionality of, X. 338.
German Fellow-citizens, our, and a true Reconstruction, VIII. 238.
Great institutions of liberty originated by, IV. 38; VIII. 41.
Opposed to slavery and the Mexican War, I. 336.
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