THE
BREVIER LEGISLATIVE REPORTS.
FOURTEENTH VOLUME.
INDIANA LEGISLATURE.
Intermarriage of Whites with Blacks.---Debate in Continuation.
IN SENATE.
MONDAY, FEBRUARY 3, 1873.[CONTINUED FROM BOTTOM OF FIRST COLUMN PAGE 114.]
[Afternoon Session.]
Pending the order for the introduction of new bills -
Mr. THOMPSON presented a petition from certain colored citizens in favor thereof and introduced a bill [S. 276,] for an act repealing section 47 of the felony act of June 10, 1852, prohibiting the intermarriage of white and colored persons.
Mr. SMITH moved that the bill be rejected.
Mr. WADGE moved to lay the motion on the table.
Mr. CAVE hoped the latter motion would be withdrawn. He was, perhaps, as much opposed to the bill as any Senator on the floor, but he did not wish discussion cut off.
The LIEUTENANT GOVERNOR (who had come in since the Senate was called to order) decided Mr. Wadge's motion out of order.
Mr. FRIEDLEY, of Lawrence, hoped the gentleman from Fulton, (Mr. Smith,) would withdraw his motion for the present, even if it was to be renewed hereafter, for the reason that there was a great deal of work to be done, and the call of the ayes and noes would undoubtedly adjourn the Senate, as it is apparent that we have no quorum present.
Mr. Smith - Will the gentleman agree to renew the motion when there is a full Senate?
Mr. FRIEDLEY of Lawrence, I will make no such arrangement. If the Senator feels disposed to make that motion when there is a quorum present I will make no objection, but I hope he will withdraw the motion for the present.
Mr. THOMPSON said: Mr. President, I cannot believe that any motion or proposition to close this chamber against hearing and considering the claims of any portion of our citizens, however humble can receive the sanction, or escape the scrutiny and rejection of this Senate. To instruct his representatives and to apply to his General Assembly for redress of grievances, is the high privilege and sacred right of every American, and is confirmed by the legislative history of our country. The bill sought to be rejected accompanies and is an embodiment of the petition of the representatives of twenty-five thousand of Indiana's citizens, legions of whom have proved their devotion to the country, in the struggles and achievements on the battlefield of the Republic. The only plea for rejecting the demands of this bill is that the petitioners for its passage, have inherited from African ancestry black skins. True their skin is dark, but time and circumstances have mingled, in them, the blood of all nations. Underneath this dark complexion, their arteries circulate as generous blood as ever coursed through kings or page: 413[View Page 413] senators. Their minds have freely imbibed the spirit of civil liberty, and to day moving forward in the great race of life, they aspire to lay hold of every aid the country affords; to enlighten their minds, to improve their condition and prepare them for the responsibilities and duties of citizens and patriots. To this exhalted position,they have been brought by the logic of events, and the sovereign will of the nation, and we will stop short of our duty to ourselves and duty to these our petitioners, if we fail to consider their rights or refuse to remove every obstacle to their progress in education, self respect, and virtuous deeds.
Mr. SMITH (interposing.) This is not a motion to reject the petition - it is only a motion to reject the bill. I want the Senator to state the facts.
Mr. FULLER. The only question is, shall the bill be rejected? Discussion is out of order.
The LIEUTENANT GOVENOR. I do not think the point of order is well taken.
Mr. THOMPSON. The fourteenth amendment of our national constitution has clothed these people with all the rights of citizenship, and placed them on an equality of conditions, before the law, with the most favored classes of our country. And he is a short sighted statesman, who supposes, that, by rejecting the present bills from the consideration of this Senate, he can perpetuate the invidious Statutes of June 10, 1852, which the Bill seeks to repeal, and which is clearly in conflict with the national rights of every citizen, of African descent. The constitution of the country has wisely placed its judicial power beyond the control of political factions, party ambition and personal prejudice. Its watchful care presides over the civil and religious rights of the humblest subject, and its final decision can cause even legislative acts to conform to the principles of law and justice. If party spirit and disappointed ambition, or personal pride and sectional prejudice shall prompt this legislature to drive these people, seeking a redress of their grievances, from these halls, they can have recourse to this our national Tribune. And although the process may prove tedious and expensive, yet the best legal minds of the nation join in assuring them of final victory. Will it not be regarded inhumane, uncivil and bad policy, in the lawmakers of Indiana, if by their act this day, they force her citizens to ask the Courts of the nation to enforce justice and protect their rights at home? When the Senator from Owen (Mr. Dittimore,) on a motion made by himself, to take the Beacon, (a paper published in the interests of the Colored people,) for the benefit of Senators, made a speech of such unparalleled beauty and Christian refinement, brim full of lofty sentiments of humanity - and burning eloquence - in favor of encouraging this rising people every kind heart responded to the music of joy, that suddenly, as by a mighty rushing wind, an able advocate, and a generous legislator, had appeared fresh from the sugar camps of Owen; who would be to the colored race a true friend and faithful councelor. Will he on this occasion by his vote."Make our expectations vain - and disappoint our trusts." [laughter.] For the sake of the interests and character of our great State, as well for the peace and happiness of our petitioning citizens, I implore gentlemen of all parties, who are here the representatives of an intelligent people, acting as legislators to calmly consider before they by their votes, drive these people from this hall to seek their rights in the Courts of the nation. Their success abroad, will be our disgrace at home. I would say to the author of this movement, the polite and very pleasant Senator from Fulton, (Mr. Smith,) withdraw your motion to reject the bill which proposes to remove the dishonoring barr from twenty five thousand of the citizens of Indiana; whom the nation has enfranchised and invited to the pursuits of equal honors and equal rewards. And when time shall call upon you to retrospect the work of life, you may not have to summon your tears to assuage the lashings of conscience, and apply to the Fountain of Forgivness to wash away the sin of refusing to hear the poor when they cried for help. The interest I feel in this subject before the Senate is my only apology for occupying so much of its precious time.
Mr. SMITH. From the fact that there is not a quorum here, and out of respect to the Senator who has just taken his seat, I will withdraw my motion.
Mr. SLATER. I renew the motion.
The LIEUTENANT GOVENOR. The bill will pass to the second reading if there is no objection. It was so ordered.
