On February 4, 1875, Congressman James T. Rapier of Alabama, rose on the floor of the U.S. House of Representatives to support the Civil Right bill then before Congress which when enacted later that year became the Civil Rights Act of 1875. His speech appears below.
MR. SPEAKER, I had hoped there would be no protracted discussion on the civil rights bill. It has been debated all over the country for the last seven years; twice it has done duty in our national political campaigns; and in every minor election during that time it has been pressed into service for the purpose of intimidating the weak white men who are inclined to support the republican ticket. I was certain until now that most persons were acquainted with its provisions, that they understood its meaning; therefore it was no loner to them the monster it had been depicted, that was to break down all Social barriers, and compel one man to recognize another socially, whether agreeable to him
I must confess it is somewhat embarrassing for a colored man to urge the passage of this bill, because if he exhibits an earnestness in the matter and expresses a desire for its immediate passage, straightway he is charged with a desire for social equality, as explained by the demagogue and understood by the ignorant white man. But then it is just as embarrassing for him not to do so, for, if he remains silent while the struggle is being carried on around, and for him, he is liable to be charged with a want of interest in a matter that concerns him more than anyone else, which is enough to make his friends desert his cause. So in steering away from Scylla I may run upon Charybdis. But the anomalous and, I may add, the supremely ridiculous position of the Negro at this time, in this country, compels me to say something. Here his condition is without comparison, parallel alone to itself Just that the law recognizes my right upon this floor as a lawmaker, but that there is no law to secure to me any accommodations whatever while traveling here to discharge my duties as a Representative of a large and wealthy constituency. Here I am the peer of the proudest, but on a steamboat or car I am not equal to the most degraded. Is not this most anomalous and ridiculous?
I wish to say in justice to myself that no one regrets more than I do the necessity that compels one to the manor born to come in these halls with hat in hand (so to speak) to ask at the hands of his political peers the same public rights they enjoy. And I shall feel ashamed for my country if there be any foreigners present who have been lured to our shores by the popular but untruthful declaration that this land is the asylum of the oppressed, to hear a member of the highest legislative body in the world declare from his place, upon his responsibility as a Representative, that, notwithstanding his political position, he has no civil rights that another class is bound to respect.
Here a foreigner can learn what he cannot learn in any other country, that it is possible for a man to be half free and half slave, or, in other words, he will see that it is possible for a man to enjoy political rights while he is denied civil ones; here he will see a man legislating for a free people, while his own chains of slavery hang about him and are far more galling than any the foreigner left behind him; here he will see and what is not to be seen elsewhere, that position is no mantle of protection in our "land of the free and home of the brave"; for I am subjected to far more outrages and indignities in coming to and going from this capital in discharge of my public duties than any criminal in the country provided he be white. Instead of my position shielding me for insult, it too often invites it.
I affirm, without the fear of contradiction, that any white ex-convict (I care not what may have been his crime, nor whether the hair on the shaven side of his head has had time to grow out or not) may start with me today to Montgomery, that all the way down he will be treated as a gentleman, while I will be treated as the convict. He will be allowed a berth in a sleeping car with all its comforts, while I will be forced into a dirty, rough box with the drunkards, apple sellers, railroad hands, and next to any dead that be in transit, regardless of how far decomposition may have progressed. Sentinels are placed at the doors of the better coaches, with positive instructions to keep persons of color out; and I must do them the justice to say that they guard these sacred portals with a vigilance that would have done credit to the flaming swords at the gates of Eden. Tender, pure, intelligent young ladies are forced to travel in this way if they are guilty of the crime of color, the only unpardonable sin known in our Christian and Bible lands, where sinning against the Holy Ghost (whatever that may be) sinks into significance when compared with the sin of color. If from any cause we are compelled to lay over, the best bed in the hotel is his if he can pay for it, while I am invariably turned away, hungry and cold, to stand around the railroad station until the departure of the next train, it matters not how long, thereby endangering my health, while my life and property are at the mercy of any highwayman who may wish to murder and rob me.
And I state without the fear of being gainsaid, the statement of the gentleman from Tennessee to the contrary notwithstanding, that there is not an inn between Washington and Montgomery, a distance of more than a thousand miles that will accommodate me to bed or meal. Now, then, is there a man upon this floor who is so heartless, whose breast is so void of the better feelings, as to say that this brutal custom needs no regulation? I hold that it does and that Congress is the body to regulate it. Authority for its action is found not only in the Fourteenth Amendment to the Constitution, but by virtue of that amendment (which makes all persons born here citizens) authority is found in Article 4, Section 2, of the federal Constitution, which declares in positive language that "the citizens of each state shall have the same rights as the citizens of the several states." Let me read Mr. Brightly’s comment upon this clause; he is considered good authority, I believe. In describing the several rights he says they may all be comprehended under the following general heads: "Protection by the government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety; the right of a citizen of one state to pass through or to reside in any other state for purposes of trade, agriculture, professional pursuits, or otherwise."
Sir, I submit that I am degraded as long as I am denied the public privileges common to other men, and that the members of this House are correspondingly degraded by recognizing my political equality while I occupy such humiliating position. What a singular attitude for lawmakers of this great nation to assume, rather come down to me than allow me to go up to them. Sir, did you ever reflect that this is the only Christian country where poor, finite man IS held responsible for the crimes of the infinite God whom you profess to worship? But it is; I am held to answer for the crime of color, when I was not consulted in the matter. Had I been consulted, and my future fully described, I think I should have objected to being born in this Gospel land. The excuse offered for all this inhuman treatment is that they consider the Negro inferior to the white man, intellectually and morally. This reason might have been offered and probably accepted as truth some years ago, but not one now believes him incapable of a high order of culture, except someone who is himself below the average of mankind in natural endowments.
Mr. Speaker, time will not allow me to review the history of the American Negro, but I must pause here long enough to say that he has not been properly treated by this nation; he has purchased and paid for all, and for more than, he has yet received. Whatever liberty he enjoys has been paid for over and over again by more than two hundred years of forced toil; and for such citizenship as is allowed him he paid the full measure of his blood, the dearest price required at the hands of any citizen. In every contest, from the beginning of the Revolutionary struggle down to the War Between the States, has he been prominent. But we all remember in our late war when the government was so hard pressed for troops to sustain the cause of the Union, when it was so difficult to fill up the ranks that had been so fearfully decimated by disease and the bullet; when every train that carried to the front a number of fresh soldiers brought back a corresponding number of wounded and sick ones; when grave doubts as to the success of the Union arms had seized upon the minds of some of the most sanguine friends of the government; when strong men took counsel of their fears; when those who had all their lives received the fostering care of the nation were hesitating as to their duty in that trying hour, and others questioning if it were not better to allow the star of this Republic to go down and thus be blotted out from the great map of nations than to continue the bloodshed; when gloom and despair were widespread; when the last ray of hope had nearly sunk below our political horizon, how the Negro then came forward and offered himself as a sacrifice in the place of the nation, made bare his breast to the steel, and in it received the thrusts of the bayonet that were aimed at the life of the nation by the soldiers of that government in which the gentleman from Georgia figured as second officer.
Sir, the valor of the colored soldier was tested on many a battlefield, and today his bones lie bleaching beside every hill and in every valley from the Potomac to the Gulf; whose mute eloquence in behalf of equal rights for all before the law, is and ought to be far more persuasive than any poor language I can command.
… Either I am a man or I am not a man. if one, I am entitled to all the rights, privileges and immunities common to any other class in this country; if not a man, I have no right to vote, no right to a seat here; if no right to vote, then 20 percent of the members on this floor have no right here, but, on the contrary, hold their seats in violation of the law. If the Negro has no right to vote, then one eighth of your Senate consists of members who have no shadow of a claim to the places they occupy; and if no right to vote, a half-dozen governors in the South figure as usurpers.
This is the legitimate conclusion of the argument, that the Negro is not a man and is not entitled to all the public rights common to other men, and you cannot escape it. But when I press my claims I am asked, "Is it good policy?" My answer is, "Policy is out of the question; it has nothing to do with it; that you can have no policy in dealing with your citizens; that there must be one law for all; that in this case justice is the only standard to be used, and you can no more divide justice than you can divide Deity." On the other hand, I am told that I must respect the prejudices of others. Now, sir, no one respects reasonable and intelligent prejudice more than I. I respect religious prejudices, for example, these I can comprehend. But how can I have respect for the prejudices that prompt a man to turn up his nose at the males of a certain race, while at the same time he has a fondness for the females of the same race to the extent of cohabitation? Out of four poor unfortunate colored women, who from poverty were forced to go to the lying-in branch of the Freedman’s Hospital here in the District last year, three gave birth to children whose fathers were white men, and I venture to say that if they were members of this body, would vote against the civil-rights bill. Do you, can you wonder at my want of respect for this kind of prejudice? To make me feel uncomfortable appears to be the highest ambition of many white men. It is to them a positive luxury, which they seek to indulge at every opportunity.
Mr. Speaker, I trust this bill will become law, because it is a necessity, and because it will put an end to all legislation on this subject. It does not and cannot contemplate any such ideas as social equality; nor is there any man upon this floor so silly as to believe that there can be any law enacted or enforced that would compel one man to recognize another as his equal socially; if there be, he ought not to be here, and I have only to say that they have sent him to the wrong public building. I would oppose such a bill as earnestly as the gentleman from North Carolina, whose associations and cultivations have been of such a nature as to lead him to select the crow as his standard of grandeur and excellence in the place of the eagle, the hero of all birds and our national emblem of pride and power. I will tell him that I have seen many of his race to whose level I should object to being dragged.
Sir, it matters not how much men may differ upon the question of state and national rights; here is one class of rights, however, that we all agree upon, namely, individual rights, which include the right of every man to select associates for himself and family, and to say who shall and who shall not visit at his house. This right is God-given and custom-sanctioned, and there is, and there can be, no power overruling your decision in this matter. Let this bill become law, and not only will it do much toward giving rest to this weary country on this subject, completing the manhood of my race and perfecting his citizenship, but it will take him from the political arena as a topic of discussion where he has done duty for the last fifty years, and thus freed from anxiety respecting his political standing, hundreds of us will abandon the political fields who are there from necessity, and not from choice, and seek other and more pleasant ones; and thus relieved, it will be the aim of the colored man as well as his duty and interest, to become a good citizen, and to do all in his power to advance the interests of a common country.