December 11th it was presented to the President.
December 20th, Congress adjourned for the holidays.
The President, by a message, January 24, 1868, in reply to an inquiry of the Senate, stated that it was presented for his approval December 11, 1867, but that “Congress by their adjournment [December 20th] prevented the return of the bill within the time prescribed by the Constitution.”
January 7th, Mr. Sumner a third time introduced the same bill. Mr. Sherman, of Ohio, thought “we ought to consider whether it is not already a law.” Mr. Edmunds, of Vermont, said that “this bill has become a law, if it has not been returned with a veto.” Under these circumstances, the bill was referred to the Judiciary Committee to consider its true condition and the question of further legislation.
February 11, 1869, the bill being once more before the Senate, Mr. Sumner moved it again, as appears by the following passage.
MR. SUMNER. I move that the Senate proceed to the consideration of Senate bill No. 228.
MR. SUMNER. A bill for the further security of Equal Rights in the District of Columbia. I will make one minute’s explanation, and then the Senate will see that it ought to be passed. This bill has already twice passed both Houses of Congress, but immediately before recesses, and it has fallen from the President failing to return it with his veto, and from the unsettled condition of the practice or law in such cases.
THE PRESIDING OFFICER [Mr. MORGAN, of New York, in the chair]. It requires the unanimous consent of the Senate to consider the bill at this time.
MR. DRAKE. I appeal to the honorable Senator from Massachusetts on behalf of a poor and most worthy woman----
MR. SUMNER. Why should the Senator make that appeal to me? I appeal on behalf of all the colored people in this District, who ask the passage of this bill.
MR. CONKLING [of New York]. Whether the objection should be made or not depends perhaps upon this, which I should like to inquire: Has not this bill not only passed twice, I think three times, but has it not become a law certainly once?
MR. SUMNER. It has not become a law; at least, it has not found place in the statute-book, and the courts have declined to recognize it as law. Under the circumstances, it has seemed the best and the shortest way for Congress to pass it again, so as to remove all doubt.