The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-11-13
The Negro In the Pennsylvania Courts.


sENaERs, PROVIDED THERE IS NO DISCRIMINATION
IN ACCOMMODATION.
The case of o colored woman who was ousted
from her seat on the West Chester Railroad in
Pennsylvania, on account of her color, was taken
up on appeal, aud has been decided by the State
Supreme Court Judge Agnew delivered the deci-
sion OF the Court, which reverses the decision OF
the lower Courts. The following are the most in
tercsting points which establish principle OF
general Importance:
1t is admitted no one can be excluded from car
rage by public carrier on account OF color, roll
gious belief political relations or prejudices But
the defendants asked the Court to sny II the seat
which the plaintiff was directed to take WAS in oil
respects comfortable, safe and cow, nient seat,
nor interior In any respect to tho one she was dl-
rected to leave, she could not recover. The case,
therefore involves no assertion Of the nferorty of
tho negro to the white passenger. The simple
question is, whether the public carrier may, in the
exercise of bis private right OF property separate
passengers by any other welldetlned characteris-
tic than that OF sen
The right of tho carrier to separate the passen-
gers il founded on two grounds-his right to pri-
vote property as means Of conveyance aud tho
public interest. The private means he uses be-
long wholly 20 himself and imply the rght of con-
troll for the protection of his own interest al we'll
as the performance of his public duty. 1t is not
an unreasonable regulation to seat passengers 80
as to preserve order and decorum and prevent con-
tact and collision. If the grounds OF regulation
be reasonable, courts OF justice cannot interfere
with carriers right OF private property. The
right of passenger is only THAI 1f being carried
safely and with due regard to his comfort and
convenience, which are promoted by sound and
welI-resnatod separation OF PASSENGERS
Who would maintain that either at an inn or on
vessel it is a reasonable regulation to compel the
passengers, black and white, to room or bed to-
getherf If q right of private property implies no
right of control, who shall deoide contest be-
tween passengers for seats and berths?
Why the Creator made one black and the other
white il known not, but the fact is apparent and
tres as perfect, and rights Us sacred, yet God has
made thom dissmar, AMI impaired to them fea-
lures Of character intended to imply that they shall
not overstep the natural boundaries He has assign
ed to them. The natural law which forbds their
intermarriago and the social amalgamation which
leads to corruption of races is clearly divine. Tho
separation OF the white and black races on the
face Of the globe is a fact equally apparent.
The right of each to be FREQ from social contact
is as clear their right to be free from ntermar-
raGe, therefore, we uc'
clare right t. maintain separate relations rs far
as is reasonably practicable, but in a spirit of kind
ness and charity, With due regard to equality and
rights.
From an opinion delivered in 1887, by the late
Judge Gbson, i: appears that the status of the ne
gro never fell Within the term ''frccmen," and
that tho emancipation act OF 1888 did not elevate
him TO citizenship i'll the State. In 1888, the
people of the Commonwealth, by an express
amendment of their Constitution, drew the line
directly cctyeep the white citizen and the black
;,bo MT 'nf tbo StaIc H. ia Tlanr therefore
that under its Constitution the white and black
man stand in separate relations. Never has there
been Gr intcrmixture of the two races, socially,
politically, civy or religiously.
Following these grounds, We are compelled to
declare that at the time of the alleged injury there
was that natural, legal and customary difference
between the black and the wlito passengers i'll 4
public conveyance, the subject Of 4 sound regula-
ton, to secure order, promote comfort and pre-
serve the peace The defendants were, therefore,
entitled to an affirmative answer to tho points re-
cited in the opinion.