Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-12-11
Negroes Rights on Pennsylvania Rail

Negroes Rights on Pennsylvania Nali-
!, AN opinion was dcliveredii thn Supreme
Court of Penn, on Tuesday, by Judge Asnew,
in case involving the right Of railroad com.
panics or carriers 10 keep separate black and
white passengers, in which it was declared
that prior to the act of the State Assembly OF
March last there was that natural, legah and
customary difference between the races in
Pennsylvania, which made their separation rs
passengers in a public conveyance tue sub
iect of sound regulation to secure order, pro-
mote comfort, preserve, the peace aud MAIN
tain the rights both of carriers and psssen-
gers. Yhe case in which the question orlgl-
mated was that of q coorcd woman sulIg Tor
damages for injuries alleged to haYe. been sus-
tanned BY being compelled to occupy q dit
fercnt seat in railroad car than the one, she
had selected. Judge Aghew, in announcing
his decision, considered the rights Of the com,
pany as a common carrier, the preferences OF
the public, and the laws and customs Of the
State, summing up as iollows,; :
Ut is clear, therefore, that under the Con-
s,ilution and laws theiwhite; and black races
/ stand in a separate relation TO each other.
! We 6od the same differences in the institu-
! lions and customs nf the States. Never has
there been an intermixture OF the two races,
socially, religiou,ly, civilly, or politically. BY
uninterrupted usage the blacks live apart, visit
and ente,lan amcng themselves, occupy dill
ferent places OF public worship and amusc-
ment. and fill no civil or political stati ms, not
even sitting to decide their own causes: In
fact. there is not al institution of the State
in which they bavc mingled indiscrlminately
with the whites Even the common school
law provides for separate schools when thciI
number is adequate. In the military service
also. they were not .intermixed With white sol
diers, but were separated into companies ant
regiments OF conr, and that not by way o
Encouragement, but from motives of wisdom
and prudence, to avoid the antagonlsm OF va
rant and unmixable races.
Law and custom having sanctioned sepa
ration of races, it is not the province of th'
judiciary to legisatc it away. We cannot So.
4 there was MI difference in fact, when the Law
and the voice of the people had said Jher
was. The lawspf the State are found in it
Constitution, statutes institutions, and gene
raj customs. 1t is to- these sources judge
must resort to discover them. If they aban
don these guides, they pronounce their ow
opinions. not the laws OF those whose officer
they are. Following these guides, We are com
-peled to declare that at the time OF the
, legged injury there was that natural lega
, and customary difference between the whit
and black races in this State which mad
their separation as passengers in public COZ
i veyance the subject of sound regulation,
!. secure order, promote comfort, preserve Il
: peace, and maintain the rights both. of ca
# rriers and passengers.
n The defendants were therefore entitled
t an affirmative answer to the point recited
d the beginning of this opinion. 1t only r
r mains to add that this cause arose before q
3 passage of the act Of the .22d March, lse
:, declaring'it an offence for railroad compani
If to make any distinction between. passengss
y on account Of race or color, and our decisi
prouounces the Law only as it stood when t