The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-25
TIE QUESTION OF NEGRO pnIvILEoE.

somo time ago, our readers will remember
Mayor HEATH, OF Now Orleans, not copporhcad
but Nh unconditional Union mnn. in order that Ii,
might havc suro guido, nmid tho mazo Of contra
dictory legislation, which at present anlcts tlt
Southern statos, asked tho City Attorney, hi,
regularly constituted legal advisor, TO giYo hi,
opinion in how fur, undor the laws tho diffuron
CLASSES OF races in any community aro entitled e
admission to coffco housos thoatro,, balls, etc. Al
tho City Attorney, also, Tr bclioyo, is q thorough
y loyal man, and may therefore DO fairly supposed
to tako an unbiased Wow Of tho case, wo will give
tho substance Of his conclusions.
MIR. H. d. OGDEN, tho City Attorney, holds thai
tho parties hnvo tho legal right to rof,so tho SELL
ing or adnitnnco to any portion Of citigons or in
habitnnts. Thore is nothing, lo says, in tho term
OF thor license, obligating them to sell to any
ono. Thcy have tho right to close their shops
in toto, and thoy hayo tho sano right to choose
and determine who should bo their customers,
who should DO admitted, and on what terms and
conditions These establishments arc not public
property. Tho restaurant or tho manager OF O
theatre, las the same right to refuse admittanco,
or il admttanco bo granted, to specify tho place or
portion Of tho building 10 DO occupied, as has tho
physician conducting private hospital.
These casos, ho continues dfTor widely from
tl,oso arising out Of tho obligations OF CARRIERS or
whero certain privileges arc granted By special
legislatio, ana ovoh IN tnoso tho principles above
In tho caso Of Day rs. Oven, cited in fifth Mich
S0po fag tho Iai1t was
DO liable TO general refusal TO carry tho plaintiff
unoss sho should show somo excuse, releasing
him from tho obligation. Tho right to DO carried
the privileges md accommodation Of pnssengorp.
whilst being transported, subject to such Tules
aud regulations ns tho carrior mny think proper to
mako, provided thoy bO rcasonulfo. -. =
a refusal TO allow tho plaintiff tho privilege OF
tho cabin, on his tondering cabin faro, was 10th
nlodations, from which lle was excluded by tho
rules aud regulations OF tho bpat. Tho law doos
not require carrier 70 mako any rulos .whatoyor,
decms IL for his IntorcAt.
IS, So the case Of Roberts o.. the City OF Boston,
9Th Gushing tMassachusotts) Report. pago 2Oi'
colorcd child, commenced tho action by her father
and noxt friend against tho city Of Boston, under
tho statute which provides that any chilli unlaw-
FULLY excluded from public school instruction i'm
this commonwealth shall recover damages there
for, in action against tho city or town by which
such public instruction is supportSd" The ques:
t'on thorofore iB whether, upon tho facts aSreol
upon, tho plaintiff has boen unlawfully excluded
from such instruction.
eloquent advocate Of the plaintiff is, thnt by Tho
Constitution nud lnws OF massachusetts. ali ncr
sons without distinction of ago, acx birth or color
NJ general broad principle, such ns ought TO nm
pear In declaration Of rights ;y perEecfiy emnd.
it is not only Expressed in terms but perynles and
anin'ates tho wlolo spirit Of our Constitution Of
free goyornmont Ir
But whom this great principle comes to bo ap
Piled to the actual and various conditions Of por-
sons in society, it will not warrant tho assertion
that men and women arc legally clothed with Tho
sane civil anil political powers, mud that childron
aud adults arc legally to havo tho sano functions
aud DO subject to tho samo trcatn,ent; but only
that tho rights OF a thoy arc Bottod and rogIi-
lated by law, arc equally entitled to tho paterfal
consideration and protection OF tho laws for their
tho inlniio vnriefy Of circumstances BY which, thew
nro surrounded, are entitled, must dopond on
aws adapted to their respective relations and con-
In tho absenco Of special legislation on this sul,
lcct, tho INV hns vested tho power In tho commit
teo TO regulate tho system Of distribution and
classiilcntion, and whom this power is reasonably
exercised without being abused or poryorted by
colorado prctonccs, tho decnion of tho committee
must bo doomed concuAiyo.
Tho committee apparently upon great lelibcra-
Eopi Aaia cppe ia Tho -n1ns 1s 'aa Du, i.nuJ
ored md for whito childroii, and wo can porceivo
no ground to doubt that this is tho honest result
Of their experience and Judgment.
On tlo whole, tho Court are OF tho opinion that
upon tho facts stated tho action cannot bo n,ain-
thinod. Isn.
In tho case Of tho carrier, the common law mado
1t obligatory upon him to carry oil pnssongors and
in tho case OF tho school, tho special legislation
purpoItcd to bo in favor OF all classes. "Any
child, How much creator, therefore, tho right
whom thcro is neither law nor legislation compel
ling tho salo or ntmittanco, but on tho coutrury
papable violation of personal and private rights
in the compulsory appropriation OF property or
unwarrantcd trespass.
Very respectfully,
Your obodient servant,
.a; II. d. OGDEN, City Attorney.