New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-21

from any Usurpatlon OF his rights, but
all his fellow-citizens are individually and
collectively bound to protect him from any
attack, injury or injustice whatever.
Born as nearly all of them are. on the soil
OF this great nation. invested with full and
complete citizenship by liberal, just aud
progressive people, TIE colored people have
ceased to be Africans. They now possess a
common share of the glory, the honor and
dignity OF tie American people. Ii they
are degraded, despised, insulted and
tramplrd upon, they will become degraded,
despIsed, insulteA aud unworthy American
citizens. They have in their keeping the
honor and dignity Of the American name,
and their degradation would l-ot be the
degradation of Africans, but the d. greda-
ton OF Americans, because ihrs are MEM
bers OF the polite al American body.
now proceed to examine the defense OF
Bogel He asks this court to grant him an
immunity from the consequence of u viola
tion OF law, which took place in his estab-
hshment when Fisher was insuted and de-
prived of his right to be served with glass
Ut soda water. because Bogel himself was
not present, and the refusal WAS the act
OF Chapman, the cub lessee, over whom
Dogel says he could have exercised DO
control IN the management of the soda
stand. Had Chapman sold soda water in a
separate store, he would have been com.
PEELED to pay license; his name would
nave been over his place of business. and
he would have been answerable for fail.
nre to comply with the obligations Of his
license. but he was selling under Bogel q
license, in Bogels store, with Boyel's name
over the door. Boge' held himself forth to
the public as the responsible, real sole, and
licensed proprietor of the esta blishmen5 and
lis departments, whether of soda water, or
drugs. There was nothing to denote that
there was another occupant or proprietor
entirely independent of Bogel, and irrespou.
sible to him, and to the law, for Chapman
not having licen se, and being in an esta b.
llshment In which other merchandise was
Sold, was not the keeper of IL place OF pub
lie resort, and might with IMMUNITY lave
refused to sell the soda water to Fisher
There was responsibility somewhere.
Chapman was not responsibe; as mat
ter OF course the responsibility attaches 70
Bogel.
Bogel proved that be had Yet the sofa
stand To Chapman as sub tenant Great
stress was laid by defendants counsel on
the evidence. showing that he had imposed
no restriction in his contract OF lease with
chapman as to what persons Chapman
should sell; so much the worse for M r.. b.
gel that he failed to impose on his sub
tenant the legal requirement by which Bo-
gel himself was bound. AS Chapman paid
rent for the soda stand it was source OF
profit to Bogel. 1t was situated ia no sep
arate or secluded compartment, bnt stood in
the main store. By virtue Of Bog. 8 license
as druggist he was not compelled to pay
for another license 10 sell soda water. His
license covered the sale of soda water as
well as of drugs when sold in the same
Bogel. when letting Chap
man sell under his license. was bound to
impose upon Chapman the obligation that
Bogel himself had contracted under the
license-tO make no discrimination AZ a
keeper of placs Of public resort on ac-
count OF race. color or previous condition.
Bogel can not now throw the response
bility on Chapman. If cololed people
bad ever been allowed to drink in
that store whIle Bogel himself bad man
aged the soda water stand. it would be very
Easy for him to have shown that fact
There are many colored people in that part
,f the city who would gladly have sIdked
heir thirst at Bogefs soda fountain. if they
iaG been permitted to do so. AS it is not
shown that Bogel ever sold hS beverage to
! col0red person TO be drank IN the store,
IT that 10 colOred man ever asked for soda
water therein prior TO Fishers application,
am led to the conclusion that Chapman,
II Chapmsn's employe, Macklin, was bat
arrying out the time honOred principles es-
abished by Bogel, to wit: to exclude col
red people from drinking at the drug store
q question. 1t will not do for Bogel to Say
Lat selling soda water to persons of color
you'd ruin his business and dive away his |
hite customers. He ought to have re
ectrd on that danger before he accepted
be license. Fisher vas not obliged 70 re- |
ounce legal and natural right on &C !
cunt or the vain iears or the insensate |
rcjudice of the licensed keeper of |
lace OF public resort. The refusal
a drink in place of pub
G resort to colored man seems
} certain class i'll this community to be
OF only privilege but duty. They think
Dw. as they thought twenty years ago, that
'lored people have no rights which they
g bound to respect. Pride has taken away
lie reason of those enemies of Justice, la "
I'D good government. They conclude one
ay as to their own right, end another way
! to the right Of their peighbor. They
ave not the excuse Of invipcible ignorance
offer in their favor. With the means of
arnlng the science Of man, they stolidly
'eier 10 remain III state OF ignorance Of
cir obligations and duties to persons out
ie of their own class. Th6 privileges they
she to be allowed 70 the mselves they per-
'tently refuse to others. They think them
Ives above vulgar mortals, and ascrbe to
eHselves the exclusive right TO hold offices
honor, profit and distinction, though their
ght is not distinguished by any peculiar
reilence as to capacity or qualification.
ley glory In their inhumanity and fero-
qua hatred OF another race of linen. They !
,uld, if they dared, tranple under their
ct the constitution of their country. ard
it upon those laws which compel them to
cognIze the equal rights of ell American
liens. Those impediments Of society pre-
nd TO act in the interest Of the white race |
which they belong. No race is
Melted by their egotisnl, illiberaiity |
d irjustice. They care nothing tor
&c, aod care everything for self.
icy reprobate the names and memories of | ;
Inc of the most illustrious and benevolent |
mankind who belonged to their own race |
cause Of the devotion of thpse great and
cd men to tie welfare of their fellow ren.
icy have established a system of proncrip-
IN against those who dare 10 profess any
her politics than theirs. Tie merchant,
2 business man, the mechanic, having the
neritv to profess d political creed differ
from tho supercilious class referred to
'sld he punished with loss cs patronage
Z eocial Ostracism. Business men like |
gel boHy 70 the despotisil Of this naughty
.ss for fear Of the destruction of their {
sness and tie loss Of patronage, and are {
ced to shut tf,eir establishments against
, colored man, the better to enable those
lite WOuid-be H@ristOcrats to aggregate | !
,mselves troa their less pretentious fell |
v citizens. Fer their contuulclious treat |
mt of the coiored man and their violation I
law in cases Of this kind they put forth
clap-trar argument OF unconstitu- I
na!iTy OF the above quoted Ameri- 9
l legislation enacted to enforce |
aciples commanded by divine and @
Iural law; they put forth the false pre- !
>e that such laws interfere with the U
edom OF trade. and that it is the privi- =
. of the American citizen TO entertain I
lings of friendship with one portion of t
fellows and manifest feelings OF con- 4
lpt for another portion. Such doctrine is r
absurd as it is unjust. Its recognition o
uld lead to tie creation OF the most t