The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-05-29
THE CIVIL RIGHTS BILL.

1
The action of the Senate in passing tina
unfortunate and baleful legacy left b!
Charles Sumner to the country-which h
had adorned by his genius, and which ever
while recognizing his faults has glorified hi
memory az that of few Americans has beer
glorified-was, as we are informed by The
telegraph, deplored by men Of all parties al
Washington. We are glad to learn this, We
are pleased to know that this tremendous
blow at the very integrity of the Union
could be struck without exciting sorrow
even in the hearts Of such men as to-day
throng the halls Of Congress.
! If this sorrow had taken the shape of i'll
dignation, and if the Senators had been
made to feel that they had outraged the
sense of the nation and committed a crime
against republican government, for which
they would be held accountable by
the people, we should have been much more
encouraged to hope for an extended lease OF
life for the Union.
The limitations are, however, that in this
violent departure from the Constitution,
and bod attempt to utterly obliterate the
sovereignty of the States, the Senate has
made mistake which will lie denounced bv
all right thinking men and the press of all
sections Of the country. 'a.
The probability is that not one of the
men who voted for the measure expected it
to become a law, but all cast their votes for
it as bait to catch the negro votes but
the fact that any hope Of personal gain
could influence Republican Senate to
vote for measure so subversive of personal
liberty is fraught with danger, and must
make every thinking man pause and reflect
upon the rapid strides we are making
towards Capitalization. The New York
Herald, in an able editorial on this subject,
makes the following pertinent observations
touching the absurdity of such legislation !:
If innkeepers were lice sed to keep open houses
Of pubic entertainment by tn General Government,
local authorities might dictate how they should man
age their houses, and stpulAe what they should de
with the mouldy cheese and what with the impossible
butter If the statutes ncOr pOratng our railroads
were made at Washington, and not at Albany, they
would, perhaps, cost MORE but could understand
that Congress would then have the power to d to
or take from them. If our common schools and our
hospitals and pauper graveyards were purchased
and supported by taxes levied on the whole people of
tn United States It would be but rational that the
national legislature should have the right to say who
should be taught physicked or buried in them.
But Congress does not furnish one copper toward
the support u the public schools or public hospt Is
this city whence does derive any right say that
colored man any other sort of man shall be
ceived into them if the loo managers decree other
wise?
In legislation of this sort the Senate simply fulmi-
mates q bull agaiL ct comet 1t has more autho-
rty the sui jects which it pretends to regulate
than the Shah of Persia. or the Emp of China,
any other magnificent potentate, upon whoss intellect
his lunar relationships have had bad effect. Con-
gressmen in far they are sincere in regard to
this bill, are no doubt msled by that portentousy
clause Of the Fourteenth Amend
ment, which declares that Congress shall have
to enforce by appropriate legislation the pro-
visions of this article But one clause in the Con-
sttutOn cannot have power to nullify the purpose,
scope and effect of the whole instrument taken
together. Perhaps the States wanted to add to
the Constitution we cannot believe they intended to
expunge it. 1t was never supposed that clause of
two lines at the tail of amendment would abrogste
the whole grand compact and take it's place. In the
same amendment it is said "No State shall make or
enforce any law which shall abridge the privileges
of citizens of the United States shall
my State deprive any person of life liberty or prop
srty without due ess of law nor deny to any per-
within its jurisdiction the equal protection Of the
avs These the wise and safe indications OF the
,nly appropriate legislation thst possible Congress
nay define within certain limits course for the
regn States but cannot GUST them and pretend to
,erform their minuter functions.
But ii this legislation Is olish constitutions'ly
md regards national politics. it is in
ts aspect from the standpoint of general or abstract
,olitcs It directly provOkes, e1ctes and cutvatss
he antipathes Of and este byfOrcing into prom.
hence distinctions that neradicabe. 1t enforces
onfict by causing the law to give equality which
he Creator has denied and runOusy Injuries the
pretends 10 serve by placing it in position Of an
gonsm to superior and dominant race No laws
such subjects sound or effective save in 50 far
. they deciaratory Of actual conditions If the
wv desi mates line of action that Ia in accord with
he tendencies of human pride and passion there is
"a monous operation but If law and human nature
re in conflict it ia human nature that prevails and
very effective law that is made is direct loss to the
lOral power of the State