New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-05-24
EQUALITY BEFORE THE LAW,

The following argument was made by
General T. Morris Chester before the
Fourth District Court last Wednesday, in
the somewhat noted civil rights case OF
Lewis We. McCloskey:
May it please the court and gentlemen of
the jury, case OF much simplicity, tree
from the intrlcacies and technicalties of
law, INVOLVING the dignity of manhood and
your consideration and appeals to you for
judgment and justice. Charles Lewis, a
resident of New Orleans, an electOr of Lou
isana and citizen Of the United States,
and man in the image and likeness of his
Creator, in the exercise Of his natural rights
as human being and his constitutional
privileges as an American citizen, entered
the place of public resort kept by Hugh
McCloskey, situated at No. Is St. Charles
street, and respectfully asked for glass of
soda water. The privilege of vending soda
in the city of New Orleans is acquired by
license and upon that license the law is
printed that the vendor who retails under
Its authority shall make no distinction on &C.
count of race or color. The plaintiff after be-
ing served with cakes, was refused the privi
lege OF purchasing a glass Of soda water,
for which he was able and willing to pay
the price usually required. He deported
hAhhSOAA III q ACSpCCldUIc duu ToSDbCL1lu
manner, and was neither impertinent in
his demand nor objectionable in his dress
or person. Walking along one of the prin-
cipal thoroughfares of the city, breath
ing the same air and affected by the
same influences as other men. he,
with some friends entered McCloskey's es.
tablishment to quench his thirst. Instead
OF complying with his request, as the de-
PENDANT or his employees were obliged to do,
20 n uJn - i
reproach, in which his manhood was insult
ed and his citizenship was outraged. BY
this unlawful act, this personal degrade
ton, amid numerous spectators. along one
OF the principal streets in the city. the de-
tendant has damaged the plaintiff in feel
lngs, reputation and civil standing to the
sum of $500.
This is one of those important cases, in
vOlving more than the claims of the plain.
till, in whose decision 365, 900 human beings
are deeply interested, who are anxiously
awaiting the realization of that Justice
which they have right to expect under the
constitution and laws of this commonwealth.
Government in the exercise OF its powers
and functions is subversive of personal in
dependence and public prosperity when ad-
ministered in the interest Of a class It is
mlschlevOus. in its tendencies and destruc-
tive OF the best interests of society when it
refuses to extend the just application of its
laws alike to all Of its citizens. 1t is fatal
to liberty when the color of a mans skin,
deepened by the sun of heaven in its fructi-
lying influence in the land OF his fathers,
osfraclses him in violation of organic law.
from all public places, and outlaws him in
public estimation. 1t was base enough
to refuse to accommodate the plaintiff
and to drive him from the establishment
with lndignity and contempt; but the
unblushing audacity of the defendant,
IN resisting this action, would seem to
imply that in his mind this court is cor
rupt IN its administration of public JUS
tlce, as he is odiOus in the conduct
OF his business. With the declaration
OF American independence, which declares
that all men are created free and equal,
and endowed with certain inalienable
rights, among which are life, liberty and
the pursuit OF happiness with the consti-
tuition OF the United States, which recog-
nlzes the manhood and citizenship of ma
tives and naturalized persons; with the or
game law of Louisiana, which abrogates
and annuls all distinctions founded upon
color IN public places and upon public con-
veyances tor which license is necessary;
with the statutes of the nation and the
State, comforting equal civil rights upon all
men, irrespective OF race or color, and with
the gospel of peace which enjoins mankind
20 90 unto others as they would that others
should do unto them, this defendant has
the extraordinary effrontery to come into
this court, after having violated the laws
Of God and man upon no better plea than
the customs engendered by an Infamous
system, which, with all of its prescriptions
and ostracisms, was overthrow when the
nation reconstructed her foundations and
entered upon the march of universal liberty
and progressive civilization.
When govern ment emancipated the No.
.roes from an unjust and enforced seryi
ude, the act restored their humanity and |
anctlhed their manhood, a higher rank |
mo hoi!er designation than citizenship, |
: exalted him to that sublime standard in
vhieh the Creator glorified him, when he
as asnionea MN after his own image, breathed
MO MIN the breath of life, and he became
living soul. Man is the creation Of God
ltlzens are constituted by men. The con.
secrated attributes of humanity are mani.