Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-09-23
HORACE MAYNARD AND THE CIVIL
RIGHTS BILL


passed by the United States Senate,
and now pending before the House of
Representatives. He justifes his ad-
vocacy of the bill on the sole ground
that, as he claims, it ''does not contem-
plate mixed schools but he exhibits
no repugnance to gulping down every
other provision of this "sum Of VII
lainies." His record shows that his
pretended opposition to mixed schools
is merely intended to conciliate the
white Republicans who, in the August
election, gave unmistakable evidence
of their hostility to that feature of the
bill. In view, therefore, of the fact
that Mr.. Maynard, while holding such
views, aspires to the highest position in
the gift Of the people of this State, it
is eminently proper that the provisions
Of the Civil Rights bill should be fully
known and understood as construed by
its warmest advocates. Here is the
full text of the bill as it passed the
Senate:
Sec. l. That all citizens and Other per-
sons within the jurisdiction Of the United
States, shall be entitled TO the full and
equal enjoyment of the accommodations,
advantages, facilities and privileges of inns,
public cORUeyGnceS on land or 1cdter, the
dters and other places Of public dnuSe-
ment, ORd also OF common schools Gad
public Institutions Of learning or beReUo-
ieRce. supported in whole or part by gen.
erai taxation, and of cemeteries so support
ed and also the institutions known rs In
dustrial Colleges endowed by the United
States, subject 10 the conditions and limi-
tatiOns established by law and applicable
alike to citizens of every race Gad color, re-
gardleSs of any previous condition of seryi-
tude.
Sec. ,. That any person who shall vio-
late the foregoing section by denying any
person entitled to its benefits. except for
reasons by law applicable to citizens OF ev-
cry race and color, and regardless Of any pre-
vious condition of servitude, the full en-
jOyment of any accommodations, adyanta-
ges, facilities, privileges in said section
enumerated, or melting such denials, shall,
for eCeTy such ofenSe, forfeit and pay the
sum OF fire hundred dollars TO the person
aggriered herebA to be recovered in action
on the case, with full costs, and shall also
70. every such Ofiense be deemed guilty of
a misdemeanOr, and upon conviction there
of shall be fined not less than one til OU-
Ss:!ld dollars, or stall be imprisoned not
more than one year; provided, that the par
| ty so aggrieved slfsll not recover more than
one penalty; and if the ofienSe is a refusal
of burial, the penalty may be recovered by
the heirs at law Of the person whose body
has been refused burial; and provided fur
ther, that all persons may elect TO sue for
the penalty aforesaid, or TO proceed under
| their right at common law and State stat
utes, and having so elected to proceed in
one mode or the other, their right TO pro-
coed in the other jurisdiction shall Oe barred;
but this provision shall not apply TO crimi-
nal proceedings either under this act or the
criminal law Of the State.
Sec. 3. That the District and Circuit
Courts Of the United States shall have, ex-
cluSiyely Of the courts Of the several States,
cOehizance of all crimes and offences against
and violations OF this act, and actions for
penalty given by the preceding section may
be prosecuted in the Territorial, District or
Circuit Courts of the United States, when
ever the defendant may be found, without
regard TO the other party, and district at
tOrneys, maTshalS and deputy marShalS of
the United States aud commissioners ap-
pointed by the Circuit and Territorial
Courts Of the United States, with powers
Of arresting and imprisoning and bailing
offenders against the laws of the United
States, are hereby specially authorized and
required to institute proceedings against
every person who shall violate the pTOvi-
siOns of this act, and cause him to be
arrested and imprisoned or bailed, as case
may be, for trial before such court Of the
United States or Territorial Courts as by
law has cCgniZance Of the offence. eXcep.
in respect Of the right of action accruing to
the person aggTieved and such district at
tOrneys shall cause such proceedings to be
prosecuted TO their termination as in other
cases; provided that nothing contained in
this section shall be construed TO deny or
defeat the civil action accrUing TO any per-
son by reason of this act or otherwise.
Sec. 4. That no citizen, providing he
meet all the other qualifications which are
or may, be prescribed by law, shall be dis
qualified for services for grtnd orspetty jul
rOrs iR,any cOVgt of the United States, or
Of State, Oh ACCOUNT of race. color. or pre-
viOus condition Of seryitude, and any officer
or other person charged with any duty in
the selection or sUmmOning Of jurors, who
shall exclude or fail to summon any citi-
zen for the cause aforesaid, shall be deemed
guilty Of a misdemeanOr, and fined not
more than $1,000.
Sec. >. That all cases arising under the
provisions of this act i'm the courts of the
United States, shall be reyiewabln by the
Supreme Court Of the United States, with
out regard to the sum in controversy, I'M
der the same provisions and regulations as
are now provided by law for the review of
other causes in said court.
The Republican State Convention of
Ohio, held a few days ago, among other
things, endorsed this bill, and at a
meeting subsequently held at Column
bus to ratify the action of the Con-
vention, Senator Sherman said:
In populouS communities, where the
number OF colOred children is sufficient
for a separate school, It is often preferable
TO form separate schools by local authority,
out where there are few such children they
should gOtO the same school with white chill:
dren and take part in the same class. an
assured by some of the best teachers in the
State that practically no difficulty occurs
when white and black are i'm the
same class and school, and that very often
the colored children are, from their general
good humor, fayorites with the children.
The difficulty is not in the school or with
the scholars, but with the parents, in the
blind, unreasoning spirit OF caste, the de
briS Of slavery, and is strongest with the
most ignorant and vicious.
At all events the blacks are citizens of
the United States, armed with the ballot
and with equal rights and privileges-enti-
tied TO equal immunities and advantages,
and it is not for us, as Republicans, 20 deny
them any of their rights essential to their
manhood from feeling OF caste or preiu-
dice arising from color or race or condition.
They have borne they part in the contests
through which we have passed, and We
must not shrink from fairly enforcing the
guarantees we have given them. The Re
publican party is the only one so cOnstItU-
ted that has the courage and disposition to
enforce this guarantee, and We owe IL to
our honor, as we'll as to the logic of the
lofty principle that has guided us-equal
rights to ALTO DO so. | voted for the