The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-11-20

reo,,latiorI. or custom, and the dep. -iVation
-m,,st- also he on account. ef-ths al!elaSe,
color. or race Of the person who Is 30 suu,
|iected ito deprivation. Now there ~ az
law. statute, ordinance, regulation. or Gus
ton,~ir, this State which subjects, Of a..
Temps to subject, any inhabitant TO Inc
Idepriyatiop of any Of the enumerated
rights: and I suppose there IS no
instance in which any person, under pre-
tence or color OF any such law or custom,
has subjected any inhabitant to the deprlYa.
ton of any such right on account OF DIS
race or color. or on any other account. ihe,
outrapes and crimes which so abound IN Tue
state have not been committed under the
| color of law or custom, but have sprung
from o most wicked, depraved, and laWless
spirit, IF it be assumed that many OF Shshi
have been directed against coiorea people
because of their race, still, as they nave NOT
been committed under color OF some ia"'
statute. ordinance, regulation, or CUSTOM,
they are not crimes under the stature "nich
we have been considering, ,..-
These sections of the statute were I'M
doubtedly passed to enforce the guarantee
supposed to be contained in the last clause
of the first paragraph OF the iourteentn
amendment. This clause declares, T" nor lsnali
any State) deny to any person within lis J,
jurisdiction the equal protection OF It's AVS;
| It was assumed by Congress that there mignt
| be in some State laws which sunlecr SOME
Inhabitants to different protection from
others, and these denunciations OF the sew,
enteenth section are manifestiJ dlrecteu
against those who attempt to enforce snch
| laws. They are, l repeat, not at all olrec.eo
against persons who commit crimes uhuer
the influence of ill-will, hatred, revenge, OF
other motive which ordinarily induces crime;
Whether or not Congress might nave passed.
more comprehensive statute it Is hardy
proper to inquire in this place, but am 10.
cIined to think that when State. IN It's laws
or in its judicial tribunals, denies TO some
persons within its jurisdiction protect'on
which it accords to others, Congress may,
under the express power conferred upon
it to enforce all the provisions Oh
the fourteenth article of the CONSTITUTION,
pass laws investing the courts OF the Unlteo
States with authority to give to all OF us III,
habitants equal protection; that Is, TO aHoru
to those inhabitants to which the State gives
the least protection the same protection it
gives to those whom it protects most. But
yhere neither the State ld,os nor the Stale
courts make any distinction in the protection
,rhich then give the inhabitants Of q State,
| ,chen the State la1cS and the State courts g'Ue
the same protection to all, there Is no groatna
| for congressional legislation. There is IN
such cases no denial by the State of equal
protection, and therefore no ground either
Ia the clause of the fourteenth amend.
ment, which we have been considering, or
! in any other clause Of the Constitution, on
which to base legislation looking to equal
protection or, should rather say, there is
| in such case no authority in the courts or
the United States to assume jurisdiction
under the laws passed, or which might be
passed, to meet the contingency of State
DENYING "to any person within its jurisdic-
ton the equal protection of its laws"
have now answered all the questions
which you have propounded to me, but l
Wish to add few observations:
This court has no jurisdiction, and Con-
gress has not attempted to confer on 1t Juris-
diction, to punish ordinary crimes, such as
murder, arson, assault, batteries, whether
committed against black or white persons,
when they are induced by the usual motives,
such as hatred, evil passions, revenge, which
ordinarily provoke crime. 1t has Jurisdic-
ton OF such offences only when committed
in places subject to the exclusive jurisdiction
of the United States, or when committed
from the motive of depriring some person,
on account of bis race or color, of bis right
to vote, as have before pointed out.
It is impossible to maintain that con.
spiracy of two or more persons to lnJure,
beat, wound, or kill white or black man,
or that The actual iDjuring, beating, wound
ing, or killing Of white or black man by
any person, or number Of persons, whether
no
or on private premises, is u denial ty the
State to such white or black man Of the
equal protection of Its laws; and, therefore,
it is impossible to maintain that such crimes
are offences against the United States within
the meaning of the act Of Congress passed
April 20, 1871, to enforce the provisions of
the fourteenth amendment Of the Constitu-
ton.
You will remember, intimated 10 the be-
ginning of this charge that, perhaps, there
are rights and privileges granted or secured
by the Constitution Of the United States
other than the right of the citizen to vote,
irrespective of race, color, or previous con-
dition of servitude.
If there are such rights, the sixth section
of the act Of Congress passed May ~, 1870,
to enforce the right of citizens of the United
States to vote, seems to denounce their in.
fringement under the circumstances and In
the ways therein enumerated. But the
right to life and property is not right
granted by the Constitution of the United
States, and though it is in q certain sense
thereby secured, it is secured only against
deprivation by the United States or the
State, and not against deprivation or spoia-
ton by individuals. The killing of person,
or the unlawful taking of his property by
any person or number of persons, can in no
conceivable sense be termed deprivation of
life or property by the United States or
State. and therefore it cannot be held to be
an offence within the meaning Of the act
above mentioned.
The thirteenth article of the Constitution
declares that " neither slavery nor involun-
tary servitude, except as punishment for
crime, whereof the party shall have been
duly convicted, shall exist in the United
States, or any place subject to their jurisdic-
tion."
By this declaration the freedom of many
slaves was announced, and the future en-
slavement of any person, white or black, is
inhibited. The grant of freedom to the for
mer slave, and the protection of both the
white and the black race against enslaye-
ment or involuntary servitude, are derivable'
volved in this grant, or whatever is required
to make effectual the protection here pro-
missed, may be assured by the United States,
upon the principles heretofore announced.
But it will hardly be contended that con-
spiracy of two or more persons to beat,
wound, or kill any person, white or black,
is conspiracy to deprive him of any right
granted or secured by this article. If it is,
then there is scarcely any offence whatever,