The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-06-07
SOCIAL EQUALITY.
DECUIR VS.. THE GOVERNOR ALLEN-JOsEPH
VS.. BIDwELL.
NUMBER ".

right, for society or It's government TO intel
fere with or prevent the use of his trade 0
profession, which is as much his proper a
his houses and lands are; and it is anothe
and Independent infraction of the sacre'
provision, that No person shall be deprlve'
of life, liberty or property without due pro
cess Of law"
The very object Of forming society, as ha
! been remarked was to secure exemption
| from such interference. The citizen has al
original, Inherent and indeteasible right t.
pursue his calling as he pleases, with whom
he pleases, aud for such compensation as h
| pleases He can receive, entertain. patro
nize, accommodate, or make transactions
with whom he Will.
| 1t is of the very nature of business Gas
every young man learning it IS taught) t.
soudy the characteristics Of people and the
prevailing convictions, tastes, prejudices.
habits, customs. and even whllDs and
caprices-aye, and even conform to. humor,
and reap profit from them. Restraining a
citizen from doing So is restraining liberty
Our new despots pretend that these laws
are made to protect negroes from ''preju-
dice" of the whites. What a reason! That
which calls BIS prejudice, the latter calls
his conviction. He thinks he has studied
history and ethnology for ten, twenty, OF
thirty years These run on all tours with
his experience and observation, to the con
clnsion that the negro is inferior; and his
belief call it prejudice if you will, and ban
it by law is, that the social equality Of the
said negro, AMI its sequence mongrellsm,
are degrading, if not destructive to society,
a crime against humanity, and an abomina-
ton to God!
To call our opponents sentiments and be
liefs prejudices, and proceed with govern
mental power to declare them illegal, is the
worst form of begging the question. 1t is
the argument of the conqueror ana robber.
Numbers and force carried to the one side
in a controversy do not make the opposite
ideas "prejudices," in the sense before us.
But if they do, have not people as much
right to their prejudices as to their tastes,
feelings, good looks, or anything else their
owne Ii Legislators can eliminate preju-
dices, why should not the government in
the future root ont obnoxious habits, Gus
toms, manners, and sentiments' Why not
legisIate a change of morals or soul9 Why
not create man anew But let Us pass on
The new Soons of Louisiana have got
out of the field Of legislation. If argument,
moral influence, and example, cannot, in
free countries, vanquish prejudces, wrong
sentiments and Initiated tastes, these must
stand and those who suffer from them
must either submit or migrate. 1t is often
limited to the whites to leave the country,
if they do not like certain things. This is
good rule; it works both ways
The truth is, neither society nor its legis-
lature has any right to restrict a citizens
freedom in the use of his place of business,
or in the exercise Of his calling, as long as
he obeys valid laws, and respects the rights
of others.
w. The private place of business where
a private citizen carries on hi, private trade
or profession cannot, by legislation, be made
a place Of public character Legislators
cannot make. unmake or alter facts; and it
might as we'll be attempted to max night
Of day, or gold of sand, by law, as, by such
process, TO change mans private papers,
purse, property, business or place of bust
ness, to public Here are the very words Of
this astounding attempt: "And all places
Of business shall be deemed places
of a public character, and shall be open to
the accommodation and patronage" Of
blacks and whites alike.
1t is fact that am private citizen,
engaged in private pursuit, for private
interest, in a private place of business, and
the latter to he "a place of public
and giving men a right to
9 deem it so, and act accordingly is only
adding legislative robbery to legislative
untruth
v. There is no power in the State, the
parish, or tho town, to grant or withhold
permission to pursue ones lawful calling,
lnless it is some business that may affect
public order, morals, or safety.
As we have seen, article - Of the Consti- |
tuition of 1865, provides that all places of
business, of public resort, or for which a
license is required, by either State, paris'
n town, shall be deemed places OF q public
character, and shall be open to the accom-
and patronage of blacks and |
whites alike.
And section 1899, of the Revised Statutes,
declares that all licenses hereafter granted
o persons engaged in business or in keep
NJ places Of public resort shall contain
he express provision, that the place of
business and public resort, shall be open to
he accommodation and patronage of all
ersons, blacks and whites alike. And any
erson, who shall violate the condition Of
uch license, shall on conviction thereof, be
unished by forfeiture of his license; aud
is place of business or of public resort
hall be closed. A similar penalty is in
icted for the non payment Of the price de-
landed for the permission to labor at ones
.Iing and earn his bread See act 81 OF
so.
In other words tho ruling servants and
gents say to their masters and principals,
10 people: "Do as we command in these
vii matters, or your shops shall be shut,
our labor stopped, and your families
arved.' Here again is a deprival Of
'operty " without due process of law
I'd the principle Of action is African rather !
an republican. !
Let rs look at the purpose and legal in |
mt and effect of licenses. They are intend !
for those cases where the public safety, |
orals, aud order require the protective and
ling agency, called the Government, to 8
ercise discretion, and permit, or if obiec-
,nable, prohibit certain acts to be done, a
businesses carried on, e. G. theatres, cir I
sos, shows, bar-rooms, and sometimes gam !.
ing and bawdy houses, etc. !; or where .
ere are explosive forces harnessed down, 7
lich involve peril, Q. G., the exhibition of q
eworks, the manufacture of chemicals,
0 sale of gunpowder, marriage, etc. But c
was never dreamed that the Government q
d the right to permit or prohibit TIE car q
ing on Of the ordinary vocations Of life,
lere nubliC safety order or morals ara not II