New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-07-26

10 PROVIDE e0At IoWAlSa Suel1 w ptOcou IA
oneclass Of schools and males in another.
Mr.. Morton-When the Senator comedies
that the exclusion of colOred children from
schools is violation OF the fourteenth
amendment, it occurs to me that, he
has conceded all that we can ask. The
argument of the Senator from Ohio is gone.
The Senator then does eOncede the ground
that the fourteenth amendment was intend
ed to destroy all inequality among races to
make all equal before the law.
Mr.. Merrimon-I do not concede that
The constitutional provision to which the
Senator refers is intended to destroy all in
CAPABILITIES, and the possibility of inequality,
between the races on account of race OF
color in go far as it pertains to voting, nc
further. There is no provision in any Of the
amendments to the constitution that looks
to the abrogatiOn of any other distinction
that State may see proper to establish.
Mr.. Morton-That statement of my friend
think withdraws the statement that he
made awhile ago.
Mr.. Merrimon-I think not l say tina,
the State Legislature can not pass Law
providing that white children should be-
educated, and that colored children should
not be, because that would deny the equal
protection of the laws. But when it affords
the same provision, the same measure, the
same character for the cOlOred race that il
afforded for the white race, there is no more
discrimination against one race than there
is against the other; and, therefore, it is
competent for the Legislature to do it,
there being no restriction on such power
in the constitution Of the United States.
Mr.. Morton-My friends argument then
comes to this, that under the fourteenth
amendment the State must make equal pro-
vision for the children of both races, and il
there be any inequality in the benefits, then
it is violation of the fourteenth amend
Ment. 1t brings him down to the POSSIBLE.
ity of making separate and distinct schools
precisely equal in point of benefit.
Mr.. President, to go on with the general
argument, tue common school is public
institution, as much 80 as q court of justice.
1t is supported at public expense; it is reg
ulated by law; it is organized and conduct.
ed for the highest possible considerations.
1t is in every sense public institution, and
the benefit Of that must be extended to the
children Of both races or the constitution is
violated. As l said before, the States are
left free to establish common schools or
not; but It they do establish them at public
expense they must extend their benefits
equally and in common to the children Of
all races; and so with regard to courts. The
States are not bound to establish courts,
but if they do they must extend the beueGt
Of those courts to people Of all cOlors and
all races. This is the great purpose, the
spirit and the body Of the fourteenth
amendment.
1t is hardly necessary to protract the ar
gument. If it be conceded now, as it must
be on all hands, that colored children can
not be denied the benefit of common schools
without violation of the fourteenth amend
ment, and that Congress has the power to
enforce that amendment by such legislation
as in the judgment of Congress and not of
the courts is suitable and proper for that
purpose, then the argument is at an end,
and there is no necessity for prosecuting it
one minute further.
The fourteenth amendment declares that
no State shall make or enforce any law
which shall abridge the franchises Of ciri-
gems of the United States. Now, sir, what
are the franchises of citizens! The Senator
from Ohio yesterday entered into long
and labored argument to prove that there
were franchises belonging to citizens of the
United States as such and to citizens Of the
State as such; that the United States could
enforce and protect those that belonged to
citizens of the United States as such, but
that the States are left free and untrammeled
to enforce or not those that belong to the
citizens OF the States as States. do not
dissent from his argument. l take the posi-
ton upon which he places himself. He ad-
mits, as the Supreme Court says in the
cases. that Congress has the
power to protect all citizens in the enjoy
ment of theil franchises as citizens of the
United States. What are those franchises
The right of citizen Of one State to go into
another State and there to enjoy all the
privileges and immunities of citizens Of
that State upon equal terms, is one Of the
highest franchises that belong to any man
os oifi # no toto
Mr.. MerrimOn-Just at that point beg
to renew the question propounded while
ago, and which seems to me directly in
point. Has man by virtue of his right as
q citizen of the United States a right to go
to public theatre!
Mr.. Morton-I should think he had.
Mr.. Merrimon-By virtue of his rights as
a citizen of the United States!
Mr.. MortOn-Yes, sir.
Mr.. MerrimOn-I do not want to disturb
my honorable friend, but suppose this case.
absolutely, then would citizen of another
State have the right to go there and estab
lish theatre!
Mr.. MOrtOn-A theatre is place Of pub
lie amusement. licensed by law, carried on
under the regulations according to which
theatres or such places are generally con-
Quoted, and it is place to which any de-
cent, respectable, welldressed person has a
right to be admitted; and any discrimina
ton against him on account of his color on
the part of the State where that theatre is
located is q discrimination which that State
is not allowed to make. So in regard to
in the stage-coach or upon the
cars. II State is at liberty to exclude a
colOred man from the cars on account of his
color. in travelling, then it has the power to
make an OdiOus discrimination because Of
race, the very thing that the fourteenth
amendment intended to stamp out.
Mr.. Merrion-Why did it not say so? The
says the States shall not make
az to the matter of voting,
but does not say SO as to anything else. l
ask my honorable friend what provision in
the constitution of the United States he
relies on to sustain his position in reference
to theaters!
Mr.. Morton-It was we'll understood In
the adoption of the fourteenth amendment
cover the right Of suffrage. Ny friend, l
think, will remember very readily by re-
ference to the next section that the right of
suffrage was not included in the fourteenth
l will now read that section
to show that that by intendment and by
expression was left to the control of the
States just as it had been before:
Representatives shall be apportioned
among the several States according to
their respective numbers, counting the
whole number of persons in each State,
Indians not taxed. But when
the right to vote at any election for the
choice of electors for President and Vice
President of the United States, Representa-
lives in Congress, the executive and judi
cial officers of State, or the members Of
the Legislature thereof, is denied to any Of
the male inhabitants of such State, being
twenty-one years of age, and citizens of the
United States, or in any way abridged,
except tor participation in rebellion or
other crime, the basis of representation