, 1874-05-29
Views of q Southern Republic
can Thereon.
Dangors to The m0n-SCho0l Sys-
tenn Of the South.
The Bill Likely to Cause Ronowcl
Sectional Anlmosity.
How tho Bill 1s Regarded by the South
ern Press,


1t is announced By telegraph from Washington
that tho Civil Rights bill SO called, will probably
become law, unless like tho Imitation bill, It
,hall DO arroatod by tho Presidents veto. There
Arc many good pooplo who doubtloHa regard this
measure Ra tho keystone to tho arch Of Freedom,
without which tho structure will bo incomplete,
aud liable to topplo down. I respect tho proju-
dlcea Of sucll people. and propose, brlo1y, to
offor few suggestions in regard to lta real na-
turc, which may tend to change their viows, M
regards BONO prominent featuros Of 1t, at ieast.
Undoubtedly tho provision OF tho bill which
requires TINT oil mon, without regard to race,
ahall have equal privileges III all public convey
anccs, oyor public highways whethor by land or
water,
rs FOUNDED m EQUITY,
For. IN tho FIRST place. tho public highways
were mado through tho lands Of tho people,
Without tho consent Of individuals sometimes
through thoir folds, perhaps against their
wisloa. Thia right Of way Ia founded On, and
sanctioned by, tho notion that thu general vel
fare requires the individual sacrifice. So long,
therefore, as tho railroad compauioB maintain
tho exclusive monopoly Of running their own
eraiuH, thoy muHt and ought to, bo required to
transport all passengers swho can pay their way.
IN like manner as post-routos, established, and,
nlent, they should bo required to accommodate
Tho public, without distinction Of raco or oolor
It is equally clear TINT public schools endowed
~ thc stato or sustained by taxes, should afford
the Stato. But it by no noans follows that
each school should be open to any and all the
children within tho Hoiool-distrct. For on THIS
principle thoro could be no toinalo schools !;
pnoo be broken up by tho intrusion Of rudo boys
Yet females are only citizens, aud under tho
Constitutions, State and National they llayo no
moro right to exclusive privileges than meles.
II THERE'S therefore, public policy will Justify
,1adf tsmalss IN ia J., tho IT,, higher elaasos of
tutionnl, i cannot DO a1lcged TINT the education
Of othor classes Of citizens IL schools peculiar to
each ia otherwise than constitutional. Congress
should at onco tako tho high ground that scpa-
rate hchools and colleges for males md fomales
aro unconstitutional, or 1t should abandon the
right to intormeade !, with tho separate schools
S on pe ssto i W has he pne
to do. Congress can only intorforo for tho pur-
pose OF securing equal rights and opportunities
Of education. It is not pretended TINT tho South
ern ssates have dlecrminatcd against tho colorcd
race in tho provision mudo by then, for public
education, The intorforcnco Of Congroaa is.
therefore, tmpcrtinont, inquisitorial, and
ToLAr1vE or THE RESERVED CONSTITUTIONAL.
l. RIGHTS oF TIE gTATEB.
Tho General Governments gives no MD to tho
eonlnion school syst8ns OF the Southern Stntes-
certainly nouo to the older Of thoac States. There
Is, therefore, no protoxt for lntcrferonco. THOR
eysten,H have boen adopted voluntarily, mud de-
pend mainly on taxation. In several Of thom,
publio-school systems oxiasod many yearH before
Tho War, for tho education OF tho white raco.
Reoeutly thcao aystems have boon revived, with
tho addition Of IN equal provision for tho cdu-
cation OF tie oolorea race,y but In separate
schools. But tie Southern people arc not 30
wodlod to the oommon.school system as to aa-
horo to It At tho expense Of Bociai degradation.
II tho Civil Rights bill becomes Law, it's effect
aud eolorcd in all tho States which hare pre-
pondoranco OF wlites,--in all Of thom. indeed,
except South Caroliua and Florida, and, it mny
DO, Louisiana. The majority In Congress- hayo
measure; and their persistence in It argues
either spirit OF reckless domagogism or stupid
1anaticlsn.
THE MOST IRRITATING FEArunE
OF the bill, However, ia that which requires inn
koopers to entertain all comers, without rcgard
to race: There ia no shadow Of excuse for this
tyranntcnl interference With domestic affairs.
Inns arc as strictly private property as tho resi-
,1ss dsnees Of tho farmers. morohsnts. and other
or State, have no more right 10 force an unwoI-
come guest on IN innkeeper thnn On any other
citizen. Innkeepers enjoy no exclusive prlyi-
iego, g, IN this country, 70 Government patronage;
distinction consists in being taxed beyond what
other ctizens nro subjected to. What right.
then, has Congress or the State Legislature to
compel them to receive into their houses class
of people, whether white or colored, whom thoy
feel it adegradation to associate WITH None,
Will tho American people permit the dtmagoguea
III Congress- to supplant personal liberty By IN
enforced equality?
Tho old English common-law obligation i'm
posed on innkeepors, to entertain ill comers
who could pay their way, was founded in roaBop
That reason WAS tho fact that the innkcepor
lad monopoly Of his business. In that much
governed age when the law originated, inn.
Ieepers were protected by law against rivalry
traveng PUBLIC, man who should lsss set up rival s
establishment in tho town or ncighborhood be-
came liable to fine and imprisonment. Honco
the obligation imposed on the fortunate proprie-
tor OF tho yillage-iun to entertain oil travellers
who were ahle to pay thcir fare. In tho course
oi time tho monopoly ceaaed, and the obligation
will it, But, in spito Of tho legal maxim that
tue law ceaseH whom the reason for 1t oeaAes this
imposition GU innkeepers has continued in