Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-05-09
CIVIL RIGHTS.
A Summary Of Congressional Legis-
lati0n ON the Subject--Howt the Pend
ing Senate Bill Would Work.

Cincinnati Commercial, Mayo.
The vigorous discussion of the civil
rights bill in the Senate, calls renewed
attention of the country to the present
state of legislation, regarding the
rights and privileges of the cOlored
race. What was secured beyond DIS
pute or peradventure by the Thirteenth
and Fourteenth Amendments of the
Constitution, was the universal right Of
suffrage for black men, carrying with
it the right to hold Office if elected
thereto. 1t provides for the more eff
fectual enforcement of these constitu-
tional amendments by legislation. Two
civil rights acts have already been
passed by Congress, the first on the
9th of April, 1866, over the veto of
President johnson, and the second on
the Goth of April, 1871, approved by
President Grant.
By the first of these acts, "to protect
all persons in the United States in their
civil rights" all natives of this country
Except Indians) are declared to be cit
liens of the United States; and such
citizens, of every race and color, are
invested with rights to make and en-
force contracts, to give evidence and be
parties IN suits at law, TO inherit, pur-
chase, hold and convey real and per-
sonal property, and TO enjoy the full
and equal benefit of all laws for the
security of persons and property, with
out regard to any previous condition of
slavery or servitude. This act further
provides penalties by fine and impris-
onment for its attempted violation
The second act, passed in 1871, was
introduced mainly to prevent and pun
ISL Ku-Klux outrages upon colored
citizens. Its provisions to this end
were numerous and highly penal. That
portion of the act which empowered
the President to suspend the writ of
habeas corpus in the case of powerful
or armed combinations against the
rights of any part of the people, or the
freedom of elections, was limited IN its
operations to the end of the following
session of Congress.
And now comes the Judiciary Com
mittee of the United States Senate and
reports a supplementary civil rights
bill, not Mr.. Summers bill, pending
for so many years in that body but
bill which has received the sanction of
a majority of the committee, and is now
under discussion In the Senate.
The vital provisions of this act are
embodied in the first section, which
reads as follows:
THAT all persons within the jurisdie-
ton of the United States shall be en-
titled to the full and equal enjoyment
of the accommodations, advantages,
facilities and privileges of inns, public
eonyeyances on land or water, theaters
and other places of public amusement;
and also of common schools and pub
lie institutions of learning or benevo-
lence supported, In whole or in part, by
general taxation; and of cemeteries so
supported. subject only to the con-
ditions and limitations established by
law, and applicable alike to citizens of
every race and color, regardless of any
previous condition Of servitude."
Subsequent sections provide penal
ty for the denial of the privileges
above enumerated to citizens of any
race or color, of five hundred dollars
to the person aggrieved, and an addi-
tional fine of five hundred to one thou
sand dollars, and Imprisonment for
thirty days to one year, IN the discre-
ton of Court of the United States.
1t is provided that the District and
Circuit Courts of the United States
shall have cogniZance of all violations
of this act, to the exclusion of the
Courts of the several States. By an
other section it is declared that no citi-
zen shall be disqualified for service on
iuries on account Of race, color, or pre- |
vious condition of servitude.
These are all the material provisions |
of the bill 1t is notable that, while it |
aims to secure the co-educa,ion of |
blacks and whites in the common |
schools and higher institutiOnsof learn
ing, it makes no similar provision in |
regard to the religious privileges fur
nished by the churches. 1t is also
noteworthy that while colored persons |
are to be secured in the enjoyment of |
equal privileges in hotels, public as
semblies, public places of amusement,
and public conveyances, there is no at
tempt to enforce equality of rights as
to restaurants and drinking saloons. |
The bill therefore embodies on its face |
fatal inconsistency, an objection
which did not apply to the more sweep
ing civil rights bill of the late Senator |
Sumner.
The regulations as to separate or
mixed schools may safely be left to the
local legislation of the States. The
friends of this absolute equality. who
would efface every vestige of the exist
ing prejudice against color, and who
are so swift to efface it that they must
have a highly penal act of Congress to
do it with, would do well to consider
whether they may not actually preju-
dice the final triumph of the very cause
they espouse by these premature and
severe methods of promoting its
triumph. Public opinion, even in a
country so liberal and enlightened as
our own, is proverbially an uncertain