Middletown transcript., 1875-04-03
The Death Of Civil Rights

The Civil Rights law is practically 8
failure. 1t was not only unnecessary,
but chimerical. Already large mum.
Der Of adverse legal decisions have beer
rendered, and more are certain to fol.
low. 1t was declared unconstitutionaI
before its passage.
The general good sense Of the color
ed people is to be commended, although
there are exceptions. and wherever
they occur, the result is an increase
rather than diminution of prejudice.
The decision Of Judge Emmons, ol
the United States Court at Memphis,
of which we made mention a few days
since. satisfactorily corroborate the
opinions of its ablest opponents of the
bill in the Senate and Congress. The
Baltimore Sun, one of the ablest of eur
exchanges, commenting upon the deei-
sion, says:
"What makes this opinion Of Judge
Emmons more significant and striking
is the fact that in passing upon the law
he does not pretend to disguise his
strong Republican and anti-Seuthern
sympathiss. He was requested by the
grand jury of the United States Court
to instruct them in reference to their
right to find an Indictment in eases
where complaint was made of the denial
to person of color to full and equal en-
joyment of the accommodations, advan-
tages and facilities Of theatres and inns. ;
He tells them briefly that such denial
is not an offense over which Congress
can give the Court jurisdiction. Those
are matters which the State Government
alone can control He then proceeds
at length to give his reasons for so in
structing them, adding, significantly,
that any party aggrieved may, if SO
bring their civil action in his
Court at once; when any decision he
may render, will be subject to review
by the Supreme Court Of the United
States. Starting with the premise that
there is nothing in the Constitution,
before the adoption Of the recent amend
ments, to justify either Congress or the
Federal Courts in dealing with cases of
ordinary crime against person or prop
erty, or in assuming the regulations of
inns, theatres or common carriers with
in the States. He next proceeded to
inquire how far the amendments have
enlarged the legislative power of Con-
gress, or enabled it to confer additional
upon the Courts, in refer
snce to this subject. Taking for his
guide the late decisions Of the Supreme
Court, particularly that in the New
Orleans slaughter-house casss-so Of
ten referred to in these columus-he
finds that the right to equal accommo-
ETC., in inns, theatres and pub
lie conveyances. like the right to exer-
Else particular trades and callipgs with
IN State. does not belong to eitizen
of the United States as such, but only
by virtue Of his citizenship Of a partic-
nlar State. The only clause in either
of the constitutional amendments which
,an be quoted as sustaining the Civil
Rights bill. is the provision contained
in the fourteenth that no State shall
make or enforce any law which shall
abridgs the privileges and immunities
of citizens of the United States Hence
be holds that the Civil Rights bill is
void for want of power in the body
which passed it. 1t attempts to regu-
ate matters which are outside the pale
If federal legislation. and fall cxclu-
,ively within the Jurisdiction of the
several States ."-Phila. Chronicle.