The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1875-04-09
CIVIL RIGHTS.
Judge Emmons' Charge 60 the Memphis
Grand Lury.

Judge Emmons' Charge co the Memphis
Grand Jury.
NENrms, Tenn, March 23.-.Judp,
EmmOns, of the United States Court, TO
day delivered ana elaborate and exhaustive
charge 10 the Grand jury in reference e
civil rights. He says:
Ii Is to be- regretted that question ol
such exceptional importance. and one
which l. producing so much interest
should come before court in this form. Al
an early day, however. and during thi.
trnl. We are compelled Ia decide the mat.
on lay before Us. The severe penal.
dee imposed by the law upon prosecuting
attorneys and other officials will, We arr
adyiscd, be- attempted 10 be- enforced
should the Grand Jury decide 10 indict I'm
the assumption that their action will be
controlled bv such offers. unless the court
acts Every consideration makes il my
duty 20 answer your question al once.
You ask whether II Is a crime for which
you have right 10 find an indictment
that a negro has been denied full and
equal enjoyment of the accommodations.
advantages, facilities, and privileges of
theaters, and was Of the State. such de-
MAI is not an offense over which Congress
can give this court jurisdiction. These
are matters which the State Government
alone can control. Parties who think
themselves aggrieved can bring their civil
action in this court at once. ANY decision
We then make can be reviewed by the Su-
preme Court.
He then gives his reasons for entering
into the details OF the case. which are
mainly an excited condition of the classes
whom the law was intended Ia affect un-
der the three recent amendments To the
National Constitution, which abolished
slavery and attempted 10 protect the civil
and political rights of freedmen. All par
ties conceded that the Federal Government
had no power whatever 10 restrain such am
offense as this. The punishment of muir
der, arson. assaults and batteries. tres
passes, frauds, injuries to reputation, of
obstruction TO right of attending church.
public schools, theaters, and forcing the
right of being accommodated in inns and
by common carriers within the State were
matters not only not granted TO the Cen
eral Government, but i'm the Constitution
Itself Is expressly reserved TO States the
vast mass OF civil and political rights in
Guided in the compendious phrase, Right
10 life, liberty and the pursuit of happi-
ness" To this familiar and unquestionel
truism there was universal assent then.
and is now. The only question presented
for Judicial determination is, Have these
amendments completely revolutionized
the whole character of our Government ?
because il il entirely evident that If Con-
gress has the power OF regulating The
theater and other ri-ces of amusements i'm
Memphis and other cities of the Union, /
this necessarily involves the powers OF pro- I
tecting the more sacred and important 4
rights Of the colored citizens.
lie then reviews the Thirteenth amend 4
ment and declares il abolished slavery and 4
did no more He also reviews at great \
length the Fourteenth amendment, and 4
says the clauses forbidding States 10 de-
priye any person of life. liberty. or prop
crty. without due process OF law, or deny
to any person equal protection of the laws.
have no application 10 the subject. They
are intended solely TO prevent the transfer
OF property from citizen 10 citizen without
legal adjudication or process, and prevent
the establishment of tribunals for one class
OF per sons varying from those which de-
termined the rights Of all. These inhibi-
tons. too. beyond all controversy, are
aimed at the action OF the State only. and
have no reference TO individuals. [Deci-
sion in Michigan and Ohio in support of
this, and also the Slaughterhousc cases OF
the supreme Court, 10th Wallace
He then deals AZ great length with the
outragrs against the cOlored race. and ex
presses his sympathy with that large and
respectable class of our fellow-citizens. in
cludi1g beyond question majority OF the
more conservative Christian gentlemen Of
the South. who regret that there exists
nowhere in either government. State or
national, the power Of Furnishing these
mean and cowardly murderers.