Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1875-03-28
BUTLER On THE CIVIL RIGHTS
TIL

f. Butler to Robert Harlan, OF Gin
cihnati, upon the Civil Rights bill
Butler was one Of the strongest sup
porters OF the measure and his defini.
ton OF the real purpose and ultimate
effect Of the enactment Is clear n to
the point. The law in his opinion
merely confirms the rights already
possessed by the colored man at COM
mon law, giving him simply
greater power to enforce them when
denied. The writer's construction of
the law is far more candid and liberal
than could reasonably be expected
from the great Radical legislator, and
more so, perhaps, than will prove ac-
ceptable to many members of his
party:
WASHINGTON, March IS, 1875.
SIR: I have the pleasure 10 acknOwl-
edge receipt of yours OF the 18th, con-
tanning expressions of appreciation of
nv efforts in behalfo the Civil Rights
hill, for which accept my thanks. You
further ask, "Will you he kind enough
to inform the If c6fored men are en-
titled to the privileges of saloons and
barber shops under its provisions 2"
An Unenvied Privilege.
To this / answer: ] understand by
"saloons," you mean drinking sa-
looms, and am happy to say that the
Civil Rights bill does not give any
right to u colored man to go into a
drinking saloon without the leave of
the proprietor, and am very glad that
it does not. arl willing TO concede.
as a friend to the colored man, that the
Will g race may have, at least, this one
superior ~privilegetO the colored
that they can drink in bar-rooms and
saloons, and I never shall do anything
to interfere with the exercise'of that
high and distinctive priviies
would not advocate a bill which s ..uld
give that right 10 the colored man. II
were to vote for any bill on this
subject at all, 1t would be one to keep
the colored IA out Of the drinking
saloons; and l hope M barkeeper will
ever let a coiOred ma have a glass of
liquor at any bar open for drink
ing. Indeed, ] should he glad,
whenever q cOlored man should 60 into
q drinking saloon for the purpose of
drinking Mt the bar, il somebody
would at once take him and ppt him
out, doing him rs little injury as pos
sible. He could do the colored man
Io greater kindness.
AS to the other branch of your ques-
ton. in reference to barber shops, let
me say that the trade of a barber is
like any other trade, to he carried on
by the man who Is engaged in it a. his
own will and pleasure, and the Civil
tights hill has nothing to do, AMI was
intended to have nothing to do, with
It's exercise. A barber has a right to
shave whom he pleases, as much as
jeweler has a right to repair u watch
for whom he p~leases, or blacksmith
tn shoe such colored horses as he
pleases. In other words, these are not
public employments, but private bust
!, meas, in which the law does not in
~tarfere.
From time immemorial all men have
had equal rights at the common law in
places of public amusement, in public
cOuvevances and in inns or licensed
taverns because all such business was
for the public under special privileges
granted by the Go lernment. The the
ater and like public amusements were
licensed nv the public authorities and
projected by the police. The public
conveyances usei the kings highway.
The public inn had the special privi-
lege or q lien or claim upon the bag
gage or other property of any traveller
using it for his keep; and If any man
was refused, while behaving himself
we'll and paving his fare. a seat in any
place of public amusement. or carriage
by public conveyance, or shelter in a
public inn. he had at common" law a
right of actor. against the partv'sO re-
RroSu0 Tho civil RIGHTS Mill OnlV
confirms these rights of all citizens to
the col0red mar in consideration Of the
prejudice against him and an attemp.
IN certain parts of the country to inter-
fere with the exercise of those common
law rights, and has enacted a penalty
as a means of enforcing the right in his
behalf in onsideration of his helpless
and dependent condition. The Civil
Rights bill has moi altered the colored
mans rights at all from what they were
before under the common law applica-
BILE tn nearly every State In the Union.
1t has only given him a greater power
to enforce that right to meet the ext
kency Of combined efforts to deprive
c0lored citizens of 1t; and all idea that
the Civil ri ghts bill allows h colored
m ,n to force himself into any mans
shop or any mans private house or
4tbtO ally OhtiItS AtOuoos 'V"'o
Or establishment other than those |
have named is simply an exhibition of
ignorance as we'll as, in some cases, OF
insutferable prejudice and malignity:
And while I would sustain any cnlored
man in firmly and properly insisting
upon his rights under the Civil Rights
bill, which were his at common law.
as they were the right Of every citizen.
yet I should oppose to the utmost OF
my power any xttemp. on the part of
any colored men to 8 the Civil Rights
bill AZ pretenco to interfere with the
private business Of private parties. II
Il beneath the dignity of any colored
mar so 70 do, and all acts, such rs
shutting him out from drinking sa
Icons, may he well left to the ignorant
and generally vicious men who keep
shem rs a badge of their superiority to
= the coinred race.
~ II have the honor to be, &C..
BENJAMIN r. BUTLER.
Robert Harlan, ESQ. Cincinnati, o.