The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1875-06-17

Sa
certain privileges and lmmu.
titles distinct from the other. and that
the first clause of section one, OF the
Fourteenth amendment, prohibited state
legislation from abridging the privileges !
and immunities of the citizens Of the |
United States only, and did not deprive
the State governments from regulating
and controlling the great fundamental
rights ofman, which belong to every citi-
zen of State, embracing nearly all the
civil and political rights, for the protec-
ton and enforcement of which State
governments are established. 1t decided,
therefore, that the right to slaughter
animals within the city Of Now Orleans
was not privilege or immunity, owing
it's existence to the Federal Government,
it's constitution, or its laws; and that
charter giving exclusive privileges to
corporation in regard to slaughterng
animals, was not in violatl On OF the four-
teenth amendment.
"There was no question raised nor de-
cided in regard to the power OF ieglsia'
ton by Congress under this amendment.
It was the constitutionality of an inter-
nal police regulation of State that was
before the court, and the law creating
the corporation was sustained.
81 call your attention to this case for
the reason that several distinguished fed
eral district judges and one eminent CIR
cult Judge, in instructing grand Jurles
upon the presentation of a similar ques'
ton, have considered that the interpre'
tation by the United States supreme
court of the first section of the fourteenth
amendment is q judgment against the
Iconstitutionality of the law under consld-
leration, and have, therefore, given a neg
alive reply to the question propounded.
With great respect for the opinions OF
these Judges, l cannot assent to their
conclusions, and while I have no sympa
thy with this kind of Congressional legls
} lation. and believe that the State govern
ment should punish all wrongs or out
RACES of this character committed within
, it's limits, still I think that where race
, color, nativity, and religious or poltlca
belief furnishes the only reason Tor IN
| commission of such wrong or outrage
. proper occasion arises for the exercise Q
! the power of Congress under this amend
: ment.
1.-The objection urged against sch LAY
. is that it seeks to punish in the Fedora
lcourts q violation of certain privilege
(which pertain to State citizenship.
ut is not doubted that the punishmer
!, of ordinary offenses against persons {
any race belongs to the State government
q They were created for the purpose OF pr
- tecting life, liberty, and the pursuit Of il
t. divldual happiness, and should legisla1
70 for this object; yet, as the fourteent
- amendment creates citizenship. and qua
antees the equality Of all citizens befo
the law, l think Congress can provide 4
~ the punishment of individuals Who d
Al priye any person of the enjoyment OF Il
- rights of citizenship and Of legal equali'
4 solely on account Of race OF color.
% "These rights and privileges are derive
d from the Federal Government, and a
IT under it's protection.
ID cit will be conceded, I think, that Sta
SC legislation making it an offense to refu
r. the enjoyment Of hotel Accommodate
a. to white persons and permitting the
be clusion Of all other persons would be
he pugnant to the amendment. If so, ca
ly not Congress interpose until some U
friendly and discriminating State law
passed! Must it con6ne its action
be correct obnoxious legislation and not
ed strain individuals!
ry "In the case Of NJ Culloch VS.. the Sta
70, of Maryland (4th Wheaton, pages 4OO-4'
m the construction Of the grant Of legis
his tive power under the constitution, a
OF stood before the recent amendments,
on fully discussed, and it was decided tt
ev- within the grant Of power to Congress
'es, purposes Of legislation it may select
the proper means of effecting the object
on view, and may adopt any which mil
be appropriate and which "
q. conducive to the end. Applying
reasoning Of the court to this case, VIII
Ind the express power to enforce the pro
as ions of the amendment is given IN
fifth section, it seems to me that Z
1t gress can legislate evun though 81
nth mad passed no obnoxious law, and
the also, in advance, by such enactments q
ton NAV deem suitable and necessary. rem
GER the evil against which this amendm
oy proposes to guard.
nact "If the opinion in that case corre
era represents the extent of Congressi'
Legislation, the power Of Congress Cal
snes exerted directly to put down all QUIT
cept or discrimination on the part of indi
our uals when the motive originates onl
NJ race or color.
81 do not deem it necessary, at
,.ss time, to more fully discuss this ques'
.,so The Law, in my opinion, IS constitu
: ofl al.''
t Of The grand jury then retired and
quail court took recess untn
sons time they again came into court and
The sented several indictments, and wen
mert for further business.
ural-
ms of The election Of DR.. Eccleston
State Episcopal Bishop Of Iowa has result
shall serious quarrel. A majority Of "a
h>vo pAfrncnA IN Sl0n TIL