New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-01
pc established by the highest judicial tribunal OF tee
Union THIS bill is entitled. An act 70 proseet an GU.
Ems In THAR civ n and legal rghts but the hrst section


All persons within Jurisdiction Of the United state. aha, Be
sss e and privileges Sn public land or
-, s1d i b. law
AID COLOR regardless oil any pe"oa'
II the phrase "wthn the Jurisdiction Of the United
States means the same thing as subject 10 tne uls
dct,on Of the United states then the bill does not pro-
vide for Indians living In tribal relations wtn tne
United States but does proyuo o .of CbnaTen and all
unnaturazed foreigners found WITHIN tno Cn.i sh,
States Now it were q, mi o sSss taes should be
entertained inns ana amused at theaters upon ".a
Hsa Of can state To provide for the and
recreation OF persons VINO are neither CITIZENS % u
must il be To maintain the right which this ACT is
intended protect is right which pertains 70
IS protected IL not citizen Of the United States But
according TO the decision Of the Supreme Court no g
can be protected by act Of Congress except rKut
which perlans TO citizen of the United states as sucn
czen and hence 1t follows that an attempt on inc part
OF Congress make such provision on beha Oh stray
bands of savages unnaturazed foreigners as ms p
attempts is without any constitutional warrant WHAT
But passing by the objection to the persons IN,
tended to be benefited let the rights which are "a
q be secured bill be examined win W
determine whether they are rights belonging 10 tne
individual in his character as cltzen Oh te n
states as distinguished from his rights as cltLen OF
State. The first provision relates 10 lns anu ihcnuT
every which any citizen, OF Newiorx iT on I'M IN
lance shall apply for Accommodations AT an Inn III
that State. AS before remarked 1t may DO ihat
under the power to regulate ss nqoyas hst
citizen going from one stale into another in the prose
oution OF commerce. should wn $50 80 en y srnnose
citizen Of NewYork residing IN Albany goes 70 New
In doing So no is engaged in commerce wholly WITHIN
that State Can 1t be said that he Is so IN virtue
OF his citizenship OF the United staes rosecu,Inp
such commerce 1t would seem that sucn person "UuS 30
that state. Take the case OF theaters, and sup
pose citizen OF the State OF New-!orH apphfSe
for admission into theater OF that CITY. IN
doing so he exercises right which pertains to him as
cillzen of the United states as ro
his right as a of the State OF NewYorkt AS 10
common carriers as have before said, the provisions
Of bill might be sustained il c0nhued 10 sucn u
engaged in such commerce as IS subject 10 tn
Jurisdiction Congress But II is manifest tnat tne
provisions OF the bill are not so RESTRICTED Inc D
case OF transportation between hnt vean
Albany well case Of transportation od
Orleans and NewYork, and the bl Is clearly nd
freight. The Attn section OF the bill is as iolowsi ~
NAV SfS ne lcat S & Be- Gaaadsd or grand
court Of the uoea S'ae Or o. sa oT oeer
with day in the selection Or non
sloTesad conviction thereof be deemed guilty OF n'i
There no doubt OF the power OF Congress 10 provue
who shall be eligible TO serve as Jurors IN feaG Ill
court aud already declared that colored men sn
DO eligible. Bat has Congress- power 70 proNus Tn1
shall eligible jurors in state court Lev
Vision 70 secure to citizens Of the United states right
OF trial before jury constituted IN particular WY,
but to secure citizens OF tho United states the rEh u
serve DIS Jurors in State court In tue ral OF cshs U
inhabitants OF State The Supreme COurt oI , ,ns
limited STATES in the 10th Waaces reports page 1885,
decided that citizen OF the United states as sucn was
entitled to practice as an attorney IN .ne G0ur :"
State; and speaking of the Fourteenth Amenunie"' %
that amendment counsel for The pana in me eoS'
truly says cersl privileges and Rmlal wen De-
of the United sa.es as such oiheSe y wS1 Scm
sbrdgDg them; and he proceeds to argue mat ne s,.
Ter is one o. those rights which may not den' In this .ites
we are 10. able to eSne1r WIN TO s he
United States in that relation and ehalscIer ana ~
the Of State not one ~ he'e' AS sA' " Nv
sense depends cdSenshp Of the United States
At the conclusion of Mr. CARPENTERS speech a
brief cOlloauy took place between him aud Nj. MOh-
TON the Litter repeating his argument OF YESTERDAY,
that the exclusion OF coOred men from lhe jury pSA
was denial the rights and privileges guaranteed DS
the Fourteenth Amendment. ...oo,,,, ,,o,,.
to any law OF any Southern State which prohibited
colored men from sitting on j9ries q, nm, oo,o,od
Mr. PATTERSON rep. s. O. ina nred II any eoioreu
could Sit on jury in Georgia -.
Mr.. GORDON replied that any man could SIT Oh aJury
in that stale VINO was upright and intelligent.
Mr. PATTERSON said 1t was a fact that no colored
man Mr. eVSG the senator is Better
formed than l AIN about Georgia say colored men
Mr.. PATTERSON inquired when and where they had
served.
Mr. PATlERs0N-Is he a Democrats
Mr.. GORDON-He is Il Democrat.
Mr.. EATON Dem.. Conn., inquired if colored men
were allowed on jqries III Indiana.
Mr.. NORTON understand they are.
MIR. MORION-Well, L can't say. have not pTacticed
Mr.. EATON then explained how jurors were selected
in his state ana said the passage OF such mn as
persons duty it to select jurors TO select col
ored people Men were selected there according 10
Mr.. MORTON SAID 1t would not make men OF the
political fan the Senator lr Eaton) select theni
but men OF different political iat woud 90 H. o.,
Mr.. EATON SAID he did not say men OF his political
wOIld not do IT, bat that the passage OF this law
woud not compel them TO do It, In reply to question
from from Mr. Logan Mr.. Eaton said they had lne word
wniie III the Constitution OF his State, but IL was not
Mr. DENNIS Dem. Md said the Senator'S had no
doubt made up tner minds and he did not propose TO
enter upon extended argument on the DILL but he
desired TO enter his solemn protest against It's passage
only account of Its unconstitutonalty, but be-
cause IL TcpuSnant to his people and 10 q great
majority OF the people OF the country.
Mr. HAMILTON Dem, Md said the Senator from
Indiana (hlr. MOrtOu) had admitted that the states
would prescribe qualifications for Jurors and might say
should be juror VINO could not read and write
IL that test be made by the States at one fell swOop
3999OOO0 OF the 100000 negroes would be disqualified
He Or HamltOu) OOeclod TO the second portion OF the
crime now lie spoke OF the constitutional objections
to the Di, and SAID he held prejudice against the
gethrr III social equality Mr.. Hamilton concluded at
oclOck the hour wDicn was agreed upon on thursday
evening the tine wnen the amendments should
be discussed under the five minutes rule.
MI PATTERSON rep, s. ca said he desired 10 speak
in favor OF the OIL and asked the time for debate
be extended one hour but objection was made. The
tue section in regard TO the selection of jurors, 50
should not apply to state courts
raised against eOnstiiutonallty OF the b aud si9
jurors were State olcYo there might be somethlng9
objections raised tne Senators of the other SIDE or
the chamber but 1t had never been claimed that they
officers They were more like witnesses. lie mad
10 cJty in saying that under the Fourteenth Amend
men Congress had the 10 tnat STATE courts
should exclude from the jury Oh ac-
count OF race or c0lor.
Tho amendment Of Mr.. THURMAN was rejected, yeas,
49, nays, 40. follows: Republicans in Roman Dem
oerats III Italics, Liberal Republicans in small capitalist
IKSt
Bdyard, Perry Comb Lewis. scHrRt
IOJg GOiiliUate. McCrGerg sprAgue
Carpenter, GoTd0l, 9IeTrlh0H' Sbeen'on
Conner AOr0OOd, Stockton,
DlTS Hamilton (Nd.) Rdnsom ThurmdH,
DeaRts HAMILTON (feI lSIHlsbug, TlPTOS-26