Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-03-23
BCTLEP on CIVIL RIGHTS.

WASHINGTON, March is, 1875.
SRI have the pleasure to acknowledge the re
cept of yours of the l4th containing expressions Of
appreciation of my efforts in behalf of the Civil
Rights bill, for which accept my thanks. You
further ask, "Will you be kind enough to inform
me if colored men are entitled to the privileges Of
saloons and barber shops under its provisions ,"
To this answer: Il understand by "saloons,"
you mean drinking saloons, and am happy to say
that the Civil Rights bill does not give any right
without the leave Of the proprietor, and am very
glad that it does not. am willing to concede, as
a friend to the colored man, that the white race
may have at least this one superior privilege
to the colored man, that they can drink in bar
rooms and saloons, and never shall do anything
to interfere with the exercise Of that high and dis
tinctive privilege. 1 would not advocate bill
which should give that right to the coored man.
If were to vote for any bill this subject at all,
it would be one to keep the colored man out of the
drinking saloons; and hope no barkeeper will
ever let colored man have glass of liquor at any
bar open for drinking. Indeed l should be glad,
whenever a colored man should 60 into drinking
saloon for the purpose of drinking at the bar if
somebody would al once take him and put HIM out,
doing him as little injury as possible. lie could do
the colored man no greater kindness.
As to the other branch of your question, IN ref
erence to barber Shops let me say that the trade
of barber is like any other trade to be carried on
by the man who is engaged in it at his own will
and pleasure and the Civil Rights bill has nothing
to do, with its exercise. A barber has a right to
| shave whom he pleases as much as a Jeweller
| has right to repair watch for whom ne
| plcases, or blacksmith to shoe such colorcd
horses as he pleases In other words, these are
not public employments, but private business, IN
which the law does not interfere.
From time immemorial all men have had equal
rights at the common law in places Of public
amusement, in public conveyances and IN inns or
licensed taverns, because all such business was fol
the public under special privileges granted by the
| government. The theatre and like public amuse.
ments were licensed by the public authorities and
protected by the police. The public conveyances
used the Kings highway. The public inn had the
special privilege of a lien or claim upon the bag
gage or other property of any traveller using 1t
| for his keep; and ii any man was refused, while
behaving himself well and paying his fare, a seat
| in any place Of public amusement, or carriage by
public conveyance, or shelter in public inn, he
had at common law right of action against the
party SO refusing. The Civil Rights bill only con-
films these rights of all citizens to the colored man
in consideration of the prejudice against him and
an attempt in certain parts Of the country to inter
fere with the exercise of those common law rights
and has enacted penalty as a means Of enforcing
the right in his behalf in consideration OF his help
less and dependent condition. The Civil Rights
bill has not altered the colored mans rights al all
from what they were before under the common
law apple able to nearly every State in the Union
lthas only given HIM greater powerfo enforce that
| right and to meet the exgency of combined effort
to deprive colored citizens of it and all idea that
the Civil Rights bill allows the colored man to
force himself into any mans shop or into any
mans private house or into any eating house,
boarding house establishment other than those
have named, is simply an exhibition of ignorance
as well as in some cases, of insufferable prejudice
and malignity. And while l would sustain any
colored man in firmly and properly insisting upon
his rights under the Civil Rights bill, which were
his at common law, they were the right OF every
citizen, yet should oppose to the utmost Of my
power any attempt on the part Of the colored men
to the Civil Rights bill as pretence to inter
fere with the private business of private parties.
It is beneath the dignity of any colored man so to
do, and all acts, such as shutting him out from
drinking saloons. may be well left to the ignorant
and generally vicious men who keep them, as
badge of their superiority to the colored race.
have the honor to be, &c,
BENJAMIN F. BUTLER.
Robert Harlan Esq, Cincinnati, Ohio.