The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-04-08
THE CIVIL RIGHTS LAW.
5udye Emmons, Declares the Act Unconstitu'
tiona].

AS PROMISED IN QUO Aaso 'oouo, W. PAO
summary of the recent decision of Judge En-
mons, of Memphis, in his charge to the grand
sury of the United States Circuit Court:
Judge Emmons said: 1t is to be regretted
shat a question of such exceptional importance
and one that is producing so much excitement,
should come before the court IN this form. Al
an early day, however, and during the term,
ave are compelled to decide the matter you lay
before us. The several penalties imposed by
Ghis law upon prosecuting attorneys ana oGnef
.,f;cials will, we are advised, be attempted to
be enforced should the grand jury fail to lndlct,
nm assumption that their action will be con-
trolled by such officers, unless the court acts.
Every consideration makes it duty to answer
your questions at once, You ask Whetner IL Is
3 crime for which you have rght 10 nna an
Indictment that negro has been denied the
full and equal enjoyment of the accommoda-
1ions, advantages and privileges OF theaHes
.affanse over which Congress can give this court
jurisdiction. Those are matters which the
State Government alone controls. Parties
who think themselves aggrieved can orlng
their civil action in this court at once. ANY
decision we can then make can be reviewed oy
the Supreme Court BE then gives his reasons
for entering into the details of the case, which
are mainly the excited condition OF the classes
whom the law was intended to affect. Until
the three recent amendments to the national
constitution. which abolished slavery and at
tempted to protect the civil and political rights
of the freemen, all parties conceded that the
Federal Government had no power, whatever,
to restrain such an ofense as tins. Inc pun
ishment of murder, arson, assaults and bate
ries, tresspasses, frauds, injuries or reputatlon
obstruction to the right of attending cnurch,
public schools, theatres and forcing the rlgn1
of being accommodated in inns, and by con-
mon carriers within the State, were matters
not only not granted to the General Govern
nent, but in the Constitution itself expressly
reserved to the States The vastness OF clyil
and political rights included in the compendl-
ous phrase, "right of life, liberty and the pul,
su;t of happiness" rested entirely under State
protection. To this familiar and unquestioned
truisnn there was universal assent then, and Is
now. The only question presented for judicial
discrimination is, have these amendments COM
pletely reyolutionized the whole character OF
our Government, because, it is certainly EVIL
dent that, if Congress has the power OF regu'
latiug the theatre and other places OF amuse-
ment in Memphis and other cities of the Union,
this necessarily involves the power OF protect,
ing the more sacred and important .rlghtS OF
the colored citizen. He then reviews the thlr-
teenth amendment, and declares that it abol'
ished slavery and did no more. he also re-
views at great length, the fourteenth amend
ment, and says the clauses forbidding States 10
deprive any person of life, liberty or property,
without due process of law, or denying to any
person the equal protection of the law. nave
no application to this subject. They are laten.
ded solely to prevent the arbitrary transfer OF u
property from citizen to citizen without legal
adjudication or process and prevent the estao-
lishnent of tribunals for one class of persons
VARYING from those which determine the rights
of all. These inhibitions, too, beyond all con-
troyersy, are aimed at the action of the State
only, and have no reference to indlylduais.
BE cites decisions in Michigan and Ohio Ill
support of this, and also the slaughter house
cases of the Supreme Court-Sixteenth! wal
lace-and then deals at great length with the
outrages against the colored race, and expresses
his sympathy with that large and respectable
class of our fellow-citizens, including 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 those
mean and cowardly murders.