New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-01

controls" Inc JuuRc tnen sIiIou u"V """''
ordinary circumstances this reply would DC
all that he should make, but in view OF the
| exceptional conditions which attend the COM
plants before the Grand Jury and the excited
| state of those classes whom the law was IN
tended to affect, he would 90 further and give
IN simple and untcchncal way the reasons
upon which his advice rested. His position was
that until the three recent amendments TO the
| National Constitution, which abolished slavery
and attempted to protect the civil and pohti-
| cal rights Of the freedmen, all parties conceded
| that the Federal Government had no power
| whatever to restrain such an Ofenso "a tins.
! " The punishment of murder, arson, assaults
and batteries trespasses, frauds, injuries to
reputation, of distractions to the right OF
attending church, public schools and theaters.
and forcing the right of being accOmmo-
dated in inns. and by common carriers with
in the State, were matters not only not
granted to the General Government, but in
the Constitution itself expressly reserved to
20 the States. The vast mass of civil and
"poltical rights included in the compcndious
"phrase, the right of life, liberty, and the
"'pursuit of happiness rested entirely under
estate protection. To this familiar and un-
questioned truism there was universal assent
"then, and is now" 1t is urged, therefore,
| that if Congress has the powers assumed by
the Civil Rights bill, the whole character of
our government must have been revolution
| lied by the recent constitutional amendments.
Judge Emmons holds that the government
! has not been revolutionized, and that Con-
GreSs has not the power assumed. Tho Thir-
tecnth and Fifteenth Amendments certainly
gave no such authority, and the only prOvis
ion of the Fourteenth which affects the qucs-
ton is that which provides that "no State
shall make or enforce any law which shall
"abrdge tho privileges or immnnities of the
"ctizens of the United States" Upon this
provision the Judge has this to say:
In what are known as the saughrer-houSa cases 10th
Waacc) two points wero established First, that this
clause prohibited the acion OF the Safe alone and gave
Congress power legisate against the wrongs and
personal violence OF the oiz,n; second, that the priv
ile:es mmunitic' which state could not ahridge
were only that limited class which pended immedI
atcy upon the Constitution OF the United States. They
few in number aud OF Ete Importance to tho great
mass Of the c0loed their present condition. The
right to pass from Stats TO State and to .he National
capital TO protection upon the nigh seas an In foreign
countries and few Others were stated IA Illustrations
The great body OF civil and political rghts-thlt OF
acquiring ana enjoying property ted anu pcrsohhl w
trades tt:nl schools AMI churches, TO ba pro
cced against personal violence. ana enjoy the freedom
OF opnion-wcre declared entirely under State
protection. and not included IN tiis Amendment
Tie first prOpOsti,n-that the power OF Congress was
not called action under this claus, unril th5 State.
through its political power had violated It's provisions
by passing or attempting enforce some law-obtaned
the unanimous Of every member OF the court
We do not und rsClnd that This anywhere questioned
This ..tsli0n therefore, when eXgency has
occurred, is without auth ry and IL Is our duty for
this reason to advls, you not al indictment for
violation Of its provisions Tl3 second proposition,
Affirmed by mlJrity OF the court just as cOnclu5ycy
Establishes tho nvaiity or this law. The character OF
the wrong donc-that OF excluding a citizen from
hotel and = theatcr-is not such Congress has any
right punish. Tacy, SAY the Supreme Court ar, vio
Iations % such tights attach citZeIs OF STATE.
and b:lOnS to those which he eujys as citizen
Of the United ates. It this latter limited Class OF
ghts only which the Fourteenth Amendment protects.
Within tGi judgment, Therefore. there il no power OF
Federal legislation provide penalties for the violation
any privilege sIvo tho few which are enjoyed pecu
Harry under Federal Constitution. The right to
fom Stale to state visit the capital, and other Ma
tional privileges. Congress protect. All others.
among which are. the rights claimed TO have bc9n Ill
frnged in the present beyond its control
For this additional reason the law wHIch attempts TO
protect them is void the want OF power III tue body
Which passed 1t.
The tone OF the whole charge which we
have quoted shows that it is a calm express
sion of judicial opinion against the protest OF
political inclination, for the Judge even goes
so far as to hope that the Supreme Court may
yet find in the Thirteenth Amendment which
abolisheS Slavery, the first clause III the
Fourteenth, which creates citizenship, SO much
incidental power to protect what they create
as will sustain law furnishing crime commit
ted solely on account of the race or color OF
the person injured. After some words of
warning advice to lawleSs whites, and of de-
cided sympathy with the negroes who believe
themselves aggreyed, he uses tho following
language, which we copy with emphatic ap-
proyal:
In the present condition OF public opinion the remedy
should perhaps be ought through tho political action
OF the State only. have but small sympathy with the
right the negro to the mmoies and vulgar dis
pay in the baletdahce, which in modern tines uni
yrsally dsgraces the best thcatrcdl presentations.
wond have selected some precious anl bcnehcent
privilege protection If the power had existed. We
turn from this almost crotesqne exercise of national
orty ana express our regret only that IT cannot he
cxerted to protect from pagc and murder the humble
homes those peaceful toilers who quietly ana nOi-
fensvey support their wives and little ones and
who do not oGcOusly aud dlstastefuy thrust them
selves In the face OF those lighter and less reflective
tons of Society so frequently found amoug theatrical
audiences We believe The actual history or this unhap
ny son demonstrates that where legal force
coustraint is the lady and gentoman OF solid posi-
ton and real cultivation are least annoyed by his
presence when H. really worthy and cultivated. That
when left unstImulated By foreign and wicked IN
auences his own good sense, guided by public opinion,
keeps him in his proper position as uniformly as all
other classes Of society.
IVo ara inclined tn believe that more good