The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1875-06-23
The Civil Rights Bill Jpen Us.


the Civil Rights Bill unconstitutional
gave hope that we were to be relieved
from its odious, lawless and mrea-
sonable workings. Within a few
days q theatrical manager in Calves
ton, Texas, has been fined $500 for
refusing to give seats in the parquet
to two colored women, and the pro-
prietors of a newspaper in that city,
for commenting respectfully upon
the rulings of the fudge, were drag
ged before the Court for contempt
Judge Nelson, of Minnesota, has Civ
en- decision in favor of the eonsti-
nationality of the law Here are two
United States District Judges almost
simultaneously pronouncing the law
constitutional, and one of them fol-
lowing his instructions to fine a man
$500 for exercising a right lie holds
against every white person by All out
rage upon the press.
The decision Of Judge Nelson we
have published. 1t, like all the ar
guments in favor of the lawfulness
of this law, betrays its weakness
He thinks 'twhere race, color, nativ-
lily and religious or political belief
furnishes the only reason for the
commission, of such wrong or out
rage, proper occasion arises for the
exercise of the power Of Congress
under this amendments" AS ''this
amendment" (the Fourteenth has
no reference whatever to religions
or political belief" Judge Nelson
has, to begin with, brought his de-
cision into utter disrespect. I G
i first section Of the amendment, the
only one applicable to the case, con
fers citizenship upon "all persons
born or naturalized in the United
States, and subject to the .jurisdic
ton thereof" forbids ahy State tt
"make or enforce any law which
shall abrldge the privileges or immu
mites Of citizens Of the United
States" or to "deny to any person
the equal protection of the. laws
!, 1t says no more than this on which
to hang Judge Nelson's decision
Before the adoption of the Four
teenth Amendment it was never af
frmed by any competent Court tina
Congress or the United States Court
had jurisdiction over such cases
The Fourteenth Amendment give
nothing to the State. 1t simply for
bids something to it. But Judg
, Nelson says that Congress can Pre-
vide for the punishment of inlividu
ais who deprive any person Of tn
; enjoyment of the rights Of either
ship and legal equality solely on az
count Of race and color" That
! equivalent to saying that the Foul
! teenth Amendment gives moro cit
zanship to one man than it does
I another, which is, Of course, ABSURD
But, perhaps, the most ridieuloy
ri portion of Judge Nelson's reasonif
!, is that, when Congress has only 70
: hidden certain obnoxious legislatic
. to q State, Congress can legisiat
& eren though q State hGd passed no Q
. noGious lasc, and may also in adyanc
by such enacalnellts asst may Gee
Fl suitable and necessary, remedy Il
a evil against which this amendme
II proposes to guard He bases th
i doctrine upon the fifth section Of Il
. amendment, which gives Congre
O. the power to enforce it's provisio
70 by appropriate legislation. ButCo
q. gress would have thatspoWer witho
Il this section. But Judge Nelson
If logic gives Congress the power
+ enforce provisions which are not
70 the amendment, as he admits, al
l. even then, Congressional legislati
% I'm adcance," also not warranted
IN the Constitution, can hardly be call
n enforcing" But this is the leg
If acumen and the judicial ability
pr Judge Nelson, and on such reasoni
a alone can the constitutionality Of t
ID Civil Rights Bill rest.
4; Judge Nelson says that the Fol
ii teenth Amendment "creates citize
n ship" 1t does nothing Of the kin
ID Citizenship existed before Judge N
Of son. 1t confers that citizenship II
" on people who had not previous
err possessed it-that citizenship and
Y, other. He says that "these- righ
a. and privileges are derived from t
le Federal Government and are und
rs it's protection
es Heavens How many rights a
privileges are derived from the F.
:, ara1 C,overum ent, (which are undnr 4