The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-06-10
THE Ciyil-Rights Act.

The ciyiI.rights act passed by the last Con-
gross seems a, length to be finding support
ers amongst the Federal judges, We pub
aished q day or two ago that Judge MORRILL,
of Texas, had decided it to be CONSTITUTIONAL
and now we fiud that Federal JUDGE 10
Minnesota has made similar decision. Ane
telegram reads as follows: ;.
wpSoS. MINI. June SIN the United
States District Court to-day, in response to q
question of the grand jury, Judge Nelson
rnad a written opinion very pointedly sus.
saininp the coustitntionslity Of the supple.
mentary ciyil.rights bill passed by the last
Congress.
AS Judge Nelson has been lifelong
Democrat, his emphatic opinion produces no
little astonishment among politicians as we'll
as lawyers.
The Judge alludes to the celebrated
slaushter.house decision OF the Supreme
Court, and holds that the Interpretation by
the court Of the first section Of the fourteenth
amendment is not, judgment against the
constitutionality Of the supplemental civil
rights law. While he has no sympathy Wild
this kind of congressional legislation, and
believes 1t should be left to the State govern.
ments, still, when race. color, nativity, or re-
lieious or political belief are the only reasons
for the commission Of wrong or outrage
Congress has the right to iegiSlate Tor It's
punishment under the amendment Wnlcn
creates citizenship and guarantees the equal
ity of al citizens before the law, and Con-
grcss need not wait until some STATE mas
passed an act obnoxious to the amendment
The fifth section Of the amendment gives
Congress full power to enforce its PROVISIONS
and remedy the evil against which 1t guards
The Judge shows bis weak point in citing
the fifth section Of the fourteenth amend
ment. as giving any authority TO congress
which that body would not han had If that
section of the amendment bad been omitted
altogether. That section simply provides
that Consr css shall have power to enforce the
amendment. Congress has the same power
stoall of the amendments TO the Federal
Constitution, although none of these amend
ments, excep: those ratified recently, contain
any such section. ...
If Congress has no power to enforce the
amendments which do not contain this Sec
ton, then all such amendments are dead
letter. Nobody believes this to be the case.
IL must De ITuc, Iueu, tuat SopGi CSC Lug ~
much power to enforce one amendment as
another, and one part of the Constitution as
another. And it follows that the filth
section of the fourteenth amendment
confers no special power upon Congress,
and therefore cannot be used as
basis for legislation such as that con-
tanned in the supplementary civii-rights
act. No State shall pass any law impairing
the obligation of contracts, says one provi-
sion of the Federal Constitution. Nobody
has ever held that under this provision
Congress could pass an act Furnishing indi-
yduals. No State shall take away any of O
negro's rights on account Of his color, says
another provision. Both provisions operate
only upon States. Yet in the latter case
Congress has undertaken to legisate so as 10
make the provision apply to individuals,
willis. in the other case it has never done 30.
Judge NELSON will hardly be sustained in
his one.sided views of the Supreme Court of
the United States.