The daily gazette., 1875-03-31
CtUH Rights Bill q Failure.

In the speech OF Senator Bayard which
we published in the Gazette. that able
lawyer pronounced the Civil Rights bill
unconstitutional and predicted that it
would SO be decided by the United States
courts. The assertions and arguments
OF MIR. bayard have already been shown
to be true by several decisions that hay.
already been made by United States
judges, whose opinions in the cases have
been given to the public. These opin.
Ions are strikingly similar to those ad-
vanced by the Delaware Senator in his
speech. The Baltimore Sun refers 70
tnese decisions and the charge to the
Grand Jury by Judge ENMoNs. at Mem
phls, Tenn, says:
Wnat makes this opinion Of Judge Em.
ftct that in passing upon the law 6e doas
not pretend to disguise his strong rannh'
hcan and anti-Southern sympat6ies He
was requested by the grand iurv Of +he
onlted States Court to instruct them in
reference to their right to find an ;nd;ot
ment in cases where Complaint was mado
OF the denial to persons of color "of fill
ana equal enjoyment of the accommo-
tNLaelons, advantages and facilities of
.heatfes and inns" He tells them brief
that such denial is not an offense
n;.an! Enicn congress can give the court
H. h.ion. St"1 Ihose are matters which
me I State government alone can control -"
he then proceeds at length to give his
reasons tor so instructing them. addinc
slgniiicantly, that any parties acorievad
may, II so disposed, bring their civil oc-
t!on IN MS court at once, when anv do
clsion he may render will be subiect IN
review by the Supreme Court of +be
united states. Starting with the nre.
mise that there is nothing in the consti.
luton, before the adoption of the recent
aulTIiianients, to Justify either Congress
os T In5 ieueral courtsln dealing with cases
oart,, crime against persons or pro-
PertJ, or IN assuming the regulation of
lnns, theatres or common carr;o,.s ,,;+I,
III the states, he next proceeds to in
Huire now lar the amendments have on.
iafged the legislative powers of Con1ress
on enabled II to confer additional inris'
I'ctlon upon the courts in reference IN
his subject. eo ~
laklng for his guide the late decisions
OF the supreme Court, particularly that
~ oie I'VE" orleans sslaughter-house cases
~ olsen referred to in these columns
ne ilnus that The right to equal accom-
modations, &C., III inns. tbeatres and
pupilc conveyances, Ike the right TO eT-
erclse particular trades ard callings with
IN y state. does not belong to a citizen
OF the United States, as such. bnt oniv Lv
virtue OF his citizenship of a part1c,la,
state: The only clause in either of Tho
constitutional amendments which can he
quoted as sustaining the civil rights hill
+.on4s u4s t. PROVISION contained in the four
teehth that no State shall make or en-
iorce any law which shall abrid1a ~
privileges and immunities of c;tilsn. 'ne 10
ne United States. Hence he holds thai
the civil rights bill is void for want nj
power Ill the body which passed it. II
attenps 10 regulate matters which are
outside the pale of federal l.rislat;on
ana 1ail exclusively within the iurisdic'
tion OF the several states.
having thus decided as a MAGISTRATE
IN regard TO the law, Judge Emmons next
proceeos IN somewhat a partisan spirit
i. W n'efsh against what he regards as u
want OF practical protection and iusti,a
10 the colored race in portions of AZ
South, and frequency with which crnaI
anu Wahton murders and outrages in
nicted upon the innocent and 6elnlass
are allowed to 90 unpublished. because
he says of and alleged sympathy on the
part efJuries, grand and petty. and tha
committees at large with the murderers
all OF which, although foreign to the
subject, only serves to bring into stronger
rehet the fact that with such feelings
and.sentiments. Judge Emmons VET
found it impossible as a lawyer and a
Judge, to pronounce the civil rights bill
other than mere nullity in law. The
whole of his opinion, which we do NOT
deem 1t necessary to give in full. ia
hlghly interesting, and no part of IL
more 30 than that in which he illus.
trates his position by reference to de.
eision IN Northern States, notably in
Mlchigan Ohio before the war, affirming
tne right OF lnnkGepers and common
guests and passengers OF different raca
and color. race