Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-03-23
CIVIL RIGHTS.
Important Charge of Judge En-.
mons to the Grand Jury.
Congress Can Give the United
States Courts no Jurisdic-
ton Over Cases Aris-
ing Under the law
They Are Matters which Legiti-
mately Belong to the States.

MEMPHIS, March 22.-Judge Emmons
Of the United States Court to-day deliver
ed an elaborate and exhaustive charge to
the grand jury in reference to Civil Rights.
He said: II is to be regretted that ques-
ton of such exceptional importance and
one which is producing so much excite
ment, should come before the court in this
form. At an early day, however, and dur
ing the term, We are compelled to decide
the matter you lay before US. The several
penalties imposed by this law upon prose-
cutting attorneys and other officials will, we
are advertised, be attempted to be enforced
should the grand jury fail to indict, an as
sumption that their action will be control
led by such officers, unless the court acts.
Every consideration makes it duty to an
sWer your questions at once. You ask
whether it is a crime for which you have a
right to find an indictment that a negro
has been denied the full and equal enjoy
ment Of the accommodations, advantages
and privileges Of theatres and inns in this
State. Such denial IS not an Ofiense
over which Congress can give
this court jurisdiction. Those are
matters which the State Government
alone controls. Parties who think them
selves aggrieyed can bring their civil action
in this court at once. ANY decision we
may then make can be reviewed by the Su-
preme Court. He 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 attempted to protect
the civil and political rights Of the freed
men, all parties conceded that the Federal
Government had no power, whatever, to
restrain such an Offense as this. The pun
ishment Of murder, arson, assaults and bat
teries, treSSpasses, frauds, injuries 70 repu-
tatiOn, obstruction to the right Of attend
ing church, public schools, theatres and
forcing the right Of being accommodated in
inrs, and by common carriers within the
State, were matters not only not granted
TO the General Government, but in the
Constitution itself expressly reserved
to the States. The vastness of civil
and political rights included in
the companions phrase, ''right 10 life, lib
erty and the pursuit Of happiness,n rested
entirely under Stale protection. To this
familiar and unquestioned truism there
was universal assent then, and is now. The
only question presented for judicial deter
is, have these amendments COM
pletely revOlutiOniZsd the whole character
Of our Government, because, il is certainly
evident that, if Congress has the power Of
the theatre and other places Of
amusement in Memphis and other cities Of
the Union, this necessarily involves the
power Of protecting the more sacred and
importan. rights Of the colored citizen.
He then reviews the Thirteenth amend
ment, and declares that it abolished
slavery and did no more. He also reviews,
at great length, the Fourteenth amend
ment, and says the clauses fOrbidding
States to deprive any person of life, liberty
Or property, without due process of law, or
denying to any person the equal protec-
ton Of the law, have no application to
his subject. They are intended solely
10 prevent the arbitrary transfer Of
from citizen to citizen without
legal adjudication or process, and prevent
The establishment Of tribunals for one class /
Of persons varying from those which deter
mine the rights Of all. These inhibitions,
90, beyond all controversy, are aimed at |
he action Of the State only, and have no |
reference to individuals. He cites deci- |
lions in Michigan and Ohio in support of |
his, and also the slaughter house cases Of |
he Supreme COurt-Sixteenth Wallace
md then deals at great length with the /
)utTages against the COlOred race, and ex-
presses his sympathy with that large and
class of our fellOW-citizens, in
,luding beyond question, a majority of the /
more conservative, christian gentlemen Of |
he South, who regret that there exists no
where in either COVE. nment, State or ma
ional, the power Of Furnishing those mean
md cOwardly murderers.