The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1875-03-31

The following letter emanates from the
Hon. Benjamin F. Butler, late Congress
man from the district of Essex, in Mas
sachusetts, and will determine some
doubts hitherto existing in many inteill
gent minds as TO the exact scope of the
famous Civil Rights act:
WASHINGTON, March Is, 1879.
SIR have the pleasure to acknowl-
edge the receipt Of yours of the 14th,
containing expressions of appreciation OF
nv efforts in behalf of the Civil Rights
bill, for which accept my thanks. You
further ask, "Wih you be kind enough
to inform me if colored men are entitled
to the privilege of saloons and barber
shops under its provisions -
AN UNENvIED PRIVILEGE.
To this l answer Il understand by
SALOONS" you mean drinking saloons,
and am happy to say that the Civil
Rights bill does not give any right to a
colored man to go into drinking saloon
without the leave of the proprietor, and
am very glad that it does not. | am
willing to concede, as a friend to the col
ored man, that the white race may have
at least this one superior privilege to the
colored man, that they can drink in bar
rooms and saloons, and | never shall do
anything to interfere with the exercise
of that high and distinctive privilege. l
would not advocate a bill which would
give that right to the colored man. If
were to vote for any bill on this subject
at all, it would be one to keep the colored
man out of the drinking saloons; and l
hope no barkeeper will ever let colored
man have glass of liquor at any bar open
for drinking. Indeed, | should be glad,
whenever colored man should 60 into a
drinking saloon for the purpose of drink
ing at the bar, if somebody would at
once take him and put him out, doing
him as little injury as possible. tie
could do the colored man no greater
kindness.
PRIVACY OF A BARBER SHOP.
As to the other branch of your ques-
ton, in reference to barber shops, let me
say that the trade of barber is like
any other trade, to be carried on by the
man who is engaged in it at his will and
pleasure, and the Civil Rights bill has
nothing to do, and was intended to have
nothing to do, with its exercise. A bar
Der has right to shave whom he pleases
as much as a ieweler has right to repair
a watch for whom he pleases, or a black
smith to shoe such colored horses as he
pleases. In other words, these are not
public employments. but private business,
in which the law does not interfere.
THE CoLoRED MANS RIGHTS AT COM
MON LAW.
From time immemorial all men have
had equal rights at common law in places
of public amusement, in public convey
ances and in inns or licensed taverns, be-
cause all such business was for the public
under special privileges granted by the
government. The theatre and like pub
lie amusements were licensed by the pub
lie authorities and protected by the police.
The public conveyances, used the kings
highway. The public inn had the spe-
cial privilege of a lien or claim upon the
baggage or other property of any traveller
using it for his keep; and il any man was
refused, while behaving himself well and
paying his fare, a seat in any place of
public amusement, or carriage by pub
lie conveyance, or shelter in a public inn,
he had at common law a right Of action
against the party so refusing. The Civil
Rights bill only confirms these rights of
all citizens to the colored man in consid-
GRAFTON of the prejudice against him and
an attempt in certain parts of the country
to interfere with the exercise of those
law rights, and has enacted a
penalty as a means of enforcing the right
in his behalf in consideration of his help
less and dependent condition. The Civil
Rights bill has not altered the colored
mans rights at all from what they were
before under the common law applicable
to nearly every State in the Union. 1t
has only given him greater power to
enforce that right to meet the exigency
of combined effort to deprive colored
Rights bill allows the colored man to
force himself into any mans shop or into
any mans private house, or into any eat
ing house, clearinghouse or establish
ment other than those have named, is
simply an exhibition of ignorance as
we'll as, in some cases, of insutferable
prejudice and malignity. And while
would sustain any colored man in firmly
and properly insisting upon his rights
under the Civil Rights bill, which were
his at common law, as they were the
right of ever citizen, yet | should ~op-
pose to the utmost of my power any at
tempt on the part of the colored men to
use the Civil Rights bill as pretence to
interfere with the private business of
private parties. 1t is beneath the digni-
ty of any colored man so to do, and all
acts, such as shutting him out from
drinking saloons, may well be left to the
ignorant and generally vicious men who
keep them as badge of their superiority
to the colored race. | have the honor to
be, etc., BENJAMIN f. BUTLER.
ROBERT HARLAN, Esq, Cincinnati, o.
No Better Or