The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20
BUTLER ON CIVIL RIGHTS.
Fusil Oil and the Barber's Chair
Still for the White Man.
A AIMING TO MBO.

The following letter emanates from the Hon.
Benjamin +. Butler. late Congressman from tho
district OF Essex. in massachusetts,, and Will
determine some doubts hitherto existing In many
intelligent minds as to the exact scope OF the
famous Clvil Rights act-
WASHINGTON, March Is 1873.
SIR have the pleasure to acknowledge receipt
OF yours OF the 14to, containing expressions OF
appreciation OF my efforts in behalf OF the Civil
Rights bill, for which accept my thanks. You
further ask, "Will you be kind enough TO inform
me II colored men entitled TO the privileges OF
saloons and barber shops under Its provisions ."
AN UNENvIED PRIVILEGE.
To this l answer:-I understand by ''saloons.~
you mean drinking saloons, and am happy TO say
that the Civil Rights bill does not give any right
to q colored man to go into drinking saloou
without the leave OF the proprietor. and am verl
glad that II does not am wiling TO cOncede, a
a trend to the colored man, that the white race
may have at least this one superior privilege ia
the coOred man, that they can drink III oarrooma
and saloons, and never shall do anything to Inc
terfere with the exercise OF that high ana dis
tlnctve privilege. l would not advocate .
bill which should give that right to tho
coored man. II were to vote for any
bill on thfs subject at all. it would
be one to keep the colored man out OF the drink
ing saloons; and hope no barkeeper will ever let
q colored man have glass OF liquor at any baH
open for drinking. Indeed, should be glad. when
ever colored man should 60 into drinking sa-
loon for the purpose OF drinking at the oar II
somebody would OF once take him and put him
out, doing him as little injury as possible. 10
could do the colored man no greater Kindness.
PRIVACY OF A BARBER SHOP.
As to the other branch OF your question, in ref.
erence 10 barber shops, let me say that the trade
OF q barber Is like any other trade TO be carried
on by the man who is engaged in 1t at his own
will and pleasure, and the Civil Rights bill has
nothing to do, and was intended 10 have nothing
to do, with Its exercise. barber mas a right to
shave whom he peases as much as u jeweller has
. right to repair o watch Tor whom he pleases. Or
blacksmith 10 shoe such colored horses AZ hs
peases. In other words, these are not public EN-
pigments, but private business, In which the law
does not interfere
THE COLoRED MANS RIGHTS AT COMMON LAW.
From time immemorial all men have had equal
rights at the common law IN places OF puolia
amusement, in public conveyances and In inns OF
licensed taverns. because all such business was for
the public UNDER special privileges granted by the
government. The theatre and Ike public amuse-
ments were licensed by the public authorities and
protected by the police. The public couveyances
used Inc Kings highway. The puoic inn nad the
special privilege OF lien or claim upon the bug.
gage or other property OF any traveller using II
for his keep; and II any man was refused.
while behaving himself well and paying
his fare, seat in any place OF pubic
amusement, or carriage by public conveyance, or
shelter in public Inn. he had at common law
right OF action against the party refusing. Tae
Civil Rights bill only confirms these rights OF all
citizens to the cOlored man in consideration u
the prejudice against him anu an attempt in cers
tain parts OF the country to interfere with the Ike
erclse Of those common law rights, and has
enacted a penalty as q means OF enforcing tue
right in his behalf in consideration Of his helpless
and dependent condition. The Ctvit 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
It has only given him greater power u
enforce that right to meet the exigency OF COM
bined effort to deprive colored citizens oft; aud
all idea that the Civil Rights bill allows the COLI
ored man to force himself into any mans shop or
into any mans private house or into any eaina
house, boarding house or establishment oCheI
than those I have named Is simply an exhibition
OF ignorance well in some cases, OF ms len
able prejudice and mallgnlty. And while would
Sustain any colored man III firmly and properly ms
sstipg upon his rights under the Civil Rights Till,
which were his at common law, as they were tue
right Of every citizen, vet 1 should oppose TO the
utmost OF my power any attempt on the part Of
the colored men to the Civil Rights bill as Q
preteuce interfere with the private business Of
private parties 1t is beneath the dignity OF any
colored man to do, and all acts. such as shut
ting him out from drinking saloons, may oe wen
left to the ignorant and generally vicious men
who keep them as badge OF their superiority -
the colored race. / have the honor to be- &C.,
BENJAMIN F. BUTLER.
ROBERT HARLAN, ESQ.,, Cincinnati Ohio.