The daily Argus. (Rock Island, Ill.) 1873-1877, 1875-03-25

Hon. BENJAMIN F. Butler, late congress
man from the district Of Essex, in Massa-
chusetts, and will determine some doubts1l
hitherto existing in many intelligent minds
as to the exact scope Of the famous civil
rights act:-
WASHINGTON March 10, 1875.
SIR have the pleasure to acknowl-
edge receipt Of yours of the 14th, contain
ing expressions of appreciation of my ef-
forts in behalf OF the Civil Rights bill, for
which accept my thanks. You further
ask, will you be kind enough to inform
me if colored men are entitled to the ,prlvl-
lcges Of saloons and barber shops under Its
provisions"
AN UNENvIED PRIVILEGE.
To this I 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 q colored man |
to 60 into drinking saloon without the |
leave of the proprietor, and am very glad
that it does not l am willing to concede,
as a friend to the colored man, that the
white race may have at least this one su-
perior privilege to the colored man, that
they can drink in bar rooms and saloons.
and l never shall do anything to interfere
with the exercise of that high and distine-
tive privilege. | would not advocate a bill
which should give that right to the colored
man. If. j were to vote for any bill on
this subject at all, it would be one to keep
the colored man out OF the drinking sa-
looms aud hope no bar keeper will ever
let colored man have glass Of liquor
at any bar open for drinking. Indeed, l
should be glad whenever a colored man
should go into saloon for the purpose of
drinking at the bar if somebody would at
once take him and put him out, doing him
as little injury as possible lie could do
the colored man no greater kindness.
PRIVACY OF A BARBER SHOP.
As to the other branch of your question,
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 own will and pleasure,
and the Civil Rights bill has nothing to
do, and was intended to have nothing to
do, with its exercise. A barber has a
right to shave whom he pleases as much
as jeweler has right to repair watch
for whom he pleases, or blacksmith to
shoe such colored horses as he pleases
In other words, these are not public en-
Payments, 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 III
places Of public amusement, in public con
veyauces and in inns or licensed taverns,
because all such business was for the pub
lie under special privileges granted by the
government. The theatre and like public
amusements were licensed by the public
authorities and protected by the police
The public conveyances used the King
highway. The public inn had the specia
privilege ofalien or claim upon the baggag,
or other property OF any traveller using i
for his keep aud if any man was refused
while behaving himself well and payin
his fare, seat in any place of publ
amusement, or carriage by public convey
ance, or shelter in public inn, he had q
common law a right of action against tn
party so refusing. The Civil Rights bi
only confirms these rights of all citizens I
the colored man in consideration of tn
prejudice against him and an attempt
certain parts of the country to interior
with the exercise of those common la
rights, and has enacted penalty as
means of enforcing the right in his beha
in consideration of his helpless and d.
pendent condition. The Civil Rights bi
has not altered the colored mans rights
all from what they were before under tn
common law applicable to nearly ever
state in the Union. 1t has only given hi
greater power to enforce that right
meet the eXigency of combined effort
deprive colored citizens of it; and all ide
that the Civil Rights bill allows the CO
ored man to force himself into any man
shop or into any mans private house
int
establishment other than those | ha7
named is simply an exhibition of ignoran
as well as, in some cases, of insufferab
prejudice and malignity. And while
would sustain any colored man in firm
aud properly insisting upon his RICH
under the Civil Rights bill, which we
his at common law, as they were the rig
OF every citizen, yet l should oppose
the utmost of my power any attempt
the part of the colored men to use u
Civil Rights bill as pretence to interfe
with the private business of private pa
ties. 1t is beneath the dignity of any &C
ored man so to do, and all acts, such
shutting him out from drinking saloon
may be we'll left to the ignorant and ge
orally vicious men who keep them as
badge of their superiority to the color
race. have the honor to be, &c,
ROBERT HARLAN, Esq, Cincinnati, Oh
The New York Herald, commenting U
on foregoing says it is candid expositi
of the Civil Rights bill by one of its stror
est supporters, and is important as
finition of the real purpose and scope
that measure The law passed by &C
gress does no more, in General Butte
opinion, than to confirm the rights alrea
possessed by the colored man at comm
law, but denied to him because of the pl
JUDGES existing against his race.
shows that the rights Of colored citize
are not increased by the act of congre
but that it has simply given them great
power to enforce them when they are
MED Special penalties are affixed to
violation of common rights. and Unit
States courts are clothed with the ;
thority to compel obedience to the comm
law.
But the enactment does not confer up
the colored man the right to interfere W
any business which is private in its natu
SO far as the person engaged in it has
option of selling or refusing his goods
his labor to applicants. AS we cam
compel merchant to sell wheat or W