The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1875-03-25
CIVIL RIGHTS.
Judge EmnOnS' Charge to the
Memphis Grand Jury on
the subject.
Violations Of the Law Amena-
BILE to the state Courts.
Which Alone II ave Control of
the Subject.
4 Highly Important Judicial
DeIlFeFance.

/ MEEPHIs March %. Judge Emmons. otthe
United States Court, 20 day delivered AT
/ elaborate and ex hhuStive charge 10 tho grsnd
| Jury in reference 20 the civil rights law. Il
/ Is 20 bs regretted, he said that question
/ If such exceptional Importance, and one
which il producing > much excitement
| should come before the court in this form
/ Al an early day however. and during this
| term, We are compelled 20 decide the matter
you lay before Us. The severe penalties i'm
/ posed by this law upon prosecuting attorneys
| and other officials will, We are advised, be
/ attempted +" be enforced should the grand
| jury fail 90 indIct, their action will b. con-
| trolled by such officers unless the court acts
Every consideration makes Il duty &
answer your questions 1T once. You ask
! whether il il u crime for which You have =
! right to find an Indictment that negro has
| been denied full aud equal enjoyment OF &C
/ eOmmodations, advantages, facilities and
/ privileges of theateTs, inns, etc, such IS not
/ All oftense over which Congress can i've this
court Jurisdiction. Those are T2atters with
the State government alone Parties who
think themselves aggFieved can bring their
civil action in This court ~ once Any de-
cisiOn We may then make can be review ed by
the Supreme Court
He then gives b reasons for entering into
the details Of the case, are mainly the excited
condition Of the classes " hou the law was
intended to affect. Until the three recent
amendments To The National Constitution,
which abolished slavery, aad attempt5 20
protect the civil and political rights Of 5he
freeman, all parties concede that the FeIeTal
Government had no power whatever to re-
strain such an ofiense as this The punish
Inent ofmurder, arson, assaults and batteries,
tres passes. frauds. injuries to reputation, OBJ
strnction 10 the right of attending church,
public schools, theaters, and forcing the right
OF being aceomm adated in inns and BY COM
mon carriers within the State, were matters
not only not granted TO the General Govern
Inent, but in the Constitution itself expressly
reserved TO the States The vast mass Of civil
and political rights, included ia the coInPen-
dious phrase, the right to life, liberty and the
pursuit Of happiness, rested entirely under
State protection. To this familiar and un-
Questioned trueism there WAS universal as
sent then and is now. The only question
presented for judicial determination is, have
these amendments completely TevolutioniZed
the v hole character flour Government! Be
cause IL is ,nJirely evident that if Congress
has the power OF regulating the theaters aud
other places Of amusement in Memphis and
other cities of the Union. this necessarily III
wolves the power OF protecting the more
sacred and impOI tant rights Of the colored
citizen.
lie then rev ews the thirteenth amendment
and declared it abolished slavery, and did nc
Inole. lie 80 reviews ut great length Tho
fourteeuIn amendment. and says a. TO tbs
Clauses fOIiiadiI0 the states to deprive any
/ person OI llIe, liberty OF Proper-N witho I
que process law. OF deny q any person the
equal protection Of the laws, have no appi-
cation TO the subject. They are intended
Z solely 20 prevent at arbitrary -THllSteT O
/ prop uryy from citizen To citizen without Iegg
/ AL iu,,Ieatluu CT process and prevent the e.
I tuU.I-Lucut ef tribunals for one class % per
/ sons s#iyILg from those winch determine
/ the nights 81 ali. These NH! billions. TOO De-
/ yoi.d ali trutrONcr>y arc aimed at the actor
I al the State oi ly, and have no reieTeuce L
/ indiN lduu lie cited decisions in Michigan
and OHIO IN support of this :also the siaug hter
/ house cases OF the supreme Court, Is W dilaoc
RACES against the eOlored race, and eXPTe-sol
] his sympa hy with th4Jl large and respectable
/ class Of our fellow citizens, lncludlng, beyond
/ question a majority the more conservative
and Christian gentlemen of tn South, VIII
regret that there exists nowhere, in eithe
/ government. State or Nuutional, the powe
/ of Furnishing those mean and G. wardly mur
dereTs.