The daily gazette., 1875-03-13
CIVIL RIGHT.

CIVIL ISIGHTe-.
SPEECH OF
HON. THOS. F. BAYARD.
OF DELAWARE,
IN TEE SENATE OF THE U. g..
Friday, February 90. 1876.
coNCLUDED1
Again, there is case which after
ward arose at the October term, 1878.
Bartemeyer Vs. The State of Iowa; and
the syllabus of the case, the whole
meaning OF the case, was that the four
tcenth amendment does not interfere
with the police powers of the State.
Mr.. Justice Bradley gave the opinion /;
Mr.. Justice Field concurred. Mr.. Jus.
tic" "ie' was the Judge who led the
disseal, aud chiefly expressed 1t, to the
opinion of the oeurs In the Slaughter
house cases, and therefore BY some it
might have been supposed that he diff
fered with the doctrine laid down by
the court in the decision of those ca
ses, which excluded the Federal Gov
ernmcnt from any interference with the
control of the rights of the citizens of
q Stntt IN regard to those rights which
belong TO them otherwise than as citi-
zens of the United States. But SO far
as the dictrine which am contending
for was concerned, the court were
unanimous. Said Mr.. Justice Field
In the case of Bartemeyer in 1873
No one has ever pretended, that am
aware OF, that the fourteenth amend
ment interferes in any respect with the
police power of the State. Certainly no
one who desires to sive to that amend
ment its legitimate operation has ever
asserted for it any such effect. IL was
not adopted for any such purpose. The
judges who dissented from the opinion
of the majority of the court in the SiaugL.
ter-house cases never contended for any
such position. But, on the contrary,
they recognized the power Of the State
in its fullest extent, observing that it
embraced all regulations affecting the
health, good order, morals, peace and
safety OF society, that all sorts of re-
strictions and burdens were imposed un-
uor ~, anu CilbU WHeu UuoSo were uoU In
conflict with any constitutional prohibi-
tion of fundamental principles, they
could not be successfully assailed in ju-
dicial tribunal.
Mr.. President, it would seem to me
impossible in the face of such language
as this, proceeding from court en-.
tirely unanimous, that Senators could
suppose such an act as we are now con.
sidering could stand for one instant
the test of judicial criticism. The as
sumption OF this bill is that under the
fourteenth amendmentto the Constitu.
ton, inhibiting State from establish.
ing or enforcing inequality, Congress
has become tho guardian of each indi
vidual in State, can enter State
control all its internal affairs in order
to secure the enjoyment of each indi
viduars supposed rights, and the con-
stitution and laws of the State itself
Let lis examine this category of the
alleged rights, privileges and immuni
ties-supposed to need congressional aid
and warrant congressional interference
for their maintenance and supervision,
Hotels, public conveyances and places
of public amusement. What utter ba
thos, Mr.. President, does this single
paragraph which / read q while age
contain? The act is entitled "An act
to protect all persons in their civil ant
legal rights" a scheme of government
in single line, with q preamble de
claring that it is the duty of govern
ment in its dealings with the people tt
metc out equal and exact justice to all
of whatever nativity, race, color OF
persuasion, religious or political, ant
declaring the appropriate object O.
legislation to be to enact great funda
mental principles into law; and thenw,
find such a terrible fall from so grea
a height of argument to daily hote
life, to everyday carriage in railways
to visits to theatpes and concert halls
and these are gravely and soronousl,
proclaimed fundamental principles,
and full and equal enjoyment is en-
joined.
Mr.. President, how are these institu
tions of pleasure or convenience-th,
theatre, the inn, the public railway o
steamboat-created In every case b,
private means, sometimes by State ali
and oftentimes sustained by State act
Of Incorporation. There is not on
that does not owe its existence to Stat
law or custom, and which has its Law
full existence only within State, an
subject to State law and regulation. =
Some States may tax them by requil
ing a license for hotels and theatres
others may not and do not some ma
forbid them in toto; others may encoui
age them in the most liberal manner
but all are founded and conducted b
private individual or corporate entel
prise, not in any case can now REGAL
| by State as State institution. Bea
this in mind, for the fourteenth amend
ment is addressed entirely to State
and never to people, and there seem
to me to have been a very strange COZ
fusion In the minds of those VIII
draughtedt this bill, under thefourteent
amendment, in referring to nativity
race, color or persuasion, religious 9
POLITICAL" when the fourteenth amen,
! ment contains no such language, an
no reference to such subjects Is to
found in any part of it. The fifteent
amendment relates only to the right