The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-03-23
[For the Dispa!ch.l
The CiyikRfRhtS Blu

TO The General assembly Of ptryinaa'
TIN. sober-minded men in the General AS
oembly seem TO have come 10 the CONCLUSION
rhgt nothing in the way of State Legislation
sbos,ld he attenpted 10 order to thWart tne
oneration of the civil.rights bill. 1 beiiePe
nevself il Is best to do nothing unless It VIII
certainly accomplish 4 good result. oeiieVe
Colonel Gilmsn's bill would cause mlscniet,
and all such propositions SHOULD be discount
,enanced. But it does not follow that no.
thing can or ought to be done In the prem
isea. Let US consider few facts -......-
TIE clvUH-RIGHTs BILL Is NOT CONTRARY
tn ANY STATUTE OF VIRGINIA, SOLAR AS CHOW.
The colored man and the white man nave
the very same rights, and are, by law, emil.
fled to the same privileges in all places OF
nublic resort and upon all railroads, DC. IL
IS yerg true that this right is not practi,
cs]lv accorded, and that in most places anu
nm most o. our roads the two races are kept
separate. But there is no law which regu'
lates this matter. ,.,.
This il a startling fact. We think 1t ought
mot 10 be 80. The interests of society. OF
neace. and good order, demand that the
races ia the old slave States should be sepa'
rated ir1these public places and on the rail-
roads sc. Every sensible man, colored as
we'll rs white, should assent TO this PROPOSE.
ton. -~ ---.-.--.--
/ therefore propose that law be passed
70 regulate this matter. Let all hotels, thea
tres. and places of amusement be licensed,
but require the party taking out the license
to tske it for one or the other race, as be pre-
ters but provide that such license shall not
require or (if you like) allow him to receive
into bis house any than the race for which
his license is issued. As to railroads, let
them be required to furnish the same accom-.
dations for the two races, equal in every re-
spect, but separate and apart one from the
other. and that the charges be the same for
each, so that there shall be no discrimination
between them.
saw that such law would not Infringe in
the slightest decree on the fourteenth
amendment Of the United States Constitu-
ton but till We pass such law our citizens
are in danger of prosecutions and suits, and
in such proceedings they would have no de-
fence except such as grows out Of the uncon.
stitution4ity of the civil-rights bill. And
there may be a very serious question nhether
the ciril.rigits bill is unconstitutional IT At
is not in conflict 10Th some State lau.
But let Virginia pass law by which she
requires that separate hotels, DC, shall be
licensed for the races. and that they shall be
kept separate on cars and other public con.
yeyances, and when any man is prosecuted
for violating the ciyil-rghts bill he will be
able to plead that he was only obeying a
State law; and then the question would be
L" Is the State LdU UNCONSTITUTIONAL" The
fourteenth amendment declares ''no State
shall make or enforce any law which shall
abridge the privileges or llnmunlties Oh GILL
zens of the United States"
The law l propose would not do this. 1t
would simply declare that licenses might be
issued for white or colored hotels. as any
man may prefer, but that hotel rot licensed
to entertain one race should not be required
or allowed 10 entertain the other. Equal pro-
vision would he made by the law Tor both,
and citizen who obeyed the law could not
be punished crimnally or sued for damages.
Such law is required by the peace and
good order Of society, and should be passed
at once. a LAWYER.
1Our correspondent, prominent lawyer
and legislator, is entitled to be heard. We
fear, however, that such a law as he proposes
would have the effect rather to make the
civil-rights constitutional than unconsttu.
tional. Judge THURMAN and others of the
best lawyers in the United States Senate
argued that Congress had no right to pass
bill on the subject unless some State bad
laws discriminating against negroes, the
amendment in question being an express in
hibiton of the States from enacting such
l.. I