New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-16

these provisions ore in harmony with the
growing sentiment of the whole people.
It is narrow view that considers the
three branchs of tho government only in
tended as checks on each other. They
must form parts of q harmonious whole,
governed by the same sovereign will,
changing as it changes, and never ham,
pered by the considerations which caused
the commands of generations passed. As
the minds of the people grow, SO must
the DEGREES of the bench expand. The
law is a positive study, and it sharpens
the intellect; but it is not consistent with
American law if it does SO as the grind
stone does the knife-by narrowing it.
The great minds of the bench in former
days were great because their light illu-
mined the sentiments of the people. If
they were still here to instruct and CON-
ment on the peoples action, they would
cease to be great if their wisdom was not
in harmony with the changes that have
taken place.
The law declaring civil rights applies
to all citizens and all localities of the
United States. It makes no new issue Of
right or wrong. 1t declares certain facili-
ties of travel and accommodations of en-
tertainment to be the privilege of all citi-
zens. If this is true it is misdemeanor
to deny them, and properly to be pun
ished. The privileges are not new. The
great majority of citizens were born with
them. Lack of money or breach Of good
conduct only deprived them Of their enjoy
ment. The opponents of the law declare
it unconstitutional because others than
these who inherited them are declared by
it to be possessed Of these privileges.
That those who have hitherto possessed |
them enjoyed them Of right is not ques-
ton of common law. Long ago the co.,
of comm on sense declared that |
the right to take mine ease in mine inn |
was possessed by all who could pay for it
md brought no disrepute on the house
~ misconduct. 1t is the law of common
carriers, and he who comes within the de-
inition of an innkeeper can no more re-
use to entertain well-behaved, paying
,uest than an express company can refuse
o transport bale of goods.
That is not only the law Of England
md the greater portion of the United
'tates, but of all civilized peoples. The
prejudice that stimulates the opposition
o the law in a small section is born of
ocal politics. It has no existence as such
lsewhere, and besides the living personal
in the highest cirt les of Eng
and, the pages of Thackerhy, Dickens
nd Collins are illustrations Of its absence.
% the majority Of English sH leaking peo-
lie the ''social equality" objection seems
90 trivial and unconnected with the ques-
ion to be used as an argument. In the
ewspaper and on the stump it may gain
votes. cause riot, or perhaps
ain verdict, but will have no effect on
be law, simply because it has nothing to
o with it.
But the law is founded on grander prin-
iples than the surface rules of common
Nv. 1t is part of the spirit that was
orn with that system OF Equality and
,stice. The liberty that ri han has to do
hat he likes with his own lis not an un-
ounded one. 1t is an axi ON that the
Of liberty is the perfection of
,straint, and true illustration Of the |
ecessity Of its application hat as some
have no relish for their meat
II it has tainted smack SO many can
OF enjoy their liberty unless it is favored
it'll license. The principles that govern s
lans conduct to man are the unwritten
W of the land. 1t may lie long before
icy appear on the statute b ok, but they !
i'll appear in time. And it will be found
at this law which declares it to be the
Ill Of the people that all WHO have equal
yhts at the ballot box shall be each
hers peers at all other pub bile places, is
harmony with the sentiment of the