Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-11-19
FROM WASHINGTON.
CIVIL RIGHTS.
Opinion by Justice Harlan Of the United
States Supreme Court.
wAsHINGTox. Nov. Il.

a
Justice Harlan of the United States su-
preme court has fled his dissenting opinion in
the civil rights case. He believes that the
court in deciding this case has departed from
the familiar rule requiring in the interpretA-
ton of constitutional provisions tina, fuliy
the effect be given to the extent With which
thev were adopted.
To show what was the intent of the people
in - and IA amends, Justice Harlan re-
views the relation which existed before the
adoption of the amends. between the national
government and the institution of slavery as
indi1 ated BY the constitution of congregational
legislation and the supreme court decision.
He cites the case Of Briggs VS.. Pennsylvania,
in which the supreme court adJudyed primary
legislation by Congress. To enforce the
masters right was authorized by the constr
tuition After further citations to show that
the masters right by congressional enact
ment to his slaves had been declared consti-
tutional, the Justice says of the 18th amend
ment. that when il was determined to uproot
the institution % slavery BY law, there was a
fixed purpose to place the power of Congress
in promises beyond the possibility of doubt.
Had the 18th amendment stopped with de-
ciaration against slavery, Congress would
have had power by implication. according to
the doctrines of the Briggs VS.. Pennsylvania
case, repeated in the Strander vs.. West Viz
ginia case, TO protect the freedom thus es-
tablshed, and consequently to secure the en-
joyment of such civil rights as were founda-
mental in freedom; but that it can exert its
authority to that extent is and was intended
to be made clear by express.
The grant of power continued in the second
section of that amendment since slavery, as
the court has repeatedly declared, vas the
Il . fhn cd, Of fhaf d.
ment and since that institution rested upon
the inferiorty as a race of those held in bond
age, their freedom necessarily involved i'm
munity from and protection against all dis
elimination against them because of their
race, in respect of such civil rights as belong
to tree men and other races. Congress,
therefore, had power to enact laws to protect
these people as above.
The Justice then discusses the legal rights
of colored persons in respect to aceommoda-
tions, ETC.. of public cOnveyances, inns and
places of public amusement, and holds that
the right to establish such institutions CON-
ing directly from the people, prOprietors have
no right to discriminate against the colored
race, who are part of the people. He is OF
the opinion that such discrimination is a
badge of servitude. the imposition of which
Congress may prevent under its power
through appropriate legislation to enforce the
18th amendment, and that without reference
to its enlarged power under the 14th amend
ment The act of March l, 1881, is not re-
pugnant to the constitution.
In regard to the l4th amendment, the JUS
tice holds that if any right was created by it,
the grant of power through appropriate legis-
lation to enforce its provision authorizes
Congress by means of the legislation opera u
ing throughout the Union to guard, secure
and protect that right. There was one right
if no other, granted by the amendment-the
exemption of race discrimination in respect
of any civil right belonging to citizens ot.the
white race in the same State. Citizenship il
this country necessarily imports equality o.
civil rights among citizens of every race in
the same State. and he claims that the decis
ion of the court in the case of the United
States vs.. Reeze, Involves the elective fran
chze principle for which he contends.
Justice Harlan continues; Il venture
with respect for the opinion of others, tt
insist that the national legislature may, with
out transcending the limits of the constitu
ton, do for human liberty and the funda
mental right of American citizenship, wha
it did with the sanction of this court for tn,
protection of slavery and the rights of mas
tiers of fugitive slaves"
In conclusion, the Justice SAYS that toda,
it is the cOl0red race which is denied, By
corporations and individuals. welding public
authority and rights fundamental in thei
freedom and citizenship. Some future time
it may be some other race that W ill fall under
If the constitutional amendments have beer
enforced according to the intent with which
as conceive, they were adopted, there can
not be in this republic and class of human
beings in practical subsection to anothe
class, with the power in the latter to deal gu
to the former just such privileges as the,
may choose to grunt. The supreme law o
the land has decreed that authority shall
not be exercised in this country upon the basi
of discrimination, in respect of civil right
against free men and citizens because of thei
race, color or previous condition of servj
tude. To that decree, for the due enforce
ment of which, by appropriate Legislation
Congress has been invested with expres
power, every one must bow to whateve
may have been or whatever now are, his in
dvidual views as to wisdom or policy, eithe
of the recent changes in the fundamenta
law, or of the legislation which has BEEF
enacted to give them effect For reason
stated, feel constrained to withhold ID,
assent to the opinion of the court.