The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1883-10-25
THE COURTS DECISION.

The court, in a long and carefuly-prc-
pared opinion by Justice Bradley. holds:
l. That Congress had no constitutional au-
thorty to pass the sections in question under
either the Thirteenth or Fourteenth amendments
TO the constitution
.. Tha, the Fourteenth amendment il pro-
hibitory upon States only, and that the legisla-
ton authorized 10 be adopted bv Congress for
enforcing that amendment II not direct legisla-
ton on matters respecting which States are pro-
hibitei from making or enforcing ceIt tain laws
OF doing certain acts but Is Corrective lcgisla-
ton necessary or proper for count 5racttng and
redressing the effect of such law acts: that i'm
fOrbidding States, for eXampln 10 deprive any
pors6 OF rty or property without due process
of law and giving Congress power TO enforce
this prohibition, il was not intended To give
Congress power 10 provide due process OF law
for the protection of life, liberty and property
(which would embrace almost all subjects of
legislation), but 10 provide modes OF redress for
counteracting the operation aud effect of State
laws obnoxious TO the prohibit on
3. That the Thirteenth amendment gives no
rover u Congress TO pass the sections referred
TO, because that amendment relates only TO
slavery and involuntary servitude, which it abol-
ishos, and gives Congress over to IS laws for
It's enforcement; that this power only extends
IN the strbie ;tmatter OF the a.nendme mt itself
namely, slavery and involuntary servitude, and
the necessary incidents and consequences of
those conditions: that il has nothing to do with
different races Colors, but only refers to
slavery, the Legality OF different races and classes
OF citizens being provided for in tFc Fourteenth
amendment, which prohibits States from
doing anything to interfere with such
equality; that il is no infringement
of the Thirteenth amendment 20 refuse to any
person equal accommodations and privileges at
an inn place of public entertainment, how
ever II may be violative of his legal rights; that
1t imposes upon him no badge 'of slavery or in
voluntary servitude which implies some sort Of
subsection OF one person 70 another, and the in
caracity incident thereto, such Inability 10
hold property, TO make contracts. TO he parties
in court etc, and that IL the original Civil
Rights act witch abolished these incapacities
might be supported by the Thirteenth amend
ment IL does not therefore follow that the act
of 1o74 can be supported by IL.
4. That this decision affects only the validity
of the law in StatS aud not in Territories or the
District of Columbia. where the legislative
power of Congress is un limited, and IL does not
undertake TO decide what Congress might OF
might not do under the power to regulate COM
merce with foreign nations and among the
several States, the law not being drawn with
any such view.
s. That it is the opinion of the court that the
first and second acts of Congress of March /,
1875, entitled An act 10 protect all citizens in
their civil and legal lights, are unconstitutional
and void. and judgment should be rendered
upon the indictments accordingly.