The Dickinson press., 1883-11-03
February 1t will be cola. The cold weather
will last until the 9th or 10th of March,
when . breakup will occur. We will have
some severe storms In December and Feb.
CIVIL RIGHTS.
THE SUPREME corrpr,s nronx1


an SUPREME COURTS EcRxh
WARRINGTON, Oct 25-The following ore
points Of the decision Of the supreme court in
livil rights cases. After quoting the first and
second sections of the act. Justice Bradley, who
delivered the opinion, says:
Has congress the constitutional power to make
!nch . law? OF course, no one will contend that
the nower to pass it was contained in the %constitu-
ZION before the adoption of the last three amend-
amendment. The first section, which is the one re-
led on. after declaring who shall be city ms of the
q 'ited States aud several STATES, is prohibitory in
It's character. and prohibitory. upon States. 1t is
State action Of q particular character that is pro-
nihited. The individual invasion Of individual
rights is not the subject matter of the amendm-nt.
and makes void all State legislation and
State action of every kind which impairs the priv
aeges or immunities of citizens OF tn. United
States, or which Injuries them in life. liberty or
property. without due process of law, or which de-
aies to any of them the equal protection OF the
laws. It not only does this. but in order that the
brutum fulmen. the last section of the amendment
invests congress with power to enforce it by APP
%propriate legislation. To enforce prohibition by
prohibited by State laws and State acts. and thus
tender them efectually null. void and inocuous-
this ia the legislative power conferred upon con-
gress, and this is the whole of it. 1t does not in-
vest congress with power to legislate upon subjects
winch are within the domain of State Legislation,
but 10 provide modes of relief against State legisia-
| tiou or State action Of the kind referred to. Until
some State law has been passed. or some State
action. through its officers or agents. been taken adj
verse to the rights of citizens sought to be pro-
tected by the fourteenth amendment no legislation
Of the United States under the said amendment
nor any proceeding unler such legislation can be
called into activity by a prohlbitory amend
State authority. Inspection of the law here in
question shows that it applies equally TO cast aris-
ng in States, which have just such laws respecting
the personal rights of citiz ms, and whose authors
ties are now ready to enforce such laws as to those
which arise, in a State that may have violated the
prohibitions attached. In other words it steps into
the domain of local Jurisprudence and lays down
! rules for the conduct Of individuals, in society to-
ward each other, and imposes sanctions for
THE ENFORCEMENT OF HOSE RULES
without referring IN any manner to any supposed
action of the State or its authorities. If this lepis-
lation is appropriate for enforcing the prohibition
amendment. is it difficult to see where it is to stop?
, WHY may a mot e = oess 81 With 9na. an go equal sn show Of
aud vindication Of all rights of life. liberty
and property? II it is not supposable that
States may deprive, persons Of life, liberty.
amendment itself does 80 suppose. should notcon-
| gress proceed at once to prescribe due process of
law for the projection of every one of these rights
In every possible case. as we'll as to prescribe equal
| privileges in inns, public conveyancesa and thea,ers?
Juage Bradley refers to the civil rights bill Of
April 4, 1866. and shows it. is clearly corrective in
Its character. intended to counterfeit and furnish
redress against State laws aud proceedings and Gus
toms having the force Of law, which sanction the
wrongful acts specified. "In this connection" he
adds. at is proper to state that civil rights such as
are guaranteed by the constitution against State
aggression. cannot be impaired by the wrongful
acts of individuals unsupported by State authority
in the shape of laws, customs, or judicial or execu-
tive proceedings. The wrongful act of an individ-
ual, unsupported by auy such authority, is simply
q private wrong. or a crime of that indlyiIlal-an
invasion of the rights of the injured party, it is
true. whether they affect his person. his property
or his reputation: but If not sanctioned in
come 81, ws syt,o by h the State, or ~ not ,,t, done
and may personally be indicated by resorts to the
laws 1T the State for redress An individual cannot
deprive a man OF his right to vote. to hold property,
ness or juror. He NAV, by force or fraud, inter-
fere with the enjoyment OF rights in a particular
case. BE may commit an assault against q person
or commit murder. or use ~rufianly violence at him,
or SANDER the good name of a fellow citizen; but
unless protected in these wrongful acts by some
shield of State law OF State authority, he cannot
himself amenable to satisfaction or punishmentan
amenable, therefore, to the laws of the State where
wrongful acts are committed. If the principles OF
Interpretation we have laid down are c. ,rrect, as we
deem them to be, 1t is clear that the law in question
would be sustained by any grant, legislative power
Or CONGRESS. or y the fourteenth amen tment:
euished from corrective legislation on the subject
In hand. as sought In the second place from the
thirteenth amendment, which amendment abol-
tha a SLAVERY ana g. gives congress power to enforce orc
amendment, as we'll as the fourteenth, is undoubt.
eddy selt-executinR, without any auxiliary Iegisla-
ton. so far as Its tel ms are applicable to any exist
lug state Of circumstances. By its own unaided
force and effect it abolished slavery and
ESTABLISHED UNIVERSAL FREEDOM.
Still. legislation may be necessary and proper ia
admit all the various cases aud circumstances 10 be
affected by it and to prescribe proper measures Of
redress for its violation in letter or spirit, and such
legislation may be primary and direct in its charac-
ter. for the am .ndment Is not a mere prohibition
of State laws establishing or unfolding slavery,
but an abso!u'e declaration that slavery or involun.
tary seryitnde. shall MT exist in any part Of the
United States. Now. conceding for the sake OF
argument that admission In q public conveyance to
any place of public amusement, on equal term.
with all other citizens is the right Of every man and
all classes of men, is 1t any more than one
Of these rights. which the States by the Fourteenth
amendment are forbidden to deny to any person?
And is the constitution violated until a denial of the
right has the same States sanction or authority? Can
the act of q mere individual owner of a pubic con-
veyance, or of q p ace OF amusement, refusing ac-
commodation. be justly regarded as imposing any
badge of slavery or servitude upon the applicant,
or only as an action for ordinary civil irquiry ii
properly coenizable by the laws of the States and
presumably subject to redress by their laws till the
contrary appearsf After giving to these questions
all the consideration which their importance de-
mands, we are forced to the conclusion that such
an act OF refusal has nothing to do with slavery
or involuntary servitude: that. if it isl violation 81
any right Of the party, his redress is to be sought
under the laws Of the State; or. If those laws are
adverse to hs right and do not protect him, his
Aou'Ay WALL 70 4OuuN III NAO COTC6CLIS0 loRlSlAL1OU
which congress has adopted, or may adopt, for
counteracting the effect of State laws or State
action prohibited by the fourteenth amendment.
1t would be running slavery argument into the
ground to make it apply to every act of discrimins-
ton which q, person may commit as Ia
whom he will entertain az q guest, o,
rs to what people he will take into
iheater. or deal with in any matters of inter-
:ourse or business. Innkeep.rs and public car
'iers, by the law OF all States. so far as we are
nish proper accommodation to all understandable
persons who, in good faith, apply for them. II the
after themselves make any unjust discrimination.
amendment. congress has full power Co afford q
'emedy under that amendment and in accordance
With it. When a man has emeryed from slavery. |
of the inseparable c%oncomitants of that state, there
must be some stage in the progress of his elevation
wheu ne takes rank as q citizen, and when his righ!a
nary modes. by which other mems rights are /
oolored people in this country before the
rights Of life, liberty and property. the same az
white citizens. Yet no one at that time thought il |
was any invasion Of their personal status as free
men because the, were not admitted to all the
privileges enjoyed by white citizens; or because
they were subjected to Determinations In the en-
joyment of accommodations of inns. public con-
veyances and places of amusement These dtscrim-
nations on account of race or color. were not re-
garded as a badge of slavery. II since that time the
enjoyment OF equal rights In all these respects has
become established by constitutional enactment, ii
Is not by forcs of the thirteenth amendment.
which merely abolished slavery, but by the force Of
the fourteenth and fifteenth amendments. On the
whole, we are of the opinion that no countenance
OF authority for the passage OF the law ran be found
In either the thirteenth or fourteenth amendment
to the constitution: and no other ground of author.
ity for its passage being suggested, it must neces-
sarily be declared veid, vt least so far as ito opera
tons in the several States is concerned.
M. -.-r,