Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1883-10-25
AN "ABSORBING QUESTION"


East and West, is the Civil Rights decision
of the Supreme Court. The Chicago Tribune
gives an historical account of the famous
measure. 1t says:
The supplementary Civil Rights act was
under consideration from Jenuaryto March,
1875, and during the consideration Of it oc-
Cured the protracted deadlock in the House
which has become historical. Mr.. Randall
was the leader of the opposition. The bill
was passed in the House by vote of 14S to
l13. The Republicans who voted against it
were Butler, Harrison and Thornburg, of
Tennessee Hyde and Stanard, of Missouri !;
Lowndes, of Maryland; Sewer and Amber
Smith, of Virginia; Walter Phelps, of New
Jersey Ray, of Illinois st. John, of New
York; and Thomas, of Virginia and in
the Republican press of the day their names
We're often printed in black letters under the
caption "rhe Republican enemies of civil
rights" In the Senate the bill was passed
yeas, 3S {; nays, % absent, Q. The affirma-.
tive vote was wholly Republican, and
among the negative votes were these Re-
publicans Carpenter, OF Wisconsin Ferry,
of Connecticut; Hamilton, Of Texas, Lewis
of Virginia, SchurZ, Sprague and Upton.
Mr.. Carpenter made an argument in the
Senate against the cOnstitutiOnality of the
law declared that all of itsproVisions were
in conflict with the Constitution, and pre-
dicted that the Supreme Court would hold
it invalid and void. Edmunds, on the 9TH
er hand, was the advocate of the constitu-
tionality of the bill. He insisted that the
purpose of the bill was to protect the people
against determinations founded exclusively
upon color. In the eight yearssince the bill
passed it has failed to justify the eXpecta-
tion of it's friends or the predictions of its
- I'D al nr.
the law was delivered by Judge Emmons,
of Tennessee, who, in charge to the grand
jury in reference to the Civil Rights bill, de-
clared it to be unconstitutional maintained
that the United States could not interfere
with hotel proprietors or common carriers,
and asserted the right Of the States to take
care of their own private affairs.
Prof. Langston's claim that he drafted
the original bill has been strenuously de-
MED. 1t is stated, by a Baltimore Sum cor
respondent that the Langston-Sumner bill
was laughed out Of court. The bill that
finally came up for discussion was substi-
tute of the Senate Judiciary Committee.
The Sttn furnishes other facts of history as
follows:
This substitute, although very much mod
flied from the original bill, undertook to in
clude cemeteries in it's application. The bill
even as modified was fiercely attacked, and
Mr.. Frelinghuysen again and again strove
vainiy to deny that it touched the question
of social equality. After many days of de-
bate the bill was passed and sent to the
House, with nearly if not quite one-half OF
the Republican Senators absent when the
vote was taken. When the bill reached the
House General Benjamin f. Butler, who
was then Chairman of the Judiciary Com
mittee of the body, moved that it be refer
red to his committee, and stated quite posi-
lively that it would not be reported back.
So the bill which Charles Sumner first in
troduced and Frelinghuysen recast was
smothered to death by Benjamin F. Butler.
He afterwards reported from the House Ju-
dietary Committee civil rights bill which
he had drafted himself. The House passed
this bill, sent it to the Senate, where it was
adopted by that body, and this is the meas
ure which the Supreme Court has now de-
clared outside the pale Of the Constitution.
Benjamin F. Butler is therefore the father
all the credit or the blame, as the case may
be. Dot less he had this very bill in his
mind when he lately boasted of his ability
to control the colored vote of the country.
Senator Carpenter was a better lawyer
anu tIliSI plOpllel llitil 'oCHalol i-N'ihuti."''
The Supreme Court has nullfied the bill as
he predicted, and, strange to say, Gov. But
Ter of Massachusetts,, is saddled witha large
part of the responsibility of the measure
which has had the grand bounce from Re-
publican Supreme Court.
Some Of the colored people, like Prof.
Greener, will probably raise wordy war
on the subject, and here and there few
malcOntents will make trouble which can
do themselves and their people only harm.
The Augusta Chronicle expresses the opin-
ion that this decision, in the long run, will
be benefit to the coloredpeople themselves,
the more so if they detach themselves from
the Republican party and ally themselves
politically with Southern white men who
desire, not their harm, but their good. The
people of the South should treat them justly
and kindly. A great delusiOn has been re-
moved from their minds, and it is just as
well that this settlement should come now,
and not be made source of disturbance any
longer. If the colored people chooseto pun
ish the Republican party for what they con-
slider betrayal of confidence, be it so. 1t
is written that the Republican party must
go, and it will be only in grim and logical
keeping that the Black man should help adj
minister one Of the parting kicks.