The Warner weekly sun. (Warner, Brown Co., Dakota [S.D.]) 1883-1885, 1883-11-03
CIVIL RICE re-.
THE sJTpREME CouRr's c==SS$s

Has congress the constitutional power TO make
such a law? OF course, no one will contend thai
the power to pass 1t was contained In the ~conntitu-
ton before the adoption OF the last three amend
ments. Power is sought first in the fourteenth
| amendment. The first section, which is the one re-.
lied on. after declaring who shall be citizens OF the
United States aud several States, is prohibitory in
It's character, and prohsbitory upon States. Itis
State action Of q particular character that is pro-
hibited. The individual invasion Of individual
rights is not the subject matter OF the amendment
1t has a deeper and broader scope. 1t nullines
and makes void all State legislation aud
State action of every kind which impairs the PRIV
| iieges or imnuniiies oi citizeus OF the United
States, or which Injuries them 10 life, liberty or
property, without due process of law, or which de-
MES to any Of them the equal protection of the
laws. 1t not only does this, but in order that the
national will thus declared may not be a mora
brutum falmen, the last section OF the amendment
Invests congress with power to enforce it by ap-
p~ropgiate legislation. To enforce prohibir4n by
appropriate legislation for Correcting acts
prohibited by State laws and State acts, and thus
render them effectually null, void and inocuous--
this is the legislative power conferred upon con-
gross, and this is the whole Of it. 1t does not in
vest congress with power to legislate upon subjects
which are within the domain of State legislation,
but TO provide modes OF relief against State legisla-
ton or State action Of the kind referred Co 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 lhe fourteenth amendment no legislation
Of the United States under the said amendment
nor any proceeding under such legislation can be
called into activity by a prohlbitory amend
ment against State laws and acts done under
State authority. Inspection Of the law here in
question shows that it applies equally to cases aris-
ing in States, which have just such laws respecting
the personal rights of citizens, aud whose authori-
hes are now ready TO enforce such laws as to those
which arise, in a State that may have violated tho
prohibitions attached. In other words il 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 THOSE RULES
without referring in any manner to any supposed
action Of the State or its authorities. If this lsRls-
alton is appropriate for enforcing the prohibition
amendment, is il difficult to see where 1t is to stopp
Why may not congress with an equal show OF
authority enact a code OF laws for the enforcement
and vindication Of all rights of life, liberty
and property? II 1t is not supposable that
States may deprive persons of life, liberty,
and property without due process Of law, and il the
amendment Itself does so suppose, should NOT con-
gress proceed at once to prescribe due process OF
law for the protection Of every one Of these rights
In every possible case, as we'll as to prescribe equal
privileges in linus, public conveyances and theaters2
Judge Bradley refers TO the civil rights bill OF
April 4, 1866, and shows II is clearly corrective In
It's character, intended to couuteract and furnish
redress against State laws and proceedings and GUS
toms having the force Of law, which sanction the
wrongful acts specified. In this connection he
adds, "it 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 any such authority, is simply
a private wrong, or a crime of that indiyidual-an
invasion Of the rights of the injured party, 10 Is
true, whether they affect his person, ais property
or his reputation; but II not sanctioned Ia
come way by the State, or not dSne
under its authority, his rights remain In full force
and may personally be indicated by resorts to the
laws Of the State for redress An individual cannot
deprive a man of his right TO vote, to hold property,
to buy and sell, to sue in the courts, or to be q wit
ness or juror. BE may, by force: or fraud, inter-
fere with the enjoyment Of rights in q particular
case. He may commit an assault against q person
or commit murder. or use ruffianly violence at him,
or SANDER the good name OF a fellow citizen; but
unless protected in these wrongful sct= 81 sonss
shield Of State law or State authority, he cannot
destroy or injure the right, he will only render
himself amenable to satisfaction or punishment and
amenable, therefore, to the laws of the State where
wrongful acts are committed. IL the principles Of
Interpretation We have laid down are correct. as we
deem them to be, it is clear that the law In question
would be sustained by any grant, legislative power
or congress. or by the fourteenth amendment:
but to adopt direct and primary is distin-
guished from corrective legislation on the subject
In hand, as sought In the second place from the
thirteenth amendment, which amendment abol-
ished slavery and gives congress power to enforce
amendment, as well as the fourteenth, is undoubt-
eddy self-executinR, without any auxiliary leRisla-
ton. so far as Its terms are applicable to any exist
log state OF circumstances BY its own nnaided
force and effect 1t abolished slavery and
ESTABLISHED UNIVERSAL FREEDOM
Sill, legislation may be necessary and proper ia
admit all the various cases and circumstances TO be
affected by II and to prescribe proper measures Of
redress for Its violation in letter or spirit, and such
Legislation may be primary and direct in It's charac-
ter. for thS amendment Is not q mere prohibition
Of State laws establishing or upholding slavery.
but an absolute declaration that slavery or inyolun-
tsry :erritude, shall not exist in any part Of the
United States. Now, conceding for the sake OF
argument that admission In a public conveyance 10
any place OF public amusement. on equal terms
with all other citizens Is the right Of every man and
Of thsse rights, which the States by the Fourteenth
amendment are forbidden to deny to any personf
And 10 the constitution violated until a denial OF the
right has the same States sanction or authority? Can
the act OF . mere individual owner Of a public con-
veyance, or OF Q place OF amusement, refusing &C.
commodation, be Justly regarded as imposing any
badge or slavery or servitude upon the applicant,
or only AZ an action for ordinary civil inquiry IL
properly cognizsble by the laws OF the States and
presumably subject to redress by their laws till the
contrary appearsp After giving to these Questions
all the consideration which their Importance de-
mands. We are forced to the conclusion that such
an :ct OF refusal has nothing to do with slavery
or Involuntary servitude: that, IL it iss yicI alton Ok
any right Of the party, his redress 10 to be sought
under the laws Of the State: or. IL those laws are
adverse 70 hs right and do not protest him.. his
remedy viii be found In the corrective legislation
which ieongress. has adopted. or may adopt, for
counteractng the effect Of State laws or State
action prohibited by the fourteenth amendment.
IL would be running slavery argument into the
ground to make 1t apply TO every act Of discrimina-
ton which Q. person may commit as to
whom he win entertain a. q guest, o.
e. to What people he viii. take int
theater. or deal with In any matters Of inter.
course or business. Innkeepers and public carr
riers, by the law OF all States, so far as we are
aware, are bound to extent Of their facilities to fur-
nish proper accommodation 70 all unobiectionablo
persons who, IN good faith, apply for them. II the
latter themselves make any unjust discrimination.
amenaDlo TO the prohibition OF the fourteenth
amendment congress has full power TO afford q
remedy under that amendment and In accordancs
with II. When q man has emerged from slavery,
and by the aid OF definite legislation has shaken
ON the inseparahle concomitants Of that state, thera
must be some stage In the progress of his elevations
when ne takes rank as a citizen, and when his rights
as q citizen or man are 70 be protected In the ordi-
nary modes, By which other mems rights are
protected. There were thousands Of free
coiored people In this country before the
abolition oil slavery. enioYinR all thu Essential