The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1883-11-03
CIVIL RIGHTS.
THE SUPREME COURTS pEcnEE.

CIVIL Tlbnts cases hlter uuoiinB tne Hrst abC
second sec ions of the act, Justice Bradley. who
delivered the opinion, says
Has congress the constitutional power to max,
such a lawf Or course, no one will contend tAa
the power TO pass 1t WAS contained IN the constitu'
Il before the adoption Of the last three amend
m"nts. Power is sought nrst In the fourteenth
amendment The first section, which is the one
ed on, after dec arng who sha be- ciiz ms Of the
U lted States AID several STATES, is prUhbtoIy IL
lts charac er, aud prohibtory upon States II IL
STATE action VI particular character that Is pro.
hibited. The individual Invasion OF individua
rights Is not the subject matter Il the amend M
Ii has deeper aud br, advr scope 1t nulihe,
aud makes void all State legislation and
State action Of every kind which im.airs the priv.
ilcges or immuni'ies OF citizens Of tn Umt,d
states, or wblch Injuries them IN llfc. liberty OF
property, without due procrs, of law, or which lie
mes to any Of them the equal protection of the
laws II not only does tins, but Ia order that the
national wis thus dec ared may not be mere
brutum fulmen, the last section Of the amendment
invests congfess wuh power to enforce II by ap-
propria'e legislation. To enforce prohibition by
appropriate legislation for correcting acts
prob bitei by STATE laws aud State acts, AMI thus
render them etf ctualy uul, void aud inocuous-
this Is this legislative power conferred upon con-
gress, and this Is the whole OF H. IL does not n-
W congress with power to egi~ate upon 81, .cts
when are within he domain of State ltgjsa.,un,
bu 10 provide modes 81 relief against stage !, sSid-
ton State action uf the kind referred to. UH'l
some State law has been passed. or some State
actlun through It's officers or agents, been taken adj
verse tp the rights OF ciuzeus sought TO be pro-
tect-d by The t ureenth atnendmeut no legislation
Of the Cuited States under tho sali amendment
nor auy Proceeding TN Ter such legislation can be
called into activity by a prohibitory amend
ment against state laws and acts dUue under
State authority Inspection of tho law here IN
GU stlOn shows that apDics equatl TO cas- aris
ng ia > a'es, which have just such laws respBciBg
the personal rights oi clI1 MS, and whose au hori-
ties are now ready TO enforce such laws as those
which arise, 10 - ate that may have violated the
pronlb ions attached. In Otner words IL steps INTO
tho domaia OF local lar'sptadence ani lays dowa
rules Tor the conduct Of indvidua :. in society to-
ward each other, and imposes sanctions for
THE ENFORCEMENT or THOSE RULES
without referring ~ auy manner TO auy surposed
action Of the stl'e or Us sutuorieS lt 'Als legis-
ls'iou Is appropriate for enforcing the prouib ION
amendment, Is IL tlicu 10 see where il is to stop?
WY may not congress wtc au equal show Il
suthotliy enact code OF laws ior the enIorcem nt
aud ynuicdtIon OF all rights OF life. hb-rty
aud propelbf II 1t is not suppcs ,ble that
States may deprive persons ot lie, !iber'y,
AMI property without due process of law, aud If tAe
amendment Itself does 50 suppose, should not con.
gress proceed al once 10 prcscr b5 que process Il
law for the protection Of every uns Of 'hese rights
IN every possible case as wo as to prescribe equal
privileges IN iuns, public convey anceo ard thea ers2
u &c Bradley refers 10 the cisi. rights bin OF
ApriI 1, 1866, and shows u Is cleary corrective in
its character, IN ended TO Countoract AMI ;uruish
redress against ate laws aud proceedings AMI Gus.
toms laving the force OF law, which sanction tue
wrot 2 u. acts specified. "lu this connection he
adds. "t Is proI er TO state that civil riguls such as
are guaranteed hy tho constitution agaus; STATE
III /.
acts Of indyiiuais unsupported 10y state authority
in the shape OF aw>, customs, or judicial or execu-
tive procee lngA TIE wrongful act Of an iRliyld-
uil, unsupported by ANY such authority Il Simply
private wrong, or crime II thlt in1yl lI,!-an
INVASION of the rights OF tho injured party II Is
true. whether they sfect his person, his property
or his repu alton; but II not sanctioned 10
come 10y the STATE, or not dose
under its t!ority. his rights remain in full force
aud may personally be vindcatei b. resorts 10 tho
laws e the state for red ess An Individual cannot
n IN al l. - a q. a
10 bur ana sell, 10 sue ~ The courts, or to b. wit
ness or juror. He NAV, by force or fraud, inter-
fere Wi the enjoyment vi rights IN particular
case. lie nay commit an assault against person
OF commit murder. or use ruiiluy yiO.eaCs a. him.
or SANDER the good name OF II fellow citizen; hut
unless protected in these wrongful acts 10y some
shield of State law or State authority, be cannot
destroy or IL jure the night He will ony render
himsp { amenable TO sat saction or punishment aud
ameuable. therefore, 20 The laws Of the State where
wrongful acts are committed. IL the principles OF
Interpretation We have laid q 1wn are trcct,
deem them to be. 1t is clear tha! he law in question
would be sustained by any grant. legislative power
congress. or BY the fourteenth amen i'm INT;
but 70 adopt direct and primary is dstin-
gulshed from corrective leg Station on ;he subject
iu hand. as sought ia the sec nj place from lie
thirteenth amendmeut which amen tmeIt abOl-
i.hed slavery aud gives congress power 10 enforce
the amendment by appropriate legislation. This
amendment, as well as the fourteenth, is undoubt
edy sell executing without snv auxiliary legisa-
tou. so far as It's 'e M are app icabc to any exist.
log state OF circumstances BY its own unaded
force and effect II abolished slavery aud
ESTABLISHED UNIVERSAL FREEDOM.
Still. legislation may be Necessary and proper 10
admit all the various cases aud Circumstances 10 lie
affected by II and TO prescribe proper measures 0i
redress for its violation in letter spirit, AMI such
legislation may be primary and direct in its Cbarac
ter. for the am andment Is not u mere prohibition
OF State laws establishing or NJ bOidlLg slavery,
but an absou declaration that slavery or involun-
tary servIude, shall n 1t exist in any part Of the
United States Now. concedng for The sake Il
argument that admission IN a public convey ance 10
any place OF public amusement. on equal terms
with all other cz'ns l. tue right Of every man ard
all classes OF men, Is IL any more than
Of these rights. which the States by the Fourteenth
amendment are forbidden TO deny to any person.
And is the constitution violated until denla! Of the
rgut has the same State, sanction authority? Can
the act OF a mere individual owner OF pubic con-
veyance, or OF ace OF amuse men, refusing ac-
Commodation, be justly regarded as imposing any
badg Of slavery or servtude upon the applicant,
or only action for Ordinary civil irquiry il
properly coauizAble by the laws OF the States and
presumably subisC TO redress by their laws till the
contrary appears? After giving to these questions
all the consideration which their importance de-
mants, we are forced 10 the conclusion that such
an act OF ri fusa has nothing 20 do With slavery
iuvoluutary servitnde: that. IL II sA viOl alton Of
right Of the party, his redress is to be sought
under the laws II the State: or, II those laws are
adverse 20 his right and DO not protest him. his
rem DIV will be found in the corrective legislation
which congress has adopted, or may adopt. for
counteracting the effect Of State laws or State
acton prohibited hy he fourteenth amendment
ground 10 make II appy TO every act ot discrimirs
ton which person may commit AS TO
whom he w entertain - guest. or
as to what people he will tase into
his coach, cab. or car, or admit 10 his concert os
tEeat.r. or deal with In anv mtticrs OF inter-
course or business. Inukecp1rs and pnoc car
rers. by the law of all States. 80 far as We are
aware bound 10 extent Of their facilities to fur
nich proper accumulation. 10 all unohj tb!s
persons who, in good faith, apply Tor them II tho
latter themselves make any unJust discrimination,
al fgt. IN n al ln N
amendment, congress has full power co AFFORD
remedy uuder that amendment and IN aceoFdancs
with II. Wnen man has emergea from slavery,
and by the aid of definite legislation has shaken
of the inseparahe concomauts OF ,hlt state. there
must be stage in the progress Of bis elevation
when he takes rank "a a ci Zen, aGd when his q 70
as citizen or man are 10 be protected In the ordi-
nary modes, by which ether meas rights are
pro octcd There wer, thousands OF free
colored people in this country before the
abolition Of slavery, enjoying all the essential
rights Cf life, THIRTY and property, tho sams as
white citizens Yet no one at that time thought II
was any Invasion of their personal status IS iree-
men because they we're not admitted 10 ali the
privileges enjoyed by white cit zens; or because
they subjected TO determinations in the en-
joyment OF accommodations of linus, puotc con-
vryances aud places ot Amusement These dtscr M
nations account of race or color, were not re-
esrdrd as badge Of slavery Ii since that time the
enjoyment Of equal rig9ts IN all these respects has
become established by constitutional enactment. II
is not by force Of ths thirteenth amendment.
which merely abolished slavery, but 10y the force of
the fourteenth aud fifteenth am ndmrntS. o. the
whole We are Of the opinion that 90 counienaacs
Of au horiy Tor the pass ot the law raa os found
in either the thirteenth or foutte" nth am-ufment
TO the constitution: aud no other ground OF au hor-
ity Tor its passage being sugges;d IL must necss-
sary b. declared void, al least far as its opera
tious Ia the seyera, STATES Is concerned
Vast Accumulation or cash I'm the
Treasury.
Washington, Special: The cash in the
treasury CONTINUES to pile up beyond all ex.
pectation, for the two told reason that the
receipts have not fallen of to the extent an