Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-10-25
senator Bayard and the civil Ria hts

return toward the wholesome ante bellum
view OF the relation between the states
and the Federal government. The blind
pasty spirit that enacted the Civil Rights
act OF 1875 has been rebuked by the
hig hest tribunal Of the land, and that
court composed almost exclusively OF
judges whose political sympathies are
known TO be- with the party that fsthered
the legislation just declared uncons titu.
tional. The tone OF the press, too, shows
how great change the mind of ths
whole people has undergone since the
enactment OF that now dishonored law.
As & rule there has been an unhesitating
concurrence in the justice OF the decision,
and so stauneh Republican paper and
friend OF the negro as the New York
Times says: s.-=..-== ~
The prohibition of the amendment is specific
ally directed against the making and enforc
ing of laws by the states which shall abridge the
privileges aud immunities OF citizens Assum-
ing that these include the right to equal
accommodations III public conyeyances and
places of entertainment, 1t does not appear
IA any OF these cases that any state has Ill its
LEGISLATION or the enforcement of Its laws
made the determinations complained of. The
amendment does not give to Congress the
power itself to leglslate i'll regard TO these
rights except 30 far as it may be necessary to
counteraet the prohibited legislation of
the states. This is the exact ground taken
by the Supreme Court i'll the decision just
rendered. But it is doubtful if
social privileges can be successfully dealt
with by legislation Of any kind. AT any rate,
1t is now certain that they are beyond the
Jurisdiction OF the Federal Congress. If any
thing can be done for their benefit it must be
through state legislation, They are guaranteed
against adverse and discriminating action by
the States, aud favorable action can only be
secured through state authority. This re-
mands the whole matter to the field in which
1t rightly belongs and in which alone it can
be eifectually dealt with,
That court and press and people in less
than decade should have reached such
state OF feeling must be peculiarly
gratifying to those who opposed the
Clvii Rights act upon constitutional
grounds al the time Of its passage, and
to none more so than TO Senator Bsyard.
whose language ia his speech OF February
18th, 1875, in opposition to the measure
aas now proved prophetic. The speech
Sss directed almost solely to the uncon-
stitutiol atty Of the act, and some of the
language he employed was nearly
identical with that in parts
of tue opinion delivered by
Justice Bradley on Monday last. He
declared, " The OF position to this bill,
MIR. President, will be useless to pre-
{" vent its passage, but can speak with
confidence OF the fate which | believe
"this bill will meet at the hands Of an
intelligent and independent Judiciary. u
Senator Bayard followed this up BY citing
the decisions Of the Supreme Court in
| cases then very recent, upon questions
involving exactly the same constitutional
principle involved in the bill he was Oh.
| posing, and every decision cited was a
| prophecy of what happened on Mon
day last. MIR. Baysrd declared
80 II the Government of the United State,
+" has the power 10 enter state and TAX.
"oontrcl of the vast domain of ri0bt,
IS nnd-r the stata raont.tiop i,b nj,
" va
| zen acquires ny vlrtue OF the stat,
flaws .et,jeb ar. rayulat.d hv ,ba sta+.
| htV- ore eVuierleu oy the stste5"hlcl
"heretofjre always in the history of THU
4 &,
| 'N''+ NiA7Ht nave peon pFotecteo ny lhi
| "stale, and the state alon.-if tn,
{, Tr,it,d s,at.., an, a,.,...,.. ..-,.--, :.
'Nlie guardianship
"ot sll those, then the state laws ant
Htba s+a,a oorarr,,.,,t,
Sio e'sOiutei.
worse than useless they are mer
o iauUbino .stocks aYistir, orlr =. a.
Va
pleasure OF congress and the EEecu
tive lisbl. to be distnrbad pndisa5 n
eVEtEhfoWh as pressure or caprice shall
"dictate without regard to state conatit n
|
''one VI uppo9eu FesefVaHohs OF powe
g in the states or the peotle. >,
A IN, i;,,., .,,..i .=.,
''N0s VI 10 4uotes IN
following lsugHage Of Mr. Justice Miller
in an optnion d.liv.,.I i, 1879 l.. =,
" 'f'-i'A -e'''o'74 IA 1910 III III
Slaughter HOUSE case, brought up fron
the Sunrem. Court of Lonis,ara
II "oulu pe the Valnest SHOW Of learning t
attempt to prove by citations Of authorit
thht' up 10 the adoption OF the recen
aiuellquleuts no cIallh OF Pretehse was set u
thAt lhose rights depended on the FEEDERS
government for their existence or protection
! DE1OiG tllG Very rev ENure5H Limitations Ny1t
the teoerAl CONSTITUTION imposed upon th
9tates-sueh' LOT instance, AZ the prohlbitio
against ~ posi- Jatt3 laws bills OF attatndel
ana avs lmpalrlng the obligation of contract,
but VIII the exception OF these and d fey
othef exceptions, the entire domain Z
the privileges and lmmunlties of citizens o
the statts' as above defined, lay within tn
constitution and legislative power OF til
states ana without that OF the Federal gov
erhment. was II the purpose of the Foul
teellth amendment, by the simple declaratio
that no state should make or enforce an
law winch shall abridge the privileges all
To Ga c,.izeEs o. 1ne nted State
the civil rights which we have mentione
aod ,r re 9'a'g9 70 .e 5ederai government
have the power to enforce that article, wa
y tnlpiIaeu 70 ofihs within the power of Coz
tofore belonging exclnsiyeIv IN the sta iIa
The argument, we admit, il NJ
from the conseanenees nrr @'O aga ~ tfs ~
adoption of particular constructio
IN IN the ' case st1Vn'i befor 3u' ", ~heh' .bo
consequences are SO serious, 80 far reachin
su ppT@ snd ,n ~ gttt aepsFtnIe from IL
the effect Is to fetter and degrade the st tai
S .5i n, @ by SnoJeeuns them to the col