Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-10-18
The CfviY Rights Decision.


ue decision OF the Court as follows:
The Court in long and carefully prepared
h2inion by Justice Bradley, holds First
That Congress had no constitutional authority
20 pass the sections in question, under either
the Thirteenth Or Fourteenth amen lment OF
the Constitution. Second-1hat the four
seenth amendment is prohibitory upon the |
states only. aud that the legislation authorized
TO be adopted by Congress for enforcing that |
amendment Id not direct legislation ON tho |
matters respecting which the states are pro-
Inhibited from making or enforcing certain
laws, or doing certain acts, but is cor
receive legislation, necessary or proper for |
tounteracting or redressing the effect OF |
such laws or acts that, i'll forbidding thu |
tat b, for example, to deprive any person of |
llfe, liberty or property without due process |
OF law and giving Congress power to enforce |
the prohibition, 1t was not intended to give |
Congress power to provide due process OF
law for the protection OF life, liberty and |
property (Which would embrace almost all
subjects of legislation) but to provide mode, |
of redress for counteracting the operation
and effect of state laws obnoxious to the pro
hibition. Tbird-That the Thirteenth
amendment gave no power to Congress to
pass the sections referred to, bee use that
amendment relates to slavery and involuntary
seryitude, which II abolishes, and gives Con.
gress power to pass laws for its enforcement
that this power only extends to the subject
matter of the amendment itself, namely
slavery and involuntary seryitude and the
necessary incidents and consequences OF
those conditions that it has nothing to do
with different races or colors, but only refers
10 slayery-the legal equality OF different
races and class OF citizens being provided for
III the Fourteenth amendment, which pro-
hlDlts the states from doing anything to
Interfere with such equality that it Is no
infringement of the Thirteenth Amendment
to.reiuse to any person the equal accommo-
datlohs and privileges of an inn or
place Of public entertainment how
ever 1t may be in violation of his
legal right; that it imposes upon him no
badge OF slsVery or involuntary servitude
which imply some sort of subsection of one
person to another, and the lncapacity incident
thereto, such az inability to hold property,
make contracts to be parties in courts, &c
and that II the original Civil Rights act,
which abolished these incapacities, might be
supported by the Thirteenth amendment, 1t
does not therefore, follow that the act OF 1875
can be supported by 1t. Fourth-Ihat this
decision affects only the vihdty of the law in
the states and not in the territories or the
District of Columbia, where the legislative
| power Of Congress Is unlimited, aud it does
not undertake to decide what Congress might
or might not do under the power TO regulate
commerce with foreign nations and amongst
| the several states, the law not being drawn
| with any such view. Flfth-rnat therefore
1t is the opinion Of tine Court that the first
and second sections of the act Of Congress OF
Marcn ,; is., 1910, entilieu an act 70 protect;
are unconstitutional and void, and Indictment
should be rendered upon the indictments
M,
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'a"' gu u'ofe ''oerai Puouo senumei
giving nun encouragement and
" 'ue enu tue husihess relsuo'
Vi oil o'aSSeS Will not Do serious
iAmeieu' even though ths right OF u
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81 ''o"s aiming 'heir own oitizens mas be-
II uiuunpuau'iy 'inulcateo' IN pelswa
II sue ueois'oh o' yesterday Is likely TO ha
SO MUS eheo' upon the Negroes privilege
J. Nooouy hers Is made very unhappy by t
'f presence Vi ooloreu people ID railway ca
10 ana other puoiic cohVeysnces, and the
81 Id not Tue least likelihood that g.
al separate apartments in cara or hacks
or people of that race. The negro who
is presence is specially offensive to clean
D. or fastidious persons will probably
Mt asked into tue smoking car, but il he ii