The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-10-31
CIVIL RIGHTS.

Court in the civil rights cases: After quot
ing the first two sections of the act, Justice
Bradley, who delivered the opinion, says:
Has Congress the Constitutional power to make
such law OF course no one viii contend that
power to pass il was contained in the Constitution
before the adoption OF the last three amendments.
Power is sought. first in the fourteenth amend
ment, 6rst section, (which is the one relied on,)
which, after declaring VINO shall De citizens OF the
United States and the several States is prohibit0Ty
in its character and prohibitory upon the States.
It is n State action OF a particular character
that is prohibited. Individual invasion. individual
rights is not the subject matter OF the amendment
1t has deeper and broader scope. II nullifes
and makes void all State legislation and state
ton OF every kind. which impairs the privileges
and mmuniies OF citizens OF the United
States, or when Injuries them in life, liber-
" or prosperity without due process of law or
which denies Ia any of them equal protection OF
laws. IL not only does this Dut i'll order that the
National will thus declared may not be bru-
tum fulmcn, the last section OF the amendment in
vests Congress with the power TO enforce il by APP
adopt appropriate legislation for collecting the
iects oil such prohibited State laws AMI State acts
and thus render them efectually void and
innocuous- This the legislative power con
ferred upon Congress. and this Is the whole OF it,
Il does not invest Congress with power to egislate
upon subjects which within the domain of
stale legislation but to provide modes of relief
against State legislation state action OF the kind
REFEREES 10 until some State law has been passed
or some State action through its officers or agents
tonight 10 be protected By the fourteenth amend
ment. 40 legislation OF the United States, under
said amendment. nor any proceeding under such
legislation. be called into activity for proh-
billions OF the amendment against the State
laws and acts done under the State authority. An
inspection OF the law here in question shows that
states Which have j1st laws respestin n9
PERSONAL rights OF citizens, and whose authorities
are ever ready TO iniOrce such laws, as To those
prohibition amendment In other words. II steps
into the domain OF local Jurisprudence and lays
down rules for the conduct of individuals in S0ci.
other. sanctions
the Enforcement OF those rules without referring in
any manner to any supposed action of the State
its authorities Ii this legislation is appropriate
for inioTcng the prohibition amendment. il is diff
hcult TO tell where It IS TO stop Why may not Con
code OF laws Tor the Enforcement and vindcatiou
OF all rights OF life. liberty aud property Ii II is
lie IiberIy and property without die DrpeeSs OF
law, (and the amendment itself does suppose this.
why should not Congress proceed at once TO pre-
one OF these fundsmen tai rights every possible
CaSe as well as to prescribe equal privilege il inns
/, public cOnveyances and theaterS?
Judge Bradley refers the civil rights bill OF April
f. 1906 and shows ii is clearly corrective in its char
acteT intended 10 cOunteract aud furnish redress
against State laws, aud proceedings ana customs
having the force of laws which sanction wrongful
acts specified I'm this connection, he adds. at
is proper 10 state that civil rights such guar
aneed by the Constitution against State aggression,
not be impeir ed By wrongful acts OF individuals
unsupported by state authority tn the shape of
laws customs or judicial executive proceedings
A wrongful act, of gu individual unsupported by
any such authority is simply private wrong or
crime at that lndlvlduat isvas OF the rights
oil the injured pariy-Its true whether they effect
his person. his property or his reputation. but not
II sanctioned in sonfeway by the State or not done
under its authority his ights remain in ull force
and may be presumably viadicated by resort TO the
not deprive = man of his right 10 vote TO hold
property 10 buy. 10 sell, to the Courts To
/ be witness or Juror. He NAV by
force or fraud Interfere with the enjoyment
OF the right in particular case; he may commit
an assault ssainst the person or Commit murder
or use rutiiai violence at the polls. SANDER the
good name of . fellow citizen. but unless protected
in these wrongful acts oy some shield of State law.
right. lie will only render himself amenable to
satisfaction or punishment ana amenable To salts
faction therefore to the laws OF the Stale where tue
Interpretation we have laid down are correct,
we deem them TO be. il is clear law that the QueS-
ton can not he sustained by any grsnt OF legisa-
1 tive power made to Congress by the fourteeath
amendment. But the power OF Congress to adopt
direct aud primary as distinguished from correc-
! tive legislation on the subject in hand. is
sought IN the second place from the thirteenth
amendment. which aboishes slavery aud gives
/ appropriate legislation. This amendment. well
as the fourteenth, Is undoubtedly seltexeeutive
without any ancillary legislation far its terms
are applicable TO any existing State circumstances.
4 By It's own aid, force and effect II abolished
I slavery and established universal freedom STILL
legislation may be Necessary and proper TO meet
all various cases aud circumstances To be affected
by IT, and TO prescribe proper modes OF redress for
lis violation in letter print and such legislation
may be primary and direct in its character,
for the amendment is not mere prohibit.
nS mon s SSs aS but attacking an sisoupe
declaration that slavery or Involuntary seryitude
shall not exist in any part OF the United States.
Now, conceding Tor the sake OF argument that adj
mission TO an inn. public conveyance or place
OF public amusement on equal terms with all other
citizens is the right Of every man and all classes
states Uy the fourteenth amendment are forbidden
to deny to any person. and is the Constitution vi
olated until denial OF the right has some state
sanction authority Can the OF n in
dividnal owner of an inn. public conveyance or
place OF amusement refusing accommodation be
Justly regarded as imposing any badge OF slavery
orseryitude upon any applicant or oIIly as inlet
s se SSs % S eav 1l15y p50pTy
10 redress by these laws, until the contrary APP
pearsg
which their Importance demands, forced 10
the conclusion that such an act OF refusal has
nothing 10 do win slavery or Involuntary seryi-
party has redress 10 be sought under the laws of
the State Or II those laws are adverse 10 his rights
and do not protect him, his remedy will be found
in the corrective legislation which Congress has
adopted or may adopt for eounteracting the effect
OF state laws or State action prohibited 10y the
fourteenth amendment Ii would be running the
ply TO every act of discrimination which person
NAV see fl as a guest or he will entertain,
as to the people he will take into
his coach or cab or car. or admit 10 his concert or
theater or deal with in other matters OF iuter-
course or business Inn keepers and public carriers
by the laws OF all States far as we are aware are
/
ccommodations 10 all unobjectionable persons
who, IN good iaith, apply for them. II the laws
themselves make any unjust discrimination amen
aole to prohibitions OF the fourteeuta amend meut
Congress has full power TO afford remedy under
that amendment aud in accordance with Il. When
man hiss emerged from slavery snd by the aid OF
benebcent legislation has shaken the insepsrable
concomitants of that state. there must be some
stage in the progress of his elevation wnen he takes
RANK a mere citizen and ceases 10 be special
fsvori;e of laws. and when his rights
citizen to be protected in the
ordinary way. by which other meas rights are
protected There thousands OF free cciored
people in this country before the abolition OIL
slavery enjoying all the essential rights OF life
liberty ana property, the > white citizens
yet no one at that time thought IL was any inya
ysson OF personal status a. free men, because theJ
not admitted to all the privileges enjoyed By
white citizens. because there objected e
determinations in the enjoyment of accommoda
ton I'm inns. public conyeyauces and places o
amusement. Mere determinations on account o
color. were not regarded bad a
slavery Since that time the enjoyment OF equa
rights in these respects hiss become established b.
constitutional enactment. IL is not by force OF th
. thirteenth amendment which merely aboiishes
avery. bnt 10y force OF the fourteenth aud di
0st ls.a .oft "a