New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-11-22

A number of prominent Republicans have cx-
messed dissatisfaction with the Civil Rights
decision. though there have been few in COM
parison with the great number who have either
acouirsced or openly approved. Senator Shcr-
man and Colonel Ingcrs0ll are the latest critics
of the decision, but neither of them has sue
cccdrd in showing that il was bad law. As for
the future, the only practicable step for those
who believe Civil Rights laws are needed and
can be enforced is to work within the States. IL
is idle to talk Of a Civil'Rights Amendment to
the Constitution. A provision to secure the
privileges of hotels and theatres 10 blacks by
the power Of the National Government would
be inconsistent with the rest of the instrument,
and would involve, in fact, total TccOnStruc-
ton Of the theory Of our Government. Even 1t
this were not 50, il is obvious that so long as
the South is controlled by the Democratic
party no such amendment could gain the assent
of three -fOurths of the States. The only Civil
Rights law which Congress could pass, under
the Supreme Court decisions defining the scope
of the War Amendments to the Constitution,
would be one governing Interstate travel. The
right to equality in hotels, places of public
amusement, and perhaps in local travel, must
lures. OF by suits for damages, which blacks
have the same right to bring as whites
The dissenting opinion of Justice Harlan,
which has Just been issued i'll full, should fur
nish the ground if any exists, for the claim that
Congress can, by affirmative legislation. secure
these civil rights to the blacks within the
States Justice IIalans sincerity and ability
are well understood. His opinion, however
will not alter the general Judgment that the
majority of the court have rendered a decision
consistent with the Constitution and with the
former decisions upon the Amendments. He
argues that the XIlIth Amendment, which abOl
ishcd slavery. conferred upon Congress the
power to lcgisatc against all the badges and in
cdents of slavery, among which he would mum
Der determinations on account of race in the
use of hotels, cars and theatres. TO quote his
words the power of Congress under the
"XIIIth Amendment is not necessarily re-
stricted to legislation against slavery as an
constitution upheld by positive law, but may be
"exerted to the extent, at least, of protecting
"the race, so liberated, against discrimination
ain respect of legal rights belonging to free
"men, where such discrimination is based upon
GracrT- The XIVth Amendment, which made
the blacks citizens, and forbade My state to
make or enforce any law abridging the priv
leges of citizens of the United States, or to de
prve any person of life, liberty or property
without due process of law, or to deny to any per
son the equal protection of the laws, cnlargcs,
as Justice Harlan claims the power of Congress
over this subject, which was already adequate,
in his view, under the XlIlth Amendment. He
asserts that the later Amendment "prcscnts the
first instance in our history of the invcstiturc
aof Congress with affirmative power, by legis-
"lation, to enforce an express prohibition upon
q the States" The majority of the court, on the
other hand, hold that it is simply declaration
that no Estate" shall infringe upon the rights