Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-10-26
BRADLEY'S OPINION.
Full Text of the Fam Gus Supreme
Court Decision.
ANULLING THE CIVIL RIGHTS BILL.
The Reasons WHY it was Declared Void
The Spirit Of the Constitution
Does Not Recognize Dis
tinctons Of Races.

| tlnct oFs OF haceS.
WASHINGTON, October 25.-The following
are the main points in the decision of the
Supreme Court in the civil rights case.
After quoting the first two sections OF the
acts, Justice Bradley, who delivered The
| opinion, sSys:
Has Congress constitutional power to
| make such law"
| OF course no one will contend that the
| power to pass it was contained in the Con.
| stitution before the adoption Of the last
three amendments. Power is sought first
in the EopEteelLh- -Amsndmsn5 frst sec,
ton, (Which is the one relied on alter de.
claring who shall be citizens Of the United
States and several States which is prohibi
tory in its character and prohibitory upon
the States. 1t is State action of particular
character that is prohibited.
IndiYidUaI Invasion of individual
Rights
| is not the subject matter of the amendi
ment. 1t has a deeper and broader scope.
| 1t nuilifies and makes void all State legis,
lation and State action OF every kind which
! impairs the privileges or immunities of citl-
| zens of the United States or which Injuries
them in life, liberty or prosperity, without
the due process Of Jaw, or which denies to
any OF them equal protection in the law.
IL not only does this, but IN that, the order
Of the national will thus declared, may not
0e more brutum fulmen, the last section
of the amendment invests Congress with
the power to enforce it bv appropriate leg
islaliOU to enforce prOhi bltiOn;
70 Adopt Appropriate Legislation
for the correcting effects such as is pryhib-
ted by State laws aud State acts and thus
70 render them elleCIus!ly null, void and
Innocuous. This is legislative power con-
ferTed upon Congress, and this IS The whole
vi il. 1t does not invest Congress with
power to legislate upon subjects which are
within the domain Of State legislation, but |
TO provide modes OF relief against State |
legislation Oh State action OF the kind re- |
ferred to until some State law has been |
passed or some State action, through its |
officers or agents, has been taken adverse |
to the rights OF citizens.
Sought 10 be Protected
by the Fourteenth Amendment, no legis-
ation in the United States under the same |
amendment nor any preceding under such |
legislation can be called into activity, for |
prohibition amendments are against |
the State laws, and acts done under the |
State authority inspection law here in |
question show thai il applies equally to
cases arising in States which nave the
busiest laws respecting personal rights
and citizens authorities and are ever ready |
to enforce such laws as TO those
which arise in States that may have vio-
lated the prohibition amendment. In other
words it.steps into the
nn"aIn nF InrHanrnhancA
and lays down rules for the conduct OF in.
dividuals IN society towards each other and
in poses sanctions for enforcement OF those
rules without referring in any manner to
T6ryeYf6R9fff ,het ipNuf GsHS Gtn.e q atG cav
~ 10 nifficuIt 10 see where it is TO stop.
Wby may not Congress with an equdl
show of authority enact code oil laws lot
The enforcement and vindication OF all
rights of life, liberty, and property; Ii II
is not suppUsable that States may deprive
persons OF life, liberty and property,
without Due Process OF Law,
and the amendment itself does suppose
this. why Should not Congress proceed al
once to prescribe due process OF law ior
the protection OF every one OF these lun'
damental rights in every possloIe case, as
veil ss 10 6rescribe equal privileges in |
inns, public ConveYances and tn"atTeS |
Judge Bradley refers TO the civil rights OH |
of Auril 4th, 1865, and shows 1t us clearly |
corrective in its character, intended 10 |
counteract and furnish redress against |
State laws and proceedings and customs |
having the force OF the law and which !
SANCTION the wrongful act specified
"In THIS Connection"
ba adds at is proper TO state that civil
rights such as are guaranteed by the Con
situation against State aggression Canuol
he IMPAIRED by the wrongful acts OF indi'
viduais. unsupported by State authority
in the shape OF laws, customs, or Juulclai,
or executive proceedings. The WronSlui
act of an individual unsupported by any
such authority is simply private wrong
or crime of that individual, an INVASION oI
the rights of the injured party 1t Is true
whether they effect his person, his proper
~ or his reputation, but If not slnctloned
in some way bv the State or not done under
It's authority, his rights
Remain I'm Full Force,
and msy presumably be vindicated by a re-
sort to the laws OF the State for redress.
An inIividual Cannot deprive mao OF
ms risht 10 vote, 10 hold property, 10 buV
| and sell, TO sue IN courts, or 10 De witness
| or q Juror. lie may, by force or fraud, IN
| terft re with the enjoyment OF the rlSht 10
| the particular case, he may mint an as
| sault against the person or commit murder,
! or raise ratfan violence at the polls,
| or sander the good name OF a fellow
| citizen but unless protected in these wrong
| mi acts bv some shield OF the State law or
| State authority, he cannot destroy or
| .uiUre the right. He will only
Render HimSeIT AmenabIe
to sstisf or punishment and amen
| able therefore to the laws of the State
| T,l committed III
| the principles Of the interpretstons We
| have laid down are correct as we deem
them to be it is clear the law in question
cannot be sustained by any grant Ot legs
latiye power made TO Congress by the
! Fourteenth Amendment. Bat the power OF
! Congress TO adopt, direct, and primary
| as distinguished from corrective legislation
on the subject in hands sought IN ths sec
ond place from the Thirteenth Amend
m.nt which abolish,s slavery and gives
CoEgress power 10 enforce the amenj-
| ment by
Appropriate Legislation.
| This amendment, as well as the Four
teenth, is undou 0lediy selfexecuung with
out any auxilary Legislation so far as us
terms are applicable 10 any existing State
circumstances. By its own unaided tJrCe
and effect it abolished slavery and estao-
ished universal freedom. Still legislation
may be necessary and proper 10 meet all
the various cases and circumstances to be
affected by it, and to prescribe proper
modes Of rt dress for its violation in letter
or spirit, and such legislation may be pri
mary aud DIRECT in its character for the
amendenment is not in prohibition Of
State lsws
EstabIisbing or UpholdIng slavery.
bpt an absolute declaration that slavery or
involuntary servitude sAall not exist in
auy part OF the United States. Now, Goa.
ceGIng Tor the sake of argument that ad'
missHn in an inn, public conveyance or
plsce of public smusemen! on qasl terms
with all other CITIZENS is right for every
| -, nnA al rIassaa of Is II any NOR