Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1883-11-02
CIVIT. RIGHTS.

ClVlls RIGHTS
THE SUPREME COURTS DECREE
WASHINGTON, Oct rs --rhe following are
points OF the decision Of The supreme court in
:vil rights cases. After quoting the frat aud
second sections Of the act. Justice Bradley, who
delivered the opinion, says:
Has congress the constitutional power to make
yuch q iawf or course, no one will contend that
The power to pass it was contained in the constsu-
iun before the adontion Of the last three amend
nents. Power is sought first in the fourteenth
amendment The FIRST section. which s the one re-
led on, after declaring who shall be citz OF the
q tied States aud several STATES. is prolibitory in
us character, and prohlbitory upon States. ltis
State action Of particular character that is pro-
nibited. The individual invasion of individual
rights is not the subj-cl matter Of the ame ndmrnt.
It has deeper and Or. adcr scope 1t nulhees
aud makes void all State legislation aud
State action OF every kind which impairs the priv
aeges immun'ies of citizens Of the United
States, or which Injuries them In life. liberty or
aies to any of them the equal protection OF the
laws. It not only does this, bat in order that the
national will thus dec AIRED may not be mere
brutufn fulmen. the last sectioa of the amendment
Invests congress with power to eufurce j, by ap-
sropria'e legislation. 10 enforce prohibition by
approximate legislation for correcting acts
prohibited by State laws aud State acts and thus
rendrr them eff ctua!ly null void and iuocuous-
this is the legislative power conferred upon con-
gress. and this is the whole of it. It does not in
rest congress with power egislate upon sutjects
which are within The domain Of State legislation,
but TO provide modes If relief against State egisa-
sou State action Of the kind referred to. Un,il
tome State law has been passed. or some State
action through its officers agents. been taken adj
verse to the rights Of citizens sought to be pro-
!eoted by the f thirteenth amendment no legislation
Of the United States under the said amendment
aor any proceeding un Ter such legislation DO
tailed into activity by prohIbltory amend
Eent against State laws and acts done under
question shows that it applies equally to aris
NC in States which have just such laws respecting
the personal rights Of ctiZ MS, and whose hori
tics ready to enforce such laws as 10 those
which arise, in 81 ate that may have violated the
prohibitions attached In other words it steps into
The domain of local jurisprudence and lays down
rules for the conduct OF individual 3. IN society to-
ward each other, and imposes sanctions for
THE ENFORCEMENT OF THOSE RULES
without referring IN any manner TO an supposed
action of the Stale its authorities. II this egis
Iaion is appropriate for enforcing the proulbi ion
amendment, is it difficult to see where it is t. stop2
Why may not congress with equal show Of
authority enact code of laws for the euforcen ut
! and vinlicatiou of all rights of life. liberty
aud propcrt>? II it is not snppos ,ba that
States may deprive persons Of life, liberty,
and property without due procass OF law aud it the
amendment Itself does so sulpOne, should not con-
rress proceed al TO prescrO Do due process Of
law for the protection Of of these rights
In every possible Case, as well as TO prescribe equal
privileges in inns, lubltc conve ances aud thea ersI
Ju 90 Bradley rbiers to the civil rights bill Of
Aprii T. 1865, and shows it is clearly in
its character. intendcd to counteract aua furnish
redress against S. ate laws aud proceedings ami GUS
toms avlng the force Of law, which sanction tho
wrong III acts specified. In This connection. he
adds ut is proper to state that civil rights such
are guaranteed by the constitution agalns: State
aggression. cannot be impaired by the wrongful
acts Of individuals unsupported by State authority
in the shape OF aws, customs. or 9uaIcaI or e1eca
ual, unsupported by auy such authority. is simply
private wrong. or Il crime IT thas ndlvi Italian
invasion Of the rgnts of the injured party. 1t Is
true whether they affect his person. his property
or his repulat,on; but If not sanctioned in
come WY by the State. or not done
under its authority. his rights remain in full force
laws f the State for redress An individual cannot
deprive OF his right 10 vote. to hold property,
bus and sell, to tho courts, or to b. wit
! ness or juror He NAV. by force or fraud, inter-
I fere with The enjoyment Of rights u particular
case. H. may commit assault against person
commit murder: or use ruftianly violence at him.
| unless protected in these wrongful acts by
! shield of State law or State authority, he canuo
| destroy injure tn. right He will only reuder
! himself amenabe to satisfaction or punishment and
amena BILE, therefore, the laws of tho State where
wrongful acts committed. II the principles OF
Interpretation We have laid down are rect. we
would be sustained by any grant. Legislative power
or congress. or BY che fourteenth amen lEa-nt;
| but to adop direct and primary is dstin-
guished from corrective legislation the subject
in hand. as sought in the second place from The
thirteenth amendment, which amendment abol-
tshed slavery and gives congress poWer to entorce
the amSOUultuL Nv appropriate lSStSa' lou us
amendment, as we'll as the fourteenth, is undoub.
eddy sel:-executing, without any auxiliary leeisa
tion so far as its To M are applicable to any exist
iug state OF circumstances. BY its own unaided
force and effect it abolished slavery and
ESTABLISHED UNIVERSAL FREEDOM.
Still. legislation may be necessary and proper to
affected by it and TO prescribe proper measures Of
redress for its violation in letter spirit and such
legislation may be primary and direct in its charac
ter, for the am ndment is not mere prohibI ton
0fS a aSfa n,hOlGjr
but an abso!u declaration that slavery or lnvoun
tary serviIude, shall It exist in any part OF the
United States. NOW: conceoing for the sake OF
argument that admission in public conveyance to
any place of public amusement, on equal terms
with all other citizus is the right Of every and
all classes of men, is it any more than one
OF these rights. which the States by the Fourteenth
amendment are forbidden to deny to any person?
And is the constitution violated Until denia! Of the
right has the States sanction authority! Can
the act Of mere individual owner of unhic con-
yeyauce, or Of see of amusement, refusing &C.
commodation, be justly regarded as in posing any
badge OF slavery or servitude upon the Applicant,
or only as an action for ordinary civil rQuiry il
properly coguzabIe by the laws Of the States and
presuma bly, subject redress by their laws till the
contrary appears? After giving to these questions
all the consideration which their i'm po.tancs de-
mauds, we are forced to the conclusion that such
an act OF refusal has nothing 70 do with slavery
involuntary serv,tude that If it is VOL alton Of
under the laws Of the State; or, it thosr laws are
adverse to his right and do not protect him, bis
rem dy will Be found IN the corrective legislation
which congress has adopted, may adopt. fol-
counteractng the effect of State laws or State
action prohibited by The fourteenth amendment.
1t would be running slavery argument into the
ground to make it apply to every act of dscrimin'
tlon which PRISON may commit to
whom ne will entertain az guest. OF
AZ to what people he will take into
Ais coach, or cab, car or admitto his concert OK
| Iheater. or deal with in any matters OF inter"
course or business. Iunkeep"rs and public car
;iers. by the law OF all States far as we are
aware. bound to extent Of their facilities to fur
nsh proper nm ndation to all UNDERSTANDABLE
prisons who, in good faith, apply for them. 1t the
after themselves mako any unjust dlscrnlnatlop.
| smeuabe to the prohibition OF the fourteenth
! amendment, congress has full power TO afford
remedy under that amendment and in accordance
vii h it. When a man has emerged from slavery.
and by the aid of definite legislation has shaken
off the inseparable concomitauts OF that state there
must be stage in the progress Of his elevation
when he takes rank as Citizen and when ms r'gnts
citizen or man are to be protected in the ordl"
nary modes. by which ether mems rights are are
projected. There thousands OF free
coIored people 10 this c,unrry before the
abolition Of slavery, enjoying all the essential
rights Of life, iihrrry and property, the sams az
any invasion of their personal status as free
men because they were rot admitted to all the
privileges enjoyed by white citizens; or because
| they were subjected to determinations in the on"
| joyment of Recommendations OF inns, public con-
v-yances and places of amusement These a1scr'm-
nations on account of race or color. were not re-
Earded as badge of slavery Il since that Tune the
enjoyment Of equal rights in all these respects has
become established by constitutional enactment, it
is not by force of the thirteenth amendment.
which merely abolished slavery, but by the force OF
thu fuurte zenith aud fifteenth am nd nentS. On the
whole. we are Of the opinion that no countenauca
of authority for the pass of the law ran be found
in either the thirteenth or fourteenth amendment
to the constitutions: aud other ground of au hor'
ty for its passage being suggested, it mast neces-
sarily BIZ declared vcd vt least far as lts opera"
tons in the several States Is concerned.
The Weekly Sum of Failures.
Rra.dusroot,n Icr,Hx,ol Tho Och trarr,i u,