The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-10-23
CIVIL RIGHTS.

civil-rights bill that do not appear now. At
all events prudent dealing with so grave
matter forbids of its disposal by stroke of
the pen or a wave of the hand under the
cheap assertion 81 told you So" The va
lidity of the sections of the bill which have
been declared imperative was raised when
the measure was upon Its passage, and the
clearest legal talent in the country locked
horns in the debate that followed. The
ablest constitutional lawyers in the Senate,
backed by majority of that body, cham
pioned the bill, and from pure legal grounds
convinced Congress and the country OF its
validity When the measure became a law,
and suits were brought under its provisions,
in the inferior federal courts several of the
strongest judges upon that bench when the
matter was contested held it constitutional
and valid. On the contrary, some
of the circuit and district judges
rendered unfavorable opinions. Moreover,
the measure passed the ordeal of grave
scrutiny at the hands of strong cabinet
u
remarkable for his foresight and insight as
to national affairs. In the light of these
facts, the crowd of 81 told you so" phiioso-
pliers, Who are coming forward and airing
Judgment The matters of fact aimed at in
the bill have not been questioned. That
the benefits intended to be enforced were
denied and withheld from the colored citi-
zens of the States lately in rebellion is
known of all men. And while, in the alb
stract, these colored people already possessed
the rights embodied in the bill, it is also
notorious that they were unable to secure
their enforcement in the State courts. The
possession of naked rights without the
means of their free exercise is not a coveted
boon. This important missing.l link was in
tended to be supplied by the civil-rights
bill.
Every case under the act has been contest
ed, and not one of them upon the specious
plea now offered-that the State courts af-
ford full and complete remedy for the evils
aimed at in the federal legislation. The
facts are that the States denied these rights,
and from the beginning contested the efforts
of the federal authority to enforce them. The
men who have always known everything an
nounce thus early that the effect OF the de-
csion will be practically nothing A few of
the demonstrations over the action of the
Supreme Court in various parts of the South
point to the contrary. In one instance the
telegram announcing the rendition of the
opinion was read to large audience in an
Atlanta theater. and was received with
Grounds OF applause" from the white audi
tors. Why? Because the matter in question
had simply been transferred from the federal
to the State courts? Not at all; but that by
means of the State courts the black
man could be excluded from
equal privileges in the public house. In the
same city, the leading paper for all that sec
ton, in commenting upon the overthrow of
the bill, called the attention of the South to
their great opportunity to be magnanimous
and extend the colored man the privilege
of exact equality before the law. This APP
peal comedies that the privilege had hitherto
been denied. The whole question of re-
sulting hardship from the decision hinges
and turns upon the prevailing sentiment of
the South. If the sentiment manifested at
the theater dominates, it cannot be doubted
that gross abuses will follow. If the advice
of the newspaper mentioned should be ac-
averted. But neither one will prevail gem
orally. In the places throughout the South
more advanced in modern ideas the colored
man may have but little difficulty in exer-
cising his natural rights. But all men
know that there are large communities
in the rebelious States where both the civil
are contested. In such localities the recent
decision deprives him of great moral sup
port 1t leaves hin. wholly at the mercy Of the
dominant race that has hitherto robbed him
of his ballot, his standing in local courts,
and shut him out completely from every pos
sible advantage. In such places the civil
rights law was the only thing that stayed the
hand and prevented absolute subsection.
The problem now is, whether an additional
measure of similar purport shall be enacted
or public sentiment in the South shall be re-
lied upon to work out better remedy. The