Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1883-11-26
JUSTICE HARLAN's DISSENT.
ING OPINION.
From an Independent RepnbIi.
can source.
Loui,ville comm.r,,.l

The opinion Of Justice Harlan, dis
senting from his fellows OF the Su.
prime Court, in the eivilrights cases,
HIS been issued, aud il nustbe I'D,
United that he has sustained his posi-
ton with much ability. Starting out
with the announcement that the
courts opinion seems to have been
founded upon grounds entirely too
narrow and artificial, he applies him
self closely to proving that the intent
Of the thirteenth amendment vas to
give to Congress full power 70 legislate
for the enforcement OF all rights grant
ed to the negro under that amend
ment In his study Of the legisla
ton which preceded The war,
and of the advancement Of
the negro race to the condition Of per-
feet citizenship, the justice reveals a
broad appreciation OF the movement
towards universal citizenship, and Of
the desire Of the people to remove all
Obstacles from the civil pathway Of the
enfranchised negro. His argument is
one which appeals purely to the legal
mind, but it is marked by statesman
like view of the whole question, and
concludes as follows:
My brethren say, that whom man
was emerged from slavery, aud BY the
aid of benefcent legislation has shak-
en- oft the inseparable concomitants OF
that state, there must be some stage
10 the progress Of his elevation when
he takes the rank Of mere citizen,
and ceases to be a special fayorite OF
the laws, and when his rights as a cit
izen or man, are to be protected in
the ordinary modes by which other
mems rights are protected. II is, |
submit, scarcely just to say that the
colored race has been the special IA
vorite ofthe laws. What the nation,
through Congress, has sought to &C.
complish in reference to that race, is
what had already been done
in every State Of the Union for
the white race = to secure and
protect rights belonging to them
as ireemen and citizens, nothing more.
The one underlying purpose Of Con-
gressioDal legislation has been to ena,
bic the black race to take the rank Of
mere citizens. The difficulty has been
to compel a recognition Of their legal
right TO take that rank, aud TO secure
the enjoyment Of privileges belonging,
under the law,to them as acomponent
part OF the people for whose welfare
aud happiness government is ordained
At every step ia this direction the na-
ton has been confronted with class
tyranny, which contemporary En-,
glish historian says, is, OF all tyran-
MES, the most intolerable, for it is
ubiquitous in its operation, and weighs
perhaps most heavily on those whose
0bsourity or distance would withdraw
them from the notice II a single des
pot 10 day, it Is The 'colofed race
which is denied BY corporations and
iudividuals welding public authority,
rights fundamental in their freedom
and citizenship Atsome future timeit
may be some other race that will fall
under the ban. 1.-THE constitutional
amendments be enforced according to
the intent with which as | conceive
they were adopted, there cannot be 10
this republic any class Of human be-
ings in practical subsection to another
class, withpOwer in the latter to dole
out to the former just such privileges
as they may choose to grant. The
supreme law Of the land has dec.eed
that no authority shall be exercised in
this country uponthe basis Of discrim-
nation in respect Of civil rights,
against freemen and citizens because
race, color or previous condi.
ton Of seryitude. To that decree
for the due enforcement Of which, BY
appropriate legislation, Congress has
been invested with express power
everyone must bow, whatever may
have been, or whatever are, his indi-
vidual views as to the wisdom or pol
10y, either Of the recent changes in
the fundamental law, or the legisla.
ton which has been enacted to give
them effect" H''