The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-10-26
The Reasoning by Which the Court Reached
the Conclusion that Congress Had No
Authority to Make Such Law.
The Law Invades the Domain OF Local
Jurisprudence, and is Invalid.
n. w. Fitzgerald Added 20 the List OF Sus-
pended Pension Agents-Gresham
and the Lotteries.
CIVIL RIGHTS.
Principal Points of the Decision Declaring
the Law Unconstitutional.

the Law Unconstitutional.
WASHINGTON, Oct. 25.-Following is the
main points of the decision of the Supreme
the first two sections of the act, Justice
Bradley, who delivered the opinion, says:
HAS Congress constitutional power to
make such a law? OF course no one will
contend that power to pass it was contained
in the constitution before the adoption of
the last three amendments. This power is
sought, first, in the fourteenth amendment.
The first section-which is the one relied on
after declaring who shall be citizens of the
United States and of the several States, is
prohihtory in its character and prohi ibitory
upon the States. 1t is State action OF par
ticular character that is prohibited. Indi-
vidual invasion of individual rights is not
the subiect-matter of the amendment.
1t has a deeper and broader scope 1t
nullifes and makes void all State legislation
and State action of every kind which inn
pairs the privileges or immunities of citizens
OF the United States, or which Injuries them
in life, liberty or property without due pro-
cess of law, or which denies to any of them
equal protection of the laws 1t not only
does this but in order that the national
will thus declared may not be mere brutum
fulmen, the last section of the amendment
invests Congress with power to enforce it by
ton, to adopt appropriate legislation for
correcting the effects of such prohibited
State laws and State acts, and thus to render
them effectually void and innocuous. This
is the legislative power conferred upon
Congress- and this is the whole OF it. 1t
does not invest Congress with power to legis-
late upon subjects which are within the do
main of State legislation, hut to provide
mode of relief against State legislation or
State action of the kind referred to- Until
some State law has been passed or some
State action through its officers or agents,
been taken adverse to the rights of the cit-
Zens sought to be protected by the fourteenth
amendment, no legislation of the United
States, under said amendment, nor any pro-
ceeding under such legislation, can be called
into activity, for the prohibitions of the
amendment are against State laws and acts
done under State authority.
IAN inspection of the law here in ques-
ton shows that it applies equally to cases
arising in States which have the
justest laws respecting the personal
rights of citizens and whose
authorities are ever ready to enforce such
laws, as to those which arise in States that
may have violated the prohibitions of the
amendment In other words, it steps into
the domain of local jurisprudence and lays
down rules for the conduct OF individuals in
society toward each other without
referring in any manner to any sup
posed action of a State or it's authorities
If this legislation is appropriate for enforc-
ing the prohibitions of the amendment, it is
difficult to say where 1T is to stop. Why
may not Congress, with an equal show of
authority, enact a code of laws for the en-
forcement and vindicaton of all rights of
life, liberty and property? If it is not sup
possible that States may deprive persons
of life, liberty and property without
due process of law-and the amendment
i+co1 x1,l,x oh
Congress proceed at once to prescribe a due
process of law for the protection of every one
of these fundamental rights in every posi-
BILE case as well as to prescribe equal prvi-
lege in inns, conveyances and theaters?'
INDIVIDUAL RIGHTS.
Judge Bradley refers to the civi-rights
bill of April 4, 1866 and shows that ''it is
clearly corrective in its character intended
to counteract and furnish redress against
State laws and proceedings and customs hav-
ing the force of laws which sanction the
wrongful acts specified In this connection"
he adds lit is proper to state that civil
rights such as are guaranteed by the consi-
tuition against State aggression, cannot be
impaired by the wrongful acts of individu-
in the shape of laws, customs,
or judicial or executive proceedings.
The wrongful act of an individual,
unsupported by any such authority, Is SIM
ply the private wrong or crime of that indi-
vidual, an invasion of the rights of the in
jured party, it is true, whether it affects his
person. his property or his reputation. But
if not sanctioned in some way by the State,
or done under its authority, his rights re-
main in full force, and may presumably be
vindicated by resort to the laws of the State
for redress. An individual cannot deprive
man of his right to vote, to hold property, to
buy, to SELL to sue in courts or to be a wit
ness or juror. He may by force or fraud in
terfere with the employment of this right
in particular case; he may commit assault
against the person, or commit murder, or use
ruffian violence at the polls or SANDER the
good name of fellowcitzen; but, unless
protected in these wrongful acts by
some shield of State law or State
authority, he cannot destroy or iniure a
right. He will only render himself amena
BILE to satisfaction or punishment, and
amenable therefore to the laws of the State
where the wrongful acts are committed.
"If the principles of Interpretation 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 of legislative
power made to Congress by the fourteenth
amendments; but the power of Congress to
adopt direct and primary, as distinguished
from corrective legislation on the subject in
hand is sought, in the second place, from the
thirteenth amendment, which abolishes sa-
very and gives Congress power to enforce the
amendment by approp pirate legislation. This
amendment, as well as the fourteenth, is un-
doubtedly selfexecuting, without any
legislation, so far as its auxiliary terms are APP
plcabe to any existing state of circumstances.
By its own aid, force and effect it abolished
slavery and established universal freedom
Still, legislation may be necessary and proper
to meet all the varioHs cases and circum-
stances to be affected by it, and to prescribe