West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1883-10-26
UNCONSTITUTIONAL.

tNNVNNtal IlONtI.
Tho Supreme Court Declares tho civil
Rights Act Contrary tn tho ConstItution
-Gommcnt- or Prominent CuIor,d Mon
on the Decision.
WNsuINGruN, Oct t5,-ln tho Supreme
Court Justice bradley delivered tho decision
oi the United States ~. Samuel u. Single
ton, involving tho cOustitutionality of the
act oi Congu'ss ut March |, 1879, enutlcd:
"Au act To putcct all citlicns In their civil
and legal rights llo dccidcd that the Rr,t
and second sections Of the act ar vncnnsti.
tutional Justice Bradley took thr ground
that the scope Of tho Thirteenth and Four
tccnth Amendments did not extend TO
the social privileges Sought 10 bc guar
antcvd 10y the legislation i'm question.
The court was unanimous with tho cXcep-
ton ot Justice Harlan, who said that under
ordinary circumstances ho would ba slow -
oHpVSc his individual Judgment to his coll
leagues, but this decision defeated what tho
people intended to secure and supposed that
they had secured, and hence lac must dis
sent from the opinion. llc had not had
Tim" TO formulate his views, however and
would NOW therefore merely announce his
dissent quito number of prominent law
ycrS were within tho bar to listen 10 the
opinion, including the Attomcy-G Gcncral and
Senators Buyard and Garland.
The decision viii apply to the Ave civil
rights eases In that COur, based ON tho first
aud scvond sections OF tho Civil Rights aot
ol March !, 1873. They arc respectively
prosecutions under the act for not ADMITTING
coltan colOrcd persons to equal nccommo-
Ia, f,.,. L.
railroad cars and theatcrs. The court holds,
NS stated, that Congress had no constitution
al authority To pass the sections I'm question
under either the Thirteenth or Fourteenth
Amendment OF the Constitution. The de-
cisiuu, however, Is hold to apply only To the
validity ut the law i'm the States and not I'm
the Territories or District Of Columbia,
where the legislative power OF Congress IL
unlimited.
The decision is based on the ground that
in passing the net Congress usurped the
power which belongs exclusively 10 the State
Legislatures. The Thirteenth and Four
teruth Amendments give no power To Con-
rr'sS, because the former only relates to
slavery, which II ab0lishcs, having nothing
Ia do with different races or colols, and the
latter Is prohibitory upon tho States only,
uhdloib.Ua them from making certain laws.
Al they do make them Congress is cmpow-
cred to make laws to couutcract their effect,
| and this Is all the law Congress Is able to
| make on the subject IL has no authority TO
! directly lcgisatc upon IT,
Fled Douglass, when asked what Inc
| thought of the decision, said " # Is dis
| heateniug, and regard II us step back
ward, The result will los mlscheyous. AZ
| The close OF the war, and I'm view of the
services rendered by colored men. there WAS
n disposition on the part of the country 10
| coneedc to them complete citizenship and
| eqnl civil rights In the use OF all
| public convcyances aud Institutions /
regarded flis decision as a part. VI
the general reaction naturally fol-
lowing increased friendship between the
North aud South, which comes OF the diving
out OF the old controversy ON the subject OF
slavery. Nearly all the concessions the col
orcd people have received have
been the result OF the antago-
nisin OF the two sections. / donOt despair,
however Of the ultimate return OF 4
liberal spirit toward the colored pco-
pie. think the decision confouud5 so
clal with civil rights Social equality does
not result from riding on the same
car with man or buying goods at the Same
store. Tho decision places the American
people FAR n Use rear Of the civilized na-
tOns of Europe The decision Is contrary
To the Declaration Of Independence, the
spirit OF Christianity, the spirit Of the ace.
and In violation Of the Fourteenth and Fif.
teontl Amendments. It tends 10 weaken
the spirit Of patriotism which the nation
may need in some hour Of peril"
Prof John W. IhugJon, Minister 10
Ilayii, is the man who drew, at tho request
OF Charles Sumner the act Of which tho
two sections were declared unconstitutional
lie says: 81 am surprised and deeply dis.
appointed at the decision, but In fact. the
'lNil IdRits act gave Us no rights which
we did NOT already have under
the Fourteenth Amendment Wo have
with or without the not equal rights I'm this
country and the courts of thc States should
rIyc them 10 us. u they do not, then Con-
grrs7 has power under tho amendments to
lrgisI1tc so that they will be compelled 10
do ro. The result therefore, will be simply
to bring the matter before Congress again"
Tho decision is thc subject Of universal
comment here, and it is safe 90 say that no
other decision Of the court since tie famous
lHcd scott decision by Chief Justice fancy
has created 80 much excitement and discus
sion.