The Republican journal. [volume] (Belfast, Me.) 1829-current, 1883-11-29
The Civil Rights Cases
u SrICE HARLAN FILES HIS DISSENTING
OPINION.

JUSTICE HARLAN FILES HIS DISSENTING
OPINION.
Justice Harlan of The United States
Supreme Court has flied his dissenting
opinion i'll the civil rights cases. He be
llareS that the court, in deciding these
cases, has departed from tie familiar
rule requiring in the Interpretation OF
constitutional provisions that full effect
be given to the intent with which they
were adopted. To Show what was the
intent Of The people in the Thirteenth
and Fourteenth Amendments, Justice
Harlan reviews the relations Y hich exist =
ed before the adoption Of the amend
ments between the National Government
and the institution Of slavery, as indicat-
ed by the Constitution, Congressional
legislation and the Supreme Court deciS-
ions. The Justice then discusses the
legal rights Of cOlored persons in respect
to The accommodations, etc, OF public
tonveyances inns, and places Of public
amusement, and holds that, the right to
establish such institutions coming direct
" from The people, the proprietors have
10 night to discriminate against the col
oreH race, who are part of the people.
He is OF the opinion that such discrimi-
nation of which Congress may prevent
under its power through appropriate leg
Isiation to enforce the Thirteenth Amend
mtht, and that, without reference 10 its
enlarged power Under the Fourteenth
Amendment, The act OF March /, 1875,
Is mot repugnunt to the Constitution. In
regard to the Fourteenth Amendment
the Justice holds that, il any right was
created by 1t, the grant "t power through
appropriate legislation to enforce lis pro-
visions authorizes Congress. by means of
legislation operating throughout the en-
tire Union, to guard, secure and protect
that right. There was one right. if no
otner, granted by this amendment-eX
empti1H from race discrimination in fe-
spett OF any civil right belonging to citi-
zens 81 the white race in the same State
Citizenship in this country necessarily
imparts equality of civil rights among
citizens OF every race i'll the same State
lie claims that the decision OF the court
in the United States Y. Reese, involving
the elective franchise. establishes the
principle for which he contends
In conclusion, the Justice says: To
day it is the colOred race which is denied
by corporations and individuals welding
public authority, rights fundamental in
their freedom and citizenship. At some
future time it may be some other race
that Will fail under the ban. If the con
sttuti0nal amendments be enforced ac-
cordng to the intent with which. as
conceive, they were adopted, there can
not be in this republic any class OF hu-
man beings in practical subsection to an
other class, with the power in the latter
to dole out to the former Just such priv
leges as they may choose to grant The
supreme law Of the land has decreed that
no authority shall be exercised in this
country upon the basis of discrimination
in respect Of civil rights, against free
men and citizens because Of their race,
color or previous condition Of seTyitude.
TO that decree, for the due enforcement
of which, by appropriate legislation,
Congress has been invested with express
power, every one must bow, whatever
may have been, or whatever now are,
his individual views as to the wisdom OF
policy, either Of the recent changes in the
fundamental law or of the legislation
which has been enacted to give them eff
feet. For the reasons stated, feel con
strained to withhold my assent to the
/ opinion of the court.