The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-11-28
CIVIL RIGHTS.
A Republican View of the subject ia the
Incipiency of Legislation Upon the Sub

A Republican View of the subject in the
Incipiency of Legislation Upon the Sub
ject.
Some days since we published communi-
cation from Hon. Charles H. Mason, prom
inent Republican of Perry County, Indiana,
giving his views upon the late decision OF
the United States Supreme Court de
clsring the civil rights law unconsti-
tutioDal and void. Judge Mason,
from the first, took strong grounds against
such legislation. and pointed out with Won
derful distiuctness WHY it unconstitu-
tional. At that time Judge Mason was the
editor of the Cannelton Reporter, and pub
liShed his views in the columns OF that
paper. We now reproduce another article,
written by Judge Mason captioned 1.-The
Civil Rights Bill, and printed in the Re-
porter August -, 1S74.-L Ed. SENTINEL.
The results we predicted on account of the at
ttmpted enactment OF the civil rights bill are be
coming more and more apparent and il is barely
possible that S0rlhera Republican Statesmen may
yet the necessity OF rettacng their steps before
the mild warnings OF conservative members OF
that party have swelled into an indignant protest
against the further assumption OF doubtful powers
by the General Government, backed by an active
opposition that will not only prevent the cousum-
alton OF that evil, but Will reach back 10 the cor
rections OF other mischiefs which have justly
alarmed all thoughtful persons who properly APP
precaie the value OF state rights I'm system of
Government. The elections in Tennessee. anu in
other places where this question is before the pe0
pie have but one result, and that is the sweeping
away OF Republican majorties, and the triumph
OF those who are opposed 10 the measure.
The Cincinnati Commercial calls attention 10 an
OF the United States Supreme Court. bearing on
the constitutionality indirectly OF this bill, with
some comments thereon. SO emnently appropriate
that we can not do better than reproduce them for
the consideration OF our readers:
There has recently come into prominence
through a decision vi Mr.. Justice Bradley, OF the
stitutional view OF this question which is of the
utmost Importance. In the decision in question.
delivered while sitting in circuit at New Orleans
Justice Bradley thus laid down the law
There can be-" he said. mo constitutional legis-
lation OF Congress for directly enforcing the priv
lleges ana immunities oil citizens oil the United
states by original proceedings in the Courts OF the
United States. where the only stitutional guar
anty OF such privileges and immunites is that no
State shall pass any law TO sbrldge them"
This il is manifest covers the principle precisely
OF the Civil Rights bill passed by the Senate at its
Courts. IL is tantamount 10 holding that any law
passed by Congress for directly enforcing the priv
ileges and immunities Of citizens Except as
CARDS suffrage in the Courts OF the United States
weud be unconstitutional and void. This position
may appear startling TO many readers 1t has been
ed that the fourteenth and fifteenth amendments
10 the Constitution invest Congress with plenary
power TO legislate as 10 all questions connected
with the civil aud social rights and privileges OF
the colored race. But a careful reading OF those
amendments will convince any one that. so far
they are concerned, Congress Is invested with no
such penary power. The clause declaring that
Congress shall have power TO enforce by proper
legislation the provisions of each OF those amend
menis applies only TO the PROVISIONS contained In
terms IN the amendments themselves.
What are these provisions ia the first place.
the fourteenth amendment sets out with declaring
all persons born or natnrslizcd in the United
States and subject TO the jurisdiction thereof, to be
citizens of the United States and OF the State
ffnrfha
provides for the apportionment of representa-
ton in Congress, for the disfranchisement
OF certain classes participating In the
Rebellion from the right to TO hold Office.
and for the perpetual validity of the public debt oi
the United States. These are the principles af
frlned in the Fourteenth Amendment, with the