The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-02

ment whether restricted by expressed or
implied limitations, cannot take away or i'm
pair" Q6 Wal, PIP. 112-114.)
From this very incomplete sketch Of the
history of the amendments and of the def
nitions and declarations of the purpose and
intent Of the amendments as given by judi
cal Interpretation and decision. it seems
clear that the recent decision of the
Supreme Court is right, in so far as it holds
that the civil-rights act of 1875. as to the sec
tons held void, is not supported by the four
teenth amendment. That amendment is lev
eled at and operates upon State action, while
these sections of the civil-rights act are lev
eled against and were intended to prohibit
certain determinations against the colored
race by individuals and corporations.
But is not this law fairly and completely
supported by the thirteenth amendment?
| We all well know that it is not at all neces-
sary for the States of the far South to pass
discriminating laws in violation of the pro-
| hibition of the fourteenth amendment in
order to make the very life of the colored
race in those States burden. All they have
to do is not to legislate at ALL but simply
permit individuals and corporations to
discriminate in a thousand nameless ways
against the colored people, until
their freedom is an empty name, worse than
sham. The decision says to the black man:
You must go to the State courts to redress
| j -
you because you are members of the once
enslaved race. The general government is
powerless to protect you so long as the States
pass no law abrdging your rights" Is
| this position sound in law? We think not.
We believe that the thirteenth amendment
fully supports just such laws, and it was for
the purpose of supporting just such laws
that the amendment contains these words:
Congress shall have power to enforce this
article by appropriate legislation" Let three
points be kept in mind:
First-It was the government of the United
States that gave to the enslaved race freedom,
citizenship and ali the rights, privileges and
immunites that pertain to free citizens. The
States did not confer this great boon; it was
the United States.
Second-The thirteenth amendment gave
rights that inhere in freedom in the United
States. 1t operates upon individuals as well
as States.
| Third-The government of the United
! - a.
created and bestowed upon the colored race
Away back in slavery times the slave
holders invoked this very principle to aid
them in holding their slaves, and in behalf
of slavery the Supreme Court of the United
! States first announced the doctrine that the
| United States government is bound to pro-
tect and enforce all rights guaranteed by the
federal constitution. This was decided in
"Prigg VS.. Pennsylvania" 16 Peters, $50. In
''Strunder VS.. West Virginia." 100 U. S.,
310-311 this doctrine is reaffirmed, and
the authorities in its support are
cited in the following language: "a right or
an immunity, whether created ny the con-
stitution or only guaranteed by it even
without any express delegation of power,
may be protected by Congress" (Prgg VS..
/, The Commonwealth of Pennsylvania, 16 Pet,
/ 500 So in United States VS.. Reese 90 u. s.,
214, it was said by the Chief Justice of this
court: Rights and immunities created by
or dependent upon the constitution of the
! United States can be protected by Congress-"
1t is, therefore, settled law that Congress
can protect by law any and all rights created
and given to the colored race by the thirteenth
amendment 1t is equally we'll settled that
that amendment created for aud gave to the
enslaved race freedom. What inheres in
freedom? What rights, privileges and
immunitics pertain to freedom? If
Blackstone was correct in his definition
of lberty-which has never yet
been improved upon-the very rights the
civil-rights act of 1875 was enacted to pro-
tect are rights that inhere in and pertain to
! freedom. To remit the black man to the
State courts for the protection of these in
herent rights, privileges and immunities is
to admit that the United States can create
and bestow rights, but cannot protect them
after they are given We all know that it
is a cruel mockery and farce to tell the col
ored race that the United States has given it
freedom, and all the rights pertaining to
| freemen, but that it must look alone to State
laws and State courts for the protection and
enforcement of these rights. Is it no
badge" of former servitude TO exclude
freeman, citizen oi the United States from
railway cars and from inns simply be-
cause he is a member of the once
! L.. 4l.n4 al. L