River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1883-11-01
CIVIL RIGHTS.
~ II 7 ? = = =
THr svYppFnrF COURTS DECREE.

I second sections Of the set Justice Bradley, whe
delivered The opinion, says
Has congress the constitutional power 10 make
such laws OF course, 20 one will contend that
ton befEr tha adoption of the last three amend
MEnts. Power is sought FIRST IA the fourteenth
amendment. The frst section, which is The one re-
led q, after declaring who shall be citizens Of the
Dated States aud several STATES, is prohDtory ia
lis laraefer, and prghibtoFy upon States tits
Stat action Of particular character that is pro-
hioi ed The individual invasion Of individual
rights Is not the sabjecs matter q the amendment
Il b ls 4 deeper and broader scope. 1t nullines
and makes void all state legislation and
State action Of every kind which impairs the priv
iieges or immunities of citizens Of the United
States, which Injuries them in life. liberty or
property, without due process Of law, or which de-
MES to any Of them the equal protection OF the
laws. 1t not only does this but Ia order that the
national will thus declared may not be mere
| brutnm fumen, the last section Of the amendment
Invests congress with power 70 eutoree Il by ap-
propriale legislation. TO euf0rcs prohibition by
appropriate legislation for correcting acts
prohibited by State laws and Stale acta, and thus
render them eflec.uai!y nua, void and inocuous-
this is the legislative power conferred upon coz
gress aud this is the whole Of It. Il does not iu-
vest congress with power to egislate upon subjects
which are within Tie domain OF state ieglsiatlous
but 10 provide modes Of relief against State egisja
tiou or State action Of the kind referred to- Until
some State law has been passed, or some State
action, through its officers oregents, been taken adj
verse TO the rights Of citizens sought to be pro-
sected By the fourteenth amendment no legislation
of the United States under the said amendment
nor any proceeding under sRch legislation can be
called into activity by a ohibitory amend
ment against State laws and acts done under
Stale authority. Inspection Of the law here in
question shows that il applies equally to cases aris
ing in States, which have just such laws respecting
the personal rights OF citizens and whose au,hori
ties ready 10 enforce such laws as TO those
which arise, in a State that may have violated tho
prohibitions attached In other words il steps into
the domain Of local Jurisprudence aud lays down
rules for the conduct OF individuals, IN society to-
ward each other, aud imposes sanctions for
THE ENFORCEMENT OF THOSE RULES
without referring IN any manner to am supposed
action Of the State Or It's authorities Ii this egis
alton is appropriate for enforcing the prohibition
amendment, is difficult to see where 1t is to stop2
Why may not Congress with an equal show OF
authority enacta code Of laws Tor the enforcement
and yindication OF all rights Of life, liberty
and property2 If it is not supposable that
States may deprive persons OF life, liberty,
and property without due process Of law. aud u the
amendment Itself does so suppose, should con-
press proceed at once to prescribe due process of
law for the protection OF every one OF these rights
in every possible Ease. well as 70 prescribe equal
privileges in inns public conyeyances AID theatersf
| Judge Bradley 'eIers TO the civil rights bill OF
April f. 1866, and shows is clearly corrective ia
its character intended to couneract AMI furnish
redress against State laws aud proceedings and Gus
torus having the force of law, which sanction the
wrongful acts specified In thls connection, he
adds sit is proper to state that civil rights such
are guaranteed by the constitution against State
aggression. cannot be impaired by the wrongful
acts of individuals unsupported by State authority
in the shape Of laws customs, or judicial or eIecu-
tive proceedings The wrongful ACT OF an tnqlYlu-
nal unsupnorted By auy such authority, Is simply
private wrong crime OF that lndiYida2l-an
invasion Of the rights of the injured party, it is
true whether they affect his person. his property
or his reputation; bat II NOT sanctioned IN
come way by the State, or not done
under its authority his rights remain in tut force
and may personally be indicated by resorts 10 the
laws of the State for redress An individual cannot
deprive mau Of his right 10 vote, To hold property
to buy and SELL to sue in the courts or to be wit
r. H. ESQ ON fran int
fere with the enjoyment OF rights in particular
case. He may commit an assault against person
on commit murder. or use ruiliany violence at him.
or SANDER the good nams OF fellow citizen; but
unless protected in these wrongful acts by some
shield Of State law or state authority, he cannot
destroy or njure the right he will only render
himself amenable to satisfaction or punishment and
amenabe, therefore, to the laws of tbs State where
wrongful acts committed. If the principles OF
Interpretation have laid down are correct, rs We
deem them to be, IL Is clear tat tue law IN question
would be sustained by any grant, legislative power
or congress. or by the fourteenth amendment;
but 10 adopt direct and primary is distin-
gushed from corrective legislation on the subject
10 hand. as sought in the second place from the
thirteenth amendment which amendment abol-
ished slavery aud gives congress power to enforce
the amendment by appropriate legislation. MS
amendment, as well the fourteenth, is uudoubt-
edy selg-executing, without any auxiliary legisia
ton. so far as It's terms are applicable to any exist
log state OF circumstances By its own unaded
force and effect it abolished slavery and
ESTABLISHED UNIVERSAL FREEDOM
Still, legislation may be necessary and proper 10
admit all the various cases and circumstances TO be
affected By it and to prescribe proper measures Of
redress for its violation in letter spirit, and such
legslatioa may be primary and direct ia its charac
ter, for the amendment is not q mere prohibition
Of State laws establishing or unfolding slavery,
but an absolute declaration that slavery or iuyoun-
tary servtude, shall MT exist in any part OF the
United States. now. eoncedlng for the sake OK
argument that admission in public conveyance to
any place of public amusement, on equal terms
with all other citizens is the right Of every man and
f,T.- 7e 10 fhan mo
OF these rights which the States by the Fourteenth
amendment are FORBIDDEN 20 deny to any person?
and is the constitution violated until denial Of the
right has the same States sanction or authority? Can
the act Of a mere individual owner Of public con-
vayance, or of placa of amusement refusing
commodation be justly regarded as imposing any
badge Of slavery or seryitude upon the applicant
or only as action for ordinary civil inquiry if
properly coguizabe By the laws Of the States and
presumably subject to redress by their laws till the
contrary appearsT after giving to these questions
all the consideration which their i'm portance de-
uands, we are forced to the conclusion that such
an act of refusal has nothing 20 do with slavery
or involuntary servilde that If it is violation Of
any right of the partg his redress is to be sought
under the laws of tic States or ii those laws are
adverse to his right and do not protect him, his
remedy will be found III the corrective legislation
which congress has adopted or may adopt. for
counteracting the eject of State laws or State
action prohibited by the fourteenth amendment
ground to make it apply to every act of discrmul-
ton which pefson may commit rs 10
whom he will entertain as a guest, or
as to what people he will take into
his coach, or cab, ar admit to his concert OF
theateT. or deal with in matters of inter-
course or business. inukeepers and public car
Fiers, by the law o. ali States so far as we are
aware are bound to 6ttent OF their facilities to fur
nish proper accommodation to all unObjectionable
persons who, il GOOD laith apply for them. If the
latter themselves maksauy unjust discrimination,
amenahe to the prohibition OF the fourteenth
amendment congress has full power TO afford
remedy under that amendment and ia accordance
with it. When a mar has emerged from slavery.
and by the aid Of defiHte legislation has shaken
off the useparabla corc3mtants Of that state, there
must hc stagtia tho progress Of lis elevation
when he takes rank a citizen, and when his rights
nary NODES BY which other mems rights are
protected. There we're thousands of free
col0red people ia This country before the
abolition Of slavery enjoying all the essential
rights Of life, liberty ana property, the same as
white citizens. Yet ore at that time thought II
men because they were rot admitted TO all the
privileges enjoyed by white citizens; OF because
they we're subjected 10 determinations in the en-
ioyment OF Accommodations OF inns, public con-
veyaDces and places of amusement These discrim-
natious on account of race or color, were not re-
enjoyment of equal rights in all these respects has
become established b. constitutional enactment, it
Is not by forco Of sac thirteenth amendment
which merely abolished slavery bat by the force OF
the fourteenth and fifteenth amendments. On the
whole, we of the opinion that no eountenance
Of authority for the passage OF the law can be found
In either the thirteenth or fourteenth amendment
70 the constitution; and no other ground OF author
ty for its passage being suggested, 1t mast neces-
sarily be declared VOID at least far its opera
lions in the several States is concerned.