National Republican., 1883-10-26

the fourth section Of the act under considera-
tion which relates to discrimination on nc-
count of race or color in the selection oil
jurors, has been held by the court to be con-
stitutional. He points out, however, that
disoualiGcations for service on iuries are only
created by state statutes, or enforced by state
officers, and says This aspect of the law
was doomed sufficient to divest it of any un-
constitutional character and makes 1t diher
widely from the first and second sections OF
the same act which we are now considering"
He also refers to tho civil rights bill of
April A, 1866, and shows that that too lis
clearly corrective in its character, intended
to counteract aud furnish redress against
state laws and proceedings and customs hav-
ing tho force Of law, which sanction the
wrongful acts specified"
"In this connection" he adds, it Is proper
to state that civil rights, such as are guaran-
teed by tho constitution against state aggres-
sion, cannot be impaired by the wrongful acts
of individuals, unsupported by state au-
authority in the shape of laws, customs, or
judicial or executive proceedings. The
wrongful act of an individual, unsupported
by any such authority, is simply a private
wrong or n crime of that individual-an
invasion of. tho rights of the injured
party, it is true, whether they affect
his person, his property, or his reputation ;
but il not sanctioned in some way by the
rights remain in full force, and may presum-
ably be vindicated by resort TO tho laws of
the state for redress. An individual cannot
deprive q man of his right TO vote, TO hold
property, to buy and sell, tosue in the courts,
or to be n witness or Juror; he may, by
force or fraud, interfere with the enjoyment
of the right in particular case; he may
commit an assault against the person,
or commit murder, OF use rutlian violence
at the polls, or slander the good
name of fellow citizen, but
unless protected in these wrongful acts by
some shield of state law or state authority he
cannot destroy or injure the right He will
only render himself amenable to satisfaction
| or punishment, and ameDable therefor to the
laws of the state whore the wrongful acts are
committed. Hence in all those cases where
| the constitution seeks to protect the rights oi
| the citizen against discrninative and unjust
| laws of the state by prohibiting such laws, II
| is not individual offenses, but abrogation and
denial of rights, which it dcnounces, and fol
which it clothes tho congress with power tc
provide remedy.
| If the principles of Interpretation which
we have laid down are correct, as we deem
| them to be, it is clear that the law in ques
tion cannot be sustainedsby any grant of leg
| islative power made 10 congress by the four
teenth amendment.
L
But the power of congress TO adopt direct
and primary, as distinguished from corrective
| legislation the subject in hand, is sought, il
the second place, from the thirteenth amend
mcnt, which abolishes slavery. This amend
ment declares that neither slavery, nor in
voluntary servitude, except as a punishment
for crime, whereof the party shall have beer
duly convicted, shall exist within the UniteC
States, or any place subject to their jurisdic
tion and it gives congress power to enforc
the amendment by appropriate legislation.
This amendment as we'll as the fourteenth
is undoubtedly selfexecuting, without an.
ancilary legislation, so far as its terms ar,
applicable to any existing state of circum
stances BY its own unaided force and effec
it abolished slavery and established universe
freedom. Still legislation may be necessar.
and proper to meet all the various cases an
circumstances to be effected by it, and +
prescribe proper modes of redress for its vic
laton in letter or spirit. And such legisla
iaton may be primary aud direct in it
character for the amendment is not mer
prohibition of state laws establishing or up
holding slavery, but an absolute declaration
that slavery or involuntary servitude shal
not exist in any part Of the United States.