The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1883-11-01
The Opinion of Justice Bradley Voicing
the Findings of the Supreme
Court.
No Authority for the Law In the Thir
tenth or Fourteenth Amend
ments.
Negroes Must Seek Redress in State Courts
as Citizens Without Special Legal
Guardianship.

nvered the opinion, says;
Has Congress constitutional power to make
such lawp OF course, one will contend
that the power to pass it was contained in the
constitution before the adoption of the last
three amendments Power IL sought first in the
Fourteenth amendment. The first section
(which II the one relied on), after declaring who
shall be citizens of the United States and the
several States, Is prohibitory in its character
and prohibitory upon the States 1t Is state
action of a particular character that is prohib-
tied. Individual invasion OF individual rights
is not the subject matter OF the amend
ment. 1t has a deeper and broader
scope. 1t utilities and makes void all State leg
islation and State action of every kind which
impairs the privileges'or immunities OF citizens
OF the United States. or which Injuries them In
life, liberty or prosperity without due process OF
law, or which denies to any of them the equal
protection of the laws. IL not only does this,
but,in order that the national will thus declared
section OF the amendment invests Congress- with
the power 10 enforce IL with appropriate legisla
ton. To enforce whatY To enforce prohibi-
ton. To ADOPT appropriate legislation tor cor
recting the effects OF such prohibited State laws
and State acts, and thus 10 render them
enectually null, void and innocuous:
This il the legislative power conferred
upon Congress, and this is the whole OF it. 1t
does not invest Congress with power TO legislate
upon subjects which are within the domain Of
State legislation, but 10 provide modes o. relief
against State legislation or State action OF the
kind referred to- Until some State law has
been passed or some State action through its
Objects OF agents Deen taken adverse To the
rights OF citizens sought 20 be protected by the
Fourteenth amendment, no legislation OF the
United states under said amendment nor any
proceeding under such l. gisfation can be called
int activity, for the prohibitions OF the amen l.
ments are against State laws and acts done
under State authority.
An inspection OF the law here in question
shows that it applies equally TO cases arising in
the States which have he justest laws respect
ing the personal rights of citizens, and whose
authorities are ever ready 10 enforce such laws,
70 Nl.ne
violated the prohibitive ann niment. In other
words, II ste, into the domain OF local juris-
prudence and LAYS down rules for the conduct Of
individuals in society toward each other, and
imposes sanctions for the enforcement
OF those rules without referring in
any manner to any supposed action Of
the State or its authorities. Ii this legislation
IL appropriate for enforcing the prohibition
amendment Il is difficult TO see where IL il In
stop. Why may not Congress, with an equal
show of authority enact code of laws for the
enforcement andWindiCation of all rights of life,
liberty and property If IL Is not supposable
that States may deprive persons of life, liberty,
and property without due process of law land
the amendment itself does not suppose this,
why should not Congress proceed al once to pre-
scribe a due process OF law for the protection OF
every one OF these fundamental rights in every
possible case, AS we'll az TO prescribe equal
privileges in inns, public conveyances and the
atersl
Judge Bradley refers 10 the Civil Rights
bin OF April 4, 1866, and shows II lis clearly
corrective in its character, intended TO coun-
tcract and furnish redress against State laws
and proceedings and customs having the
force OF law which sanction the wrongful
acts specified"
In this connection IL is proper 10 state that
civil rights such are guaranteed by the con-
stitution against State aggression cannot be i'm
paired by the wrongful acts OF individuals UNI
supported by State authority, IN the shape of
laws customs, or judicial or executive pro-
ceedings. The wrongful act of individual
vff.A
private wrong or crime OF that individual-an
invasion OF the rights of the injured party, it is
true, whether they affect his person, his proper
ty or his reputation; but, IL not sanctioned in
some way by the State, or not done under it's
authority, his rights remain in full force and
may presumably be indicated by resorts TO
the laws of the State for redress. An individual
cannot deprive man OF his right to vote, to
hold property, to buy and sell, to sue in the
courts, or 70 be witness or juror. He may, by
force or fraud, interfere with the enjoyment OF
right in Il particular case. He may commit
assault against aperson, or commit murder, or
ruffianly violence at the polls or SANDER the
good name of fellow citizen, but, unless pro-
tected 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
amenable therefore to the laws OF the State
where the wrongful acts are committed. II the
principles OF Interpretation we have laid down
are correct as we deem them 10 be, it is clear
the law III question cannot be sustained by any
grant of leEisla i've power made TO Congress by
the Fourteenth amendment.
But the power of Congress- to adopt and di-
rect primary as distinguished from corrective
legislation on the subject in hand is sought In
the second place from the Thirteenth amend
ment, which abOltshes slavery and gives Con-
gress power to enforce the amendment by APP
propriate legislation. This amendment, as well
rs the Fourteenth, il undoubtedly self-execu-
tory without any ancillary legislation, so far as
its terms are applicable to any existing state OF
circumstance. BY its own unaided force and
effort IL abolished slavery and established uni
versal freedom. Still legislation may be neces-
sary and proI er TO meet all the various cases
and circumstances affected by IL and TO prescribe
proper modes of redress for its violation in letter
or spirit, and such legislation may be primary
and direct IN its character, for he amendment
IL not a mere prohibition OF State laws
establishing or upholding slavery, but an abso-
lutte declaration that slavery or involuntary
rvitude shall not exist in any part of the
United States. Now, cOnceding for the sake of
argument that admission To an inn, public
conveyance, or place OF public amusement
on equal terms with all Other ci Hens is the
ghs of every man and all classes OF men, is It
ANY more than one OF those rights which the
States by the Fourteenth amendment are for
hidden 10 deny TO any person, and Is the consti-
futon violated until the denial OF right has
some State sanction or authority? Can the ac-
of "A mere individual, the owner of an inn, pub
lie conveyance, or place OF amusement in refus-
ing accommodation be Justly regarded az impos-
Ing any badge of slavery or servitude upon the
applicant, or only a. initicting an ordinary civ
IL injury properly cognizalle by the laws of the
State and presumably subject TO redress by
tLos laws until the contrary appearsl
After giving to these questions all thc consid-
Grafton which taeir importance demands, we
are forced TO the conclusion that such an act of
refusal has nothing to do with slavery or invol-
untary servitudc, and that IL 10 Il vioaiye of
any right OF party. his redress is to he sought
under the law OF the State, o. IL those avs are
adverse tO his rights and do not protect him, his
remedy will be found in the corrective Legislation
winch Congress has adopted may adopt Tor
countcractlng the effect OF the STATE laws CT
State action prohibited by the Fourteenth
amendment. Itwoud he running the slavery ar
gument into the ground to malSeit apply To every
act OF discrimination which person may see mt
az To n guest Le will entertain or "a to TIE people
he will take into his coach, or cab, or car, or
ad init 20 his concert or theater. or deal within
other matters OF intercourse or business. Inn
keepers and public carriers by law I'm all States,
80 far vc ere aware, are bound to the extent
OF their facilities TO furnish proper accomoda-
ton 10 all understandable persons who, in good
faith apply for them. IL the laws themselves
make any unjust discrimination amenable TO
the prohibitions of the Fourt zenith amendment,
Congress has full power to afford a remedy
under that amendment and I'm accordance with
it.
When n man has emerged from slavery and
by the aid OF legislation has shaken OF the in
separablc concomitants of that state. there must
be some stage Ia the progress OF his elevation
when he takes the RANK OF mere citizen and
ceases to he special favorite of the laws, and
when his rights as n citizen or man are 10 be
protected i'm the ordinary modes by which
other mems rights are protected. There were
Thousands of free COlOred plc I'm this