Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1883-11-07

! the assertions which the colOred people
and their friends-and their enemies, too,
are so freely indulging in about the fruits
Of the war being sacrificed, the court
being untrue to the wishes of the people,
and the Republican party deserving the
colored men, arc reckless. unjust, and
very unwise. The Republican party is
not chargcable with the decision of the
Supreme Court, nor the court responsible
for the constitution as made and amended
by the people. 1t is true that this great
party is responsible for the XIII, XIV,
and XIV amendments and so it is for the
freedom Of the colored people, and for
whatever else has been accomplished for
them. If the amendments were not made
broad enough to support the Civil Rights
Bill, 1t was because the constitution was
adhered to, and the rights Of the states pre-
served. The party has been true to the
colored people all along, and the court
has been true TO the constitution. The
error lies in the belief that Congress has
the power to enact laws which are wholly
in the province of the states, and in the
fond hope that the negro is dearer to the
court than the constitution of the United
| States.
The bill was rightly declared unconsti-
tutional. The Supreme Court did its
duty. The trained mind Of constitu-
tional lawyer is not required to discover
that the amendments in controversy con-
tain no authority for the passage of such
bill The decision of the court is Just
what was expected by every one who had
examined the question. Indeed, it is no
more than a realization of the fears of the
congressman who voted for it !; for at the
time of its passage it was looked upon by
many as unconstitutional, and was sup
ported by them out of respect for Mr..
Sumner This vicious method of leglsla-
ton left severe task for the court to
perform. But the court performed it
perfectly and can afford to bear the crit
icism of the hour. The bill ought not to
have been passed and having been
passed, it ought to have been, as it was,
declared unconstitutional 70 sanction
federal legislation for class, or even for
all classes, on subjects which were wisely
left to the states, would be dangerous
precedent. This once permitted would
make the succeeding steps in the subver-
sion of state rights and state legislation
few and easily taken. By this decision
the Supreme Court treasures those who
fear the growing power of the federal
branches of our government, and beats
back the constant attempts to exalt the
national, and PROSTATE the state govern
ments. And in accomplishing this and
enforcing the constitution, the Court
sacrificed no rights. The colored people
possess the same rights they had under
the civil rights bill. For the enforcement
of those rights they are directed to the
state courts. The general government
cannot be called upon to compel hotel
keepers, theater-owners, and sleeping car
conductors to admit negroes, Indians,
Cinnamon, or common citizens, to their
houses and trains. This is the work of
the states, and the states will do it, too.
1t depends not upon the kind of court,
but upon the kind of jury that renders
the verdict. The state can secure an i'm
partial jury as easily as the federal gov
eminent can. Sooner or later the negro
must come within the pale of state law,
and the sooner the better. When he is
no longer ward of the federal govern
ment, he will become more self-reliant;
labor more earnestly for education and
refinement. A persistent effort to emerge
from poverty, coarseness, and ignorance,
will gain HIM the end he seeks more
quickly than pleas for federal legislation
and abuse Of the Supreme Court. But
view this question as we may, it seems
that the colored people are passionate,
and unjust in their denunciation of the
Supreme Court, and the Republican
party. We hope they will not carve their
own folly on the back of the glorious
monument erected by one of their great
est and truest benefactors.