Smyrna times. [volume] (Smyrna, Del.) 1854-1987, 1883-10-31
Washington Letter.

For the Smyrna Times
Washington Letter.
WASHINGTON, October 26, 1888.
The decision of the Supreme Court of
the United States, deciding that the
civil Rights act is unconstitutional and
void, was not surprise to the judicial
and legal circles of the Capital. Ever
since the law was forced into the Court
adjudication has been watched with in.
terest by the members of the Washing
ton bar In this city opinion had been
prepared for the result. But when the
reVerDeratlons of the decision at the
supreme Court Chamber sounded over
the whole Nation, general censterna-
tion spread among the colored popula-
tloh TO an extent that has not been
paraleled for some years. The law
was enacted in the legislative halls at
each end of the Capitol, and it was an
nulled in the old Senate Chamber NOW
used as the Supreme Court Room near
the Rotunda. Justice Bradley read
the decision, and there was but one dis
sentlng Voice-that of Justice Harlan
Within the bar were many prominent
lawyers and politicians, including the
Attorney General and Senators Bavard
and Garland.
Inc void act was not, as is generally
reported, based upon the bill introduced
IN the Senate by the lamented Senator
sumner 1t is founded on the measure
which passed the House of Representa-
yves first, in 1915, and was then sent
10 the Senate. When it passed the
upper house of Congress, seven Repub-
llcan senators voted against it on the
ground of uncOnstitutiOnalty. They
were Senators Ferry of Connecticut
Sprague of Rhode Island. Tipton of
Nebraska, Schurz of Missouri. Lewis of
Virginia, Hamilton Of Texas, and Sena-
tor Carpenter. The argument of Sena-
tor Carpenter upon the bill will be re-
mem0ered as very able opinion, and
II was based upon the broad ground
lald downin the decision of the Supreme
Court
1t was held by the Supreme Court
that the scope of the 18th and 14th
constitutional Amendments does not
extend to the social privileges sought
TO be guaranteed by the act; that. cor
sequently, the States have exclusive
power to make such regulations for
themselves; and that Congress had no
right to pass such law for anv State
There is diversity of opinion here as
to whether the Civil Rights law is still
In force in the District Of Columbia and
III the territories. But the decision is
pam on that point, and the validity of
the law outside of the States cannot be
questioned. The District and the Ter
rltorIes are governed by the unlimited
legislation of Congress, and because the
National Legislature attempted to ex-
tend its jurisdiction beyond its consti-
tutional right does not affect it's legisla-
ton for the sections over which it has
unlimited control.
The visit of Lord Chief Justice
Colerldge to this city was the event
OF the week just passed. The National
Government has strained every re.
source to do honor to so eminent a per
sonage on his first visit to tho Capital.
In person, Lord Coleridge is tall. slen-
der, and elderly. As Chief Justice of
Treat Britain, he has decided MANY
questions of international Importance.
and he enjoys a reputation for keen
Judgment and prime erudition such as
1t is the good fortune of but few men to
possess. Chief Justice Waite had
charge of his reception on the part of
the Government. The British Chief
has been feted and dined by Secretary
Frellnghuysen, Attorney General
Brewster, Chief Justice Waite. and
other high officials. The President has
been prominent at all the receptions
rendered in honor of Lord Coleridge.
He has had very pleasant time, and
! ana expressed regret at his early de-
parture.
Once more rumor announces that
those two distinguished gentleman of
New York and Maine, Mr.. Blaine and
MI, Conkling, are to fall into each
0thers arms and weep themselves into
tondest reconciliation. This is to be
zone on a basis of Office holding.
Blaine, under this treaty, is to be given
the Presidency, while Conkling goes
back to his old seat in the Senate. 1t
IS nice little arrangement, but no
clear headed person would everimagine
that they are going to roll up their big
Municipalities into one big ball Of
political putty. Theirpersonala Rimosi-
ty is more likely to keep up the present
good, healthy circulation of Gods free
air between them.
Register of the Treasury Bruce, who
is prominent colored leader, says that
the effect of the civil rights decision
Will be to carry the country backwards
hfteen years at least. Nothing has oc-
Cured since the war 70 so much en-
barrass and discourage the colored
race"