The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1883-12-01

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JUDGE HARLAN ON NEGRO RIGHTS.
Judge Harlan made some reputation bl
his dissenting opinion in connection viii
Judge Field, IN the Louisiana and Var
ginla bond cases, where the legal proies-
sion IS generally agreed he had The bes
of the argument; and ne may have imag
med that in the recent case involving ne
gro rights ne could again WIN reputation
/ bY dissenting, possibly aspiring even Il
the emuonCe obtained 10y Judge Quits il
his dissenting opinion Ia he famous DreC
Scott case Bu, the general comment Of
the ab!tst lawyers on his dissenting opm'
l.n in the civil rights cases, winch @as
gwen 10 the press a week ago, is that ms
argument is weak and ground wholly IN
tenabe He seems to be strangely obllvi.
GUS Of the history Of the case and the true
intent and meaning Of the constitutional
amendment upon which the statute he de.
tends is based.
Judge Harlan holds that both the 18Th
and 18th constitutional amendment confer
upon congress the power TO pass such u
civil rights bill as that which has been set
aside. But the 18th amendment has moth.
ing to do with civil rights. Il simply
abolishes slavery. II made slaves frcemen
but it did not make negroes citizens
There was no Limitation IN it upon states
or persons to discriminate against colored
persons IN The matter Of civil rights. Any
state might not only deny to the negro the
ballot, the right to hold office, sit on juries,
and IN many other ways deny him lmpOr.
tant rights, but some Of the southern states
actually Gld pass oppressive laws of this
kind, excluding the negro from ballot ana
subjecting HIM to an oppressive sppren-
tice and contract systeI9, vagrant law, sc.
This led TO the passage by congress in
1866, Of the first civil rights bill supposed
to be based on the 18th amendment But
the discussions on the bill showed there
was room for grave doubts whether it could
be sustained by the courts, and to remove
this doubt the Nth amendment was brought
forward and adopted IN these terms.
All persons born or naturalized IN the
United States, and subject TO the iurlsdc-
ton thereof, are citizens Of the United
States and OF the state wherein they reside
No state shall make or eRt0lce any law
which shall abridge the privileges or lmmu-
mites Of citizens of the United States
Nor shall any state deprive any person of
LIE, liberty, or property without due pro
cess of law, nor TO deny any person within
its jurisdiction the equal protection Of the
laws
The error Of Judge Harlan seems to be |
n constituting This amendment, the inhibl
ion of which is exclusively upon the
tate, to include also an inhibition upon
persons to "abrldge the rights of citizens"
Il any state, either by It's legislature, its |
executive officers, It's courts or any OtherT
agency, denies the rights guaranteed by |
he amendment, congress- may adopt cor
ective measures Tor the protection Of the
tights. But Justice Harlan contends that
congress may also legislate tor the protec-
ION of the rights when denied, not by the
tate, but by any individual This is to
IMPORT into the amendment words and a
meaning which are not there and never
we're intended to be there. 1t is to make
he amendment read, "No state nor GRy
,6rSOn shall deny, &c" But the trainers
# the amendment did not put into 1t the
words nor any person. and as long ago
8 the session of 1876 the Supreme
Court, affirming the principle which il now
held IN the case Of the United
,tates against Cruik shank, that the mean
ng of the words is not to be imported into
he amendment by implication
AS an astute lawyer in the New York
ierald points out, the argument of Justice
HARLAN goes entirely too far. If congress
nay punish any individual who discrlml-
ales against colOred citizens il hotels and
'laCes OF amusement ii may pass penal
avs against any person who denies to col
red citizens any rights secured to them by
he fourteenth amendment. Itmay punish
ny person who kills or assaults negro
" steals his goods for the right
o life, liberty and property Is guaranteed
o HIM. THIS would give to congress
omplete jurisdiction over al crimes
Committed against colOred persons.
'ut more than this. The fourteenth
amendment applies not merely to coored
itizens; 1t extends equally TO all citizens.
t prohibits unjust discrimination against
my class of citizens. If congress may as.
ume jurisdiction OF crimes or wrongs
ommitted by Individuals against colored
itizens, it may exercise the same power in
ehalf of native or foreign citizens 1t
nay legislatc for the protection Cf German
~ irish Or JJahrou c,t;1opo oa wall n, Co.