Arkansas weekly mansion., 1883-12-08
ROB INGEKSOLL ON JUSTICE
iA RIA MS DISSENTING
OPINION.

Special to the Chicago Inter -Ocean.l
A correspondent of the Inter- Ocean calIeC
upon Colonel Robert q. lngersoll, and ask ed
''What do you think Of Justice Harlan'=
dissenting opinion in the civil rights case:'
The ColoneI's answer was 81 have just
read it and think it admirable In every re-
spect. 1t is unanswerabie. He has given
10 words their natural meaning. He has
recognized the Intention Of the trainers OF
the recent amendments. There is nothing
in this opinion that Is strained, insincare,
or artificial. 1t is frank and manly. 1t is
solid masonry. without crack or flaw. He
does not resort to legal paint or putty, or to
verbal Varnish or veneer. He states the
position of his brethren of the bench with
perfect fairness, aud overturns IL with per-
parallel between the decisions of the olden
time, upholding the power of Congress to
deal with indi> >iduals in the interest of
slavery. and the power conferred on Con-
SresS by the recent amendments. He has
shown by the old decisions. that when a
duty is enioined upon Congress, ability to
perform it is given: that when n certain end
Is required. all necessary means are granted.
He also shows that The Fugitive Slave Acts
of 1893 and of Is;,',, rested entirely upon
THE IMPLIED POWER OF CONGRESS
to enforce masters rights; and that power
WAS once implied i'll favor OF slavery against
human rights. and implied from language
shadOwy, feeble and uncertain when COM
amendments. He has shown. too, that
Congress exercised the utmost ingenuity
in devising laws to enforce the masters
claim. Implication was held ample to de-
prive u human being of his liberty, but to
secure freedom, the doctrine Of implication
is abandoned. AS Il foundation for wrOL <,
implication was their rock. AS u founda-
tion for right, it is now sand. Implied
power then was sufficient to enslnve, while
power expressly given is now impol taut to
protect
If Justice Harlan is wrong the amend
without power. No purpose can be as
signed for their adoption. No object can
be guessed that was to be accomplished.
They become words so arranged that they
sound like sense, but when examined fall
meaninglessly apart. Under the decision
of the Supreme Court they are Quaker
cannon-cloud forts-'property' for poiiti-
cal stage scenery-coats of mail made Of
swords of lath y
s.If Justice Harlan is wrong in his posi-
tion, then it may truthfully be said OF the
three amendments that
The law hath bubbles az the W ater has,
And these are of them.
The decision of the Supreme Court de-
nies the protection Of the Nation to the
citizens of the Nation. That decision has
already horne fruit-the massacre at Dan
been withdrawn. the cOlOred man vas left
to the mercy of local prejudices aud hatred.
He is without appeal, without redress.
The Supreme Court tells him that he must
depend upon his enemies for justice"
=
'-Yes, sir. A man rises from reading this
dissenting opinion refreshed, inVigOrated
ami strengthened. 1t is a mental anu moral
tonic. 1t was Produced after clear head
had held conference with good heart. 1t
will furnish = perfectly Clear plank. with
out knot or wind-Shake, for the next Re-
publican platform. 1t is written in good,
plain English and ornamented with good
sound sense. The average man can and
will understand its every word. There is
NO SUsTERFUGE IN IT.
Each position is taken from the open field.
There is no resort to Quibbles or techni-
calties-nO hiding. Nothing is secreted
in the sleeve-no searching for blind paths
no STOPPING and looking for ancient
tracks, q ass grown and dim. Each arsu-
ment travels the highway--'the big road
1t is logical. The facts and conclusions
agree, aud fall naturally into line of battle.
1t is sincere and neutrality-suspicious. and
unanswerable. 1t is grand defense of
human rights brave and manly plea for
universal justice. 1t leaves the decision of
the Supreme Court without argument,
without re ason, and without excuse. Such
an exhibition of independence, courage
and ability has won for Justice Harlan the
respect and admiration Of both sides,' and
places him in the front rank Of constitu-
tiOnal lawyers