Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-10-26
The Main Points of the Recent Decision
of the Supreme Court as De-
liyered by
Mr.. Justice Bradley Clear and For.
chile Exposition of the Points
ut Issue.
The Constitutional Construction of the
Thirteenth and Fourteenth
Amendments.

Of the act Justice Bradley, who delivered
the opinion, says; elias Congress the
power to make such law?
OF course no one will contend that the
power to pass it was contained in the con-
stitution before the adoption of the las.
three amendments. The power is sought
first in the fourteenth amendment. The
first section (which is the one relied on),
after declaring who shall be citizens OF
the United States and the several States,
is prohibitory in its character and pro-
hibitory upon States. 1t is State action OF
a particular character that is prohibited.
The individual invasion of individual
rights is not the subject matter OF
the amendment. 1t has deeper and
broader scope. 1t nullifies and makes
void all State legislation and State action
OF every kind which impair the privileges
of all communities of citizens of the United
States, or which Injuries them in life, lib
erty or property without due process of
law, or which denies to any of them
EQUAL PROTECTION OF THE LAWS.
1t not only does this, but in order that the
national will thus declared may not be
mere Jrt,tuIa .ft,imen this last section OF the
amendment invests Congress with power
to enforce it by appropriate legislation.
To enforce what? TO adopt appropriate
legislation for putting into effect such pro-
hibition of State laws and State acts, and
thus to render them void and innocuous,
4 4
gress, and this is the whole of If. 1t does not
invest Congress with the power to legislate
upon subjects which are within the do
main OF State legislation, but to provide
mode of 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 officers or agents,
has been taken adverse to the rights of the
citizens sought to be protected by the
fourteenth amendment. No legislation of
the United States, under said amendment,
nor any proceeding under such legislation
can be called into activity, for the prohi
bitions of the amendment are against State
laws and acts, done under State authority.
An inspection of the law here in question
shows that it applies equally i'll case
arising in States which have the justcst
laws respecting the personal rights of citi-
zens, and whose authorities are ever ready
to enforce such laws, as to those which
arise in States that may have
VIOLATED THE PRoIIIBITIOSs-O or THE AMEND
MENT.
In other words, it steps to the domain OF
legal Jurisprudence, and lays down rules
for the conduct OF individuals in society
toward each other, and imposes penalties
for the enforcement of those rules without
referring in any manner to any supposed
action of the State or its authorities. ii
this legislation is appropriate for enforcing
the prohibition OF the amendment, it is
difficult to see where it is to stop. Why
may not Congress, with an equal show of
authority, enact code of laws for the en-
forcement and vindication OF all rights Of
life, liberty and property? ii it is not
supposable that States may deprive per-
sons of life, liberty and property, without
due process OF law and the amend
ment itself does suppose this). why should
not Congress proceed at once to prescribe
due process of law for the protection OF
every one of these fundamental rights in
every possible case, as well as to prescribe
equal privilege in inns, public conveyances
and theaters." Judge Bradley refers to
the civil rights bill OF April 4, 1866, and
| shows that 1t is
CLEARLY CORRECTIVE N ITS CHARACTER,
intended to counteract and redress against
State laws and proceedings and customs
| having the force of laws which sanction
the wrongful act specified. "ln this con-
nection," he adds, sit is proper to state
! that civil rights, such as are guaranteed by
the constitution against State aggression,
] cannot be impaired by the wrongful acts
| OF individuals unsuppor ed by State au-
thority in the shape Of laws, customs or
| judicial or executive proceedings. The
wrongful act of an individual, unsupported
| by any such authority, is simply private
| wrong or crime of that individual, an in
vasion of the rights of the injured party,
| it is true, whether they affect his person,
! his property or his reputation; but if not
/ sanctioned i'll some way by the State, or
| not done under its authority, his right re-
| mains in full force and may presumably
| be vindicated 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 to be witness or Juror. lie
may by force or fraud interfere with the
! enjoyment of this right in particular
! case. He may commit an assault against
| the person, or commit murder, or use ruf-
| fianly violence at the polls, or slander the
| good name of his fellow citizens, but un-
! less protected in these wrongful acts by
| some s.c.i;Ald Of State law or State authori-
| ty, he cannot
| DESTROY OR INJURE THE RIGHT.
He will only render himself amenable
to satisfaction or punishment, and is anne
| nable therefore to the laws of the State
! where the wrongful acts are committed
| If the principles of the Interpretation we
| have laid down are correct, as we deem
| them to be, it is clear that the law in ques-
| ton cannot be sustained by any grant oi
legislative power made to Congress by the
| fourteenth amendment. But the power OF
| Congress to adopt direct and primary, as
distinguished from corrective, legislation
| on the subject in hand, is sought, in the
second place, from the thirteenth amend
ment, which abolishes slavery and give,
! Congress the power TO enforce the amend.
ments by appropriate legislation. This
amendment, as well as the fourteenth, is
undoubtedly self-eXisting without any
| auxiliary legislation so far as its terms are
| applicable to any existing state of circum
| stances. BY its own unaided force and
| effect it abolished slavery and established
| universal freedom; still legislation may be
necessary and proper to meet all the va
| rious cases and circumstances 10 be
| affected by it, and 10 prescribe proper
| modes of redress for its violation in letter
|
mary and direct in its character, for the
amendment is not a mere prohibition OF
| State laws
| ESTABLISHING OR Unfolding SLAVERY,
but an absolute declaration that slavery
| or involuntary sesyitude, shall not exist
| in anv part OF the United States. Now
| conceding for the sake OF argument that
| the admission in a public conveyance OF
| public places of amusement, on equal
| terms with all other citizens, is the right
1 of every man and all classes of men. Is
| it any more than one ofthose rights which
| these States by the fourteenth amendment
| are forbidden to deny to any person, and
! is the constitution violated until the de-
| NAL of the right has some State sanction
| orauthority Can the act of mere individ-
ual owner of an inn, public conveyance OF
! place of amusement in refusing accommo-
| dation be Justly regarded rs imposing any
slavery or servitude upon the applicant or
| only as inflicting an ordinary civil injury,
| properly, cogniZable by the laws of the
| State, and presumably subject to redress
/ by these until the contrary appears. After
! giving to these questions all the considera-
| ton which their importance demands, we
are forced to the conclusion that such an
| act OF refusal has nothing to do with
| slavery or involuntary seryitude, and that
| il it is a violation Qt any right OF the party
his redress is to be
SOUGHT UNDER THE LAWS OF THE STATES
or if those laws an. are adverse to his rights,
and do not protect him, ms re..s-..' r,N Ia
be found in the corrective legislation
which Congress has adopted, or may
! adopt, for counteracting the effects OF State
laws or State action prohibited by the
fourteenth amendment. ltwould be run
| ming the slavery argument into the ground
to make it apply to every act OF discrimin-
alton which person may see fit to exer-
else as to the guest he will entertain, or as
to the people he will take into his coach
or cab or car, or admit TO his concert OF
! theater, or deal with in other matters OF
business. Inn-keepers and public carriers
by the laws of all the States, so far as we
are aware, are bound to extend their ia
| cilities and TO furnish proper accommoda.
ton 10 unobiectionnble persons who, in
good faith, apply for them. III the laws
themselves make any unjust discrimina
| ton amendable 10 the prohibitions OF the
fourteenth amendment, Congress has full
power to afford a remedy under thai
amendment; and in accordance with it
when
MAN HAS EMERGED FROM SLAVERY,
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