The Portland daily press., 1883-11-19
CIVIL RIGHTS CASES.
Justice Earlan Flies His Dissent
ing Opinion Therein.
Kntent of gke People i'm the 18th and 14tb
Amendments Legal Rights of Colored
Persons in Public Places.

WAsHINCION, NOV. li.-JuStlc6 Harlan OF
the United States Supreme court has fled
his dissenting opinion in the civil rights cases.
de believes that the court, In deciding these
cases, has departed from the familiar rule re-
quiring in the Interpretation of constitutional
provisions that full effect be given to the in
tent with which thsy were adopted. To show
what was the intent of the people in the 18th
and 14th amendments, Justice Harlan reviews
the relations which existed before the adoption
of the amendments between the national
government and the institution of slavery, as
indicated by the constitutional legislation and
supreme court decisions. He cites the case of
Prigg VS.. Pennsylvania, in which the supreme
court adsudged that primary legislation by
Congress to enforce the masters right was au-
thorized bS the constitution. After further
citations TO show that the masters right by
congressiona. enactment to his slaves has been
declared constitutional, the justice says of the
18th amendment: "When it was determined
to uproot the institution of slavery by law,
there was fxed purpose to place the powe. of
Congress in the premises beyond the possibility
OF doubt. Had the 18th amendment stopped
with the dec laration against slavery, Congress
WOulu HdfO 1aO buc puWSIB Ny llupllCdt1O1, aC-
cording to the doctrines of Prigg VS.. Pennsyl-
vania, repeated in Shauder VS.. West Virginia,
to protect the freedom thus established, and,
consequently, to secure the enjoyment of such
civil rights as were fundamental in freedom.
But that il can exert its authority to that ex-
tent, is, and was, intended to be made clear by
the express grant of power contained in th Q
second section of that am endment Since
slavery, as the court has repeatedly declared,
was the plinciDal cause of the adoption of that
amendment and since that institution rested
wholly upon the inferiority as a race, of those
held in boncage, their freedom necessarily in
volved immunity from, and protection against,
all discrimination against them because of
their race III respect of such civil rights as be-
long to freemen OF other races. Congress
therefore, had the power to enact law to pro-
tect these people as above" The Justice then
discusses the legal rights of colored persons in
respect to the accommodations etc.. of public
conveyanceko inns and places of public amuse-
ment, aud holds thar the right to establish
such instit1tions coming directly from the
people, the proprietors have no right to dis
crminate against the colored race who are
part of the people.
He 10 of tie opinion that such discrimina-
tion is badge of servitude the imposition of
which Congress may prevent under its power
through appropriate legislation to enforce the
to its enlarged power under the 18th amend
ment, the act OF M rch /, 1875, is not repug-
nant to the contribution. Iu regard to the 14th
amendments the Justice holds that if any
right was created by it, grant of power
through appropriate legislation to enforce
its provisions authorizes Congress by means of
legislation operating throughout the entire
Union to guard, secure aud protect that right
There was one right, it no other, granted by
this Amendment: exemption from race dis
IN N racn nf ON civil rifrhf k1
longing to citizens of The white race in the
same State. Citizenship in this country
necessarily imparts equality of civil rights
among citizens of every race in the same State.
He claims that the decision of the court in
United States vs.. Reese, Involving the cleo
tive franchise, establishes the principle for
which he contends.
1t can hardly be claimed that exemption
from race discrimination ia respect OF civil
rights against those to whom State citizenship
was granted by the nation, is any less for the
colored race, A new constitutional right, de-
rived from and secured by the National Con-
stitution, then, is an exemption from such dis
elimination in the exercise of the elective
franchise.
Justice Esrlan continues III venture. with
respect fcR the opinion of others, to insist
that the national legislature may, without
transcending the limits of the Consultation.
do tor human liberty and fundamental rights
of American citizenship, what it did with the
sanction OF this court for the protection Of
slavery and the rights of masters of fugitive
slaves"
In conclusion the Justice says: To-day it is
the coored race which is denied by corpora
tions and and individuals welding public au-
thority, rights fundamental in their freedom
and citizenship. At some future time it may
be some OTHER race that will fall under the
ban. Ii the constitutional amendments be en-
forced according TO the intent with which, as l
conceive, they were adopted, there cannot be
in this republic any class of human beings in
practiced subsection to another class, with
power in the latter to dole out to the former
just such privileges as they may choose to
grant. The supreme law of the land
has decreed that no authority shall
be lexercissd in this country upon a
basis of discrimination in respect of civil rights
against free men aud citizens because of their
race, color or previous condition of servitude;
and to thai decree, for the due enforcement of
which by appropriate legislation, Congress
has been invested with express power every
one must bow Whatever may have been or
whatever nsw are bis individual views as to
the wisdom or policy either OF the recent
changes in the fundamental law or of legisla-
ton which has been enacted to give them ef-
feet For the reasons stated feel constrained
to withhold my assent to the opinion of the
ccTlrf