The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-06-26
rha ronrteanth Amendment.

and blinded by hatred OF the southern peo-
ME. passed the ciyil-rights act, Senator
THURMAN and other Democrats told the Re
puslicans in that body that there was no
thing in any one Of the three new amend
ments 10 the Federal Constitution upon
which such a law could be based. The
thirteenth amendment does nothing,
and attempts 10 do nothing, but
abolish slavery. The fifteenth amend
meHt does nothing, and attempts to do
nothing. but make voters OF the negroes.
The fourteenth is the only other new
amendment. The first section al this last
amendment is the only portion OF IL That
we regard as OF any importance. This hrst
section, however, after declaring who are
citizens Of the United States-the purpose
being OF course 10 make citizens OF the ne
grocs--gocs on TO provide that 'no State
shall make or enforce any law which shall
abridge the privileges or immunities OF cit
liens Of the United States; nor shall any
State deprive any person OF life, liberty, or
property, without due process OF law; nor
deny to any person within its jurisdiction
the equal protection Of the laws" Yet
notwithstanding the fact was evident
from the face OF the Constitution that no
person could violate that amendment,
seeing that ii applies TO nothing but SfateS'
the mad Radicals in Congress proceeded TO
pass the so-called civil-rights act-a law
which il had no more right TO pass than
the British Parliament had and MADE 1t
apply to all persons in this country, though
Congress had no more right to do so than
TO make it apply to citizens Of Canada.
Nevertheless. for years this civl-rights
act has remained upon the Federal statute
book, and the Federal courts have III nu-
merous instances attempted to enforce it as
IL ii had been constitutional instead OF an
unconstitutional law. But the courts do
not always remain behind the times. We
have already stated that United States
Judge in Texas has had his eyes opened.
BradStreefS for last week, however, re-
ports the decision so much more clearly
that we reproduce the report which was
prepared expressly for that paper. 1t is
as follows:
"An important declslon was rendered by |
the United States District Court at Austin, |
Texas, on the 14th instant, in which the |
consttutionaity Of the civil-rIghts act OF |
1875 was involved. That act declares that |
all persons within the jurisdiction OF the |
United States shall be entitled to the full |
and equal enjoy ment OF the accommoda-
tons, advantages. facilities, and privileges'
OF inns. public convcyances on land or
water, theatres, and other places OF public |
amusement, subject only to the conditions
and limitations established by law and ap-
plicable alike to citizens Of every race and
color, regardless OF any previous condition
OF servitude.' The act further provided
n penalty for the violation OF lis provisions.
and gave exclusive jurisdiction TO the dis
trict and circuit courts OF the United
States i'm cases arising under the law. The
case before the District Court ut Austin
was a criminal suit brought TO enforce the
penalty provided by the act referred TO for
excluding q cOlored woman from ladies
ear on the Houston and Texas Central rail-
road. The Judge held that the act OF 1870
was unconstitutional, as being an infringe
ment on the rights OF the several States, and
that the State tribunals alone had jurisdic-
tion Of such offences. This opinion seems TO
be in accord with most Of the decisions in
which the scope OF the fourteenth amend
ment has come under discussion. IL is
only in that amendment that any cOnstitu-
iOnal sanction for legislation like that I'M
der review could be sought, and the
inhibitions OF that amendment having re-
gard 10 the abridgment OF the privileges
and immunities OF citizens are directed
only against the States. This being so, 1t
is difficult to see how determinations made
by persons or corporations as such and
the privileges and immunities OF
citizens could become the subjects OF con-
gressional legislation"
Yes, "diflicult" indeed; but Truth must |
conquer in the end. The Federal Consti- |
tuition says that no State shall pass any bill |
OF attainder. nor grantany title OF nobility. |
Now, Congress has just as much right to |
pass law Furnishing persons under this |
provision as il has TO pass a law Furnishing |
persons for violating the fourteenth amend |
ment. In word, ii has no right whatever
to legislate against individual persons when
IL undertakes to enforce the fourteenth |
amendment.
A State might pass an act violative OF the
fourteenth amendment. In that event, the
Federal courts would have the right-and
would, as they should, exercise it-of de-
claring ssch an act null and void. The
law would then fall dead at once. 1t would
he law no longer. This is all that is ne
cessary to the enforcement Of that amend
ment.