The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-02
THE c1yIL-R1GHTs DECISION.


assembled in theater in the chief city of
one of the Southern States; and the further
fact that the most strenuous defenders of
that decision-those vino most glory in
and laud it both North and South-are those
who from 1860 to 1870 howled "unconstitu-
tional' at every measure adopted for the
preservation and perpetuation OF the govern
ment OF the United States, may well furnish
the decision of the bred Scott case down to
the present time, has any other decision of
that court been received with wild APP
plause" by Southerners? And why is this
decision applauded by the same persons
who applauded the bred Scott decision?
A candid answer to these questions will con-
vince every one that the result and effect of
this recent decision cannot fail to be disas-
trous to the colored race in the South. BY
this decision the cofored people are RENTED
and relocated to the States-to State laws and
State courts-for the protection and enforce
ment of their rights. With the history and
bloody deeds of the ku-klux organizations of
the Southern States fresh in mind, is it any
wonder that the colored people of the South
shudder at the thought of being turned over
to the tender mercies of State courts for the
protection of their rights and the redress of
their wrongs? If the decision is right, and is
to stand as established law it is very certain
that the people of the United States have
failed to accomplish all that they intended to
accomplish by the amendments to the con-
stitution. A fair consideration and inter
probation of an article of the constitution, or
a careful review of the history of the times
and of the causes that led to the adoption of
such article as part of the organic law. Be-
tween 1865 and 1871 three important amend
United States. They are to be construed and
interpreted in the light of the history of the
times and causes that made them necessary
and brought them into existence. These
three amendments constitute a series clearly
disclosing one and the same definite purpose.
Their intent-the purpose for which they
were adopted-is perfectly understood. They
constitute three progressive steps IN the &C.
complishment of that purpose. Mr. Justice
Miller, in the slaughter-house cases. 16 Wal
lace, GIL most admirably states this. He
says:
'sThe most cursory glance at these articles
of u "a in
connection with the history OF
the times, which cannot fail to
have an important bearing on any
question of doubt concerning their true
meaning Nor can such doubts, when any
reasonably exist, be safely and nationally
solved without reference to that history; for
in it is found the occasion and the necessity
for recurring again to the great source of
power in this Countrywide people of the
States-for additional guaran tees of human
rights, additional powers TO the federal gov
ernment additional restraints upon those of
the States On the most casual ex-
animation of the Language of these amend
ments, no one can fail to be impressed with
one peryading purpose found in them all.
lying at the foundation OF each, and without
which none OF them would have been sug-
gested we mean the freedom of the slave
race, the security and firm establishment of
that freedom, and the protection of the
newly-made freeman and citizen from the
expressions OF those who had formerly exer-
clsed unlimited dominion over him."
The purpose and intent Of the amendments
is thus not only we'll known historically, but
has received the sanction OF judicial de-
csion.
The thirteenth amendment was the first of
this series, 1t operates upon individuals as
well as upon States. 1t prohibits any person
in the United States from holding any other
person in slavery or involuntary servitude.
I is q negation-a prohibition, but at the
same time it gave to the slave race positive
and affirmative right-the right of freedom.
1t clothed the slave race with all the civil
rights OF freemcn of the United States. The
fifteenth amendment gave them political
rights, but the thirteenth amendment gave
them all the civil rights that pertain to free
men. In OK partc Virginia, 100 U. s., 345,
Mr. Justice Strong. speaking for the court,
says regarding these three amendments:
''They were intended 70 take away all pos
sibilty of oppression by law because of race
or color. They were intended to be, what
they really are, limitations OF the power of
the States and engagements of the power of
Congress- They are TO some extent declara-
tory of rights, and though in form pro-
hibtions, they imply immunities such as
may be protected by congressional lesisla-
ton"
Mr.. Justice Bradley, in the decision I'M
der consideration, most emphatically de.
carcs that both the thirteenth and four
teenth amendments are selfexecuting with
out the aid of aaci!lary legislation. Still,
Notwithstanding that fact, we find that for
the first time in the history of our constitu-
amendment express power is given TO Con-