New-York tribune., 1883-10-26
THE CIVIL RIGHTS DECISION.
rrxr OF JUSTICE BRADLEYs OPINION.
MA ARGUMENTS TO SHOW THAT THE CIVIL RIGHTS
ct rxcrRpEp THE POWER OF CoN6REss.

- exnression to the decision Of the United States
Court recently in the Cvl Rights cases. has Just
received nom the printer the first revised copy OF his
n,on Although It's salient features were fairly well
% ,,h IN the abstract made the press at the tme
a., and the steps by which the Court reached
,t conclusions on the several points involved are new
and interesting After quoting the nr7t Two secions Oh
the Act and stating briefly what he UNDERSTANDS 10 ne
their purport and effect Justice Bradley says; LAS
Congress constitutional power make such law or
course no ono will contend that the power TO pass 1t was
contained In Constitution before the adoption OF the
last three ameEnents The power sought first In the
XIVth Amendment The nIst secuou
(which ia the one relied on after declaring who shall be
citizens of the United States aud of the several era
1ra,hy mon the STATES It declares that No state
Shah make enforce ary law which sha .d SIotes
privileges imlntcs " citizens Of the Jti .dic
nor shall any Stat. deprive any person within tS ~
tion Of the equal protection OF the laws II Is Stait
aparticular character that Is prohtuc ,,er ~ the
yasion of Individual rights Is not suo' T, mi
amendment II has deeper ana and State action
OF every kind which imars thc i,6 jninres them
ties Of citizens of the United staTS , T nr,s Of law or
which denies tO any of them thr oqua' & tba n.tiono
LAM , !. uS. S,sd 3y nm NAV not bra" iDe,
the last section 0f the amrudnehI m ,tn To rnfrce
,n,,|~ ~ ,r,,e Il Inv apprOpTitc ngSiton 10 tlluCo
VIII To n"iHce the prolbltion. To adopt "ppT"PraS
lcgslatiOn for corre1tinS , tne and inns 70 render
ho,"'ttu hn st"ly null void aud hnocio7 Ihs ls tne
legislative power eonferlyd% % upon Cmgr"s with power
the whole OF u, ,,hrcts which are within the domain OF
cpiou but 10 o,e c,oe f the Kind referred TO-
~ i,.s 1nt authorize Congress 10 create c" oi Iur
el2 % & M 10 f redress against the operation OF state laws
and the acton y State Odcers execav" 9" i"uo, i,
SDHe,, ,at,~ ars suSyersive Of the fundamental rgS
srrhsd in tie amendment. Positive r'ghtS ana PHI ppDd
lcgrs undoubtedly secured % oy - % %r1ihition against
state laws and State proceedings nhecine 'no~ rss
and gri.eses nd oy power gvSh .' o p,o,tisn INTO
eGrt and such legislation must necessarily oe pre-
dieated upon such suppose soe laws laws -, ~ ti ' oan
ingS and 6e directed to the correction oi 'ncir oeo"
and effect.
Az ILLUSTRATION OF TIE DISTINCTION MADE.
AN ant Illustration distinction may II" found IN
.inc of the provisions Of the Original Constitution Ie
tie subject Of contracts for example Ib' OohSu"u""
rraihcd rho States from passing any law mnliins the
ohligtion ~ contracts THIS did uut gv" To '"'igsS
power 70 provide laws for tie general enforcement o
CONTRACTS powl to invest the courts oI tlr On"
sIatrs with jurisdiction contracts. 81 as TO ena"
nlrtra to sle upon them In tlosc courts u H' nav
fVTr icr E Of ~ont,;,,s y state legislation might h,
comtrract"d and cortect,i ana tnIS p@wI WS novicd
Wns that contained In the twcnty-fttD section OF
nrrus ,@r s"'' cars of Of the United States jurisdiction
Gy writ Of error review the decisions oi State courts
uhcr,y,r they should sustain the validity Oi State
sttite or authority alleged to he rcpughnt ~ the Con
stituiiom or laws Of the Uuited states. .
But uurr thai "r any other law u m,st @ 1I"s,r as
well y allegation proof at the tIidl tdt inc ConStt"
tion has c,,n violated by the action OF tue Stde AGl>
tun, sne obnoKeus state law pTsse Hf tnAt M 'n'.t ~ go
h. ~d necessary to he assumed III oGder l" lay ihc
foundation Of any Federal remedy "a tG ,aH' '"u % l
very sufficient reason that Tue C"uatl',iO"I pn
liIn + against state laws tmparng the oblgdtloh 0l
10 has h,n u,SS.d or s1nlc state action to,lgn a
frs or agents has hccn TAKEN HdNcrsr To h' neht7 ni
no Ierslntinn OF tue United States under sHId
amendment nor any proceeding ui'',tr sue" ',s
i,e Drnbibitions of tho amendment az str
laws and acts done under state authority. Al Ia
epection OF here in question shows mat IL iu"krs
no 3, th xIvtS AmendIent on the p,rf ol le
II L.. unf !
coed. ex direrto tn declare that certain acts committed
Inv ipdi,iiuals shall he deemed Offences and shall
i i'm tnc courts of the United States.
Iroiess connective O constitutional wrong col
nrlted 10y the States 1t does not MAX, IT. "Pri"tl"n 10
dcprnd upon any such wrong committed II applies
ery arising IN states which nav" the busiest
laws respecting til" prT"nhi rights "l 'anhu7 T wis.,
those which arise IN Stairs that may hv" INFLATED tue
pIohbition nf the amendment In otbrI ""'ds Steps
iEtp the domain o local lurrphd'ii,e' ana lays I""n
ros for thc rOndnct individuals ~ .Sorrty toward
each other. AMI imposes -aI"- iot u enforcement "'
these rules without referring IN any manner 10 any sup
posed action OF the state or III authorities.
II this legislation Is appropriate io' tho'cus ,h p ~
ihons the amendment IT, It. difficult To see where II
sutbortfy enact code OF laws and
Viud,lll0n all rights OF lilo. liberty and property III
life liberty aud property without due process Of law tand
the alnenduirnt it~.f does suppose S why -h'd not
Congress proceed ~ Ia prescribe due process ~ law
for the protection OF every one O these tnhdlfneufal
rights ia every possible cr7 ss wen d" !" p>fh' equb'
pIIyllcgcs In nns. public COnvryanCrS Hd theatres lbt
tub h. that implication OF power :" "Sisd'" ~
;oS thai II the states sIo iorDiddcD To IcgI-lac
or act in a particular way nn q particular nuu""i
ana power is conferred upon Congress the po
hil,io,, hi. gives Congress power lelSlac generally
upon that subject and not neny pow" '"p"' lac modes
oi rcdess against such stats l"g.atiou ~ action The
assumption l. certainly unsnuud II Il pugnant t. the
xib Amendment OF the Constitution. which dgclaleH
that powers delegated To the Utuled states by tne
Constitution nor prohhtcd by IL to the sates,
served TO States respectively ~ 70 the people"
CIVIL RIGHTS NOT IMPAIRED BY ACTS or tNDI-
VIpUALs.
Justice Bradley then refers the fact that the fourth
..o,iop of whicI relates
discrimination account OF color 10 re selec
ton OF inFors been held by the the Cour 10 be cOu
siitutoua He points out, however. that disgHalhca
tions Tor service uIes are only created 10y state
statute. or enforced by state officers and says IIs
aspect OF the deemed sufficient 10 diycs' it OF
Unconstitutional character and wakeS il 'un~r widely
from the first aud second sections oi rLc
same act which we are BOW con.d'I q"
He also refers tn the civil Rights bl Of Api .. l-G
and shows tua that, too, els clearly corrective in ~
character, Intended 10 oOunterac aud luiLSn redress
s@ainst State laws and pr0ceedIDgs aud custom. having
tie orce law. which sanction the wrongful acts sirci
n this connection It proper 70 state that civi rights,
such a. guaranteed by the Constitution against state
aggression cannot De impaired by the wrongful act, Of
idivdual- unsupported by state authority h tnr snap
OF laws. customs 'Or judicial or executive pf"crdugs
The wrongful act Of individual unsupported 10y auy
tat ndiv vidu Invasion OF the rigLt- Of the injured
party it true. whether they affect his person, bis
property or his regulations nut not ,ancioucl 10 some
way State, done under state authority, his
dSn,ed sn IG,I m e.ort or o TO the law. Of the State ion % Az
Individual cannot deprive Of his rigut t0 vote,
OF witness juror; he may, by force uaud,
interfere with the enjoyment Of the night IN particular
~ nay commit assault against the person,
commit murder rulan violence al The pO, Sian
der the good name OF fellow citizen; but, unless pro
tectcd In tnese wrongful acts by shield Of Stale iw
OF State authority he cannot destroy or ulue IL" right
he will render himself amCnablc TO satisfaction
plnisltne and amenatle therefor TO the lI"S Of Tie
kate where the wrongful acts are committed. rn,e In
M those cases where the Constitution seeks pioc' The
rights Of the citizen against dscrimuItiNc aud undS
laws Of The stale 0y prohibiting such laws, II IL not nd
yidua Offences but abTOgatun and denial of rights which
it denOunce and iOr which clothes the COncIcsS with
power 10 provide remedy.
II tue principles OF Interpretation which here laid
down correct deem them 20 DC. II clcn that
the Jaw I'm question caun be sustained 10y grant ~ lrg
isiatVc power made tO Congress by the XlVtb Amend
meni.