The Montgomery advertiser., 1904-10-12

their Jurisdiction It lodxed the whole power of the States and ot the people in the general government 50 Involuntary servifude (except for crime), and especially empowered Con gress to enforce the amendment by ap- propriate iegislation. The power 1t thorixing Congress to deal not only with hostile laws which invade the freedom the amendment conferred and intended to secure. but with the acts intent and effect to Invade that free- dom .-Civll Rights Case. 109 D. S., 14. The amendment was adopted December C.uses of Adoption ef Civii Rsghts Biil.
 The condition of affairs then existing in some of the States was, to use tho language of the Supreme Court of the United states, in the slaughter House standing the formal recognition by those States of the abolition of slav- cry. the condition of the slave race Gon ,on of witssut the rsSsra sSsssr RgSsss ment, be almost as bad as t legislation adopted by the several States in the legislative bodies which claimed to be in their normal relations laws which imposed upon the colored race onerous disabilities and burdens. and curtaiied their rights in the pur- suit of life. liberty and property to such an extent that their freedom was of little value. while they had lost the protection which they had received from their former owners from motives both of interest and humanity" Con- gress to meet this situRtion, passed the Civil Rights Bill, April g. 1866. entitled An Act to Protect All Persons in the United States in their Civil Rights. and Furnish the Means of their vindication. This act contained several sections, but we are now concerned only with the first section.
 That section provided that "all per- sons born in the United States, and not subject to any foreign power (except Indians not taxed), are hereby declared to be citizens of the United States, and such citizens of every race and color ton of slavery shall have the right in every State and territory of the United States to make and enforce contracts, to sue, be parties. give evil -dence. inherit, purchase, sell and con vey real and personal property and be entitled to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like pains. penalties. and to none other, any law. statute. ordinance. regulation or custom to the contrary notwithstanding" This section is codified as Sectetion 1917, of the Revised Statutes of the United States. which provides that all persons within the jurisdiction of the United States, shall have the same right in every State and territory to make and enforce contracts. to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like nilnfGhnnant nanalfiaQ taxes and to exactions of every kind and to no other"
 Principle for Determining when Acts
 Infringe the 18th Amendment.
 Bearing in mind that the Thirteenth amendment is only another form of command that universal freedom shall prevail and that what constituted freeman was measured by the civil rights accorded the dominant race, 1t Is not difficult to ascertain what acts fall within the scope of legislative power given by the amendment.
 When one race has been for centuries the master race. and the other the slave race, and the law steps in between them and frees the slave race, and confers on 1t equality before the law with the master race, is 1t not plain that acts done by the master race to the former slave race. because of race, and in- tended to prevent the enjoyment of that equality, tend to defeat the objects of the law, and to beat down the entoy- ment of the freedom (Which 1t Is the object of the law to conferf If the master race, imbued with sense of its superiority and the inferiority of the former slave race, and for that reason not regarding 1t as entitled to the legal equality, which the law gave, were per- mitted, when disputes arose between the races, or when one of the members Of the master race were injured by a member of the former slave race to take the law into their own hands and settle such controversies by violence: can any one doubt that such things would initiate against the freedom. or enjoyment of civil equality. of the race subjected to such treatment, and sooner or later reduce that race to the condition of subject race If such be the effect and no candid man can deny it, of violence by members of one race upon members of the other. designed and intended, because of race. to prevent the enjoy ment of equality before the law, which is the measure. of the freedom con ferred. certainly the prevention of such wrongs fails within the power of Congress Legislation against such acts done with such intent Is in every sense Appropriate" In the language of the great Chief Justice, "to under take here to inquire into the degree of the necessity" for such legislation to prevent such acts, would be to pass the line which clrCumScrtbeS the iudi- cial department. and to tread on legis- lative ground
 True 1t is, that a person murdered or beaten. for instance, because of preju- dice against his race. by members or another race, to prevent his enjoyment of civil equality with 1t, is not es- teemed in the ordinary acceptation of the term to be subjected to slavery or involuntary servitude. That, however, Is not the test. A man can be de- prived of the enjoyment of the free dom, which the amendment confers, in many ways besides putting him in siav- cry, or compelling him to serve another tended to secure the freedom of race. It Is the effect of unchecked murder or like act, for the reasons assigned, upon the races enjoyment of the free dom granted by the Constitution, and not the mere consequences to the indi- Whatever may be said of any other murder or any other offense against d member of the race, there can be no room for doubt when a member of that former slave race Is taken, by members of another race, out of the hands of cure to him the enjoyment of the right of trial by jury, which It's laws ac- cord to all men upon accusation of crime, and put to death by a mob be- cause of his race, to prevent his having a trial according to the law of the land, that the intent and inevitable effect of such an act is to destroy the victims enjoyment of freedom and equality of civil rights, because of the race to which he belongs. One distinguishing mark of a freeman in all English speaking countries is, that he can not cusatfon of crime even by legislative or executive power; but is entitled to