Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-17
nent, said:

ment, said:
at (the Fourteenth Amendment)
was designed to assure to the colored
race the enjoyment of all the civil
rights that under the law are en-
joyed by white persons, and to give
to that race the protection of the
general government In that enjoy
ment, whenever 1T should be denied
by the States. 1t not only gave citi-
zenship and privileges of citizenship
to persons of color, but it denied to
any State the power to withhold
from them the equal protection Of
the laws, and authorized Congress
to enforce its provisions by appro-
pirate legislation. 1t ordains
that no State shall make or enforce
any laws which may abridge the
privilege or immunities of citizens Of
the United States. 1t ordains
that no State shall deprive any per-
son of life, liberty or property with
out due process Of law, or deny to
any person within it's jurisdiction
the equal protection Of the laws.
ALL EQUAL BEFORE THE LAW.
"What is this but declaring that
the laws in the States shall be the
same for the black as for the white,
that all persons, whether colored or
white, shall stand equal before the
laws tof the States, and, in regard
to the colored race (for whose pro-
lection the Amendment was prim-
arily designed) that no discrimina-
ton, shall be. made against them be-
cause of th8ir color?
'"The Fourteenth Amendment
! makes no attempt to enumerate the
rights 1t designs to protect. 1t
speaks In general terms and those
are as comprehensive as possible.
It's language Is prohibitory; but
every prohibition implies the exist
ence Of rights and immunities, prom
! inent among which is an immunity
| from inequality of legal protection
either for life. liberty or property.
Any State action which denies this
immunity to Il colorcd man is in
conflict with the Constitution"
A VIRGINIA CASE.
Again this Court in Ex parte Vir-
ginia, 100 u. s. 500, 347, speaking
of the Fourteenth Amendment, said:
."Whoovcr by virtue of public posi-
| ton under a State Government, de-
prives another OF property, life or
| liberty, without due process of law
| or denies or takes away the equal
protection of the laws, violates tho
constitutional inhibition; and rs hc
acts in tho name and for the State
and Is clothed with the States power,
| his act Is that of the State"
In giving legislative aid to these
constitutional provisions, Congress
enacted in 1866, Chap. 81, Sec. /,
18th Stat. 81, that:
"All citizens Of the United States
shall have the same right in every
State and Territory as is enjoyed
by white citizens thereof, to inherit,
purchase, lease, sell, hold and con-
vey real and personal property"
SPECIFIC CITATIONS.
And in 1870, by Chap. ia, Sec,
16, 10th Stat. LA, that;
"All persons within the jurisdic-
tion OF thte, ttaittsd 'ISarct!es,, snail have
the same right In every State and
Territory to make and enforce con-
| tracts, to sue, be parties, give evil
dence, and to the full and equal
benefit Of all laws and proceedings
for the security Of persons and prop
erty as Is enjoyed by white citizens,
and shall be subject to like punish
ment, pains. penalties, taxes. licenses
and exactions Of every kind, and no
other"
! In the face Of these constitutional
and statutory provisions, can white
man be denied. consistently with due
process of law, the right to dispose
OF his property to purchaser by
, prohibiting the occupation of 1t for
the sole reason that the purchaser
, Is a person of color intending to oc-
cupy the premises as place of res
:, idence?
THE RIGHT TO PURCHASE.
The statute Of 1866, originally
| PASSED under the sanction of the
Thirteenth Amendment, IA Stat. 27,
and practically re-enacted after the
adoption of the Fourteenth Amend
ment. 16 Stat. la, expressly pro-
, vided that all citizens Of the United
, States in any State shall have the
same right to purchase property as is
enjoyed by white citizens. Colored
persons are citizens OF the United
States and have the right to pur-
! chase property and enjoy and use
| the same without laws discriminate
ing against them solely on account
OF color. Hall v. De CUR, 95 u.
s. 1856. sos. These enactments did
not deal with the social rights of
men, but with those fundamental
rights in property which 1t was in,
tended to secure upon the same
terms to citizens Of every race and
color. Civil Rights Cases, 100 u.
s. 3, %. The Fourteenth Amend
ment and these statutes enacted in