Year: 1865

4


equal socially. Many absurd notions


prevail upon this subject Of social equal


ity. In a speech some days ago. in


Washington, Mr. Tilton, the editor of


the Independent, made some admirable


criticisms upon it, in which be exhibited


the distinctions between political and


social equality. He showed that the


two things are wholly different in ma


ture and character; that political equal


ity is a right; social equality is a matter
of taste and affinity. Fifth avenue and


the Five Points are politically equal,


but in social point Of view they are
as far removed from each other as the
poles. One is at the top, the other at
the bottom Of the scale. Political equal
ity simply implies that all men are equal
before the law, and are subject to the
same standard of eternal equity and
justice: 1t implies that each man, each
being, is entitled to the fruits of his or
her labor, whether those fruits be great
or small; and that none can rightfully
be excluded from privileges which the
law accords to others. Governments
are ordained for the general good, and
the laws cannot confer peculiar privi-
leges upon certain classes without in
Justice to the other members of society.


This is the rule of simple equity but
if the law should go beyond this, and
require social equality, it would insti-
! tute the most odious form of tyranny


What could be more cruel and unjust
than to require Virtuous and refined
ladies and gentlemen to associate with
mean and vulgar people2 Or what


more refined cruelty can be imagined
than that of compelling people to asso-
ciate with those for whom they have no
affinity, no liking-perhaps a positive
aversion The mere statement of these
propositions furnishes their demonstra-
ton, for they are self-evident. While
the universal equality of rights among
men in the eye of the law and in the
sight of heaven is, therefore, a self
evident truth, it is equally true that
every man has the right to select his
own company, and to avoid that of
people who are disagreeable to him.
But this right of exclusion must not
trench upon the rights of others. A
fastidious lady or gentleman may OBJ
ject to walking on the same street, or
on the same side of the street with vul-
gar people; but their remedy is to be
found, not in excluding vulgar people
from the public highways, but in avoid
ing those highways. The highways be-
long to all the people. Not the hum
blest man can be excluded from them
on account of his inferior position, ed
ucation, or appearance, without gross
injustice. The railways, though they
belong to private individuals, are char
tered by the Legislature, and have i'm
portant exclusive privileges conferred
upon them in consideration of their
usefulness, not to class, but to the
whole people 1t is therefore unjust
to exclude any. portion of the people
from them, or to discriminate between
different classes.


But in all private relations the social
law is paramount Churches, places of
public amusement, and all voluntary
associations are subject to this law.
White people may associate for the
purpose of religious worship or for any
purpose of amusement or instruction,
to the entire exclusion of black, yellow,
or red people; and the law will protect
them in it, for it is a natural right
Black people have natural right to
associate for the same purposes to the
exclusion of white people, and they
will be equally protected by law.


We have often reflected that the So
cial laws are the most imperative Of
all others. They override religious and
political antagonism. They even rise
above the ties of patriotism in times Of
civil war. A favorite plot with drama
fists and writers of fiction is to bring
together lovers who belong to hostile
nations or factions at war with each
other; and history is not without fre-
quent examples to justify the practice.
Our present civil war has produced a
number of examples in which Union
officers have married the daughters of
rebels In spite of the most violent POI
litical antagonisms. The law of attrac-
ton between the sexes, where there is
equal social position, is too strong for
the most deep rooted political animOsi
ties.


IN like manner, social inequalities
are too strong to Be overcome by ma
tional or party afinities; and we will
venture to assert that there would be, if
the parties could be brought together,
a hundred matches between the sons
and daughters of the wealthy and &C
complished AbolitionistsSof New Eng
land and those of the corresponding
class in the South, TO one match in eth
er section between the elevated and the
humble classes


Social laws are self-enforcing- They
need no Judges and juries, no sheriffs OF
constables 70 put them in force. Like
the laws of nature, they seem to be ON
nipresent wherever society exists and |
although they are often cruel and IN
christian in spirit, there is no remedy |
but in the diffusion Of a larger measure
of intelligence and virtue among the |
people. They cannot be abrogsted or |
amended directly by statutory enact /
ments. The repeal Of laws which IN
fict a stigma upon q class will, doubt [
less, ameliorate public opinion, and re- |
move prejudice, in the course OF time /
but social Justice cannot be enforced By |
law. The attempt would cause greater |
injustice upon the other side