Year: 1875

q citizen of the United States he NAV
he may look to the United States Gov
ernment. When he comes to claim
protection for his rights as a citizen
OF the state he must look to the State
that granted those rights. There is
the simple, precise meaning: the
jurisdiction is thus well and clearly
defined, and the safety and protection
of our political system requires that il
should not be confused.


This is stating simply and shortly
the repeated decisions of the Supreme
court OF the United States. in the full
view OF which we are now to legis-
late. The doctrines which they have
laid down when applied to the BILL un-
oer consideration must make it clear
IN the mind OF any unprejudiced man
tnat there is no warrant under the
fourteenth amendment to pass this
highly penal and grossly unjust, cruel,
and unnecessary measure. To Justly
such legislation under any construc-
ton OF the Constitution, it will be
necessary to declare that the privi-
ieges OF using hotels created by in
dividual means and enterprise within
State under the laws of a State or
OF public conveyances on land or by
water within State or places of pub
lie amusement within State are not
State institutions, but are Federal in
their origin and nature.


Such legislation cannot be justified
unless you can deny the truth that
these business pursuits all originate
under local laws and are naturally and
necessarily regulated by State authority
Tor state purposes, and are subject to
the necessary police powers of the COM
munlty in which they exist; otherwise
1t ls the sheerest usurpation to attempt
to interfere with the exercise of these
pursuits by warrant of authority of the
Congress of the United States.


MIR: President, suppose the majority
OF this Senate are committed to the pas
sage OF this act. When it was before us
on another occasion it contained features
more mlschievous and cruel than we find
in it now, which am glad have been
omitted from the present bill. speak
OF the school clause, which would GER
talniy have had the effect of breaking
up the entire system of public education
OF the poorer classes throughout all
those sections of country where the col
ored people exist in large numbers. For
the sake of the colored people, for the
sake OF the whites. would have deeply
deplored any such legislation. / am
thankful that we are not called upon to
meet it IN this bill.


But this bill, if 1t become law, will
never be sanctioned by public opinion
Or the sentiment of the people; it will
not be sustained by the courts; and, as.
was once Said of an invalid Judgment
rendered by court, it will go forth
without authority and will return with
out respect"


l do not comprehend altogether the
| motive for pressing such measure, and
! do not wish to impute motive unless it
Is very clear. l can see no good to be
| accomplished by this bill. can see only
| new and increased heart burnings and
unklndnesses between those races whom
every good man must wish to see at
peace with each other in their relative
spheres of life and usefulness. Litiga-
tlon will be promoted and great loss and
annoyance must ensue to those citizens
| whose means are embarked in the pur-
suits aimed at by the provisions of this
\ bill. The honest business of the hotels
| and theaters will be injured by this mis-
| chievous act until judicial decisions shall
bring peace and set it at rest.


l have had much encouragement of
Late in the belief that more liberal and


kinder tone and sense of justice was be-
ing aroused in the breasts of men of
my own race toward the black men
all over the country, by which their edu-
cational facilities were being increased,
ana oy which a better understanding
was being brought about between the
races. fear this bill will create causes
/ OF collision, of unkindness and misunder-
standing, in which pecuniary loss must
| occur to the white, with no benefit what
ever to the black. The good sense OF both
parties may in some degree prevent it ;
but trust such speedy decision of the
cou rts will be had as to deprive this mea
sure of the sting, and take from it all ca
pacity for m;schievous interference by
those who are disposed to find profit and
| power in public disorder and contention.
1t is in the interest of this ill-omened
pressed. 1t will be found to be totally
without benefit to any, but fruitful Of
annoyance and trouble to thousands.
| Mr.. President, there are many other


views of this subject which should have


been disposed under other circumstances
to have expressed to the Senate. The
utter injustice, inequality and inexpedi-


ency of thus act; the absence OF that


wise, broad and practical statesmanship


which should mould our legislation could


be easily demonstrated. We have had,
however, lOtS anu UeulouS session, Dy


day and night, with the understanding


that after the remaining hours of this
night, afford us much-needed rest we


shall again resume the consideration of


this question tomorrow. Other gentle


men may desire to express their views


upon it, and therefore shall leave the
question.


There are many objections of a social


nature which should have proposed to
state, but l have confined myself to what


am aware is avery imperfect statement
! of the legal and constitutional objections
to the enactment of this bill. 1t required
, nothing original in argument. The SIM


pie citation of those doctrines which
have been applied in cases entirely at one
with that which we are now considering
leaves me in no doubt that the bill
which we are now considering has not
; single constitutional featurei that it
/ seeks to create a confusion between the
: lines OF State and Federal authority fa-
, tai to good government, and which I
trust will be set right by the courts when
!, they shall have the opportunity.


I had intended TO discuss the section