Democratic Sentinel, Volume 7, Number 39, Rensselaer, Jasper County, 26 October 1883 — PRESS COMMENT. [ARTICLE]
PRESS COMMENT.
[From the New York Times, Republican. 1 In the temper which the people have now reached in dealing with questions that formerly had a sectional significance and that. pertaiß to the relations of tho races In this country, it seems as though nothing were neoessary but a careful reading of the Fourteenth amendment to show that It did not authorlze such legislation as the Civil Rightsact, and yet Judge Harlan Is to file a dissenting opinion which may present considerations that do not occur to the ordinary mind. The prohibition of the amendment is specially directed against the making and enforcing of laws by States which shall abridge the privileges and Immunities of citizens. Assuming that these concede the right to equal accommodations in public conveyances and places of entertainment, it does not appear in any of these cases that the State has in its legislation for the enforcement of laws made the discriminations complained of. The decision Is not likely to have any 'considerable practical effect, for the reason that the act of 1875 has never been enforced. Spasmodic efforts have been made to give It effect, and occasional contests have been made In the courts, but the general practice pf railroads, hotels, and theaters has remained unchanged, and has depended mainly on tho prevailing sentiment of the communities in which they are located. The question of absolute right is not affected by the constitutional amendment or the decision of the Supreme court. There is a good deal of unjust prejudice against negroes, and they should bo treated on their merits as individuals precisely as other citizens are treated in like circumstances. But it is doubtful If social privileges can be succesfully dealt with by legislation of any kind. At any rate, it ia now certain that they are beyond the jurisdiction of the Federal Congress. If anything can be done for their benefit It must be through State legislation. They are .guaranteed against adverse and discriminating action by the States, and favorable action can only be secured through State authority. This remands the whole matter to the field in which it rightly belongs and In which alone It can be effectually dealt with. [From the New York World, Democratic.] The decision of the Supreme court of the United States declaring the Civil Rights law unconstitutional will create much excitement among the negro population. The court doe* not find In the Thirteenth or Fourteenth amendments any authority for*legislation requiring, under penalties, that equal privileges shall be accorded In hotels, railways and theaters to colored and white citizens alike. The opinion, singularly enough, Is written by Justice Bradley, of New Jersey, while the only dissenting voice Is that of Justice Harlan, of Kentucky. The latter Judge records the notice of his non-concurrence, and promises to file his opinion sustaining tho law at a futurentime. Judge Bradley was President Grant’s appointment and Judge Harlap was appointed by Hayes. The blunders by which the object of equal social rights has thus been defeated are those of the Republicans. The Democrats have no responsibility In the matter. If our colored fellow-citizens act wisely they will accept the result with silence and will strive by selfimprovement and good citizenship to win the respoct and oonsidoration to which every honest man is entitled, no matter what may be the color of his skin. That is their surest way to equal rights and to the sympathy of all whose friendship is worth having. [From New York Truth (Independent).] The United States Supreme dourt has put a quietus on the fanatical legislation In Congress of a few years ago by which Federal laws provided penalties against Innkeepers, railway agents, theater or restaurant managers who did not give privileges to colored people equal to those given white people. The court almost unanimously hold that only tho States dan regulate such. matters, and that the Federal statutes and penalties In question are unconstitutional. This State has a law for such equal privileges, but It Is regarded as a dead letter, because refiusals to colored people can be put upon assailable grounds by the use of a ’ little tact and discretion.
