Contemporary American History, 1877-1913 — John Shaqi
Contemporary American History, 1877-1913Beard, Charles A. (Charles Austin)
History
Contemporary American History, 1877-1913
Beard, Charles A. (Charles Austin)
United States -- History -- 1865-1921
The spirit of this act was reflected in the preamble: "Whereas it is
essential to just government, we recognize the equality of all men
before the law, and hold that it is the duty of government in its
dealings with the people to mete out equal and exact justice to all, of
whatever nativity, race, color, or persuasion, religious or political;
and it being the appropriate object of legislation to enact great
fundamental principles into law." After this profession of faith, the
act proceeds to declare that all persons within the jurisdiction of the
United States shall be entitled to the full and equal enjoyment of the
accommodations, advantages, facilities, and privileges of inns, public
conveyances on land or water, theaters and other places of amusement,
subject to limitations applied to all alike, regardless of race or
color. The act further provided that in the selection of jurors no
discrimination should be made on account of race, color, or previous
condition of servitude under a penalty of not more than $5,000.
Jurisdiction over offenses was conferred upon the district and circuit
courts of the United States, and heavy penalties were imposed upon those
who violated the law. This measure was, of course, hotly resisted, and,
in fact, nullified everywhere throughout the Union, north and
south--except in some of the simple rural regions.
The validity of the act came before the Supreme Court for adjudication
in the celebrated Civil Rights Cases in 1883 and a part of the law was
declared unconstitutional in an opinion of the Court rendered by Mr.
Justice Bradley. According to his view, the Fourteenth Amendment did not
authorize Congress to legislate upon subjects which were in the domain
of state legislation--that is to create a code of municipal law for the
regulation of private rights; but it merely authorized Congress to
provide modes of relief against state legislation and the action of
state officers, executive or judicial, which were subversive of the
fundamental rights specified in the amendment. "Until some state law has
been passed," he said, "or some state action through its officers or
agents has been taken, adverse to the rights of citizens sought to be
protected by the Fourteenth Amendment, no legislation of the United
States under said Amendment, nor any proceeding under such legislation
can be called into activity: for the prohibitions of the Amendment are
against state laws and acts done under state authority."
Public-domain text, read in full here on John Shaqi.
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