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 opinion of the court was rendered by Mr. Justice Miller. The Justice
opened by making a few remarks upon the "police power," in the course of
which he said that the regulation of slaughtering fell within the
borders of that mysterious domain and without doubt constituted one of
the powers enjoyed by all states previous to the adoption of the Civil
War amendments. After commenting upon the great responsibility devolved
upon the Court in construing the Thirteenth and Fourteenth amendments
and remarking on the careful deliberation with which the judges had
arrived at their conclusions, Justice Miller then turned to an
examination of the historical purpose which underlay the adoption of the
amendments in question. After his recapitulation of recent events, he
concluded: "On the most casual examination of the language of these
amendments, no one can fail to be impressed with the one pervading
purpose found in them all, lying at the foundation of each, and without
which none of them would have been even suggested; we mean the freedom
of the slave race, the security and firm establishment of that freedom,
and the protection of the newly-made freeman and citizen from the
oppression of those who had formerly exercised unlimited dominion over
him. It is true that only the Fifteenth Amendment, in terms, mentions
the negro by speaking of his color and his slavery. But it is just as
true that each of the other articles was addressed to the grievances of
that race and designed to remedy them as the Fifteenth. We do not say
that no one else but the negro can share in this protection. Both the
language and spirit of these articles are to have their fair and just
weight in any question of construction.... What we do wish to say and
what we wish to be understood as saying is, that in any fair and just
construction of any section or phrase of these amendments, it is
necessary to look to the purpose, which as we have said was the
pervading spirit of them all, the evil which they were designed to
remedy, and the process of continued addition to the Constitution until
that purpose was supposed to be accomplished as far as constitutional
law can accomplish it."
Justice Miller dismissed with a tone of impatience the idea of the
counsel for the plaintiffs in error that the Louisiana statute in
question imposed an "involuntary servitude" forbidden by the Thirteenth
Amendment. "To withdraw the mind," he said, "from the contemplation of
this grand yet simple declaration of the personal freedom of all the
human race within the jurisdiction of this government--a declaration
designed to establish the freedom of four million slaves--and with a
microscopic search endeavor to find it in reference to servitudes which
may have been attached to property in certain localities, requires an
effort, to say the least of it."
Public-domain text, read in full here on John Shaqi.
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