In this connection it is proper to state that civil rights, such as
are guaranteed by the Constitution against State aggression, cannot
be impaired by the wrongful acts of individuals unsupported by State
authority in the shape of laws, customs, or judicial or executive
proceedings. The wrongful act of an individual, unsupported by any such
authority, is simply a private wrong, or a crime of that individual—an
invasion of the rights of the injured party, it is true, whether they
affect his person, his property or his reputation; but if not sanctioned
in some way by the State, or not done under State authority, his rights
remain in full force, and may presumably be vindicated by resort to the
laws of the State for redress. An individual cannot deprive a man of his
right to vote, to hold property, to buy and sell, to sue in the courts,
or to be a witness or juror; he may, by force or fraud, interfere with
the enjoyment of the right in a particular case; he may commit an assault
against the person, or commit murder, or use ruffian violence at the
polls, or slander the good name of a fellow-citizen; but unless protected
in these wrongful acts by some shield of State law or State authority, he
cannot destroy or injure the right; he will only render himself amenable
to satisfaction or punishment, and amenable therefor to the laws of the
State where the wrongful acts are committed. Hence in all of those cases
where the Constitution seeks to protect the rights of the citizen against
discriminative and unjust laws of the State by prohibiting such laws, it
is not individual offences, but abrogation and denial of rights which it
denounces, and for which it clothes the Congress with power to provide a
remedy. This abrogation and denial of rights, for which the States alone
were or could be responsible, was the great seminal and fundamental wrong
which was intended to be remedied. And the remedy to be provided must
necessarily be predicated upon that wrong. It must assume that in the
cases provided for the evil or wrong actually committed rests upon some
State law or State authority for its excuse and perpetration.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account