We have discussed the question presented by the law on the assumption
that a right to enjoy equal accommodations and privileges in all inns,
public conveyances and places of public amusements, is one of the
essential rights of the citizen which no State can abridge or interfere
with. Whether it is such a right or not, is a different question which,
in the view we have taken of the validity of the law on the ground
already stated, it is not necessary to examine.
We have also discussed the validity of the law in reference to cases
arising in the States only; and not in reference to cases arising in
the Territories or the District of Columbia, which are subject to the
plenary legislation of Congress in every branch of municipal regulation.
Whether the law would be a valid one as applied to the Territories and
the District is not a question for consideration in the cases before us;
they all being cases arising within the limits of States. And whether
Congress, in the exercise of its power to regulate commerce amongst the
several States, might or might not pass a law regulating rights in public
conveyances passing from one State to another, is also a question which
is not now before us, as the sections in question are not conceived in
any such view.
But the power of Congress to adopt direct and primary, as distinguished
from corrective legislation, on the subject in hand, is sought, in the
second place, from the Thirteenth Amendment, which abolishes slavery.
This amendment declares “that neither slavery nor involuntary servitude,
except as a punishment for crime, whereof the party shall have been duly
convicted, shall exist within the United States, or any place subject to
their jurisdiction;” and it gives Congress power to enforce the amendment
by appropriate legislation.
This amendment, as well as the Fourteenth, is undoubtedly self-executing
without any ancillary legislation, so far as its terms are applicable
to any existing state of circumstances. By its own unaided force and
effect it abolished slavery, and established universal freedom. Still,
legislation may be necessary and proper to meet all the various cases
and circumstances to be affected by it, and to prescribe proper modes
of redress for its violation in letter or spirit. And such legislation
may be primary and direct in its character; for the amendment is not a
mere prohibition of State laws establishing or upholding slavery, but
an absolute declaration that slavery or involuntary servitude shall not
exist in any part of the United States.
Public-domain text, read in full here on John Shaqi.
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