Such being the relations these corporations hold to the public, it
would seem that the right of a colored person to use an improved public
highway, upon the terms accorded to freemen of other races, is as
fundamental, in the state of freedom established in this country, as are
any of the rights which my brethren conceive to be so far fundamental as
to be deemed the essence of civil freedom. “Personal liberty consists,”
says Blackstone, “in the power of locomotion, of changing situation,
or removing one’s person to whatever places one’s own inclination may
direct, without restraint, unless by due course of law.” But of what
value is this right of locomotion, if it may be clogged by such burdens
as Congress intended by the act of 1875 to remove? They are burdens which
lay at the very foundation of the institution of slavery as it once
existed. They are not to be sustained, except upon the assumption that
there is, in this land of universal liberty, a class which may still
be discriminated against, even in respect of rights of a character so
necessary and supreme, that deprived of their employment in common with
others, a freeman is not only branded as one inferior and infected, but,
in the competitions of life, is robbed of some of the most essential
means of existence; and all this solely because they belong to a
particular race which the nation has liberated. The Thirteenth Amendment
alone obliterated the race line, so far as all rights fundamental in a
state of freedom are concerned.
_Second_, as to inns. The same general observations which have been made
as to railroads are applicable to inns. The word ‘inn’ has a technical
legal signification. It means, in the act of 1875, just what it meant
at common law. A mere private boarding-house is not an inn, nor is its
keeper subject to the responsibilities, or entitled to the privileges of
a common innkeeper. “To constitute one an innkeeper, within the legal
force of that term, he must keep a house of entertainment or lodging for
all travelers or wayfarers who might choose to accept the same, being of
good character or conduct.” Redfield on Carriers, etc., § 775.
The United States Government is divided into three co-ordinate
departments:—(1) Legislative, (2) Executive, (3) Judiciary. These
departments are an obscure deception to the negro. These departments
are upheld and supported by 8,000,000 black people, and scarcely one
escapes the dreadful discrimination which in all cases means respectable
accommodation for the white man and disrespectable accommodation for the
black man.
SALUS-POPULI-SUPRE MA-EST-LEX.
Public-domain text, read in full here on John Shaqi.
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