The Journal of Negro History, Volume 3, 1918Various
History
The Journal of Negro History, Volume 3, 1918
Various
African Americans -- Periodicals
that if that section could stand the test of a judicial decision all
the others could and should. And yet the court, through a decision
handed down by Mr. Justice Strong, affirmed the constitutionality of
that section, but in a decision delivered by Mr. Justice Bradley the
section providing for equal accommodations in hotels, inns and places
of amusement was declared unconstitutional except in the District of
Columbia and the territories. In several subsequent decisions, giving
in the main the opinion of Chief Justice Waite, some of the most vital
and important sections of the enforcement acts, especially those
having for their object the protection of individual citizens, through
federal machinery, when necessary, against domestic violence, were
also declared to be unconstitutional and void.
I am of the opinion, shared in by many others, that if men of the type
of Edmunds and Conkling had been appointed Supreme Court Justices
instead of Waite and Bradley, the rulings of the court in the
important cases referred to might have been, and I think would have
been, different. The unfortunate thing about those decisions is the
wide scope of authority thus conceded to the States. In other words,
they amount to a judicial recognition of the dangerous doctrine of
States Rights--a doctrine which has been the source and the cause of
most of our domestic troubles and misfortunes since those decisions
were rendered. But for those unfortunate decisions our country would
not be cursed and disgraced today by lynch law and other forms of
lawlessness and racial proscription and discrimination. But for those
unfortunate decisions lynchings could have been and I am sure would
have been held to be an offense against the peace and dignity of the
United States as well as the State in which the crime is committed.
Consequently, the criminals could be, and in most cases would be,
prosecuted in the United States courts, as was done in the case of
many of the leaders of that secret criminal organization called the Ku
Klux Klan. But this took place before the decisions referred to were
rendered. The court has also decided that a State law providing
separate accommodations for white and colored people on railroad
trains, at least for a passenger whose journey begins and ends in the
same state, is not an abridgment in violation of the constitution,
provided the accommodations for the two races are exactly equal. This
means that the validity even of those laws will not be affirmed
whenever it can be shown that the accommodations are not equal, which
can be very easily done. _Equal_ separate accommodations are both a
physical and a financial impossibility. It is simply impossible for a
railroad company to provide the same accommodations for one colored
passenger that it provides for one hundred whites. If, then, a colored
passenger cannot occupy a seat or a sleeping berth in a car in which
white persons may be passengers, this will not only be an abridgment,
Public-domain text, read in full here on John Shaqi.
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