The Journal of Negro History, Volume 6, 1921 — John Shaqi
The Journal of Negro History, Volume 6, 1921Various
History
The Journal of Negro History, Volume 6, 1921
Various
African Americans -- Periodicals
Justice Bradley believed, moreover, that the Civil Rights Act could
not be supported by the Thirteenth Amendment in that, unlike the
Fourteenth Amendment, the Thirteenth Amendment is primary and direct
in abolishing slavery. "When a man has emerged from slavery," said he,
"and by the aid of beneficent legislation has shaken off the
inseparable concomitants of that state there must be some stage in
the progress of his elevation when he takes the rank of a mere
citizen, ceases to be the special favorite of the laws, and when his
rights as a citizen or a man, are to be protected in the ordinary
modes by which other men's rights are protected." To eject a Negro
from an inn or a hotel, to compel him to ride in a separate car, to
deny him access and use of places maintained at public expense,
according to Justice Bradley, do not constitute imposing upon the
Negroes badges and incidents of slavery; for they are acts of
individuals with which Congress, because of the limited powers of the
Federal government, cannot have anything to do. The particular clause
in the Civil Rights Act, so far as it operated on individuals in the
several States was, therefore, held null and void, but the court held
that it might apply to the District of Columbia and territories of the
United States for which Congress might legislate directly. Since then
the court has in the recent _Wright Case_ declared null and void even
that part which it formerly said might apply to territory governed
directly by Congress, thus taking the position tantamount to reading
into the laws of the United States and the laws of nations the
segregation measures of a mediaeval ex-slaveholding commonwealth
assisted by the nation in enforcing obedience to its will beyond the
three mile limit on the high seas.
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