The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—MiscellanyIngersoll, Robert Green
Religion
The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—Miscellany
Ingersoll, Robert Green
Free thought
"Perhaps the safest rule of interpretation, after all, will be found to
be to look to the nature and objects of the particular powers, duties
and rights with all the lights and aids of contemporary history, and to
give to the words of each just such operation and force consistent
with their legitimate meaning, as may fairly secure and attain the ends
proposed."
It must be admitted that certain rights were conferred by the 13th
Amendment. Surely certain rights were conferred by the 14th Amendment;
and these rights should be protected and upheld by the Federal
Government. And it was held in the case last cited, that:
"If by one mode of interpretation the right must become shadowy and
unsubstantial, and without any remedial power adequate to the end, and
by another mode it will attain its just end and secure its manifest
purpose--it would seem, upon principles of reasoning absolutely
irresistable, that the latter ought to prevail. No court of justice can
be authorized so as to construe any clauses of the Constitution as to
defeat its obvious ends, when another construction, equally accordant
with the words and sense thereof, will enforce and protect them."
In the present case, the Supreme Court holds, that Congress can not
legislate upon this subject until the State has passed some law contrary
to the Constitution.
I call attention in reply to this, to the case of _Hall vs. De Cuir,_
95 U. S., 486. The State of Louisiana, in 1869, acting in the spirit of
these amendments to the Constitution, passed a law requiring that all
persons engaged within that State in the business of common carriers of
passengers, should make no discrimination on account of race, color, or
previous condition of servitude. Under this law, Mrs. De Cuir, a colored
woman, took passage on a steamer, buying a ticket from New Orleans to
Hermitage--the entire trip being within the limits of the State. The
captain of the boat refused to give her equal accommodations with other
passengers--the refusal being on the ground of her color. She commenced
suit against the captain in the State Court of Louisiana, and recovered
judgment for one thousand dollars. The defendant appealed to the Supreme
Court of that State, and the judgment of the lower court was sustained.
Thereupon, the captain died, and the case was taken to the Supreme Court
of the United States by his administrator, on the ground that a Federal
question was involved.
Public-domain text, read in full here on John Shaqi.
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