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
You will see that this was a case where the State had acted, and had
acted exactly in accordance with the constitutional amendments, and had
by law provided that the privileges and immunities of the citizen of
the United States--residing in the State of Louisiana--should not be
abridged, and that no distinction should be made on account of race or
color. But in that case the Supreme Court of the United States solemnly
decided that the legislation of the State was void--that the State of
Louisiana had no right to interfere--no right, by law, to protect a
citizen of the United States from being discriminated against under such
circumstances.
You will remember that the plaintiff, Mrs. De Cuir, was to be carried
from New Orleans to Hermitage, and that both places were within the
State of Louisiana. Notwithstanding this, the Supreme Court held:
"That if the public good required such legislation, it must come from
Congress and not from the State."
What reason do you suppose was given? It was this: The Constitution
gives to Congress power to regulate commerce between the States; and
it appeared from the evidence given in that case, that the boat plied
between the ports of New Orleans and Vicksburg. Consequently, it was
engaged in interstate commerce. Therefore, it was under the protection
of Congress; and being under the protection of Congress, the State had
no authority to protect its citizens by a law in perfect harmony with
the Constitution of the United States, while such citizens were within
the limits of Louisiana. The Supreme Court scorns the protection of a
State!
In the case recently decided, and about which we are talking to-night,
the Supreme Court decides exactly the other way. It decides that if the
public good requires such legislation, it must come from the States, and
not from Congress; that Congress cannot act until the State has acted,
and until the State has acted wrong, and that Congress can then only act
for the purpose of "correcting" such State action. The decision in _Hall
vs. De Cuir_ was rendered in 1877. The Civil Rights Act was then in
force, and applied to all persons within the jurisdiction of the United
States, and provided expressly that:
"All persons within the jurisdiction of the United States shall
be entitled to the full and equal enjoyment of the accommodations,
privileges, and facilities of inns, public conveyances on land or water,
theatres, and other places of public amusement, without regard to race
or color."
And yet the Supreme Court said:
"No carrier of passengers can conduct his business with satisfaction to
himself, or comfort to those employing him, if on one side of a State
line his passengers, both white and colored, must be permitted to occupy
the same cabin, and on the other to be kept separate."
Public-domain text, read in full here on John Shaqi.
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