THE CIVIL RIGHTS BILL.
Question. What do you think of the recent opinion of the Supreme Court touching the rights of the colored man?
Answer. I think it is all wrong. The intention of the framers of the amendment, by virtue of which the law was passed, was that no distinction should be made in inns, in hotels, cars, or in theatres; in short, in public places, on account of color, race, or previous condition. The object of the men who framed that amendment to the Constitution was perfectly clear, perfectly well known, perfectly understood. They intended to secure, by an amendment to the fundamental law, what had been fought for by hundreds of thousands of men. They knew that the institution of slavery had cost rebellion; the also knew that the spirit of caste was only slavery in another form. They intended to kill that spirit. Their object was that the law, like the sun, should shine upon all, and that no man keeping a hotel, no corporation running cars, no person managing a theatre should make any distinction on account of race or color. This amendment is above all praise. It was the result of a moral exaltation, such as the world never before had seen. There were years during the war, and after, when the American people were simply sublime; when their generosity was boundless; when they were willing to endure any hardship to make this an absolutely free country.
This decision of the Supreme Court puts the best people of the colored race at the mercy of the meanest portion of the white race. It allows a contemptible white man to trample upon a good colored man. I believe in drawing a line between good and bad, between clean and unclean, but I do not believe in drawing a color line which is as cruel as the lash of slavery.
I am willing to be on an equality in all hotels, in all cars, in all theatres, with colored people. I make no distinction of race. Those make the distinction who cannot afford not to. If nature has made no distinction between me and some others, I do not ask the aid of the Legislature. I am willing to associate with all good, clean persons, irrespective of complexion.
This decision virtually gives away one of the great principles for which the war was fought. It carries the doctrine of "State Rights" to the Democratic extreme, and renders necessary either another amendment or a new court.
I agree with Justice Harlan. He has taken a noble and patriotic stand. Kentucky rebukes Massachusetts! I am waiting with some impatience—impatient because I anticipate a pleasure—for his dissenting opinion. Only a little while ago Justice Harlan took a very noble stand on the Virginia Coupon cases, in which was involved the right of a State to repudiate its debts. Now he has taken a stand in favor of the civil rights of the colored man; and in both instances I think he is right.
This decision may, after all, help the Republican party. A decision of the Supreme Court aroused the indignation of the entire North, and I hope the present decision will have a like effect. The good people of this country will not be satisfied until every man beneath the flag, without the slightest respect to his complexion, stands on a perfect equality before the law with every other. Any government that makes a distinction on account of color, is a disgrace to the age in which we live. The idea that a man like Frederick Douglass can be denied entrance to a car, that the doors of a hotel can be shut in his face; that he may be prevented from entering a theatre; the idea that there shall be some ignominious corner into which such a man can be thrown simply by a decision of the Supreme Court! This idea is simply absurd.
Question. What remains to be done now, and who is going to do it?
Answer. For a good while people have been saying that the Republican party has outlived its usefulness; that there is very little difference now between the parties; that there is hardly enough left to talk about. This decision opens the whole question. This decision says to the Republican party, "Your mission is not yet ended. This is not a free country. Our flag does not protect the rights of a human being." This decision is the tap of a drum. The old veterans will fall into line. This decision gives the issue for the next campaign, and it may be that the Supreme Court has builded wiser than it knew. This is a greater question than the tariff or free trade. It is a question of freedom, of human rights, of the sacredness of humanity.
The real Americans, the real believers in Liberty, will give three cheers for Judge Harlan.
One word more. The Government is bound to protect its citizens, not only when they are away from home, but when they are under the flag. In time of war the Government has a right to draft any citizen; to put that citizen in the line of battle, and compel him to fight for the nation. If the Government when imperiled has the right to compel a citizen, whether white or black, to defend with his blood the flag, that citizen, when imperiled, has the right to demand protection from the Nation. The Nation cannot then say, "You must appeal to your State." If the citizen must appeal to the State for redress, then the citizen should defend the State and not the General Government, and the doctrine of State Rights then becomes complete.
—The National Republican, Washington, D. C., October 17, 1883.