3. That the 13th Amendment relates only to slavery and involuntary servitude, which it abolishes.
4. That the 13th Amendment establishes universal freedom in the United States.
5. That Congress may probably pass laws directly enforcing its provisions.
6. That such legislative power in Congress extends only to the subject of slavery, and its incidents.
7. That the denial of equal accommodations in inns, public conveyances and places of public amusement, imposes no badge of slavery or involuntary servitude upon the party, but at most infringes rights which are protected from State aggression by the 14th Amendment.
8. The Court is uncertain whether the accommodations and privileges sought to be protected by the first and second sections of the Civil Rights Act are or are not rights constitutionally demandable,—and if they are, in what form they are to be protected.
9. Neither does the Court decide whether the law, as it stands, is operative in the Territories and the District of Columbia.
10. Neither does the Court decide whether Congress, under the commercial power, may or may not pass a law securing to all persons equal accommodations on lines of public conveyance between two or more States.
11. The Court also holds, in the present case, that until some State law has been passed, or some State action through its officers or agents has been taken adverse to the rights of citizens sought to be protected by the 14th Amendment, no legislation of the United States under said amendment, or any proceeding under such legislation, can be called into activity, for the reason that the prohibitions of the amendment are against State laws and acts done under State authority. The essence of said decision being, that the managers and owners of inns, railways, and all public conveyances, of theatres and all places of public amusement, may discriminate on account of race, color, or previous condition of servitude, and that the citizen so discriminated against, is without redress.
This decision takes from seven millions of people the shield of the Constitution. It leaves the best of the colored race at the mercy of the meanest of the white. It feeds fat the ancient grudge that vicious ignorance bears toward race and color. It will be approved and quoted by hundreds of thousands of unjust men. The masked wretches who, in the darkness of night, drag the poor negro from his cabin, and lacerate with whip and thong his quivering flesh, will, with bloody hands, applaud the Supreme Court. The men who, by mob violence, prevent the negro from depositing his ballot—who with gun and revolver drive him from the polls, and those who insult with vile and vulgar words the inoffensive colored girl, will welcome this decision with hyena joy. The basest will rejoice—the noblest will mourn.