"It was the obvious purpose of the 13th Amendment to forbid all shades and conditions of African slavery."
And to that I add, it was the obvious purpose of that amendment to forbid all shades and conditions of slavery, no matter of what sort or kind—all marks of legal inferiority. Each citizen was to be absolutely free. All his rights complete, whole, unmaimed and unabridged.
From the moment of the adoption of that amendment, the law became color-blind. All distinctions on account of complexion vanished. It took the whip from the hand of the white man, and put the nation's flag above the negro's hut. It gave horizon, scope and dome to the lowest life. It stretched a sky studded with stars of hope above the humblest head.
The Supreme Court has admitted, in the very case we are now discussing, that:
"Under the 13th Amendment the legislation meaning the legislation of Congress—so far as necessary or proper to eradicate all forms and incidents of slavery and involuntary servitude, may be direct and primary, operating upon the acts of individuals, whether sanctioned by State legislation or not."
Here we have the authority for dealing with individuals.
The only question then remaining is, whether an individual, being the keeper of a public inn, or the agent of a railway corporation, created by a State, can be held responsible in a Federal Court for discriminating against a citizen of the United States on account of race, color, or previous condition of servitude. If such discrimination is a badge of slavery, or places the party discriminated against in a condition of involuntary servitude, then the Civil Rights Act may be upheld by the 13th Amendment.
In The United Slates vs. Harris, 106 U. S., 640, the Supreme Court says:
"It is clear that the 13th Amendment, besides abolishing forever slavery and involuntary servitude within the United States, gives power to Congress to protect all citizens from being in any way subjected to slavery or involuntary servitude, except for the punishment of crime, and in the enjoyment of that freedom which it was the object of the amendment to secure."
This declaration covers the entire case.