With this statement I most heartily agree. I agree that:
"When the wrongful refusal is because of race, color, or previous condition of servitude, Congress can interfere and provide for the punishment of any individual guilty of such refusal."
That is the key that unlocks the whole question. Congress has power—full, complete, and ample,—to protect all citizens from unjust discrimination, and from being deprived of equal privileges on account of race, color, or previous condition of servitude. And this language is just as applicable to the 13th and 14th, as to the 15th Amendment. If a citizen is denied the accommodations of a public inn, or a seat in a railway car, on account of race or color, or deprived of liberty on account of race or color, the Constitution has been violated, and the citizen thus discriminated against or thus deprived of liberty, is entitled to redress in a Federal Court.
It is held by the Supreme Court that the word "State" does not apply to the "people" of the State—that it applies only to the agents of the people of the State. And yet, the word "State," as used in the Constitution, has been held to include not only the persons in office, but the people who elected them—not only the agents, but the principals. In the Constitution it is provided that "no State shall coin money; and no State shall emit bills of credit." According to this decision, any person in any State, unless prevented by State authority, has the right to coin money and to emit bills of credit, and Congress has no power to legislate upon the subject—provided he does not counterfeit any of the coins or current money of the United States. Congress would have to deal—not with the individuals, but with the State; and unless the State had passed some act allowing persons to coin money, or emit bills of credit, Congress could do nothing. Yet, long ago, Congress passed a statute preventing any person in any State from coining money. No matter if a citizen should coin it of pure gold, of the requisite fineness and weight, and not in the likeness of United States coins, he would be a criminal. We have a silver dollar, coined by the Government, worth eighty-five cents; and yet, if any person, in any State, should coin what he called a dollar, not like our money, but with a dollar's worth of silver in it, he would be guilty of a crime.
It may be said that the Constitution provides that Congress shall have power to coin money, and provide for the punishment of counterfeiting the securities and current coin of the United States; in other words, that the Constitution gives power to Congress to coin money and denies it to the States, not only, but gives Congress the power to legislate against counterfeiting. So, in the 13th, 14th, and 15th Amendments, power is given to Congress, and power is denied to the States, not only, but Congress is expressly authorized to enforce the amendments by appropriate legislation. Certainly the power is as broad in the one case as in the other; and in both cases, individuals can be reached as well as States.
So the Constitution provides that:
"Congress shall have power to regulate commerce among the several States."
Under this clause Congress deals directly with individuals. The States are not engaged in commerce, but the people are; and Congress makes rules and regulations for the government of the people so engaged.
The Constitution also provides that:
"Congress shall have power to regulate commerce with the Indian tribes."