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diff --git a/old/62741-0.txt b/old/62741-0.txt deleted file mode 100644 index cafec33..0000000 --- a/old/62741-0.txt +++ /dev/null @@ -1,3485 +0,0 @@ -The Project Gutenberg EBook of The Jim Crow Car, by J. C. Coleman - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Jim Crow Car - Denouncement of injustice meted out to the black race - -Author: J. C. Coleman - -Release Date: July 23, 2020 [EBook #62741] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE JIM CROW CAR *** - - - - -Produced by deaurider and the Online Distributed -Proofreading Team at https://www.pgdp.net (This file was -produced from images generously made available by The -Internet Archive) - - - - - - - - - - - THE JIM CROW CAR; - - OR, - - DENOUNCEMENT OF INJUSTICE METED OUT TO THE - BLACK RACE. - - Supreme Court Decision, by His Lordship Bishop H. M. - Turner, Largely Quoted and Elucidated—Clippings from - Miss Ida B. Wells Barnett’s “The Reason Why”—Grave - State of Affairs in the Southern States—Incidents - on Railroads—Public Conveyances—Employment, - Etc. - - BY - REV. J. C. COLEMAN, - - Formerly Illustrating Lecturer on the “Progress of the - Negro of the South,” “Bishop Taylor’s Mission - to South Africa,” “Biblical Characters,” - “A Drunkard’s Doom,” Etc. - - TORONTO, ONT.: - HILL PRINTING CO., 48 RICHMOND STREET WEST. - 1898. - - - - -PREFACE. - - -My opposition to injustice, imposition, discrimination and prejudice, -which have for many years existed against the colored people of the -South, has led to this little book. In many parts of America the press -has been furnished with “matter” for defending the colored people, -through the medium of “Coleman’s Illustrated Lectures.” By request of my -many auditors, some of whom being leading elements of the Northern States -and Canada, this volume is published. Many persons interested in the -welfare of the negro, have sought a more elaborate book on the Southern -horrors. Therefore, the manner in which the colored people are treated, -and the laws devised against them from time to time, are the chief -subjects. - -My endeavour to furnish those concerned in human welfare, with Southern -railroad affairs, lynchings, etc., so far as the so-called law governing -the white and black races is concerned, is evinced in the experience of -eight years touring on various lines throughout the South. My statements -being authentic and impartial, I have noted some incidents occurring -on roads which I have travelled, amid peculiar circumstances, which I -hope will prove serviceable to the reader. I have quoted Bishop Turner’s -“Supreme Court Decision,” and Mrs. Ida B. Wells Barnett’s “The Reason -Why,” largely because they contain facts _agreeing_ very much with my -experience and judgment. Opinions of leading Afro-American journals have -been expressed as a unanimous sentiment of the race, regarding their -loyalty to the flag under which they live and serve. The main object -of this book is to create within the hearts of those who may read it, -sympathy for the colored people of the South. So many unreasonable things -have been alleged against the negro, that he now demands a reasonable -_consideration_. - -The Southern press has made scores of enemies for the entire race, and -continues doing so. The “Rape” Bell has been sounded all over the world -to degrade the negro and impede his rapid progress. Why did the negro -not commit “rape” during his dark days of slavery? In slavery he was -not allowed to know A from B, or 1 from 2. This means that a slave was -esteemed a little higher than the cattle. Slavery is illiteracy. “God is -a jealous God, visiting the iniquity of the fathers upon the children -unto the third and fourth generation of them that hate Him.” “The people -of the Southern States have enslaved the colored people; for 250 years -held them a small degree above the dumb brute. To-day they lynch the -negro, burn him, and refuse him justice on railway cars. God will visit -the Americans. If not the 3rd generation, the 4th will be made repent, -and humiliate to the black man.”—_Rev. J. C. Tolmie, B.A._ - -The fact that there are in the South about 20,000 teachers, 238,000 -scholars, 150 schools for advanced education, and seven colleges with -negro faculty, is sufficient proof itself that the current reports -of “rape” are not true. There are about 8,000,000 colored people in -the United States, and about half that number are Church goers, which -proportionately far exceeds their white brethren. The people who have -been prejudiced against the colored race by Southern newspapers, have -never considered that there are no daily papers managed by the colored -people to defend their side of the case. The weekly papers of colored -editorship are not read by the white race. Then how can the considerate -people who would know of the perpetual reports, arrive at a definite -conclusion as to whether they are right or wrong? There are two sides to -a case, and each side deserves scrutineering. No just judge will hear -the plaintiff, and drive the defendant from the Court room door. _Negro_ -rights have been advocated, and are now being advocated by the British -press, and by true, sympathetic ministers of the gospel of both the -North and South. I pray that such a thirsting after righteousness will -emanate from the Churches in America that will cause the world to see -that Christianity predominates from the chilly plains of the North to the -smoky regions of the South. - - “Lord, while for all mankind we pray, - Of every clime and coast, - Oh, hear us for our precious race, - The race we love the most.” - - JOHN CLAY COLEMAN. - -Toronto, Ont., Jan. 15th, 1898. - - - - -INTRODUCTION. - - -Rev. J. Clay Coleman was born 4 miles south of Durant, Holmes Co., -Mississippi, Feb. 1st, 1876. Lived in Goodman, Holmes Co., Miss., until -1888. His parents were slaves on Tome Bigbee River, Alabama, a number of -years, and afterwards sold to Botus, at Lexington, Holmes Co., Miss.; -from Botus to Fletcher Harrington, at Goodman. - -Peter Coleman, the father of J. C. Coleman, was very much devoted to his -family, and took care to see that each of his seven children was to some -extent educated. John Clay Coleman proceeded to the study of law; but -by divine providence he was led to the study of the Bible, and became a -minister and travelling Biblical illustrating lecturer. Mr. Coleman and -the bulk of his relatives are Methodists, the majority of whom being -members of the same Church at Georgeville, Miss. Mrs. Rowena Coleman, -the faithful mother of Mr. Coleman, prayed that his calling would be -to preach the gospel. Her fervent prayers are heard and answered. In -1887, J. C. Coleman had the management of the country mail route from -Goodman to Cocksburg, Miss. Began travelling as lecturer in 1888. In -1892 he travelled the south through; visited the Columbian Exposition -at Chicago in 1893, and appeared at the Turkish Panorama of the Holy -Land, in the interest of “Coleman’s Great Biblical Exhibition.” This -unique exhibition was methodized by Mr. Coleman in his youth, and had -developed at this crisis into the most instructive mode of illustrating -the Scriptures to Bible students. His liberality toward different -institutions the past eight years has marked him a philanthropist. He -has sacrificed time, talent, and “earthly store” to the advancement of -his people. When leaving the World’s Columbian Exposition in 1893, he -was fully determined to impart his remaining years to missionary work in -Africa. He entered Canada in the “power of the Holy Spirit,” was ordained -minister of the gospel at the Annual Conference of the A. M. E. Church, -by Bishop H. M. Turner, at Windsor, Ont., Sept. 1st, 1895. Married Miss -Hattie E. Johnson, of Halifax, N. S. Matrimony performed by Rev. James M. -Henderson, M.A., D.D., President of Morris Brown College, Atlanta, Ga., -Jan. 17th, 1894. - -His wife being a consistent Church woman, has added well to his success -in the ministry. He was educated for the ministry at Victoria University, -Toronto, Ont., being the first colored student in this great University -since its establishment in the City of Toronto. He was received with a -cordial cheering. - -His fame as an illustrating lecturer is extensive. Having collected from -the Southern Horrors scenic views, and resplendently presented them by -use of stereopticons before immense audiences, chiefly white people, who -desired direct and accurate information of the condition of the “negro in -the South,” Mr. Coleman has caused a sensation everywhere seen and heard. -Persons have arose after his lectures and said, “Mr. Chairman, I move -that a vote of thanks be tendered Professor Coleman for his excellent -lecture and impressive views on the progress of the colored people in the -Southern States. He has indeed given us facts concerning the outrages -on the people of his nationality, illustrated by pictures taken from -natural life.” Voices could be heard exclaiming, “Hear! hear!!” in all -parts of the audience. Amid these demonstrations a unanimous vote would -be rendered, and an immediate protest against the unfair burdens lavished -upon the negro in the South would warmly ensue. - -Mr. Coleman learned in his early public career, that the negro journals -were not read by white people, and it was his highest ambition to carry -the news to them. He is not, therefore, as prominent in his own race as -he would be had he confined himself solely to them. That the Rev. Mr. -Coleman is an original race man, is evidently seen in some notes on his -boyhood traits, and his continuous advancement to a renowned defender -of peace, prosperity, and race protection, both home and abroad. The -leading elements of Goodman attest these facts in a meeting held in -1888, in honor of his departure: “We the undersigned citizens of Goodman -know Prof. John C. Coleman to be a polite and inoffensive gentleman. -We further know him to be of religious and high moral character, and -trustworthy in all of his dealings. We hope his aim set forth, to achieve -greater victories for his people, will be successfully accomplished. -Signed, J. D. Powers, W. D. Waugh, L. W. Houghes, Robert Ford, A. S. -Brumby, M.D., Rev. J. L. Crawford, P. Ward, J. M. Moody, W. W. Crawford, -W. C. Graham, C. Davis.” - -The reader of “THE JIM CROW CAR” will note that the author has not -tried to show the “dark side” of his race. Illustrations of the poor -unfortunate ex-slaves are not used, as in some books, touching the -subjects herein. - -TORONTO, January 15, 1898. - - - - -THE JIM CROW CAR. - - - - -CHAPTER I. - - EIGHT YEARS’ TRAVEL—GENERAL OBSERVATION—INFERIOR - ACCOMMODATION—DISCRIMINATION—IMPOSITION—IGNORANCE OF - DECENCY—PREJUDICE OCCUPIES THE HIGHEST SEAT—CHRISTIANITY SILENT. - - -During eight years’ travel on different railroads in the Southern States, -I strictly observed: - -1. That it is the duty of employees to see that inferior accommodations -in every “colored” car, and in every “colored” waiting room be arranged. -This unjust measure is heretically endorsed by the white passengers of -all classes. - -2. That Discrimination between the white and black races is designed by -“law,” and rigidly enforced on the colored passenger, and a mere sham to -the white passenger. - -3. That Imposition upon the colored passenger, in the filthiest, smoky -and inferior cars is participated in by the “highest white gentleman” -and the lowest “ignoramus Hill Billy.” - -4. That _Ignorance_ of Decency, politeness, modesty and morality of the -colored passenger is maintained. - -5. That Prejudice against the negro race, regardless of characteristics, -prevails in general officers—brakemen and depot agents—and in case of a -law suit for that which is actually and properly due, it occupies the -highest seat in the Court room. - -6. That a Christian minister is forced to smoke and associate with the -worst of humanity, by his white brother. Christianity in this respect is -inconsistent with that preached and practiced in India, China, Japan and -Africa. - - -EARLY EXPERIENCE. - -About one mile from the Coleman plantation lived Mrs. Covington, commonly -known as “the Widow Covington.” She owned about 300 acres of cultivated -and uncultivated land, left to her by her deceased husband. The land -being valued at from one dollar and twenty-five cents per acre to ten -dollars per acre, as most southern “sage” ground, placed her in poor -circumstances. Her surroundings put her in the estimation of her colored -neighbors nothing more than “poor white trash.” On account of her -declining condition, my father, who was extremely liberal, sent me to the -Widow Covington to assist her in gardening. It was a source of happiness -to be away from home, and more especially to visit a white person’s house -for the first time. Just as I left my father’s arms with a kiss and “good -bye,” he exclaimed, “Be a good boy!” As I walked along the rocky pathway, -ascending and descending the lofty hills, a constant voice, so tender and -penetrating, seemed to re-echo the words of my beloved father, “Be a good -boy.” Appearing at the widow’s gate, the customary salutation, “Hello,” -was yelled out. Being told to come in, I briskly attempted to step in at -the front door, when I was abruptly told, “Go around the back way.” This -I readily did, thinking that preparations were being made to entertain -the guest in the front room. I was given a seat in the kitchen, which was -both kitchen and dining room, being tosted over toward the north, leaving -several spaces large enough for the cook to have chicken visitors during -meal hours. When dinner was prepared, the little colored guest was left -to partake of the fragments on a separate table. This action being so -inhuman, I asked the widow why did she not ask me to the front room, and -before going to dinner send me to the toilet room, and let all sit at one -table, as there was so much vacancy at her table. The widow displayed no -small degree of madness in her response. “I want you to know that you are -a nigger, and you must stay in a nigger’s place.” - -It is to be seen from this that a black man is thought to be inferior to -a white man, and should for this reason be treated as such. The widow’s -conception of a “nigger’s place” is a mouthpiece for the entire South. -You might ask, Why is it that Mr. A. is on board of train No. 3, en route -for New Orleans, occupying a car with all the modern accommodations; -and Mr. B. on the same train, en route for the same place, having paid -the same fare, and occupying a car with split bottomed seats? Tobacco -juice and smoke have given it a new coat of painting and deathly odor. -Mr. A. puts his valise in Mr. B.’s car; smoke, whistle, dance, drink -intoxicants, and then return to his pleasant, modernly furnished car. The -answer would be, Mr. A. is white and Mr. B. is black, for this reason the -employees have assigned Mr. B. to an inferior car, in order that Mr. B. -may remain in a “nigger’s place.” - -Thirty-three years have passed since the gloomy clouds of slavery -banished, and made way for the negro to see his place—In the school room; -in the Legislature, Senate, Congress, Ministers to Republics, Registry -of Deeds, Registry of the Treasury, Law, Doctors, Ministers of the -Gospel, Bishopric, U. S. Chaplaincy, Editors, Authors, Merchants, and -Industry. Now let us see why is it that a dungeon is dug for a “nigger’s -place.” Certainly the negro has harmed no one. Not any more so than the -horse stolen from his master. The reason why the white man is at enmity -against the black man is, that the white man once owned the black man. -Millions of dollars were expended on the purchase of slaves when the war -of 1860-’65 began. The purchasers, it is claimed, had not then received -one-half expended on slavery. For this very cause the negro is regarded -as worthless property. The white boy has the example of thievishness and -slothfulness established by his parents. He is taught that swindling -his colored brother is the way his parents came in possession of their -wealth, and to work is taking the “nigger’s place.” - - - - -CHAPTER II. - -DISCRIMINATION. - - -The Jim Crow Car, as the negro’s first grievance relative to the Southern -railroad system, is obviously seen in the foregoing observation. There we -see that the matter of being separated from the white passenger “cuts no -figure,” but the very fact that colored passenger is robbed out of the -worth of his well earned money, is the direct reason why the victimized -colored passenger appeals to the conscience of those who have power and -influence to abolish his present outraged condition. - -To get the proper understanding of the cause of discrimination on -Southern railroad cars, let us read the following clippings from that -great Southern hero, statesman, and renowned Bishop H. M. Turner, D.D., -LL.D., D.C.L. From this, we hope to reach a definite conclusion as to -whether the fundamental course of discrimination can be suppressed by the -enactment of “law.” First of all the Civil Rights Bill is before us for -consideration. It has blinded the most studious and philanthropic men -and women within the British Empire, and the civilized world. Those who -meditate on the negro’s condition, and sympathize with his environment, -and who would attempt to assist him, are led to doubt some of the -current reports against the race, believing that the Civil Rights Bill -has imparted privileges to all men alike, and therefore the black man has -a right to make use of equal enjoyment of citizenship. - - THE CIVIL RIGHTS BILL, WHICH WAS DESTROYED BY THE UNITED STATES - SUPREME COURT. - - AN ACT to protect all citizens in their civil and legal rights. - - _Whereas_, It is essential to just government, we recognize the - equality of all men before the law, and hold that it is the - duty of government in its dealings with the people to mete out - equal and exact justice to all, of whatever nativity, race, - color or persuasion, religious or political; and it being the - appropriate object of legislation to enact great fundamental - principles into law; therefore, - - _Be it enacted by the Senate and House of Representatives of - the United States of America in Congress assembled_, That - all persons within the jurisdiction of the United States - shall be entitled to the full and equal enjoyment of the - accommodations, advantages, facilities, and privileges of - inns, public conveyances on land or water, theatres, and other - places of public amusement; subject only to the conditions - and limitations established by law, and applicable alike to - citizens of every race and color, regardless of any previous - condition of servitude. - - SEC. 2. That any person who shall violate the foregoing section - by denying to any citizen, except for reasons by law applicable - to citizens of every race and color, and regardless of any - previous condition of servitude, the full enjoyment of any - of the accommodations, advantages, facilities, or privileges - in said section enumerated, or by aiding or inciting such - denial, shall, for every such offence, forfeit and pay the - sum of five hundred dollars to the person aggrieved thereby, - to be recovered in an action of debt, with full costs; and - shall also, for every such offence, be deemed guilty of a - misdemeanor, and, upon conviction thereof, shall be fined not - less than five hundred nor more than one thousand dollars, or - shall be imprisoned not less than thirty days nor more than one - year; _provided_, that all persons may elect to sue for the - penalty aforesaid or to proceed under their rights at common - law and by State statutes; and having so elected to proceed in - the one mode or the other, their right to proceed in the other - jurisdiction shall be barred. But this proviso shall not apply - to criminal proceedings, either under this act or the criminal - law of any State; _and provided further_, that a judgment for - the penalty in favor of the party aggrieved, or a judgment - upon an indictment, shall be a bar to either prosecution - respectively. - - SEC. 3. That the district and circuit courts of the United - States shall have, exclusively of the courts of the several - States, cognizance of all crimes and offences against, and - violations of, the provisions of this act; and actions for - the penalty given by the preceding section may be prosecuted - in the territorial, district, or circuit courts of the United - States wherever the defendant may be found, without regard - to the other party; and the district attorneys, marshals, - and deputy marshals of the United States, and commissioners - appointed by the circuit and territorial courts of the United - States, with powers of arresting and imprisoning or bailing - offenders against laws of the United States, are hereby - specially authorized and required to institute proceedings - against every person who shall violate the provisions of this - act, and cause him to be arrested and imprisoned or bailed, - as the case may be, for trial before such court of the United - States, or territorial court, as by law has cognizance of the - offence except in respect of the right of action accruing to - the person aggrieved; and such district attorneys shall cause - such proceedings to be prosecuted to their termination as in - other cases; _provided_, that nothing contained in this section - shall be construed to deny or defeat any right of civil action - accruing to any person, whether by reason of this act or - otherwise; and any district attorney who shall wilfully fail to - institute and prosecute the proceedings herein required, shall, - for every such offence, forfeit and pay the sum of five hundred - dollars to the person aggrieved thereby, to be recovered by - an action of debt, with full costs, and shall, on conviction - thereof, be deemed guilty of a misdemeanor, and be fined not - less than one thousand nor more than five thousand dollars; - _and provided further_, that a judgment for the penalty - in favor of the party aggrieved against any such district - attorney, or a judgment upon an indictment against any such - district attorney, shall be a bar to either prosecution - respectively. - - SEC. 4. That no citizen possessing all other qualifications - which are or may be prescribed by law shall be disqualified - for service as grand or petit juror in any court of the United - States, or of any State, on account of race, color, or previous - condition of servitude; and any officer or other person, - charged with any duty in the selection or summoning of jurors, - who shall exclude or fail to summon any citizen for the cause - aforesaid shall, on conviction thereof, be deemed guilty of a - misdemeanor, and be fined not more than five thousand dollars. - - SEC. 5. That all cases arising under the provisions of this act - in the courts of the United States shall be reviewable by the - Supreme Court of the United States, without regard to the sum - in controversy, under the same provisions and regulations as - are now provided by law for the review of other causes in said - court. - - Approved March 1, 1875. - -The “Civil Rights Bill” comes secondary to the emancipation. The bands of -an unappalled monster, and disgrace upon a civilized nation, gave way for -a better hope for the colored race in 1865. The life and conduct of the -once bonded slave proved within a few years to be equal with his white -brethren, and far better than some of his worst oppressors. The general -characteristics of the negro, his rapid progress, devotion to his Church, -and loyalty to the United States Government, and able achievements in -war, demanded a Civil Rights Bill. When slavery, which was death to the -colored race, was abolished, the Civil Rights Bill gave them a remedy to -LIVE. The following will prove conclusively that the present state of -discrimination has not only hereditary origin, but also sanctioned by the -Supreme Court:— - - UNITED STATES SUPREME COURT REPORTS. - - VOL. 109. - - J. C. BANCROFT DAVIS, REPORTER. - - CIVIL RIGHTS CASES. - - Syllabus. Civil Rights Cases.—UNITED STATES _v._ STANLEY - (on Certificate of Division from the Circuit Court of the - United States for the District of Kansas)—UNITED STATES _v._ - RYAN (in Error to the Circuit Court of the United States for - the District of California)—UNITED STATES _v._ NICHOLS (on - Certificate of Division from the Circuit Court of the United - States for the Western District of Missouri)—UNITED STATES - _v._ SINGLETON (on Certificate of Division from the Circuit - Court of the United States for the Southern District of New - York)—ROBINSON AND WIFE _v._ MEMPHIS AND CHARLESTON RAILROAD - COMPANY (in Error to the Circuit Court of the United States for - the Western District of Tennessee). - - Submitted October Term, 1882.—Decided October 15, 1883. - - _Civil Rights—Constitution—District of Columbia—Inns—Places of - Amusement—Public Conveyances—Slavery—Territories._ - - 1. The 1st and 2nd sections of the Civil Rights Act passed - March 1st, 1875, are unconstitutional enactments as applied to - the several States, not being authorized either by the XIIIth - or XIVth Amendments of the Constitution. - - 2. The XIVth Amendment is prohibitory upon the States only, - and the legislation authorized to be adopted by Congress - for enforcing it is not _direct_ legislation on the matters - respecting which the States are prohibited from making or - enforcing certain laws, or doing certain acts, but it is - _corrective_ legislation, such as may be necessary or proper - for counteracting and redressing the effects of such laws or - acts. - - 3. The XIIIth Amendment relates to slavery and involuntary - servitude (which it abolishes); and although, by its reflex - action, it establishes universal freedom in the United States, - and Congress may probably pass laws directly enforcing its - provisions; yet such legislative power extends only to the - subject of slavery and its incidents; and the denial of equal - accommodations in inns, public conveyances and places of public - amusement (which is forbidden by the sections in question), - imposes no badge of slavery or involuntary servitude upon the - party, but at most, infringes rights which are protected from - State aggression by the XIVth Amendment. - - 4. Whether the accommodations and privileges sought to be - protected by the 1st and 2nd 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 is not now decided. - - 5. Nor is it decided whether the law as it stands is operative - in the Territories and District of Columbia: the decision only - relating to its validity as applied to States. - - 6. Nor is it decided 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. - -These cases were all founded on the first and second sections of the -Act of Congress, known as the Civil Rights Act, passed March 1st, -1875, entitled, “An Act to protect all citizens in their civil and -legal rights.” 18 Stat. 335. Two of the cases, those against Stanley -and Nichols, were indictments for denying to persons of color the -accommodations and privileges of an inn or hotel; two of them, those -against Ryan and Singleton, were, one on information, the other an -indictment, for denying to individuals the privileges and accommodations -of a theatre, the information against Ryan being for refusing a colored -person a seat in the dress circle of Maguire’s theatre in San Francisco; -and the indictment against Singleton was for denying to another person, -whose color was not stated, the full enjoyment of the accommodations of -the theatre known as the Grand Opera House in New York, “said denial -not being made for any reasons by law applicable to citizens of every -race and color, and regardless of any previous condition of servitude.” -The case of Robinson and wife against the Memphis and Charleston R. R. -Company, was an action brought in the Circuit Court of the United States -for the Western District of Tennessee, to recover the penalty of five -hundred dollars given by the second section of the act; and the gravamen -was the refusal by the conductor of the railroad company to allow the -wife to ride in the ladies’ car, for the reason, as stated in one of the -counts, that she was a person of African descent. The jury rendered a -verdict for the defendants in this case upon the merits, under a charge -of the court, to which a bill of exceptions was taken by the plaintiffs. -The case was tried on the assumption by both parties of the validity of -the act of Congress; and the principal point made by the exceptions was, -that the judge allowed evidence to go to the jury tending to show that -the conductor had reason to suspect that the plaintiff, the wife, was -an improper person, because she was in company with a young man whom he -supposed to be a white man, and on that account inferred that there was -some improper connection between them; and the judge charged the jury, -in substance, that if this was the conductor’s _bona fide_ reason for -excluding the woman from the car, they might take it into consideration -on the question of the liability of the company. The case was brought -here by writ of error at the suit of the plaintiffs. The cases of -Stanley, Nichols, and Singleton came up on certificates of division of -opinion between the judges below as to the constitutionality of the first -and second sections of the act referred to; and the case of Ryan, on a -writ of error to the judgment of the Circuit Court for the District of -California sustaining a demurrer to the information. - -The Stanley, Ryan, Nichols, and Singleton cases were submitted together -by the solicitor general at the last term of court, on the 7th day of -November, 1882. There were no appearances and no briefs filed for the -defendants. - -The Robinson case was submitted on the briefs at the last term, on the -29th day of March, 1883. - -_Mr. Solicitor General Phillips_ for the United States. - -After considering some objections in the forms of proceedings in the -different cases, the counsel reviewed the following decisions of the -court upon the Thirteenth and Fourteenth Amendments to the Constitution -and on points cognate thereto, viz.: _The Slaughter-House Cases_, 16 -Wall. 36; _Bradwell ~v.~ The State_, 16 Wall. 130; _Bartmeyer ~v.~ -Iowa_, 18 Wall. 129; _Minor ~v.~ Happersett_, 21 Wall. 162; _Walker_ -v. _Sauvinet_, 92 U. S. 90; _United States ~v.~ Reese_, 92 U. S. 214; -_Kennard ~v.~ Louisiana_, 92 U. S. 480; _United States ~v.~ Cruikshank_, -92 U. S. 542; _Munn ~v.~ Illinois_, 94 U. S. 113; _Chicago B. & C. R. R. -Co. ~v.~ Iowa_, 94 U. S. 155; _Blyew ~v.~ United States_, 13 Wall. 581; -_Railroad Co. ~v.~ Brown_, 17 Wall. 445; _Hall ~v.~ DeCuir_, 95 U. S. -485; _Strauder ~v.~ West Virginia_, 100 U. S. 303; _Ex parte Virginia_, -100 U. S. 339; _Missouri ~v.~ Lewis_, 101 U. S. 22; _Neal ~v.~ Delaware_, -103 U. S. 370. - -Upon the whole, these cases decide that, - -1. The Thirteenth Amendment forbids all sorts of involuntary personal -servitude except penal, as to all sorts of men, the word servitude -taking some color from the historical fact that the United States were -then engaged in dealing with African slavery, as well as from the -signification of the Fourteenth and Fifteenth Amendments, which must be -construed as _advancing_ constitutional rights previously existing. - -2. The Fourteenth Amendment expresses prohibitions (and consequently -implies corresponding positive immunities), _limiting State action -only_, including in such action, however, action by all State agencies -executive, legislative and judicial, of whatever degree. - -3. The Fourteenth Amendment warrants legislation by Congress punishing -violations of the immunities thereby secured when committed by agents of -States in discharge of ministerial functions. - -The right violated by Nichols, which is of the same class as that -violated by Stanley and by Hamilton, is the right of locomotion, -which Blackstone makes an element of personal liberty. Blackstone’s -Commentaries, Book I, ch. 1. - -In violation of this right, Nichols did not act in an exclusively private -capacity, but in one devoted to public use, and so affected with a -public, _i. e._, a State interest. This phrase will be recognized as -taken from the _Elevator Cases_ in 94 U. S., already cited. - -Restraint upon the right of locomotion was a well-known feature of the -slavery abolished by the Thirteenth Amendment. A first requisite of the -right to appropriate the use of another man was to become the master of -his natural power of motion, and by a mayhem therein of the common law to -require the whole community to be on the alert to restrain that power. -That this is not exaggeration is shown by the language of the court in -_Eaton ~v.~ Vaughan_, 9 Missouri, 734. - -Granting that by _involuntary servitude_, as prohibited in the Thirteenth -Amendment, is intended some _institution_, viz., custom, etc., of that -sort, and not primarily mere scattered trespasses against liberty -committed by private persons, yet, considering what must be the social -tendency in at least large parts of the country, it is “appropriate -legislation” against such an institution to forbid any action by private -persons which in the light of our history may reasonably be apprehended -to tend, on account of its being incidental to quasi public occupations, -to create an _institution_. - -Therefore the above act of 1875, in prohibiting persons from violating -the rights of other persons to the full and equal enjoyment of the -accommodations of inns and public conveyances, for any reason turning -merely upon the race or color of the latter, partakers of the specific -character of certain contemporaneous solemn and effective action by the -United States to which it was a sequel—and is constitutional. - -_Mr. William M. Randolph_ for Robinson and wife, plaintiffs in error. - -Where the constitution guarantees a right, Congress is empowered to -pass the legislation appropriate to give effect to that right. _Prigg_ -v. _Pennsylvania_, 16 Peters, 539; _Ableman ~v.~ Booth_, 21 How. 506; -_United States ~v.~ Reese_, 92 U. S. 214. - -Whether Mr. Robinson’s rights were created by the Constitution, or only -guaranteed by it, in either event the act of Congress, so far as it -protects them is within the Constitution. _Pensacola Telegraph Co. ~v.~ -Western Union Tel. Co._, 96 U. S. 1; _The Passenger Cases_, 7 Howard, -283; _Crandall ~v.~ Nevada_, 6 Wall. 35. - -In _Munn ~v.~ Illinois_, 94 U. S. 113 the following propositions were -affirmed: - -“Under the powers inherent in every sovereignty, a government may -regulate the conduct of its citizens toward each other, and, when -necessary for the public good, the manner in which each shall use his own -property.” - -“It has, in the exercise of these powers, been customary in England, from -time immemorial, and in this country from its first colonization, to -regulate ferries, common carriers, hackmen, bakers, millers, wharfingers, -innkeepers, etc.” - -“When the owner of a property devotes it to a use in which the public has -an interest, he in effect grants to the public an interest in such use, -and must, to the extent of that interest, submit to be controlled by the -public, for the common good, as long as he maintains the use.” - -Undoubtedly, if Congress could legislate on the subject at all, its -legislation, by the act of 1st March, 1875, was within the principles -thus announced. - -The penalty denounced by the statute is incurred by denying to any -citizen “the full enjoyment of any of the accommodations, advantages, -facilities or privileges” enumerated in the first section, and it is -wholly immaterial whether the citizen whose rights are denied him belongs -to one race or class or another, or is of one complexion or another. And -again, the penalty follows every denial of the full enjoyment of any -of the accommodations, advantages, facilities, or privileges, except -and unless the denial was “_for reasons by law_ applicable to citizens -of every race and color, and regardless of any previous condition of -servitude.” - -_Mr. William Y. C. Humes_ and _Mr. David Posten_ for the Memphis and -Charleston Railroad Co., defendants in error. - - -THE DECISION OF THE COURT. - -MR. JUSTICE BRADLEY delivered the opinion of the court. After stating the -facts in the above language, he continued: - -It is obvious that the primary and important question in all the cases -is the constitutionality of the law; for if the law is unconstitutional, -none of the prosecutions can stand. - -The sections of the law referred to provide as follows: - -“SEC. 1. That all persons within the jurisdiction of the United States -shall be entitled to the full and equal enjoyment of the accommodations, -advantages, facilities and privileges of inns, public conveyances on land -or water, theatres and other places of public amusement; subject only to -the conditions and limitations established by law, and applicable alike -to citizens of every race and color, regardless of any previous condition -of servitude. - -“SEC. 2. That any person who shall violate the foregoing section by -denying to any citizen, except for reasons by law applicable to citizens -of every race and color, and regardless of any previous condition of -servitude, the full enjoyment of any of the accommodations, advantages, -facilities or privileges in said section enumerated, or by aiding or -inciting such denial, shall for every such offence forfeit and pay -the sum of five hundred dollars to the person aggrieved thereby, to -be recovered in an action of debt, with full costs; and shall also, -for every such offence, be deemed guilty of a misdemeanor, and, upon -conviction thereof, shall be fined not less than five hundred nor more -than one thousand dollars, or shall be imprisoned not less than thirty -days nor more than one year: _Provided_, That all persons may elect to -sue for the penalty aforesaid, or to proceed under their rights at common -law and by State statutes; and having so elected to proceed in the one -mode or the other, their right to proceed in the other jurisdiction shall -be barred. But this provision shall not apply to criminal proceedings, -either under this act or the criminal law of any State; _And provided -further_, That a judgment for the penalty in favor of the party -aggrieved, or a judgment upon an indictment, shall be a bar to either -prosecution respectively.” - -Are these sections constitutional? The first section, which is the -principal one, cannot be fairly understood without attending to the last -clause, which qualifies the preceding part. - -The essence of the law is, not to declare broadly that all persons shall -be entitled to the full and equal enjoyment of the accommodations, -advantages, facilities and privileges of inns, public conveyances -and theatres; but that such enjoyment shall not be subject to any -conditions applicable only to citizens of a particular race or color, -or who had been in a previous condition of servitude. In other words, -it is the purpose of the law to declare that, in the enjoyment of the -accommodations and privileges of inns, public conveyances, theatres and -other places of public amusement, no distinction shall be made between -citizens of different race or color, or between those who have, and those -who have not, been slaves. Its effect is to declare, that in all inns, -public conveyances and places of amusement, colored citizens, whether -formerly slaves or not, and citizens of other races, shall have the same -accommodations and privileges in all inns, public conveyances and places -of amusement as are enjoyed by white citizens; and _vice versa_. The -second section makes it a penal offence in any person to deny to any -citizen of any race or color, regardless of previous servitude, any of -the accommodations or privileges mentioned in the first section. - -Has Congress constitutional power to make such a law? Of course, no one -will contend that the power to pass it was contained in the Constitution -before the adoption of the last three amendments. The power is sought, -first, in the Fourteenth Amendment, and the views and arguments of -distinguished Senators, advanced whilst the law was under consideration, -claiming authority to pass it by virtue of that amendment, are the -principal arguments adduced in favor of the power. We have carefully -considered those arguments, as was due to the eminent ability of those -who put them forward, and have felt, in all its force, the weight of -authority which always invests a law that Congress deems itself competent -to pass. But the responsibility of an independent judgment is now thrown -upon this court; and we are bound to exercise it according to the best -lights we have. - -The first section of the Fourteenth Amendment (which is the one relied -on), after declaring who shall be citizens of the United States, and of -the several States, is prohibitory in its character, and prohibitory upon -the States. It declares that: - -“No State shall make or enforce any law which shall abridge the -privileges or immunities of citizens of the United States; nor shall -any State deprive any person of life, liberty or property without due -process of law; nor deny to any person within its jurisdiction the equal -protection of the laws.” - -It is State action of a particular character that is prohibited. -Individual invasion of individual rights is not the subject-matter of -the amendment. It has a deeper and broader scope. It nullifies and makes -void all State legislation and State action of every kind which impairs -the privileges and immunities of citizens of the United States, or which -injures them in life, liberty or property without due process of law, or -which denies to any of them the equal protection of the laws. It not only -does this, but in order that the national will thus declared may not be a -mere _brutum fulmen_, the last section of the amendment invests Congress -with power to enforce it by appropriate legislation. To enforce what? To -enforce the prohibition. To adopt appropriate legislation for correcting -the effects of such prohibited State laws and State acts, and thus to -render them effectually null, void and innocuous. This is the legislative -power conferred upon Congress, and this is the whole of it. It does not -invest Congress with power to legislate upon subjects which are within -the domain of State legislation; but to provide modes of relief against -State legislation or State action of the kind referred to. It does not -authorize Congress to create a code of municipal law for the regulation -of private rights; but to provide modes of redress against the operation -of State laws, and the action of State officers, executive or judicial, -when these are subversive of the fundamental rights specified in the -amendment. Positive rights and privileges are undoubtedly secured by the -Fourteenth Amendment; but they are secured by way of prohibition against -State laws and State proceedings affecting those rights and privileges, -and by power given to Congress to legislate for the purpose of carrying -such prohibition into effect; and such legislation must necessarily -be predicated upon such supposed State laws or State proceedings, and -be directed to the correction of their operation and effect. A quite -full discussion of this aspect of the amendment may be found in _United -States ~v.~ Cruikshank_, 92 U. S. 542; _Virginia ~v.~ Rives_, 100 U. S. -313; and _Ex parte Virginia_, 100 U. S. 339. - -An apt illustration of this distinction may be found in some of the -provisions of the original Constitution. Take the subject of contracts, -for example. The Constitution prohibited the States from passing any law -impairing any obligation of contracts. This did not give to Congress -power to provide laws for the general enforcement of contracts, nor -power to invest the courts of the United States with jurisdiction over -contracts so as to enable parties to sue upon them in those courts. It -did, however, give the power to provide remedies by which the impairment -of contracts by State legislation might be counteracted and corrected; -and this power was exercised. The remedy which Congress actually provided -was that contained in the 25th section of the Judiciary Act of 1789, 1 -Stat. 85, giving to the Supreme Court of the United States jurisdiction -by writ of error to review the final decisions of State courts whenever -they should sustain the validity of a State statute or authority alleged -to be repugnant to the Constitution or laws of the United States. By this -means, if a State law was passed impairing the obligation of a contract, -and the State tribunals sustained the validity of the law, the mischief -could be corrected in this court. The legislation of Congress, and the -proceedings provided under it, were corrective in their character. No -attempt was made to draw into the United States courts the litigation of -contracts generally, and no such attempt would have been sustained. We do -not say that the remedy provided was the only one that might have been -provided in that case. Probably Congress had power to pass a law giving -to the courts of the United States direct jurisdiction over contracts -alleged to be impaired by a State law; and under the broad provisions of -the act of March 3rd, 1875, ch. 237, 18 Stat. 470, giving to the circuit -courts jurisdiction of all cases arising under the Constitution and laws -of the United States, it is possible that such jurisdiction now exists. -But under that, or any other law, it must appear as well by allegation, -as proof at the trial, that the Constitution had been violated by the -action of the State legislature. Some obnoxious State law passed, or -that might be passed, is necessary to be assumed in order to lay the -foundation of any federal remedy in the case, and for the very sufficient -reason, that the constitutional provision is against _State laws_ -impairing the obligation of contracts. - -And so in the present case, 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 Fourteenth -Amendment, no legislation of the United States under said amendment, -nor any proceeding under such legislation, can be called into activity, -for the prohibitions of the amendment are against State laws and acts -done under State authority. Of course, legislation may, and should be, -provided in advance to meet the exigency when it arises; but it should -be adapted to the mischief and wrong which the amendment was intended -to provide against, and that is State laws or State action of some -kind adverse to the rights of the citizen secured by the amendment. -Such legislation cannot properly cover the whole domain of rights -appertaining to life, liberty and property, defining them and providing -for their vindication. That would be to establish a code of municipal -law regulative of all private rights between man and man in society. It -would be to make Congress take the place of the State legislatures and to -supersede them. It is absurd to affirm that, because the rights of life, -liberty and property (which include all civil rights that men have) are -by the amendment sought to be protected against invasion on the part of -the State without due process of law, Congress may therefore provide due -process of law for their vindication in every case, and that, because -the denial by a State to any person of the equal protection of the laws -is prohibited by the amendment, therefore Congress may establish laws -for their equal protection. In fine, the legislation which Congress -is authorized to adopt in this behalf is not general legislation upon -the rights of the citizen, but corrective legislation, that is, such as -may be necessary and proper for counteracting such laws as the States -may adopt or enforce, and which, by the amendment, they are prohibited -from making or enforcing, or such acts and proceedings as the States may -commit or take, and which, by the amendment, they are prohibited from -committing or taking. It is not necessary for us to state, if we could, -what legislation would be proper for Congress to adopt. It is sufficient -for us to examine whether the law in question is of that character. - -An inspection of the law shows that it makes no reference whatever to -any supposed or apprehended violation of the Fourteenth Amendment on the -part of the States. It is not predicated on an such view. It proceeds _ex -directo_ to declare that certain acts committed by individuals shall be -deemed offences, and shall be prosecuted and punished by proceedings in -the courts of the United States. It does not profess to be corrective of -any constitutional wrong committed by the States; it does not make its -operation to depend upon any such wrong committed. It applies equally -to cases arising in States which have the justest laws respecting the -personal rights of citizens, and whose authorities are ever ready to -enforce such laws, as to those which arise in States that may have -violated the prohibition of the amendment. In other words, it steps into -the domain of local jurisprudence, and lays down rules for the conduct -of individuals in society towards each other, and imposes sanctions for -the enforcement of those rules without referring in any manner to any -supposed action of the State or its authorities. - -If this legislation is appropriate for enforcing the prohibitions of -the amendment, it is difficult to see where it is to stop. Why may -not Congress with equal show of authority enact a code of laws for -the enforcement and vindication of all rights of life, liberty and -property? If it is supposable that the States may deprive persons of -life, liberty and property without due process of law (and the amendment -itself does suppose this), why should not Congress proceed at once to -prescribe due process of law for the protection of every one of these -fundamental rights in every possible case, as well as to prescribe equal -privileges in inns, public conveyances and theatres? The truth is, that -the implication of a power to legislate in this manner is based upon -the assumption that if the States are forbidden to legislate or act -in a particular way on a particular subject, and power is conferred -upon Congress to enforce the prohibition, this gives Congress power to -legislate generally upon that subject, and not merely power to provide -modes of redress against such State legislation or action. The assumption -is certainly unsound. It is repugnant to the Tenth Amendment of the -Constitution, which declares that powers not delegated to the United -States by the Constitution, nor prohibited by it to the States, are -reserved to the States respectively or to the people. - -We have not overlooked the fact that the fourth section of the -act now under consideration has been held by this court to be -constitutional. That section declares “that no citizen, possessing all -other qualifications which are or may be prescribed by law, shall be -disqualified for service as grand or petit juror in any court of the -United States, or of any State, on account of race, color, or previous -condition of servitude; and any officer or other person charged with -any duty in the selection or summoning of jurors, who shall exclude or -fail to summon any citizen for the cause aforesaid, shall, on conviction -thereof, be deemed guilty of a misdemeanor, and be fined not more than -five thousand dollars.” In _Ex parte Virginia_, 100 U. S. 339, it was -held that an indictment against a State officer under this section for -excluding persons of color from the jury list is sustainable. But a -moment’s attention to its terms will show that the section is entirely -corrective in its character. Disqualifications for service on juries are -only created by the law, and the first part of the section is aimed at -certain disqualifying laws, namely, those which make mere race or color -a disqualification, and the second clause is directed against those -who, assuming to use the authority of the State government, carry into -effect such a rule of disqualification. In the Virginia case, the State -through its officer enforced a rule of disqualification which the law -was intended to abrogate and counteract. Whether the statute book of -the State actually laid down any such rule of disqualification or not, -the State through its officer enforced such a rule; and it is against -such State action through its officers and agents that the last clause of -the section is directed. This aspect of the law was deemed sufficient to -divest it of any unconstitutional character, and makes it differ widely -from the first and second sections of the same act which we are now -considering. - -These sections, in the objectionable features before referred to, are -different also from the law ordinarily called the “Civil Rights Bill,” -originally passed April 9, 1866, 14 Stat. 27, ch. 31, and re-enacted -with some modifications in sections 16, 17, 18, of the Enforcement Act -passed May 31st, 1870, 16 Stat. 140, ch. 114. That law, as re-enacted, -after declaring that all persons within the jurisdiction of the United -States shall have the same right in every State and Territory to make and -enforce contracts, to sue, be parties, give evidence, and to the full and -equal benefit of all laws and proceedings for the security of persons -and property as is enjoyed by white citizens, and shall be subject to -like punishment, pains, penalties, taxes, licenses and exactions of -every kind, and none other, any law, statute, ordinance, regulation -or custom to the contrary notwithstanding, proceeds to enact that any -person who, under color of any law, statute, ordinance, regulation or -custom, shall subject, or cause to be subjected, any inhabitant of any -State or Territory to the deprivation of any rights secured or protected -by the preceding section above quoted, or to different punishment, -pains or penalties on account of such person being an alien, or by -reason of his color or race, than is prescribed for the punishment of -citizens, shall be deemed guilty of a misdemeanor, and subject to fine -and imprisonment as specified in the act. This law is clearly corrective -in its character, intended to counteract and furnish redress against -State laws and proceedings and customs having the force of law which -sanction the wrongful acts specified. In the Revised Statutes, it is -true, a very important clause, to wit, the words “any law, statute, -ordinance, regulation or custom to the contrary notwithstanding,” which -gave the declaratory section its point and effect, are omitted; but the -penal part, by which the declaration is enforced, and which is really -the effective part of the law, retains the reference to state laws by -making the penalty apply only to those who should subject parties to -a deprivation of their rights under color of any statute, ordinance, -custom, etc., of any State or Territory, thus preserving the corrective -character of the legislation. Rev. St., §§ 1977, 1978, 1979, 5510. The -Civil Rights Bill here referred to is analogous in its character to -what a law would have been under the original Constitution, declaring -that the validity of contracts should not be impaired, and that if any -person bound by a contract should refuse to comply with it under color -or pretence that it had been rendered void or invalid by a State law, -he should be liable to an action upon it in the courts of the United -States, with the addition of a penalty for setting up such an unjust and -unconstitutional defence. - -In this connection it is proper to state that civil rights, such as -are guaranteed by the Constitution against State aggression, cannot -be impaired by the wrongful acts of individuals unsupported by State -authority in the shape of laws, customs, or judicial or executive -proceedings. The wrongful act of an individual, unsupported by any such -authority, is simply a private wrong, or a crime of that individual—an -invasion of the rights of the injured party, it is true, whether they -affect his person, his property or his reputation; but if not sanctioned -in some way by the State, or not done under State authority, his rights -remain in full force, and may presumably be vindicated by resort to the -laws of the State for redress. An individual cannot deprive a man of his -right to vote, to hold property, to buy and sell, to sue in the courts, -or to be a witness or juror; he may, by force or fraud, interfere with -the enjoyment of the right in a particular case; he may commit an assault -against the person, or commit murder, or use ruffian violence at the -polls, or slander the good name of a fellow-citizen; but unless protected -in these wrongful acts by some shield of State law or State authority, he -cannot destroy or injure the right; he will only render himself amenable -to satisfaction or punishment, and amenable therefor to the laws of the -State where the wrongful acts are committed. Hence in all of those cases -where the Constitution seeks to protect the rights of the citizen against -discriminative and unjust laws of the State by prohibiting such laws, it -is not individual offences, but abrogation and denial of rights which it -denounces, and for which it clothes the Congress with power to provide a -remedy. This abrogation and denial of rights, for which the States alone -were or could be responsible, was the great seminal and fundamental wrong -which was intended to be remedied. And the remedy to be provided must -necessarily be predicated upon that wrong. It must assume that in the -cases provided for the evil or wrong actually committed rests upon some -State law or State authority for its excuse and perpetration. - -Of course these remarks do not apply to those cases in which Congress -is clothed with direct and plenary powers of legislation over the whole -subject, accompanied with an express or implied denial of such power to -the States, as in the regulation of commerce with foreign nations, among -the several States, and with the Indian tribes, the coining of money, -the establishment of post offices and post roads, the declaring of war, -etc. In these cases Congress has power to pass laws for regulating the -subjects specified in every detail, and the conduct and transactions of -individuals in respect thereof. But where a subject is not submitted -to the general legislative power of Congress, but is only submitted -thereto for the purpose of rendering effective some prohibition against -particular State legislation or State action in reference to that -subject, the power given is limited by its object, and any legislation by -Congress in the matter must necessarily be corrective in its character, -adapted to counteract and redress the operation of such prohibited State -laws or proceedings of State officers. - -If the principles of interpretation which we have laid down are correct, -as we deem them to be (and they are in accord with the principles laid -down in the cases before referred to, as well as in the recent case of -_United States ~v.~ Harris_, 106 U. S. 629), it is clear that the law in -question cannot be sustained by any grant of legislative power made to -Congress by the Fourteenth Amendment. That amendment prohibits the States -from denying to any person the equal protection of the laws, and declares -that Congress shall have power to enforce, by appropriate legislation, -the provisions of the amendment. The law in question, without any -reference to adverse State legislation on the subject, declares that -all persons shall be entitled to equal accommodations and privileges of -inns, public conveyances and places of public amusement, and imposes a -penalty upon any individual who shall deny to any citizen such equal -accommodations and privileges. This is not corrective legislation; it is -primary and direct; it takes immediate and absolute possession of the -subject of the right of admission to inns, public conveyances and places -of amusement; it supersedes and displaces State legislation on the same -subject, or only allows it permissive force; it ignores such legislation, -and assumes that the matter is one that belongs to the domain of national -regulation. Whether it would not have been a more effective protection -of the rights of citizens to have clothed Congress with plenary power -over the whole subject is not now the question. What we have to decide -is, whether such plenary power has been conferred upon Congress by the -Fourteenth Amendment; and in our judgment it has not. - -We have discussed the question presented by the law on the assumption -that a right to enjoy equal accommodations and privileges in all inns, -public conveyances and places of public amusements, is one of the -essential rights of the citizen which no State can abridge or interfere -with. Whether it is such a right or not, is a different question which, -in the view we have taken of the validity of the law on the ground -already stated, it is not necessary to examine. - -We have also discussed the validity of the law in reference to cases -arising in the States only; and not in reference to cases arising in -the Territories or the District of Columbia, which are subject to the -plenary legislation of Congress in every branch of municipal regulation. -Whether the law would be a valid one as applied to the Territories and -the District is not a question for consideration in the cases before us; -they all being cases arising within the limits of States. And whether -Congress, in the exercise of its power to regulate commerce amongst the -several States, might or might not pass a law regulating rights in public -conveyances passing from one State to another, is also a question which -is not now before us, as the sections in question are not conceived in -any such view. - -But the power of Congress to adopt direct and primary, as distinguished -from corrective legislation, on the subject in hand, is sought, in the -second place, from the Thirteenth Amendment, which abolishes slavery. -This amendment declares “that neither slavery nor involuntary servitude, -except as a punishment for crime, whereof the party shall have been duly -convicted, shall exist within the United States, or any place subject to -their jurisdiction;” and it gives Congress power to enforce the amendment -by appropriate legislation. - -This amendment, as well as the Fourteenth, is undoubtedly self-executing -without any ancillary legislation, so far as its terms are applicable -to any existing state of circumstances. By its own unaided force and -effect it abolished slavery, and established universal freedom. Still, -legislation may be necessary and proper to meet all the various cases -and circumstances to be affected by it, and to prescribe proper modes -of redress for its violation in letter or spirit. And such legislation -may be primary and direct in its character; for the amendment is not a -mere prohibition of State laws establishing or upholding slavery, but -an absolute declaration that slavery or involuntary servitude shall not -exist in any part of the United States. - -It is true that slavery cannot exist without law, any more than property -in land and goods can exist without law: and, therefore, the Thirteenth -Amendment may be regarded as nullifying all State laws which establish -or uphold slavery. But it has a reflex character also, establishing -and decreeing universal civil and political freedom throughout the -United States; and it is assumed that the power vested in Congress to -enforce the article by appropriate legislation, clothes Congress with -power to pass all laws necessary and proper for abolishing all badges -and incidents of slavery in the United States; and upon this assumption -it is claimed that this is sufficient authority for declaring by law -that all persons shall have equal accommodations and privileges in all -inns, public conveyances and places of amusement; the argument being -that the denial of such equal accommodations and privileges is, in -itself, a subjection to a species of servitude within the meaning of the -amendment. Conceding the major proposition to be true, that Congress has -a right to enact all necessary and proper laws for the obliteration and -prevention of slavery with all its badges and incidents, is the minor -proposition also true, that the denial to any person of admission to the -accommodations and privileges of an inn, a public conveyance or a theatre -does subject that person to any form of servitude, or tend to fasten upon -him any badge of slavery? If it does not, then power to pass the law is -not found in the Thirteenth Amendment. - -In a very able and learned presentation of the cognate question, as -to the extent of the rights, privileges and immunities of citizens -which cannot rightfully be abridged by State laws under the Fourteenth -Amendment, made in a former case, a long list of burdens and disabilities -of a servile character incident to feudal vassalage in France, and which -were abolished by the decrees of the National Assembly, was presented -for the purpose of showing that all inequalities and observances exacted -by one man from another were servitudes, or badges of slavery, which a -great nation, in its effort to establish universal liberty, made haste -to wipe out and destroy. But these were servitudes imposed by the old -law, or by long custom, which had the force of law, and exacted by one -man from another without the latter’s consent. Should any such servitudes -be imposed by a State law, there can be no doubt that the law would be -repugnant to the Fourteenth, no less than to the Thirteenth Amendment; -nor any greater doubt that Congress has adequate power to forbid any such -servitude from being exacted. - -But is there any similarity between such servitudes and a denial by the -owner of an inn, a public conveyance or a theatre, of its accommodations -and privileges to an individual, even though the denial be founded on the -race or color of that individual? Where does any slavery or servitude, -or badge of either, arise from such an act of denial? Whether it might -not be a denial of a right which, if sanctioned by the State law, would -be obnoxious to the prohibitions of the Fourteenth Amendment is another -question. But what has it to do with the question of slavery? - -It may be that by the Black Code (as it was called), in the times when -slavery prevailed, the proprietors of inns and public conveyances were -forbidden to receive persons of the African race, because it might assist -slaves to escape from the control of their masters. This was merely -a means of preventing such escapes, and was no part of the servitude -itself. A law of that kind could not have any such object now, however -justly it might be deemed an invasion of the party’s legal right as a -citizen and amenable to the prohibitions of the Fourteenth Amendment. - -The long existence of African slavery in this country gave us very -distinct notions of what it was, and what were its necessary incidents. -Compulsory service of the slave for the benefit of the master, restraint -of his movements except by his master’s will, disability to hold -property, to make contracts, to have a standing in court, to be a -witness against a white person, and such like burdens and incapacities -were the inseparable incidents of the institution. Severer punishments -for crimes were imposed on the slave than on free persons guilty of the -same offences Congress, as we have seen, by the Civil Rights Bill of -1866, passed in view of the Thirteenth Amendment, before the Fourteenth -was adopted, undertook to wipe out these burdens and disabilities, the -necessary incidents of slavery, constituting its substance and visible -form; and to secure to all citizens of every race and color, without -regard to previous servitude, those fundamental rights which are the -essence of civil freedom, namely, the same right to make and enforce -contracts, to sue, be parties, give evidence, and to inherit, purchase, -lease, sell and convey property, as is enjoyed by white citizens. Whether -this legislation was fully authorized by the Thirteenth Amendment alone -without the support which it afterward received from the Fourteenth -Amendment, after the adoption of which it was re-enacted with some -additions, it is not necessary to enquire. It is referred to for the -purpose of showing that at that time (in 1866) Congress did not assume, -under the authority given by the Thirteenth Amendment, to adjust what -may be called the social rights of men and races in the community, but -only to declare and vindicate those fundamental rights which appertain -to the essence of citizenship, and the enjoyment or deprivation of which -constitutes the essential distinction between freedom and slavery. - -We must not forget that the province and scope of the Thirteenth and -Fourteenth Amendments are different; the former simply abolished slavery; -the latter prohibited the States from abridging the privileges or -immunities of citizens of the United States; from depriving them of life, -liberty or property without due process of law, and from denying to any -the equal protection of the laws. The amendments are different and the -powers of Congress under them are different. What Congress has power to -do under one, it may not have power to do under the other. Under the -Thirteenth Amendment, it has only to do with slavery and its incidents. -Under the Fourteenth Amendment, it has power to counteract and render -nugatory all State laws and proceedings which have the effect to abridge -any of the privileges or immunities of citizens of the United States, or -to deprive them of life, liberty or property without due process of law, -or to deny to any of them the equal protection of the laws. Under the -Thirteenth Amendment, the legislation, 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; under the Fourteenth, -as we have already shown, it must necessarily be, and can only be, -corrective in its character, addressed to counteract and afford relief -against State regulations or proceedings. - -The only question under the present head, therefore, is whether the -refusal to any persons of the accommodations of an inn, or a public -conveyance, or a place of public amusement, by an individual, and without -any sanction or support from the State law regulation, does inflict -upon such persons any manner of servitude, or form of slavery, as those -terms are understood in this country? Many wrongs may be obnoxious to -the prohibitions of the Fourteenth Amendment which are not, in any just -sense, incidents or elements of slavery. Such, for example, would be -the taking of private property without due process of law; or allowing -persons who have committed certain crimes (horse stealing for example) -to be seized and hung by the _posse comitatus_ without regular trial; -or denying to any person, or class of persons, the right to pursue any -peaceful avocations allowed to others. What is called class legislation -would belong to this category, and would be obnoxious to the prohibitions -of the Fourteenth Amendment, but would not necessarily be so to the -Thirteenth, when not involving the idea of any subjection of one man -to another. The Thirteenth Amendment has respect not to distinctions -of race, or class, or color, but to slavery. The Fourteenth Amendment -extends its protection to races and classes, and prohibits any State -legislation which has the effect of denying to any race or class, or to -any individual, the equal protection of the laws. - -Now, conceding, for the sake of the argument, that the admission to an -inn, a public conveyance or a place of public amusement, on equal terms -with all other citizens, is the right of every man and all classes of -men, is it any more than one of those rights which the States by the -Fourteenth Amendment are forbidden to deny to any person? And is the -Constitution violated until the denial of the right has some State -sanction or authority? Can the act of a mere individual, the owner of -the inn, the public conveyance or place of amusement, refusing the -accommodation, be justly regarded as imposing any badge of slavery or -servitude upon the applicant, or only as inflicting an ordinary civil -injury, properly, cognizable by the laws of the State, and presumably -subject to redress by those laws until the contrary appears? - -After giving to these questions all the consideration which their -importance demands, we are forced to the conclusion that such an act of -refusal has nothing to do with slavery or involuntary servitude, and -that if it is violative of any right of the party, his redress is to be -sought under the laws of the State; or if those laws are adverse to his -rights and do not protect him, his remedy will be found in the corrective -legislation which Congress has adopted, or may adopt for counteracting -the effect of State laws, or State action prohibited by the Fourteenth -Amendment. It would be running the slavery argument into the ground to -make it apply to every act of discrimination which a person may see fit -to make as to the guests he will entertain, or as to the people he will -take into his coach or cab or car, or admit to his concert or theatre, -or deal with in other matters of intercourse or business. Innkeepers -and public carriers, by the laws of all the States so far as we are -aware, are bound, to the extent of their facilities, to furnish proper -accommodation to all unobjectionable persons who in good faith apply for -them. If the laws themselves make any unjust discrimination, amenable to -the prohibitions of the Fourteenth Amendment, Congress has full power to -afford a remedy under that amendment and in accordance with it. - -When a man has emerged from slavery, and by the aid of beneficent -legislation has shaken off the inseparable concomitants of that state, -there must be some stage in the progress of his elevation when he takes -the rank of a mere citizen, and ceases to be the special favorite of the -laws, and when his rights as a citizen, or a man, are to be protected in -the ordinary modes by which other men’s rights are protected. There were -thousands of free colored people in this country before the abolition of -slavery, enjoying all the essential rights of life, liberty and property -the same as white citizens; yet no one, at that time, thought that it -was any invasion of his personal status as a freeman because he was not -admitted to all the privileges enjoyed by white citizens, or because he -was subjected to discriminations in the enjoyment of accommodations in -inns, public conveyances and places of amusement. Mere discriminations -on account of race or color were not regarded as badges of slavery. If, -since that time, the enjoyment of equal rights in all these respects has -become established by constitutional enactment, it is not by force of the -Thirteenth Amendment (which merely abolishes slavery), but by force of -the Thirteenth and Fifteenth Amendments. - -On the whole we are of opinion, that no countenance of authority for the -passage of the law in question can be found in either the Thirteenth -or Fourteenth Amendments of the Constitution; and no other ground of -authority for its passage being suggested, it must necessarily be -declared void, at least so far as its operation in the several States is -concerned. - -This conclusion disposes of the cases now under consideration. In the -cases of the _United States ~v.~ Michael Ryan_, and of _Richard A. -Robinson and wife ~v.~ The Memphis and Charleston Railroad Company_, -the judgment must be affirmed. In the other cases, the answer to be -given will be that the first and second sections of the act of Congress -of March 1st, 1875, entitled “An Act to protect all citizens in their -civil and legal rights,” are unconstitutional and void, and that -judgment should be rendered upon the several indictments in those cases -accordingly, - - _And it is so ordered_. - - -DISSENTING OPINION. - -MR. JUSTICE HARLAN dissenting. - -The opinion in these cases proceeds, it seems to me, upon grounds -entirely too narrow and artificial. I cannot resist the conclusion that -the substance and spirit of the recent amendments of the Constitution -have been sacrificed by a subtle and ingenius verbal criticism. “It is -not the words of the law, but the internal sense of it, that makes the -law: the letter of the law is the body; the sense and reason of the law -is the soul.” Constitutional provisions, adopted in the interest of -liberty, and for the purpose of securing, through national legislation, -if need be, rights inhering in a state of freedom, and belonging to -American citizenship, have been so construed as to defeat the ends the -people desired to accomplish, which they attempted to accomplish, and -which they supposed they had accomplished by changes in their fundamental -law. By this I do not mean that the determination of these cases should -have been materially controlled by considerations of mere expediency -or policy. I mean only in this form, to express an earnest conviction -that the court has departed from the familiar rule requiring, in the -interpretation of constitutional provisions, that full effect be given to -the intent with which they were adopted. - -The purpose of the first section of the Act of Congress of March 1, 1875, -was to prevent _race_ discrimination in respect of the accommodations and -facilities of inns, public conveyances and places of public amusement. -It does not assume to define the general conditions and limitations -under which inns, public conveyances and places of public amusement may -be conducted but only declares that such conditions and limitations, -whatever they may be, shall not be applied so as to work a discrimination -solely because of race, color or previous condition of servitude. The -second section provides a penalty against any one denying, or aiding or -inciting the denial, to any citizen, of that equality of right given by -the first section, except for reasons by law applicable to citizens of -every race or color and regardless of any previous condition of servitude. - -There seems to be no substantial difference between my brethren and -myself as to the purpose of Congress; for, they say that the essence of -the law is, not to declare broadly that all persons shall be entitled -to the full and equal enjoyment of the accommodations, advantages, -facilities and privileges of inns, public conveyances and theatres; but -that such enjoyment shall not be subject to conditions applicable only -to citizens of a particular race or color, or who had been in a previous -condition of servitude. The effect of the statute, the court says, is, -that colored citizens, whether formerly slaves or not, and citizens of -other races, shall have the same accommodations and privileges in all -inns, public conveyances and places of amusement as are enjoyed by white -persons; and _vice versa_. - -The court adjudges, I think erroneously, that Congress is without power, -under either the Thirteenth or Fourteenth Amendments, to establish such -regulations, and that the first and second sections of the statute are, -in all their parts, unconstitutional and void. - -Whether the legislative department of the government has transcended the -limits of its constitutional powers, “is at all times,” said the court -in _Fletcher ~v.~ Peck_, 6 Cr. 128, “a question of much delicacy, which -ought seldom, if ever, to be decided in the affirmative, in a doubtful -case.... The opposition between the Constitution and the law should -be such that the judge feels a clear and strong conviction of their -incompatibility with each other.” More recently in _Sinking Fund Cases_, -99 U. S., 718, we said: “It is our duty when required in the regular -course of judicial proceedings, to declare an Act of Congress void if not -within the legislative power of the United States; but this declaration -should never be made except in a clear case. Every possible presumption -is in favor of the validity of a statute, and this continues until the -contrary is shown beyond a rational doubt. One branch of the government -cannot encroach on the domain of another without danger. The safety of -our institutions depends in no small degree on a strict observance of -this salutary rule.” - -Before considering the language and scope of these amendments, it will -be proper to recall the relations subsisting, prior to their adoption, -between the national government and the institution of slavery, as -indicated by the provisions of the Constitution, the legislation of -Congress, and the decisions of this court. In this mode we may obtain -keys with which to open the mind of the people, and discover the thought -intended to be expressed. - -In section 2 of article IV. of the Constitution it was provided that “no -person held to service or labor in one State, under the laws thereof, -escaping into another, shall, in consequence of any law or regulation -therein, be discharged from such service or labor, but shall be delivered -up on claim of the party to whom such service or labor may be due.” Under -authority of this clause Congress passed the Fugitive Slave Law of 1793, -establishing a mode for the recovery of fugitive slaves, and prescribing -a penalty against any person who should knowingly and willingly obstruct -or hinder the master, his agent, or attorney, in seizing, and recovering -the fugitive, or who should rescue the fugitive from him, or who should -harbor or conceal the slave after notice that he was a fugitive. - -In _Prigg ~v.~ Commonwealth of Pennsylvania_, 16 Pet. 539, this court -had occasion to define the powers and duties of Congress in reference to -fugitives from labor. Speaking by MR. JUSTICE STORY, it laid down these -propositions: - -That a clause of the Constitution conferring a right should not be so -construed as to make it shadowy, or unsubstantial, or leave the citizen -without a remedial power adequate for its protection, when another -construction equally accordant with the words and the sense in which they -were used, would enforce and protect the right granted: - -That Congress is not restricted to legislation for the execution of its -expressly granted powers; but for the protection of rights guaranteed by -the Constitution, may employ such means, not prohibited, as are necessary -and proper, or such as are appropriate, to attain the ends proposed: - -That the Constitution recognized the master’s right of property in his -fugitive slave, and, as incidental thereto, the right of seizing and -recovering him, regardless of any State law, or regulation, or local -custom whatsoever; and, - -That the right of the master to have his slave, thus escaping, delivered -up on claim, being guaranteed by the Constitution, the fair implication -was that the national government was clothed with appropriate authority -and functions to enforce it. - -The court said: “The fundamental principle, applicable to all cases of -this sort, would seem to be that when the end is required the means -are given, and when the duty is enjoined the ability to perform it is -contemplated to exist on the part of the functionary to whom it is -entrusted.” Again: “It would be a strange anomaly and forced construction -to suppose that the national government meant to rely for the due -fulfillment of its own proper duties, and the rights which it intended -to secure, upon state legislation, and not upon that of the Union. _A -fortiori_, it would be more objectionable to suppose that a power which -was to be the same throughout the Union, should be confided to State -sovereignty which could not rightfully act beyond its own territorial -limits.” - -The act of 1793 was, upon these grounds, adjudged to be a constitutional -exercise of the powers of Congress. - -It is to be observed from the report of Prigg’s case that Pennsylvania, -by her attorney-general, pressed the argument that the obligation -to surrender fugitive slaves was on the States and for the States, -subject to the restriction that they should not pass laws or establish -regulations liberating such fugitives; that the Constitution did not -take from the States the right to determine the status of all persons -within their respective jurisdictions; that it was for the State in -which the alleged fugitive was found to determine, through her courts -or in such modes as she prescribed, whether the person arrested was, in -fact, a freeman or a fugitive slave; that the sole power of the general -government in the premises was, by judicial instrumentality, to restrain -and correct, not to forbid and prevent in the absence of hostile State -action; and that for the general government to assume primary authority -to legislate on the subject of fugitive slaves, to the exclusion of the -States, would be a dangerous encroachment on State sovereignty. But to -such suggestions this court turned a deaf ear, and adjudged that primary -legislation by Congress to enforce the master’s right was authorized by -the Constitution. - -We next come to the Fugitive Slave Act of 1850, the constitutionality -of which rested, as did that of 1793, solely upon the implied power of -Congress to enforce the master’s rights. The provisions of that act were -far in advance of previous legislation. They placed at the disposal of -the master seeking to recover his fugitive slave, substantially the whole -power of the nation. It invested commissioners, appointed under the act, -with power to summon the _posse comitatus_ for the enforcement of its -provisions, and commanded all good citizens to assist in its prompt and -efficient execution whenever their services were required as part of the -_posse comitatus_. Without going into the details of that act, it is -sufficient to say that Congress omitted from it nothing which the utmost -ingenuity could suggest as essential to the successful enforcement of -the master’s claim to recover his fugitive slave. And this court, in -_Ableman ~v.~ Booth_, 21 How. 506, adjudged it to be “in all of its -provisions fully authorized by the Constitution of the United States.” - -The only other case, prior to the adoption of the recent amendments, -to which reference will be made, is that of _Dred Scott ~v.~ Sanford_, -19 How, 399. That case was instituted in a circuit court of the United -States by Dred Scott, claiming to be a citizen of Missouri, the defendant -being a citizen of another State. Its object was to assert the title of -himself and family to freedom. The defendant pleaded in abatement that -Scott—being of African descent, whose ancestors, of pure African blood, -were brought into this country and sold as slaves—was not a _citizen_. -The only matter in issue, said the court, was whether the descendants of -slaves thus imported and sold, when they should be emancipated, or who -were born of parents who had become free before their birth, are citizens -of a State in the sense in which the word “citizen” is used in the -Constitution of the United States. - -In determining that question the court instituted an inquiry as to who -were citizens of the several States at the adoption of the Constitution, -and who, at that time, were recognized as the people whose rights and -liberties had been violated by the British Government. The result was a -declaration, by this court, speaking by Chief Justice Taney, that the -legislation and histories of the times, and the language used in the -Declaration of Independence, showed “that neither the class of persons -who had been imported as slaves, nor their descendants, whether they had -become free or not, were then acknowledged as a part of the people, nor -intended to be included in the general words used in that instrument;” -that “they had for more than a century before been regarded as beings of -an inferior race, and altogether unfit to associate with the white race, -either in social or political relations, and so far inferior that they -had no rights which the white man was bound to respect, and that the -negro might justly and lawfully be reduced to slavery for his benefit -that he was “bought and sold, and treated as an ordinary article of -merchandise and traffic, whenever a profit could be made by it;” and, -that “this opinion was at that time fixed and universal in the civilized -portion of the white race. It was regarded as an axiom in morals as well -as in politics, which no one thought of disputing, or supposed to be open -to dispute; and men in every grade and position in society daily and -habitually acted upon it in their private pursuits, as well as in matters -of public concern, without for a moment doubting the correctness of this -opinion.” - -The judgment of the court was that the words “people of the United -States” and “citizens” meant the same thing, both describing “the -political body who, according to our republican institutions, form the -sovereignty and hold the power and conduct the government through their -representatives;” that “they are what we familiarly call the ‘sovereign -people,’ and ‘every citizen is one of this people and a constituent -member of this sovereignty;’” but, that the class of persons described in -the plea in abatement did not compose a portion of this people, were not -“included and were not intended to be included under the word ‘citizens’ -in the Constitution;’” that, therefore, they could “claim none of the -rights and privileges which that instrument provides for and secures to -citizens of the United States;” that, “on the contrary, they were at that -time considered as a subordinate and inferior class of beings, who had -been subjugated by the dominant race, and, whether emancipated or not, -yet remained subject to their authority, and had no rights or privileges -but such as those who held the power and the government might choose to -grant them.” - -Such were the relations which formerly existed between the government, -whether national or State, and the descendants, whether free or in -bondage, of those of African blood, who had been imported into this -country and sold as slaves. - -The first section of the Thirteenth Amendment provides that “neither -slavery nor involuntary servitude, except as a punishment for crime, -whereof the party shall have been duly convicted, shall exist within the -United States, or any place subject to their jurisdiction.” Its second -section declares that “Congress shall have power to enforce this article -by appropriate legislation.” This amendment was followed by the Civil -Rights Act of April 9, 1866, which, among other things, provided that -“all persons born in the United States, and not subject to any foreign -power, excluding Indians not taxed, and hereby declared to be citizens -of the United States.” 14 Stat. 27. The power of Congress, in this mode, -to elevate the enfranchised race to national citizenship, was maintained -by the supporters of the act of 1886 to be as full and complete as its -power, by general statute, to make the children, being of full age, -of persons naturalized in this country, citizens of the United States -without going through the process of naturalization. The act of 1866, in -this respect was also likened to that of 1843, in which Congress declared -“that the Stockbridge tribe of Indians, and each and every one of them, -shall be deemed to be and are hereby declared to be, citizens of the -United States to all intents and purposes, and shall be entitled to all -the rights, privileges, and immunities of such citizens, and shall in all -respects be subject to the laws of the United States.” If the act of 1866 -was valid in conferring national citizenship upon all embraced by its -terms, then the colored race, enfranchised by the Thirteenth Amendment, -became citizens of the United States prior to the adoption of the -Fourteenth Amendment. But, in the view which I take of the present case, -it is not necessary to examine this question. - -The terms of the Thirteenth Amendment are absolute and universal. They -embrace every race which then was, or might thereafter be, within the -United States. No race, as such, can be excluded from the benefits -or rights thereby conferred. Yet, it is historically true that that -amendment was suggested by the condition, in this country, of that race -which had been declared, by this court, to have had—according to the -opinion entertained by the most civilized portion of the white race, at -the time of the adoption of the Constitution—“no rights which the white -man was bound to respect,” none of the privileges or immunities secured -by that instrument to citizens of the United States. It had reference, -in a peculiar sense, to a people which (although the larger part of them -were in slavery) had been invited by an act of Congress to aid in saving -from overthrow a government which theretofore, by all of its departments, -had treated them as an inferior race, with no legal rights or privileges, -except such as the white race might choose to grant them. - -These are the circumstances under which the Thirteenth Amendment was -proposed for adoption. They are now recalled only that we may better -understand what was in the minds of the people when that amendment was -considered, and what were the mischiefs to be remedied and the grievances -to be redressed by its adoption. - -We have seen that the power of Congress, by legislation, to enforce the -master’s right to have his slave delivered up on claim was _implied_ -from the recognition of that right in the national Constitution. But -the power conferred by the Thirteenth Amendment does not rest upon -implication or inference. Those who framed it were ignorant of the -discussion, covering many years of our country’s history, as to the -constitutional power of Congress to enact the Fugitive Slave Laws of -1793 and 1850. When, therefore, it was determined, by a change in the -fundamental law, to uproot the institution of slavery wherever it -existed in the land, and to establish universal freedom, there was a -fixed purpose to place the authority of Congress in the premise; beyond -the possibility of a doubt. Therefore, _ex industria_, power to enforce -the Thirteenth Amendment, by appropriate legislation, was expressly -granted. Legislation for that purpose, my brethren concede, may be direct -and primary. But to what specific ends may it be directed? This court -has uniformly held that the national government has the power, whether -expressly given or not, to secure and protect rights conferred or granted -by the Constitution. _United States ~v.~ Reese_, 92 U. S. 214; _Strauder_ -v. _West Virginia_, 100 U. S. 303. That doctrine ought not now to be -abandoned when the inquiry is not as to an implied power to protect the -master’s rights, but what may Congress, under powers expressly granted, -do for the protection of freedom and the rights necessarily inhering in a -state of freedom. - -The Thirteenth Amendment, it is conceded, did something more than to -prohibit slavery as an _institution_, resting upon distinction of race, -and upheld by positive law. My brethren admit that it established and -decreed universal _civil freedom_ throughout the United States. But did -the freedom thus established involve nothing more than exemption from -actual slavery? Was nothing more intended than to forbid one man from -owning another as property? Was it the purpose of the nation simply -to destroy the institution, and then remit the race, theretofore held -in bondage, to the several States for such protection, in their civil -rights, necessarily growing out of freedom, as those states in their -discretion, might choose to provide? Were the States against whose -protest the institution was destroyed, to be left free, as far as -national interference was concerned, to make or allow discriminations -against that race, as such, in the enjoyment of those fundamental rights -which by universal concession, inhere in a state of freedom? Had the -Thirteenth Amendment stopped with the sweeping declaration, in its first -section, against the existence of slavery and involuntary servitude, -except for crime, Congress would have had the power, by implication, -according to the doctrine of _Prigg ~v.~ Commonwealth of Pennsylvania_, -repeated in _Strauder ~v.~ West Virginia_, to protect the freedom -established, and consequently, to secure the enjoyment of such civil -rights as were fundamental in freedom. That it can exert its authority -to that extent is made clear, and was intended to be made clear, by the -express grant of power contained in the second section of the Amendment. - -That there are burdens and disabilities which constitute badges of -slavery and servitude, and that the power to enforce by appropriate -legislation the Thirteenth Amendment may be exerted by legislation of -a direct and primary character, for the eradication, not simply of -the institution, but of its badges and incidents, are propositions -which ought to be deemed indisputable. They lie at the foundation of -the Civil Rights Act of 1866. Whether that act was authorized by the -Thirteenth Amendment alone, without the support which it subsequently -received from the Fourteenth Amendment, after the adoption of which -it was re-enacted with some additions, my brethren do not consider it -necessary, to inquire. But I submit, with all respect to them, that its -constitutionality is conclusively shown by their opinion. They admit, -as I have said, that the Thirteenth Amendment established freedom; that -there are burdens and disabilities, the necessary incidents of slavery, -which constitute its substance and visible form; that Congress, by -the act of 1866, passed in view of the Thirteenth Amendment, before -the Fourteenth was adopted, undertook to remove certain burdens and -disabilities, the necessary incidents of slavery, and to secure to -all citizens of every race and color, and without regard to previous -servitude, those fundamental rights which are the essence of civil -freedom, namely, the same right to make and enforce contracts, to -sue, be parties, give evidence, and to inherit, purchase, lease, sell -and convey property as is enjoyed by white citizens; that under the -Thirteenth Amendment, Congress has to do with slavery and its incidents; -and that legislation, 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. These propositions being conceded, it is -impossible, as it seems to me, to question the constitutional validity -of the Civil Rights Act of 1866. I do not contend that the Thirteenth -Amendment vests Congress with authority, by legislation, to define and -regulate the entire body of the civil rights which citizens enjoy, or -may enjoy, in the several States. But I hold that since slavery, as the -court has repeatedly declared, _Slaughter-house Cases_. 16 Wall. 36; -_Strauder ~v.~ West Virginia_, 100 U. S. 303, was the moving or principal -cause of the adoption of that amendment, and since that institution -rested wholly upon the inferiority as a race, of those held in bondage, -their freedom necessarily involved immunity from, and protection against -all discrimination against them _because of their race_, in respect -of such civil rights as belong to freemen of other races. Congress, -therefore, under its express power to enforce that amendment by -appropriate legislation, may enact laws to protect that people against -the deprivation, _because of their race_, of any civil rights granted to -other freemen in the same State; and such legislation may be of a direct -and primary character, operating upon States, their officers and agents, -and, also, upon, at least, such individuals and corporations as exercise -public functions and wield power and authority under the State. - -To test the correctness of this position, let us suppose that, prior -to the adoption of the Fourteenth Amendment, a State had passed a -statute denying to freemen of African descent, resident within its -limits, the same right which was accorded to white persons, of making -and enforcing contracts, and of inheriting, purchasing, leasing, selling -and conveying property; or a statute subjecting colored people to -severer punishment for particular offences than was prescribed for white -persons, or excluding that race from the benefit of the laws exempting -homesteads from execution. Recall the legislation of 1865-6 in some of -the States, of which this court, in the _Slaughter-house Cases_, said, -that it imposed upon the colored race onerous disabilities and burdens; -curtailed their rights in the pursuits of life, liberty and property -to such an extent that their freedom was of little value; forbade them -to appear in the towns in any other character than menial servants; -required them to reside on and cultivate the soil, without the right to -purchase or own it; excluded them from many occupations of gain, and -denied them the privilege of giving testimony in the courts where a -white man was a party. 16 Wall. 57. Can there be any doubt that all such -enactments might have been reached by direct legislation upon the part -of Congress under its express power to enforce the Thirteenth Amendment? -Would any court have hesitated to declare that such legislation imposed -badges of servitude in conflict with the civil freedom ordained by that -amendment? That it would have been in conflict with the Fourteenth -Amendment, because inconsistent with the fundamental rights of American -citizenship, does not prove that it would have been consistent with the -Thirteenth Amendment. - -What has been said is sufficient to show that the power of Congress under -the Thirteenth Amendment is not necessarily restricted to legislation -against slavery as an institution upheld by positive law, but may be -exerted to the extent, at least, of protecting the liberated race against -discrimination in respect of legal rights belonging to freemen, where -such discrimination is based upon race. - -It remains now to inquire what are the legal rights of colored persons -in respect of the accommodations, privileges and facilities of public -conveyances, inns and places of public amusement? - -_First_, as to public conveyances on land and water. In _New Jersey Steam -Navigation Co. ~v.~ Merchants’ Bank_, 6 How. 344, this court, speaking -by Mr. Justice Nelson, said that a common carrier is “in the exercise of -a sort of public office, and has public duties to perform, from which he -should not be permitted to exonerate himself without the assent of the -parties concerned.” To the same effect is _Munn ~v.~ Illinois_, 94 U. -S. 113. In _Olcott ~v.~ Supervisors_, 16 Wall. 678, it was ruled that -railroads are public highways, established by authority of the State -for public use; that they are none the less public highways, because -controlled and owned by private corporations; that it is a part of the -function of government to make and maintain highways for the convenience -of the public; that no matter who is the agent, or what is the agency, -the function performed is _that of the State_; that although the owners -may be private companies, they may be compelled to permit the public to -use these works in the manner in which they can be used; that, upon these -grounds alone, have the courts sustained the investiture of railroad -corporations with the State’s right of eminent domain, or the right of -municipal corporations, under legislative authority, to assess, levy and -collect taxes to aid in the construction of railroads. So in _Township -of Queensbury ~v.~ Culver_, 19 Wall. 83, it was said that a municipal -subscription of railroad stock was in aid of the construction and -maintenance of a public highway, and for the promotion of a public use. -Again, in _Township of Pine Grove ~v.~ Talcott_, 19 Wall. 666: “Though -the corporation [railroad] was private, its work was public, as much -so as if it were to be constructed by the State.” To the like effect -are numerous adjudications in this and the State courts with which the -profession is familiar, The Supreme Judicial Court of Massachusetts, in -_Inhabitants of Worcester ~v.~ The Western R. R. Corporation_, 4 Met. -564, said in reference to a railroad: - -“The establishment of that great thoroughfare is regarded as a public -work, established by public authority, intended for the public use -and benefit, the use of which is secured to the whole community, and -constitutes, therefore, like a canal, turn-pike, or highway, a public -easement.... It is true that the real and personal property, necessary -to the establishment and management of the railroad, is vested in the -corporation; but it is in trust for the public.” In _Erie, etc., R. -R. Co. ~v.~ Casey_, 26 Penn St. 287, the court, referring to an act -repealing the charter of a railroad, and under which the State took -possession of the road, said: “It is a public highway, solemnly devoted -to public use. When the lands were taken it was for such use, or they -could not have been taken at all.... Railroads established upon land -taken by the right of eminent domain by authority of the commonwealth, -created by her laws as thorough-fares for commerce, are her highways. No -corporation has property in them, though it may have franchises annexed -to and exercisable within them.” - -In many courts it has been held that because of the public interest in -such a corporation the land of a railroad company cannot be levied on -and sold under execution by a creditor. The sum of the adjudged cases is -that a railroad corporation is a government agency, created primarily for -public purposes, and subject to be controlled for the public benefit. -Upon this ground the State, when unfettered by contract, may regulate, -in its discretion, the rates of fares of passengers and freight. And -upon this ground, too, the State may regulate the entire management -of railroads in all matters affecting the convenience and safety of -the public; as, for example, by regulating speed, compelling stops of -prescribed length at stations, and prohibiting discriminations and -favoritism. If the corporation neglect or refuse to discharge its duties -to the public, it may be coerced to do so by appropriate proceedings in -the name or in behalf of the State. - -Such being the relations these corporations hold to the public, it -would seem that the right of a colored person to use an improved public -highway, upon the terms accorded to freemen of other races, is as -fundamental, in the state of freedom established in this country, as are -any of the rights which my brethren conceive to be so far fundamental as -to be deemed the essence of civil freedom. “Personal liberty consists,” -says Blackstone, “in the power of locomotion, of changing situation, -or removing one’s person to whatever places one’s own inclination may -direct, without restraint, unless by due course of law.” But of what -value is this right of locomotion, if it may be clogged by such burdens -as Congress intended by the act of 1875 to remove? They are burdens which -lay at the very foundation of the institution of slavery as it once -existed. They are not to be sustained, except upon the assumption that -there is, in this land of universal liberty, a class which may still -be discriminated against, even in respect of rights of a character so -necessary and supreme, that deprived of their employment in common with -others, a freeman is not only branded as one inferior and infected, but, -in the competitions of life, is robbed of some of the most essential -means of existence; and all this solely because they belong to a -particular race which the nation has liberated. The Thirteenth Amendment -alone obliterated the race line, so far as all rights fundamental in a -state of freedom are concerned. - -_Second_, as to inns. The same general observations which have been made -as to railroads are applicable to inns. The word ‘inn’ has a technical -legal signification. It means, in the act of 1875, just what it meant -at common law. A mere private boarding-house is not an inn, nor is its -keeper subject to the responsibilities, or entitled to the privileges of -a common innkeeper. “To constitute one an innkeeper, within the legal -force of that term, he must keep a house of entertainment or lodging for -all travelers or wayfarers who might choose to accept the same, being of -good character or conduct.” Redfield on Carriers, etc., § 775. - -The United States Government is divided into three co-ordinate -departments:—(1) Legislative, (2) Executive, (3) Judiciary. These -departments are an obscure deception to the negro. These departments -are upheld and supported by 8,000,000 black people, and scarcely one -escapes the dreadful discrimination which in all cases means respectable -accommodation for the white man and disrespectable accommodation for the -black man. - - -SALUS-POPULI-SUPRE MA-EST-LEX. - -When the welfare of a race is evinced in the supreme law of the nation, -and that law disfranchises that race, then where shall the race appeal. -Certainly the colored race has appealed to Almighty God, to whom may -glory and praise be given for ever. As Abraham Lincoln was instrumental -in bringing about freedom of the black race, so will the Almighty plant -within the hearts of such heroes as John Brown and Fred. Douglas a seed -of right, and it will grow and ultimately overshadow the wrong. It is -noticeable that the evil forces rush on the negro with one accord: that -is, all the leaders of the American Government apparently have secret -consultation as to the treatment of a black man. Even merchants, hotel -men, livery stable men, news men, and train men, all drift conjointly -against the negro to uphold their own affairs, and especially do the -colored man out of his rights and earnings. The following clipping from -a Decatur daily newspaper will serve readily in support of the foregoing -statement:— - - -UNDER THE CIVIL RIGHTS BILL. - -“Nay Boggess was in Blue Mound yesterday to prosecute a case where J. C. -Coleman sues to recover $200 damages from Landlord Blair. Coleman is a -negro and declares that he was denied entertainment at Blair’s hostelry. -The case was to have been heard yesterday before Justice Tidd, but -Coleman telegraphed from McLean county that he was detained there by the -illness of his wife, and on this plea the case was continued until Monday -next. It is likely that the case will be dismissed at Blue Mound and be -re-instituted in the circuit court.” - -The above article appeared in one of the Decatur, Ill., daily leading -newspapers in the summer of 1894. The editorial staff no doubt were -aware of the procedure and termination of all such cases, otherwise -the prediction that the “case would be dismissed in Blue Mound and -re-instituted in the circuit court,” could not have been so frankly -and authentically announced. The numerous disappointments attending my -struggle to obtain justice in this case are so multitudinous space cannot -just here be allotted for further explanation. Some incidents connected -with the travel during the summer of 1894 in the “great” State of -Illinois are of praiseworthy importance to the reader on other pages. - - - - -CHAPTER II - -IMPOSITION. - - -It may be conceded that the observations are synonymous, in that they -express the sum and substance of the first observation under the caption -INJUSTICE. In the preceding chapter we have brought out clearly the -Discriminating elements. The imposing forces expand as fast as the white -population increases in the Southern States, and has developed into many -Northern “quarters.” The great, the small, the rich and the poor, the -high and the low, white persons, all have their way of bantering their -colored brother. As a rule young white men and young colored men are at -variance with each other. The same may be said of young white and colored -women. The “whites” of both sexes avoid politeness with the colored to -show their superiority. Children are innocent. The poor boy, whose father -is the servant of a millionaire, can usually find room in the play yard -of the millionaire’s children; but this is not so in the case of the -white and colored boy. The white boy early learns that the colored boy -must eat last, drink last, pass through the gate last, and have the last -choice of the toys. - -One of the most singular and inhuman habits the American white people -possess, is that of shirking the colored people during luncheon. Their -colored cook may have handled and even partaken of every piece in the -dish; but the most refined, decent—lady or gentleman alike—colored person -is extremely abhorred and debarred on this occasion. We note these facts -as local condition of affairs. - -The general Imposition on the colored race are—(1) Lynching, (2) Discount -in wages, and (3) Immoral conduct with colored women. Before beginning -to elucidate these points, it is well to determine whether the black -man is worthy of any defence in this direction—is he qualified for a -neighbor? or does he intrude on the rights of the Government, or on the -municipal rights, or on individual rights? is he a subject of charity, -as many other foreign nationalities? These vital considerations and most -important questions are answered to some extent in the following clipping -from the Chicago _Inter-Ocean_, June 26, 1894:— - - “ONLY 46 OUT OF 4,200. - - “Some interesting statistics have been furnished by the - secretary of the School Children’s Aid Society relative to the - work done during the winter of 1893-94. As is generally known, - the society is an outgrowth and under the direct patronage of - the Chicago Women’s Club. It was organized after the enactment - of the compulsory education law of Illinois for the purpose - of clothing the children of the poor who otherwise would be - able to attend school. The past season will long be remembered - as one of unusual suffering, and the society expended a sum - amounting to $8,521.29. - - “The money was chiefly spent in purchasing shoes, boys’ - clothing, and material for girls’ dresses, skirts, and aprons. - The matter of nationality is a most interesting item in the - report. Of those aided, 1,115 were Irish, 995 German, 572 - Americans, 328 Bohemians, 233 English, 184 Jews, 198 Italians, - 156 Norwegians, 180 Swedes, 68 Scotch, 57 Danish, 48 French, 46 - negroes, 6 Spanish, 6 Welsh, 5 Swiss. The Swiss, French, and - Spanish form a comparatively small per cent. of the population - of Chicago, while the thrifty and industrious Scotch and Danes - are very numerous. - - “The most striking feature, however,” continued the _Daily - Inter-Ocean_, June 26, 1894, “is that but forty-six negroes - received assistance, and this in the face of the truth - that our colored population numbers many thousands. Of the - forty-six, six were discovered accidentally and sought out by - the secretary, but who themselves made no appeal for relief. - The mother had come to the rooms of the society for work, and - when questioned said that her husband had been a janitor in a - building which had been closed, but had hope of getting work in - the spring. In the meantime, she said, the children could be - kept at home until then, when they could buy shoes for them and - send them to school. It is gratifying to know that they were - not forced to wait, but that their wants were supplied at once. - - “Another virtue credited the negroes by the society is - gratitude. Of all who were aided, with but few exceptions, they - alone expressed any appreciation of what was done for them. - - “This testimony must be of interest to those who have always - insisted that the negro is a chronic beggar and hopelessly - dependent. Out of 4,200 cases assisted by the society during - the entire winter, but forty six were negroes.” - -Thousands of similar words to the above could be said of the black race. -There are no noted thieves in the race, such as bank robbers, train -robbers, and Government robbers—not traits of the race. We thank our God -that no Rŭb Burrows and Jesse James have arose in the race of African -descent. We may therefore say with propriety, The black man is worthy of -defence. He is worthy of being exonerated from his present imposed state. - - -LYNCHING. - -With prefatory statements of our indebtedness to Mrs. Ida B. Wells -Barnett for her extensive _travels_ in Great Britain and America, -delivering expressive and impressive lectures against this horrible, -disgraceful, and king of all impositions upon a downtrodden people, we -write what we know of the subject, and supplement some cases denounced -in “The Reason Why,” by Mrs. Barnett. Lynching has grown to be an event -which elicits multitudes, composed of men, women and children, to -cheer the participants as though some renowned act of heroism is being -performed. The newspapers have given space to eulogize the lynchers -instead of condemning them. The journals of to-day have grown so high in -public favor that seven out of every ten readers will firmly believe the -current reports. Even some of the Northern black people themselves are to -some extent in sympathy with the lynchers, believing that their own men -are so vile and brutish that they deserve such heinous punishment. - -The question is everywhere heard, “Why do they lynch the colored people -down South?” The general presumption is that colored men are “struck” -after the white women. Why were they not hankering after them during -slavery? Why did the master leave his slave to wait on his family during -the war of 1861-5, while he engaged in battle? Colored men were honest -in the dark days of slavery, and they are honest now. The ascension of -the colored people of the South to high seats of honor, and the fear that -they will ultimately predominate, have some “say so” in these lynches. -I have known blood-thirsty mobs to appoint one of their own men to -assault some young woman who would not yield to a member of the mob, to -black his face and fix like a “Nigger,” and remain in secrecy until a -chance presented itself, then suddenly light upon his prey armed with a -revolver. After reaching his highest point of ambition—the mob is called -to lynch some innocent black man for the outrageous deed of a man of -another color. The visit of Madame Barnett to England in behalf of the -black people of America, drew more favor for the race than Hon. Fred. -Douglass or some other distinguished colored man could have drawn. It was -not a man defending his own sex, but a young lady, having been educated -at Holly Springs, Miss., and labored with her own people and for her -own people in the South, who went to England in defence of the innocent -men falling victims to the mobs, and being deprived of legal hearing -or trial. “Rape” is the prevalent charge—the mob is the criterion. -This condition of things are grievous—and more so when we see other -accusations brought against men, women and children of the black race, -and lynchings being the result before proper course has been taken to -decide whether they are innocent or guilty, which will be further seen in -the following contribution, by Ida B. Wells Barnett: - - -LYNCH LAW. - -BY IDA B. WELLS BARNETT. - -“Lynch Law,” says the _Virginia Lancet_, “as known by that appellation, -had its origin in 1780 in a combination of citizens of Pittsylvania -County, Virginia, entered into for the purpose of suppressing a trained -band of horse-thieves and counterfeiters whose well concocted schemes -had bidden defiance to the ordinary laws of the land, and whose success -encouraged and emboldened them in their outrages upon the community. Col. -Wm. Lynch drafted the constitution for this combination of citizens, -and hence ‘Lynch Law’ has ever since been the name given to the summary -infliction of punishment by private and unauthorized citizens.” - -This law continues in force to-day in some of the oldest states of the -Union, whose courts of justice have long been established, whose laws are -executed by white Americans. It flourishes most largely in the states -which foster the convict lease system, and is brought to bear mainly, -against the Negro. The first fifteen years of his freedom he was murdered -by masked mobs for trying to vote. Public opinion having made lynching -for that cause unpopular, a new reason is given to justify the murders of -the past 15 years. The Negro was first charged with attempting to rule -white people, and hundreds were murdered on that pretended supposition. -He is now charged with assaulting or attempting to assault white women. -This charge, as false as it is foul, robs us of the sympathy of the world -and is blasting the race’s good name. - -The men who make these charges encourage or lead the mobs which do the -lynching. They belong to the race which holds Negro life cheap, which -owns the telegraph wires, newspapers, and all other communication -with the outside world. They write the reports which justify lynching -by painting the Negro as black as possible, and those reports are -accepted by the press associations and the world without question or -investigation. The mob spirit has increased with alarming frequency and -violence. Over a thousand black men, women and children have been thus -sacrificed the past ten years. Masks have long since been thrown aside -and the lynchings of the present day take place in broad daylight. The -sheriffs, police and state officials stand by and see the work well -done. The coroner’s jury is often formed among those who took part in -the lynching and a verdict, “Death at the hands of parties unknown to -the jury” is rendered. As the number of lynchings have increased, so has -the cruelty and barbarism of the lynchers. Three human beings was burned -alive in civilized America during the first six months of this year -(1893). Over one hundred have been lynched in this half year. They were -hanged, then cut, shot and burned. - -The following table published by the Chicago _Tribune_, January, 1892, is -submitted for thoughtful consideration. - - 1882, 52 Negroes murdered by mobs. - 1883, 39 ” ” ” - 1884, 53 ” ” ” - 1885, 77 ” ” ” - 1886, 73 ” ” ” - 1887, 70 ” ” ” - 1888, 72 ” ” ” - 1889, 95 ” ” ” - 1890, 100 ” ” ” - 1891, 169 ” ” ” - -Of this number, - - 269 were charged with rape. - 253 ” ” ” murder. - 44 ” ” ” robbery. - 37 ” ” ” incendiarism. - 4 ” ” ” burglary. - 27 ” ” ” race prejudice. - 13 ” ” ” quarrelling with white men. - 10 ” ” ” making threats. - 7 ” ” ” rioting. - 5 ” ” ” miscegenation. - 32 ” ” ” no reason given. - -This table shows (1) that only one-third of nearly a thousand murdered -black persons have been even charged with the crime of outrage. This -crime is only so punished when white women accuse black men, which -accusation is never proven. The same crime committed by Negroes against -Negroes, or by white men against black women is ignored even in the law -courts. - -(2) That nearly as many were lynched for murder as for the above crime, -which the world believes is the cause of all the lynchings. The world -affects to believe that _white_ womanhood and childhood, surrounded by -their lawful protectors, are not safe in the neighborhood of the black -man, who protected and cared for them during the four years of civil war. -The husbands, fathers and brothers of those white women were away for -four years, fighting to keep the Negro in slavery, yet not one case of -assault has ever been reported! - -(3) That “robbery, incendiarism, race prejudice, quarrelling with white -men, making threats, rioting, miscegenation (marrying a white person), -and burglary,” are capital offences punishable by death when committed by -a black against a white person. Nearly as many blacks were lynched for -these charges (and unproven) as for the crime of rape. - -(4) That for nearly fifty of these lynchings no reason is given. There -is no demand for reasons, or need of concealment for what no one is held -responsible. The simple word of any white person against a Negro is -sufficient to get a crowd of white men to lynch a negro. Investigation -as to the guilt or innocence of the accused is never made. Under these -conditions, white men have only to blacken their faces, commit crimes -against the peace of the community, accuse some Negro, nor rest till he -is killed by a mob. Will Lewis, an 18 year old Negro youth was lynched at -Tullahoma, Tennessee, August, 1891, for being “drunk and saucy to white -folks.” - -The women of the race have not escaped the fury of the mob. In Jackson, -Tennessee, in the summer of 1886, a white woman died of poisoning. Her -black cook was suspected, and as a box of rat poison was found in her -room, she was hurried away to jail. When the mob had worked itself to the -lynching pitch, she was dragged out of jail, every stitch of clothing -torn from her body, and she was hung in the public court-house square in -sight of everybody. Jackson is one of the oldest towns in the State, and -the State Supreme Court holds its sittings there; but no one was arrested -for the deed—not even a protest was uttered. The husband of the poisoned -woman has since died a raving maniac, and his ravings showed that he, and -not the poor black cook, was the poisoner of his wife. A fifteen year old -negro girl was hanged in Rayville, Louisiana, in the Spring of 1892, on -the same charge of poisoning white persons. There was no more proof or -investigation of this case than the one in Jackson. A negro woman, Lou -Stevens, was hanged from a railway bridge in Hollendale, Mississippi, in -1892. She was charged with being accessory to the murder of her white -paramour, who had shamefully abused her. - -In 1892 there were 240 persons lynched. The entire number is divided -among the following States: - - Alabama 22 - Arkansas 25 - California 3 - Florida 11 - Georgia 17 - Idaho 8 - Montana 4 - New York 1 - North Carolina 5 - North Dakota 1 - Ohio 3 - South Carolina 5 - Illinois 1 - Kansas 3 - Kentucky 9 - Louisiana 29 - Maryland 1 - Mississippi 16 - Missouri 6 - Tennessee 28 - Texas 15 - Virginia 7 - West Virginia 5 - Wyoming 9 - Arizona Ter. 3 - Oklahoma 2 - -Of this number 160 were of Negro descent. Four of them were lynched in -New York, Ohio and Kansas; the remainder were murdered in the south. Five -of this number were females. The charges for which they were lynched -cover a wide range. They are as follows: - - Rape 46 - Murder 58 - Rioting 3 - Race prejudice 6 - No cause given 4 - Incendiarism 6 - Robbery 6 - Assault and Battery 1 - Attempted Rape 11 - Suspected Robbery 4 - Larceny 1 - Self defense 1 - Insulting women 2 - Desperadoes 6 - Fraud 1 - Attempted murder 2 - No offense stated, boy and girl 2 - -In the case of the boy and girl above referred to, their father, named -Hastings, was accused of the murder of a white man; his fourteen year old -daughter and sixteen year old son were hanged and their bodies filled -with bullets, then the father was also lynched. This was in November, -1892, at Jonesville, Louisiana. - -A lynching equally as cold-blooded took place in Memphis, Tennessee, -March, 1892. Three young colored men in an altercation at their place -of business, fired on white men in self-defense. They were imprisoned -for three days, then taken out by the mob and horribly shot to death. -Thomas Moss, Will Stewart and Calvin McDowell, were energetic business -men who had built up a flourishing grocery business. This business had -prospered and that of a rival white grocer named Barrett had declined. -Barrett led the attack on their grocery which resulted in the wounding -of three white men. For this cause were three innocent men barbarously -lynched, and their families left without protectors. Memphis is one -of the leading cities of Tennessee, a town of seventy-five thousand -inhabitants! No effort whatever was made to punish the murderers of these -three men. It counted for nothing that the victims of this outrage were -three of the best known young men of a population of thirty thousand -colored people of Memphis. They were the officers of the company which -conducted the grocery. Moss being the President, Stewart the Secretary of -the Company and McDowell the Manager. Moss was in the Civil Service of -the United States as letter carrier, and all three were men of splendid -reputation for honesty, integrity and sobriety. But their murderers, -though well-known, have never been indicted, were not even troubled with -a preliminary examination. - -With law held in such contempt, it is not a matter of surprise that the -same city—one of the so-called queen cities of the South, should again -give itself over to a display of almost indescribable barbarism. This -time the mob made no attempt to conceal its identity, but reveled in the -contemplation of its feast of crime. Lee Walker, a colored man was the -victim. Two white women complained that while driving to town, a colored -man jumped from a place of concealment and dragged one of the two women -from the wagon, but their screams frightened him away. Alarm was given -that a Negro had made an attempted assault upon the women and bands of -men set out to run him down. They shot a colored man who refused to stop -when called. It was fully ten days before Walker was caught. He admitted -that he did attack the women, but that he made no attempt to assault -them; that he offered them no indecency whatever, of which as a matter of -fact, they never accused him. He said he was hungry and he was determined -to have something to eat, but after throwing one of the women out of the -wagon, became frightened and ran away. He was duly arrested and taken to -the Memphis jail. The fact that he was in prison and could be promptly -tried and punished did not prevent the good citizens of Memphis from -taking the law in their own hands, and Walker was lynched. - -The _Memphis Commercial_ of Saturday, July 23, contains a full account of -the tragedy from which the following extracts are made: - -At 12 o’clock last night, Lee Walker, who attempted to outrage Miss -Mollie McCadden, last Tuesday morning, was taken from the county jail -and hanged to a telegraph pole just north of the prison. All day rumors -were afloat that with nightfall an attack would be made upon the jail, -and as everyone anticipated that a vigorous resistance would be made, a -conflict between the mob and the authorities was feared. - -At 10 o’clock Capt. O’Haver, Sergt. Horan and several patrol men were on -hand, but they could do nothing with the crowd. An attack by the mob was -made on the door in the south wall and it yielded. Sheriff McLendon and -several of his men threw themselves into the breach, but two or three of -the storming party shoved by. They were seized by the police but were not -subdued, the officers refraining from using their clubs. The entire mob -might at first have been dispensed by ten policemen who would use their -clubs, but the sheriff insisted that no violence be done. - -The mob got an iron rail and used it as a battering ram against the lobby -doors. Sheriff McLendon tried to stop them, and some one of the mob -knocked him down with a chair. Still he counseled moderation and would -not order his deputies and the police to disperse the crowd by force. -The pacific policy of the sheriff impressed the mob with the idea that -the officers were afraid, or at least would do them no harm, and they -redoubled their efforts, urged on by a big switchman. At 12 o’clock the -door of the prison was broken in with a rail. - -As soon as the rapist was brought to the door, calls were heard for a -rope; then some one shouted “Burn him!” But there was no time to make a -fire. When Walker got into the lobby a dozen of the men began beating and -stabbing him. He was half dragged, half carried to the corner of Front -street and the alley between Sycamore and Mill, and hung to a telephone -pole. - -Walker made a desperate resistance. Two men entered his cell first and -ordered him to come forth. He refused and they failing to drag him out -others entered. He scratched and bit his assailants, wounding several of -them severely with his teeth. The mob retaliated by striking and cutting -him with fists and knives. When he reached the steps leading down to the -door he made another stand and was stabbed again and again. By the time -he reached the lobby his power to resist was gone, and he was shoved -along through the mob of yelling, cursing men and boys, who beat, spat -upon and slashed the wretched-like demon. One of the leaders of the mob -fell, and the crowd walked ruthlessly over him. He was badly hurt—a -jawbone fractured and internal injuries inflicted. After the lynching -friends took charge of him. - -The mob proceeded north on Front street with the victim, stopping at -Sycamore street to get a rope from a grocery. “Take him to the iron -bridge on Main street,” yelled several men. The men who had hold of the -Negro were in a hurry to finish the job, however, and when they reached -the telephone pole at the corner of Front street and the first alley -north of Sycamore they stopped. A hastily improvised noose was slipped -over the Negro’s head and several young men mounted a pile of lumber near -the pole and threw the rope over one of the iron stepping pins. The Negro -was lifted up until his feet were three feet above the ground, the rope -was made taut, and a corpse dangled in mid-air. A big fellow who helped -lead the mob pulled the Negro’s legs until his neck cracked. The wretch’s -clothes had been torn off, and as he swung, the man who pulled his legs -mutilated the corpse. - -One or two knife cuts, more or less, made little difference in the -appearance of the dead rapist, however, for before the rope was around -his neck his skin was cut almost to ribbons. One pistol shot was fired -while the corpse was hanging. A dozen voices protested against the use of -firearms, and there was no more shooting. The body was permitted to hang -for half an hour, then it was cut down and the rope divided among those -who lingered around the scene of the tragedy. Then it was suggested that -the corpse be burned, and it was done. The entire performance, from the -assault on the jail to the burning of the dead Negro was witnessed by a -score or so of policemen and as many deputy sheriffs, but not a hand was -lifted to stop the proceedings after the jail door yielded. - -As the body hung to the telegraph pole, blood streaming down from the -knife wounds in his neck, his hips and lower part of his legs also -slashed with knives, the crowd hurled expletives at him, swung his -body so that it was dashed against the pole, and, so far from the -ghastly sight proving trying to the nerves, the crowd looked on with -complaisance, if not with real pleasure. The Negro died hard. The neck -was not broken, as the body was drawn up without being given a fall, and -death came by strangulation. For fully ten minutes after he was strung up -the chest heaved occasionally and there were convulsive movements of the -limbs. Finally he was pronounced dead, and a few minutes later Detective -Richardson climbed on a pile of staves and cut the rope. The body fell in -a ghastly heap, and the crowd laughed at the sound and crowded around the -prostrate body, a few kicking the inanimate carcass. - -Detective Richardson, who is also a deputy coroner, then proceeded to -impanel the following jury of inquest: J. S. Moody, A. C. Waldran, B. J. -Childs, J. N. House, Nelson Bills, T. L. Smith, and A. Newhouse. After -viewing the body the inquest was adjourned without any testimony being -taken until 9 o’clock this morning. The jury will meet at the coroner’s -office, 51 Beale street, upstairs, and decide on a verdict. If no -witnesses are forthcoming, the jury will be able to arrive at a verdict -just the same, as all members of it saw the lynching. Then some one -raised the cry of, “Burn him!” It was quickly taken up and soon resounded -from a hundred throats. Detective Richardson for a long time, single -handed, stood the crowd off. He talked and begged the men not to bring -disgrace on the city by burning the body, arguing that all the vengeance -possible had been wrought. - -While this was going on a small crowd was busy starting a fire in the -middle of the street. The material was handy. Some bundles of staves -were taken from the adjoining lumber yard for kindling. Heavier wood was -obtained from the same source, and coal oil from a neighboring grocery. -Then the cries of “Burn him! Burn him!” were redoubled. - -Half a dozen men seized the naked body. The crowd cheered. They marched -to the fire, and giving the body a swing, it was landed in the middle of -the fire. There was a cry for more wood, as the fire had begun to die, -owing to the long delay. Willing hands procured the wood, and it was -piled up on the Negro, almost, for a time, obscuring him from view. The -head was in plain view, as also were the limbs, and one arm which stood -out high above the body, the elbow crooked, held in that position by a -stick of wood. In a few moments the hands began to swell, then came great -blisters over all the exposed parts of the body; then in places the flesh -was burned away and the bones began to show through. It was a horrible -sight, one which perhaps none there had ever witnessed before. It proved -too much for a large part of the crowd, and the majority of the mob left -very shortly after the burning began. - -But a large number stayed, and were not a bit set back by the sight of a -human body being burned to ashes. Two or three white women, accompanied -by their escorts, pushed to the front to obtain an unobstructed view, -and looked on with astonishing coolness and nonchalance. One man and -woman brought a little girl, not over 12 years old, apparently their -daughter, to view a scene which was calculated to drive sleep from the -child’s eyes for many nights, if not to produce a permanent injury to -her nervous system. The comments of the crowd were varied. Some remarked -on the efficacy of this style of cure for rapists, others rejoiced that -men’s wives and daughters were now safe from this wretch. Some laughed as -the flesh cracked and blistered, and while a large number pronounced the -burning of a dead body as a useless episode, not in all that throng was a -word of sympathy heard for the wretch himself. - -The rope that was used to hang the Negro, and also that which was used to -lead him from the jail, were eagerly sought by relic hunters. They almost -fought for a chance to cut off a piece of rope, and in an incredibly -short time both ropes had disappeared and were scattered in the pockets -of the crowd in sections of from an inch to six inches long. Others of -the relic hunters remained until the ashes cooled to obtain such ghastly -relics as the teeth, nails and bits of charred skin of the immolated -victim of his own lust. After burning the body the mob tied a rope -around the charred trunk and dragged it down Main Street to the court -house, where it was hanged to a centre pole. The rope broke and the -corpse dropped with a thud, but it was again hoisted, the charred legs -barely touching the ground. The teeth were knocked out and the finger -nails cut off as souvenirs. The crowd made so much noise that the police -interfered. Undertaker Walsh was telephoned for, who took charge of the -body and carried it to his establishment, where it will be prepared for -burial in the potter’s field to-day. - -A prelude to this exhibition of 19th century barbarism was the following -telegram received by the Chicago _Inter-Ocean_, at 2 o’clock, Saturday -afternoon—ten hours before the lynching: - - “MEMPHIS, TENN., July 22. To _Inter-Ocean_, Chicago. - - “Lee Walker, colored man, accused of raping white women, in - jail here, will be taken out and burned by whites to-night. Can - you send Miss Ida Wells to write it up? Answer. R. M. Martin, - with _Public Ledger_.” - -The _Public Ledger_ is one of the oldest evening daily papers in Memphis, -and this telegram shows that the intentions of the mob were well known -long before they were executed. The personnel of the mob is given by the -Memphis _Appeal-Avalanche_. It says, “At first it seemed as if a crowd of -roughs were the principals, but as it increased in size, men in all walks -of life figured as leaders, although the majority were young men.” - -This was the punishment meted out to a Negro, charged, not with rape, -but attempted assault, and without any proof as to his guilt, for the -women were not given a chance to identify him. It was only a little less -horrible than the burning alive of Henry Smith, at Paris, Texas, February -1st, 1893, or that of Edward Coy, in Texarkana, Texas, February 20, 1892. -Both were charged with assault on white women, and both were tied to -the stake and burned while yet alive, in the presence of ten thousand -persons. In the case of Coy, the white woman in the case, applied the -match, even while the victim protested his innocence. - -In some of these cases the mob affects to believe in the Negro’s guilt. -The world is told that the white woman in the case identifies him, or the -prisoner “confesses.” But in the lynching which took place in Barnwell -County, South Carolina, April 24, 1893, the mob’s victim, John Peterson, -escaped and placed himself under Governor Tillman’s protection; not only -did he declare his innocence, but offered to prove an alibi with white -witnesses. Before his witnesses could be brought, the mob arrived at -the Governor’s mansion and demanded the prisoner. He was given up, and -although the white woman in the case said he was _not_ the man, he was -hanged 24 hours after, and over a thousand bullets fired into his body, -on the declaration that “a crime had been committed, and some one had to -hang for it.” - -The lynching of C. J. Miller, at Bardwell, Kentucky, July 7, 1893, was -on the same principle. Two white girls were found murdered near their -home on the morning of July 5th; their bodies were horribly mutilated. -Although their father had been instrumental in the prosecution and -conviction of one of his white neighbors for murder, that was not -considered as a motive. A hue and cry was raised that some Negro had -committed rape and murder, and a search was immediately begun for a -Negro. A blood hound was put on the trail which he followed to the river -and into the boat of a fisherman named Gordon. This fisherman said he had -rowed a white man, or a very fair mulatto across the river at six o’clock -the evening before. The bloodhound was carried across the river, took up -the trail on the Missouri side, and ran about two hundred yards to the -cottage of a white farmer, and there lay down refusing to go further. - -Meanwhile a strange Negro had been arrested in Sikestown, Missouri, -and the authorities telegraphed that fact to Bardwell, Kentucky. The -sheriff, without requisition, escorted the prisoner to the Kentucky side -and turned him over to the authorities who accompanied the mob. The -prisoner was a man with dark brown skin; he said his name was Miller -and that he had never been in Kentucky. The fisherman who had said the -man he rowed over was white, when told by the sheriff that he would be -held responsible as knowing the guilty man, if he failed to identify the -prisoner, said Miller was the man. The mob wished to burn him then, about -ten o’clock in the morning, but Mr. Ray, the father of the girls, with -great difficulty urged them to wait till three o’clock that afternoon. -Confident of his innocence, Miller remained cool, while hundreds of -drunken, heavily armed men raged about him. He said: “My name is C. J. -Miller, I am from Springfield, Ill., my wife lives at 716 North Second -Street. I am here among you to-day looked upon as one of the most brutal -men before the people. I stand here surrounded by men who are excited; -men who are not willing to let the law take its course, and as far as the -law is concerned, I have committed no crime, and certainly no crime gross -enough to deprive me of my life or liberty to walk upon the green earth. -I had some rings which I bought in Bismarck of a Jew peddler. I paid him -$4.50 for them. I left Springfield on the first day of July and came -to Alton. From Alton I went to East St. Louis, from there to Jefferson -Barracks, thence to Desoto, thence to Bismarck; and to Piedmont, thence -to Poplar Bluff, thence to Hoxie, to Jonesboro, and then on a local -freight to Malden, from there to Sikeston. On the 5th day of July, the -day I was supposed to have committed the offense, I was at Bismarck.” - -Failing in any way to connect Miller with the crime, the mob decided to -give him the benefit of the doubt and _hang, instead of burn him_, as -was first intended. At 3 o’clock, the hour set for the execution, the -mob rushed into the jail, tore off Miller’s clothing and tied his shirt -around his loins. Some one said the rope was “a white man’s death,” and -a log-chain nearly a hundred feet in length, weighing nearly a hundred -pounds was placed about his neck. He was led through the street in that -condition and hanged to a telegraph pole. After a photograph of him was -taken as he hung, his fingers and toes cut off, and his body otherwise -horribly mutilated, it was burned to ashes. This was done within twelve -hours after Miller was taken prisoner. Since his death, his assertions -regarding his movements have been proven true. But the mob refused the -necessary time for investigation. - -No more appropriate close for this chapter can be given than an -editorial quotation from that most consistent and outspoken journal the -_Inter-Ocean_. Commenting on the many barbarous lynchings of these two -months (June and July) in its issue of August 5th, 1893, it says: - - “So long as it is known that there is one charge against a man - which calls for no investigation before taking his life there - will be mean men seeking revenge ready to make that charge. - Such a condition would soon destroy all law. It would not be - tolerated for a day by white men. But the Negroes have been so - patient under all their trials that men who no longer feel that - they can safely shoot a Negro for attempting to exercise his - right as a citizen at the polls are ready to trump up any other - charge that will give them the excuse for their crime. It is a - singular coincidence that as public sentiment has been hurled - against political murders there has been a corresponding - increase in lynchings on the charge of attacking white women. - The lynchings are conducted in much the same way that they were - by the Ku-Klux Klans when Negroes were mobbed for attempting to - vote. The one great difference is in the cause which the mob - assigns for its action. - - “The real need is for a public sentiment in favor of enforcing - the law and giving every man, white and black, a fair hearing - before the lawful tribunals. If the plan suggested by the - Charleston _News and Courier_ will do this let it be done at - once. No one wants to shield a fiend guilty of these brutal - attacks upon unprotected women. But the Negro has as good a - right to a fair trial as the white man, and the South will not - be free from these horrible crimes of mob law so long as the - better class of citizens try to find excuse for recognizing - Judge Lynch.” - -The lynching of C. J. Miller at Bardwell, Ky., July 7, 1893, referred -to in Madam Barnett’s writings, has not only been declared barbarism, -outrageous, and outlawry, but a mistake by the lynchers themselves, as -stated in Madam Barnett’s comment. - -While in Fulton, Ky., a few days after the horrible deed of lynching Mr. -Miller by the people of Bardwell and volunteers, the writer saw thousands -of bills posted, nullifying the action of the mob in the case of Mr. -Miller, and urging that some other “Nigger” be implicated in the crime, -and lynched to “make up” for the death of the two Ray sisters. - -Fulton is situated on the Illinois Central R. R., about 28 miles south -of Bardwell. Every train from the South bound for the Chicago World’s -Columbian Exposition, bore a host of interested passengers to see the -ashes of the innocent man burned at Bardwell. Applications were made -to the conductors to stop long enough at Bardwell to see the “sight.” -The writer was the only one of his nationality on board the train which -stopped at the scene. On the morning of July 28th, 1893, in the business -part of the town of Bardwell, about 50 yards from the Illinois Central -station, the remains of one of the most uncivil deeds perpetrated upon -an innocent man in a Christian country and civil government, could be -pitifully viewed from the platform or window of the car. - - -COLEMAN AT DECATUR, ILL. - -IMPOSITION IN NORTHERN “QUARTERS.” - -Decatur has been mentioned elsewhere in this book. It is the third -railway centre in the 3rd productive State in the U. S. Its population -is 20,000. It is about 40 miles from Lincoln, where a log cabin, as a -relic of the martyred President, Abraham Lincoln, remains. There are -three Churches of color represented in Decatur. The first innocent blood -was drawn from the neck of a colored man in 1893, and shed upon the -city of Decatur by some of its “respectable” citizens, men and women. My -introduction to Decatur was in June, 1894, during my visit to a “colored -camp meeting.” I heard it noised around that a Mr. Jackson, waiter of -St Nickels Hotel, had been arrested and placed in jail on a charge of -attempted “rape.” The Lynch alarm had been sounded, which aroused the -sympathy of the colored population to protect Jackson. Those who showed -cowardice were invited to a speech delivered by the writer, urging the -colored men to consolidate their forces and preclude the mob from the -prisoner. Much enthusiasm was manifested while the speech was being made, -and at the conclusion preparation was immediately begun to resist the -murderers. Guns, revolvers, swords, knives and clubs of any dangerous -description were collected and laid by for battle. The municipal -authority showed no protection, _pro et con_, the movements. By 8 p.m. -on the evening appointed by the mob gang, the colored men and boys were -arranged in military form, being under command of general and captain, -etc. The army received cheers for management, courage and promptness from -the better classes of the white population. - -The jail in which this prisoner was, was about four blocks from the main -part of the city. The white boys who usually follow shows and excitement, -had occupied the nearest seats to the jail at an early hour, anxiously -waiting to see the end of Jackson’s life. As I advanced accompanied by -my guard, one of the young spectators asked with a tone of delight, -“Are they going to lynch the nigger to-night?” I could but give the -answer, “No.” Having instructed all concerned to show no uncivility to -any person, but at the rise of war, put forth every exertion to save -the life of the prisoner. Orders were given to the band to surround -the prison. Just now I began to experience some of the actual “turns” -of the battle-field. 300 black faces at one signal dotted in separate -groups on all sides of the jail and court-house. At 9 o’clock a man of -low stature passed along the main street, smoking sumptuously, with a -rope which had been presented specially for the lynching of Jackson. The -rope-man was so completely absorbed in the occupation, he failed to see -those who had come to see justice meted out to the prisoner, who so well -deserved it. Some of his constituency within the court-rooms informed him -of the danger in store; he then accepted of a hard bed in the building -for the night. At this crisis absolute calmness seemed to prevail which -continued until between 1 and 2 a.m., when the watchmen were disturbed -by the yells of intoxicated men. Noises of teams, wagons, riders on -horse-back, and some “foolers,” all winding their way from country -villages and bush-towns into the “big town” to kill the old “nigger.” -The night policemen who finally showed some degree of courtesy to the -colored band, conveyed the information to the mob that “300 black men lie -in wait for you; if the mob attempts to take Jackson to-night, no small -number of lives will be lost”. With this intelligence the blood-thirsty -gang received orders from their captain on a sub-way bridge to “retreat -until the next night.” A reporter from the leading newspaper of the city, -who had taken in the general outlook of the affair, asked permission to -address the colored “boys.” Receiving permission from the proper source, -he then rode amid the cool headed body of men. Lighting from his horse -said, “Gentlemen, I understand that you have gathered to protect Mr. -Jackson. Now I wish to inform you that you need not fear any thing like a -mob from any person in Decatur.” “But they are coming from the country,” -came a voice from some person in the rear of the crowd. “Mr. Jackson is -known here as a gentleman,” continued the speaker. “The circumstances -in connection with this case I am fully acquainted with. Mr. Jackson -and this woman were intimate, and some business men in town can verify -the fact that Mr. Jackson gave her money two days ago. The story that -Mr. Jackson was found in her room on her bed with a revolver a few -evenings ago, is true. He was not there to force, but because she asked -him there, being afraid of a policeman just outside the door. She cried -out to secure herself from the law.” These words were received by the -company with profound respect. The Decatur papers verified the reporter’s -statements. - -This is not, however, the end of the struggle for life. The spirit of -protection was intense, and grew parallel with the “lynch fever.” The -following evening a greater representation of the colored population -appeared on the scene. Those who failed to secure themselves with arms -the previous evening, came better fortified; but no further attempt -to enter the jail was made by the “outlawers.” The third night, the -municipal power intervened, and chastised the tumultousness. This was -begun by the arrest of one of the colored company, Mr. Artist, who had -occupied a seat in the park, which faces the front street, and who had -two shot guns, and was repeatedly told to leave. This he refused to do. -On this ground he was imprisoned. A committee composed of Mr. J. Artist, -Mr. Oliphant, and the writer called on the Mayor. His Honor cordially -received the committee, and assured the committee that “nothing to hinder -the colored citizens from standing for themselves will be done. Mr. -Artist will be released to-morrow morning.” - -From these proceedings the reader is not to conclude that such an act -would stop the Southern lynchings. In a Northern city of so small a -population of colored people as Decatur, it is reasonable to suppose that -race war would not be tolerated, while such would be the case in the -South. That the city officials were friendly to the action of the colored -people is seen in the fact that there was no interference with them until -the third night of the warfare, and the releasement of Mr. Artist. It -should be remembered that the colored citizens were in every respect -submissive to the law, only that the condition of their surroundings had -grown to the doctrine, “Eye for eye, and tooth for tooth.” - -With an outstretched hand to fallen humanity, and uplifted voice to God, -accompanied by a painful heart, I must here appeal to Scripture facts. -“All things work together for good to them that love God, to them who -are the called according to His purpose.” Rev. Mr. Mudd, a distinguished -divine, connected himself with the colored citizens of Decatur, striving -to uphold the right in the case of Mr. Jackson, who through the -instrumentality of his race was given a fair trial. - - - - -CHAPTER IV. - -WAGES. - - -Scarcely any of the wealthy people of the North, and thinkers on vital -questions of the day in European nations, properly consider the salary -of colored laborers of the South, as a comparison to that of the white -laborer. It is universally admitted that the colored race has made rapid -progress—progress worthy of praise. But in the face of destitution, -educational endeavorment, exertions put forth to erect church edifices, -and imposition as described in the preceding chapter, thousands of good -people stand and say: “The negroes are allowed to work in nearly all the -branches of labor that are in the South, and why should we help them to -build their schools and churches, since they have been freed long enough -to look after themselves from a financial standpoint? and why should we -try to assist them in getting their rights at law, when they don’t try -to assist themselves when they are outraged by the lynchers, there being -as many or more colored people in some States than white people?” If the -negro was allowed the same chance or the same wages as his white brother, -then we could to some extent join with the above in asking, why? But few -of the many colleges and churches of the colored people are paid for. -Could colored millionaires be expected within 35 years of freedom? No. -There are some pursuing riches. In the State of Mississippi many colored -persons owned “plantations.” Only owned until some “heir” arise to force -them by “law” to disown their property. This course of defrauding the -colored people out of their stringent and honest earnings has existed -many years. In consideration of these things we must conclude that -donations amounting to enough to pay off debts of colored institutions, -such as that of Payne Theological Seminary should be given by those who -have received abundantly from the hands of a Father, who is rich in -houses and lands, and holdeth the wealth of the world in His hand. - -In sustenance of what has been said as a proof of the Southern colored -labor being discounted, in that a minority of those who are fitted for -all departments of work are not employed, we give a clipping from the -_Detroit Evening News_: - - “WAGES IN THE SOUTH. - - “The Chattanooga Tradesmen has made a statistical examination - of the white and colored labor of the Southern States. From the - reports received from employers of nearly 100,000 hands, 58 per - cent. of the employees are white and 42 are colored. One-third - of the whole number are termed skilled laborers, only 10 per - cent. of whom are colored. - - “A remarkable fact brought out by this investigation is, that - over 90 per cent. of these workmen are native born; 61 per - cent. of the employers said all their help were natives of the - south, and only 19 per cent. reported that they employed as - many as half natives and half of northern or foreign birth. - - “The Tradesman says the reports show wages paid to skilled - workmen average $2.51 to whites and $1.58 to colored. Unskilled - whites average $1.14, and colored $1.02 per day. The highest - rate per day reported was $4, paid to expert brickmakers. - Foundrymen average $2.87 to whites and $1.62 to colored skilled - workers. Carriage makers average $3.37; no skilled colored - carriage makers are reported. In lumber making, white men - average $2.78, and colored $1.62. Coal miners average $2.33 - for whites and $1.62 for colored. Stone workers average $2.87 - for whites and $1.42 for colored. Returns from a large number - of miscellaneous occupations show that skilled white workers - average $2.43, and skilled colored men $1.70 per day. - - “As compared with northern or foreign labor, 72 per cent. of - the employers say their southern labor is as good; and 5 per - cent. are in doubt. - - “As to the comparative value of white and colored skilled - labor, 46 per cent. of the employers say that it is about - equal, 43 per cent. say that negro labor is inferior, and 11 - per cent. are in doubt. As to common labor, 54 per cent. say - the white and black are equal in efficiency, 29 per cent. that - the colored labor is the better, and 17 per cent. that the - colored men are inferior to whites. - - “As to whether white and colored common laborers are improving - in skill, 35 per cent. of the employers say that they are, - 18 per cent. that they are not, 17 per cent. that the whites - are improving more than the colored, and 2 per cent. that the - colored are improving more than the whites. Twelve per cent. - think that colored laborers are improving, 4 per cent. that the - whites are retrograding, and 12 per cent. no improvement in the - colored laborers. - - “That the white and colored laborers work together harmoniously - is asserted by 58 per cent. of the employers, while 9 per - cent. declare to the contrary. Twenty-one per cent. reply - affirmatively, with qualifications, and 12 per cent. say that - harmony exists because whites overrule the colored workers.” - -Mr. Booker T. Washington advocates the cause of the race from an -industrial point of view. His idea is valuable, and a condition to which -many must concede, if high attainments in laborious circles are sought -for. While Mr. Washington opens this channel, his labors must be preceded -by a successful surveyor, so that the grounded implements may be put in -action. “Why stand ye here all the day idle?” will not then be asked. -Give positions suitable to the accomplishment of the colored men and -women, boys and girls, and do away with Discrimination and Imposition of -Injustice upon them. And then “let them alone.” - -Bishop Benjamin F. Lee stands foremost in the educational career, but -always connects “work” with his platform. He is not satisfied with having -filled the souls of men with the glorious tidings of the truth, but may -very appropriately be called the “surveyor” for the physical wants of the -people. - -As to colored school teachers, etc., wages have been arranged to a low -price. Some second grade teachers receiving from 25 dollars to 30 dollars -per month; while some 3rd grade teachers receive a stipulated salary of -from 10 to 15 dollars per month. Such a reduction in these cases can only -be attributed to the unfair basis upon which the Boards of Education -conduct the matters to favor their people and impede the progress of the -colored race. - - - - -CHAPTER V. - -“THE JIM CROW CAR.” - - The titles—Porters—Baggage-men—Coleman on the “G. P.” - 1892—Mississippi Delta. - - -Thus far we have seen that mal-treatment, deception in court, murdering, -etc., are associated with the “Jim Crow Car,” for the title itself means -fraud—and all debauchery and injustice meted out to the colored race are -material in the “Jim Crow Car.” If we are to see the state of things as -they are in various parts of the world, we are generally conveyed by “the -train,” as a preference when it is serviceable. In countries where there -is no R. R. locomotives, the stages of higher civilization have not yet -been reached. The first thing therefore, right or wrong, coming under our -notice by the way, is on the “front.” - -The car in which the colored people are forced to ride is not marked -“Jim Crow Car.” Most every R. R. line has a different mark. As a rule -“Colored” just over the entrance is marked on the cars designed for the -colored people on the majority of roads. Other marks are: “For Colored -People,” “For Africans,” (L. R. & M. R. R.) “Negroes,” etc. Regular -colored passengers are so well acquainted with the style and inferiority -of their car, it is hardly necessary to read the sign. Carthage, Miss., -is the county seat of Leake County, and 31 miles from the railroad lines. -Many of its inhabitants have never seen a train. Nevertheless, most of -the colored citizens have heard that the train is a pretty thing, but -the colored folks must pay as much to ride as white passengers, and yet -occupy an awful “Jim Crow Car.” - -Two colored men having decided to go off, came to Goodman to “take” the -train. When the train arrived that they desired, the smoke prevented them -from seeing the “colored” car near the engine. The colored passengers -stood quite a distance from the site, refusing to board it, from the -very reason that they feared the smoke. They admired the cars for white -passengers. Although they had purchased their tickets, they decided -to wait for the colored car to come along. After the train made its -departure from the station, the two passengers went in hiding, being -afraid that they would be arrested for not going up to the engine to get -the car. Shortly a freight run in, and the two passengers fully concluded -“that must be that ‘Jim Crow Car’ for the colored folks that we have -heard so much talk about.” With this idea they aimed to board it, when -they were considered intruders, and were driven back to their homes. - - -PORTERS. - -The porters on the passenger trains are chiefly colored men. Their -politeness to passengers and distinct voices in calling stations, render -their appropriateness for the position. They assist in handling baggage, -but they are very rarely allowed to assist colored ladies on and off the -train. They must get off possibly with babies in their arms and valises. -The porter is allowed to help white ladies off by taking the packages and -valises to the platform of the depot, the brakeman and conductor being -too aristocratic to do such, like most southerners are. - - -BAGGAGEMEN. - -There are white and colored employees in large baggage rooms. The bulk -of the white baggagemen abhor the idea of carrying a colored person’s -baggage to the baggage car, although it is checked. They sometimes order -our intelligent colored gentleman to convey his own baggage to the train, -especially if he looks like a “drummer” or travelling salesman. - -A young man travelling for a colored Building and Loan firm was shot -and killed at a little town south of Jackson, Miss., by a baggageman, -who failed to compel him to carry his own baggage. The same style of -marking on the door of railway cars for colored people is on the doors of -waiting rooms. Colored department porters are employed to see that the -black people go to their room, but is not allowed to resist white people -putting packages and tying their dogs in the colored room. White convicts -are held in the colored waiting rooms. - - -COLEMAN ON THE “G. P.” - -Concluding my Southern tour in 1892, I left Birmingham, Ala., Nov. 1st, -1892, bound for Durant, Miss. A large number of passengers were on board -when we arrived at Coalsburg, a little town situated in the coal regions -of Alabama, about 15 miles from Birmingham. The depot agent having -flagged the train, ran to the conductor exclaiming: - -“You can’t go under two hours!” - -“Why can’t I?” asked the conductor. “Why that east-bound local have -jumped the track.” - -A vast convict farm is under cultivation by colored convicts at -Coalsburg. To see men and women tied together and working under “Bull -whips” was a delightful scene to the white passengers, both men and -women. The farm is about 60 yards from the depot. - -All sorts and conditions of humanity can be seen. Strange it may seem to -true man and womanhood, the fact remains that the brutalized state of -the colored men and women is the pride of the Southern white element. -The passengers stand with pleasure viewing the convicts as they are -lashed and forced to do excessive work. A man who had been on the farm -two years, charged with stealing a pair of boots, attempts to escape, -when four white men on mules and a train of hounds pursue him. An old -ex-slave holder, standing in an attitude to take fine view of the -proceedings, smilingly said: “That looks like old times.” Convicts are -treated more cruel than the slaves were during American slavery. - -In fact the convict lease system is a method of revenge. There are -some ex-slave holders who think that the “nigger” should be “paid” for -fighting against the South for freedom, and now making it felt and known -that they are a main factor in the common wealth. The convict farms -have grown numerous in the Southern States as a means of binding the -Negro down to white masters. Ned Richardson may justly bear the blame -of causing more immorality and disgrace upon the colored race in his -dominion than the slave trade in Africa to-day. The convict lease system -is a satanic giant leading to degradation and ruin thousands of young men -and women, whom, if they had privilege of a house of correction, would -accomplish many good deeds for their country, and Christ, and the Church. - -When Mr. D. L. Moody preached at Massey Music Hall, Wednesday, Oct. 13th, -1897, at 3 p.m., he elicited about 5,000 people. Before beginning his -sermon he made some interesting statements concerning the great work -which he had done in his efforts to supply the jails in the United States -with reading matter to be put in the hands of the prisoners. Concluding, -he asked his audience to contribute $500 to the same scheme in Canada. -During his fervent and explicit remarks the lamentable thought of the -Convict Lease system presented itself to me. Though recognizing the work -done by the speaker in the United States as a source of spiritual help -to the colored prisoners, as well as the white ones, I am convinced that -such influential ambassadors of God as Mr. Moody and Mr. Jones could -abate the intense evil in the promoters of working convicts, in a worse -way than any farmer would dare to work his horses in the north and in -many parts of the south. - -At the close of Mr. Moody’s service I was profoundly touched with the -idea of asking the evangelist to protest against southern heathenism. -When the rush to shake hands with the speaker had ceased, I could not -refrain from simply asking Mr. Moody to preach against the convict lease -system when he returned south. - -The Democratic party in the State of Alabama, during the State election -in 1892, made the convict lease system a plank in their platform, -declaring that the diabolical system would be annihilated if the party -gained the election. A political course in the pursuit of destroying such -an influence and extensive evil will not do the amount of durable good as -will the true Christian principles thoroughly stamped in the hearts of -the upholders of such an inhuman system. One political party may abolish -it, and another reinstate it. It is necessary, therefore, that the way -of convincing the heathen abroad be given to erroneous and barbaric -tendencies everywhere. About nine-tenths of the convicts in the United -States are colored. When I visited Fletz’s farm about 3 miles south of -Winona, Miss., in 1891, there were no whites. The convicts are not only -leased to work on farms, but to railway contractors and mining companies, -etc. The States tolerating the convict lease system receive a revenue. - - -“KIDNAPPED” ROCK DIGGERS. - -Another incident noticeable on my journey to Durant, Nov. 1st, ’92, is -the fact that in the mountainous regions lying on both sides of the -Georgia Pacific Road, is rock suitable for railway bridges, etc. After -receiving orders to leave Coalsburg, the conductor gave the ordinary -notice, “All aboard.” I need not mention the various expressions of joy -to be leaving a place of sorrow and woe. We had not gone more than 40 -miles when a company of colored men, directed by a white man, boarded -our train. The porter immediately gave the information that trouble was -awaiting the colored company, of which they were not aware. Just about 35 -miles down the road is a path leading out to a rock den, they will have -to go about 18 miles back in the woods to find it, there they will be -worked. Some of them will be worked to death without a cent of pay, said -the porter. When they arrived at their destination, the ghostly “thicket” -at once attracted my attention. Like dumb driven cattle, the men, with -unbalanced luggage, over stepped the rugged mountain, some of whom will -never return. - -The Georgia Pacific Railroad is systematized strictly on Southern -principles. Having roughly split bottom seats on the “colored car.” While -at the Union Station in Birmingham, Ala., en route for Atlanta, Ga., we -beheld such a pitiful condition of three colored ladies. Those who have -not in any way come in contact with such a state of human life as seen -in this car, can only marvel at our story, and question whether such -moral character exists amid such a tremendous flow of offensiveness and -pragmatical elements. - -In the car with the three colored ladies were five convicts chained down -to their seats in a most ghastly condition, and 15 white men. The ladies -were compelled to hoist the windows in hope of shirking the profane -language and intense heat and smoke from 15 cigars. The ladies were -evidently professional ladies, and of no mean ability and character, -but their high attainments were depreciated, being told abruptly, “Go -in that car there, that’s the nigger car.” Many ministers and other -representative colored men are smokers per force. They must ride in cars -with the lowest smoking classes, but when the smokers are through, retire -to the “white car.” Many persons who would never smoke, are forced to -smoke to protect their system during their ride in a car filled with -deathly odor. - - -MISSISSIPPI “DELTA.” - -The real state of affairs in the Mississippi “Delta” or “Bottoms,” are -unknown to those who have not travelled the plantations and rivers, -viewing the situation of the people as they are. Indeed many parts of -that turbid valley are inhabited by a people whose object is to humiliate -the farmer as did the slave holder in his time. Newspapers and other -mediums of spreading the happenings abroad are not used. This dismal -section of country lies about 50 miles west of the Illinois Central -Railroad, separated from Arkansas by the Mississippi River. There are two -other smaller rivers, viz.: Yazoo and Tallahatchie. On the banks of these -rivers are colored immigrants from many southern States, with the hope of -bettering their condition. - -Soon after slavery many men, women and children, exiled to the -Mississippi Delta, the employers, to curtail railroad expenses, put -the emigrants in freight box cars, after getting them a distance from -their homes. Their present condition is grievous and miserable, some -plantations having as many as 500 employees and a white family. The -agents are what the overseer has once been. The general environments -are such that even 500 persons must stoop to the command of 4 or 5 men. -Some laborers have not had a payment for their work. They are furnished -with pickled pork and corn bread for food, but few of them are allowed -to have money. Wooden cheques from five cents and upward are paid to -those who pay to the Church. In this case the cheques are only good -at the plantation store. That which 25 cents could profitably buy in -the Dominion of Canada or the northern States, costs one dollar at -the “plantation store.” Cotton is the chief product; and owing to the -unfavorable atmosphere the colored people are told that whiskey must be -used to prevent sickness. In this way many unfortunate persons are misled -to the degraded habit of drinking excessively. - -East Mississippi is usually called the “Hills” by the inhabitants of -the swamp. When any one succeeds in making good his or her escape, it -is by the “underground railroads,” or a similar channel to that of the -abolitionist in securing colored men and women into Canada in the days of -slavery. Mr. Mark Coleman, brother of the author of these facts, has been -and is to this day operating the underground railway line on the Yazoo -River. His beginning of this movement was attended with many experiences -which attended the rugged way of the beloved white men and women who -sympathized for the black man to the extent of devising a road on which -he could reach the safe shores of Canada. - -An investigation of the oppressed people in the Mississippi Delta is -necessary, and is solicited. The high water of 1897 revealed a part of -the destitute cases near the rivers and railroads, but “Wild Woods,” and -a host of other obscure islands have never been heard from. The ways -of right cannot be properly diffused among the people of color in the -Mississippi “bottoms.” The word of the Lord should have free course. Any -instruction leading up to higher morality and Christianity is impeded. -The Arkansas side of the valley is chiefly barren; especially that -being parallel with the Little Rock and Memphis railroad. The labor -record of the Negro has grown ever since the landing of 20 at Jamestown, -Va., in 1619. “He has made America what it is,” for this reason the -colored people of many Southern States have been solicited to settle -in this vast watery territory along the L. R & M. R. R. In view of the -hardships which befell those in Mississippi Delta, the Negro refuses the -offer. The refusal of the Negro to occupy the Arkansas desert is looked -upon by his enemies as being slothful. But this view of the Negro is -commonly taken when he is shrewd enough to shirk danger. The Oklahoma -movement in 1892 was upheld by the colored Southerners with a hope of -reaching a home where equal rights would be imparted to all. Since their -settlement in Oklahoma, they have fallen victims to the mob and rope -bands of white men, who have made it a famous event to enter the homes -of the black men and overpower them with war arms, and commit rape on -their wives and daughters. Bishop Turner, in defence of his race, gave -advice that they should protect themselves. This advice was given in the -Voice of Missions, missionary organ of the A. M. E. Church. Numerous -Northern newspapers endeavored to put the entire South against the godly -Bishop for attempting to protect _the ladies_ of his race from being -destroyed by night mobs. The Bishop’s _idea_ of family protection in -many _unfriendly_ localities is commendable. The Indians in the Oklahoma -regions and elsewhere have always protected their families. 25 white -citizens of Oklahoma were killed by Indians in Jan., 1898, by way of -race _protection_. - - - - -CHAPTER VI. - -IGNORANCE OF DECENCY AND LIMITED CHRISTIANITY. - - -There can be no better method of emphasizing and clearly establishing the -facts which have been stated on the various subjects preceding _this_, -than to end syllogistically: - -(1) It is obvious that the colored race equals the white race in decency. -They could not wash their white sister’s clothes without washing for -themselves. They could not cook decently for the white families’ hotels -and other public places, if they were not suitable for the position. -Thousands of young men and women graduating annually, in all the -professions and branches of labor, warrant the fact that the colored -people cope with the white people in intellectual and industrial progress. - -(2) Although about one-half of the colored population of the United -States are followers to some denomination, yet the so-called Christian -white people of the south, both pulpit and pew, limit Christianity to -themselves and own house. - -(3) In consideration of these things, we must conclude that eating, -riding and social gatherings among the white people is not a desire of -the colored race, and all previous conceptions of such are erroneous, -and will be rectified when our southern white brethren reach a higher -civilization and pure Christianity. - -“For the President, Senate and Congress to stand still and allow -any State in the Union to incorporate laws conflicting with the -Constitutional rights of any of its citizens, is to me a fact that the -national government is too weak to last long.”—REV. S. T. TWIGLER, -Marion, S. C., Nov. 12, 1897. - -An immense volume would be required to write one-fourth of the lynches in -1892-93—saying nothing of the other evil. The urgent demand for this book -has contracted it. Other volumes on the questions embodied in this book -may follow this agent of peace, equal rights, and prosperity. - - - - - -End of the Project Gutenberg EBook of The Jim Crow Car, by J. C. 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