clothed with greater powers; failed to see that the
Republic changed front; failed to appreciate the real reasons for
the adoption of the amendments, and failed to understand that the
Civil Rights Act was passed in order that a citizen of the United
States might appeal from local prejudice to national justice.
Justice Harlan shows that it was the object to accomplish for the
black man what had been accomplished for the white man--that is,
to protect all their rights as free men and citizens; and that the
one underlying purpose of the amendments and of the congressional
legislation has been to clothe the black race with all the rights
of citizenship, and to compel a recognition of their rights by
citizens and States--that the object was to do away with class
tyranny, the meanest and basest form of oppression.
If Justice Harlan was wrong in his position, then, it may truthfully
be said of the three amendments that:
"The law hath bubbles as the water has,
And these are of them."
The decision of the Supreme Court denies the protection of the
Nation to the citizens of the Nation. That decision has already
borne fruit--the massacre at Danville. The protection of the Nation
having been withdrawn, the colored man was left to the mercy of
local prejudices and hatreds. He is without appeal, without redress.
The Supreme Court tells him that he must depend upon his enemies
for justice.
_Question_. You seem to agree with all that Justice Harlan has
said, and to have the greatest admiration for his opinion?
_Answer_. Yes, a man rises from reading this dissenting opinion
refreshed, invigorated, and strengthened. It is a mental and moral
tonic. It was produced after a clear head had held conference with
a good heart. It will furnish a perfectly clear plank, without
knot or wind-shake, for the next Republican platform. It is written
in good plain English, and ornamented with good sound sense. The
average man can and will understand its every word. There is no
subterfuge in it.
Each position is taken in the open field. There is no resort to
quibbles or technicalities--no hiding. Nothing is secreted in the
sleeve--no searching for blind paths--no stooping and looking for
ancient tracks, grass-grown and dim. Each argument travels the
highway--"the big road." It is logical. The facts and conclusions
agree, and fall naturally into line of battle. It is sincere and
candid--unpretentious and unanswerable.
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