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 pr 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.

Mr. Benjamin F. Butler withdrew the motion to recommit.

February 4—The amendment offered by Mr. Kellogg, as follows:

Strike from the first section the following: "And also all common schools and public institutions of learning or benevolence supported in whole or in part by general taxation, and also the institutions known as agricultural colleges endowed by the United States." Strike out also the following .* "Provided, That if any State or the proper authorities in any State, having the control of common schools or other public institutions of learning aforesaid, shall establish and maintain separate schools and institutions, giving equal educational advantages in all respects for different classes of persons entitled to attend such schools and institutions, such schools and institutions shall be a sufficient compliance with the provisions of this section so far as they relate to schools and institutions of learning."

Was agreed to, on a count, yeas 128, nays 48. Mr. Cessna offered the following as a substitute for the bill of the Judiciary Committee, it being the text of the Senate bill on the Speaker's table: That all citizens and other 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, theaters and other places of public amusement, and also of common schools and public institutions of learning or benevolence supported in whole or in part by general taxation, and of cemeteries so supported; and also the institutions known as agricultural colleges endowed by the United States, 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 entitled to its benefit, 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 offense, forfeit and pay the sum of $500 to the person aggrieved thereby, to

be recovered in an action on the case, with full costs; and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000, or shall be imprisoned not more than one year: Provided, That the party aggrieved shall not recover more than one penalty; and when the offense is a refusal of burial, the penalty may be recovered by the heirs at law of the person whose body has been refused burial: And provided further, 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.

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 offenses 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 the 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 offense, 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.

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 $1,000.

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.

Mr. White moved the following as a substistute for the said amendment:

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, theaters and other places of public amusement; and also of common schools and public institutions of learning or benevolence supported in whole or in part by general taxation, 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: Provided, That nothing in this act shall be construed to require mixed accommodations (by sitting together), facilities and privileges at inns, in public conveyances on land or water, theaters or other placets of public amusement, for persons of different race or color, nor to prohibit separate accommodations, facilities and privileges at inns, in public conveyances on land or water, theaters or other places of public amusement; such separate accommodations, facilities and privileges being equal in equipment and kind for persons of every race and color, regardless of any previous condition of servitude: And provided further, That nothing in this act shall be construed to require mixed common schools and public institutions of learning and benevolence for persons of different race or color, nor to prohibit separate common schools for different races or colors, provided the facilities, duration of term, and equipments of such common schools and public institutions for both races in the town, city, school district, or other topographical division, shall be equal in facilities and equipments for both races for the purposes for which such institutions are established.

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 offense, forfeit the sum of $500 to the person aggrieved thereby, to be recovered in action of debt, with full costs: Provided, That no action shall be maintainable under the provisions of this act when equal but separate accommodations, advantages, facilities, or privileges are provided for and are not denied to the party complaining of the violation of this act: And provided further, 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.

Sec. 3. That the district and circuit courts of the United States shall have cognizance of all 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.

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 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, be fined not more than $1,000.

Sec. 5. That all cases arising under the provisions of this act shall be reviewable by the Supreme Court of the United States, without regard to the amount in controversy, in the same manner as now provided by law for the review of other causes in said court.

Which was disagreed to on a count—yeas 91, nays 114.

The question recurring on Mr. Cessna's motion, it was disagreed to—yeas 113, nays 148, not voting 28:

Yeas—Messrs. Albert, Barber, Barrere, Bass, Begole, Buffmton, H. C. Burchard, Burleigh, Burrows, B. F. Butler, Cain, Cannon, Carpenter, Cason, Cessna, Clayton, S. A. Cobb, Coburn, Conger, Cotton, Crooke, Crounse, Curtis, Darrall, Dawes, Dobbins, 'Donnan, Duell, Eames, Field, Fort, Foster, Garfield, Gooch, Harmer, B. W. Harris, Hathorn, J. B. Ilawley, J. R. Hawley, G. W. Hazelton, J. W. Hazelton, Hendee, E. R. Hoar, Hodges, Hooper, Hoskins, Houghton, Howe, Hurlbut, Kasson, Kelley, Lamport, Lansing, W. Lawrence, Lawson, Loughridge, Lowe, Lynch, McCrary, J. W. McDill, McNulta, Monroe, Morey, Myers, Negley, Niles, O'Neill, Orth, Packard, Page, R. C. Parsons, Pendleton, Pierce. Pike, Pratt, Rainey, Rapier, Richmond, J. W. Robinson, S. Ross, Rusk, Sawyer, H. B. Sayler, Sessions, Shanks, Sheldon, W. B. Small, Smart, A. H. Smith, G. L. Smith, H. B. Smith, J. Q. Smith, Sprague, Starkweather, C. A. Stevens, Stowell, Sypher, Taylor, W. Townsend, Tyner, Waldron, A. S. Wallace, J. D. Ward, M. L. Ward, Wilber, G. Willard, C. G. Williams, J. M. S. Williams, W. Williams, W. B. Williams, J. Wilson, J. M. Wilson, Woodworth—

113.

Nays—Messrs. G. M. Adams, Albright, Archer, Arthur, Ashe, Atkins, Averill, Banning, Beck, H. P. Bell, Berry, Biery, Bland, Blount, Bozven, Bradley, Bright, Brombcrg, J. Y. Brozvn, Buckner, Bundy, R. R. Butler, J. H. Caldwell, Caulfi-eld, Chittenden, A. Clark, jr., J. B. Clark, jr., F. Clarke, Clements, Clymer, C. L. Cobb, Comingo, Cook, Corwin, Cox, Crittenden, Crossland, Crutchfield, John J. Davis, De Witt, Dunnell, Durham, Eden, Eldredge, Finck, Giddings, Glover, Gunckel, Gunter, Hagans, E. Hale, R. S. Hale, R. Hamilton, Hancock, PI. R. Harris, J T. Harris, H. PL Harrison, Hatcher, Havens, Hays, Hereford, Hern don, Holman, Hubbell, Hunter, Hunton, Hyde, Hynes, Kellogg, Knapp, Lamar, Lamison, Leach, B. Lewis, Lofland, Lowndes, Luttrell, Magee, Martin, A. S. McDill, McLean, Merriam, Milliken, Mills, Moore, Morrison, Neal, Nesmith, Nib lack, O'Brien, Or, Packer, H. W. Parker, I. C. Parker, Pelham, Perry, W. W. Phelps, J. H. Piatt, jr., Poland, Potter, Randall, W. H. Ray, Read, W. M. Robbins, E. H. Roberts, W. R. Roberts, J. C. Robinson, M. Sayler, R. Schell, J. G. Schumaker, Scofield, H. J. Scudder, I. W. Scudder, Sener, Sheats, L. D. Shoemaker, Sloan, Sloss, J. A. Smith, Snyder, Speer, .Stanard, Standiford, Stone, Storm, Strait, Strawbridge, Swann, C. Y. Thomas, J. M. Thompson, Thornburgh, Todd, Tremain, R. B. Vance, Waddell, E. Wells, A. White, Whitehead, Whitehouse, Whiteley, Whitthorne, C. W. Willard, Willie, E. K. Wilson, Wolfe, F. Wood, J. D. Young, P. M. B. Young—I48.

Mr. Shanks moved the following as a preamble to the bill:

Whereas, it is essential to just government that we recognize the equality of all men before the law, and hold 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 proper object of legislation to enact fundamental principles into law: Therefore, &c.

Which was agreed to—yeas 218, nays 26, not voting 45:

Yeas—Messrs. Albert, Albright, Archer, Ashe, Atkins, Averill, Banning, Barber, Barrere, Bass, Beck, Begole, Biery, Bland, Bradley, Buckner, Buffinton, Bundy, H. C. Burchard, Burleigh, Burrows, B. F. Butler, R. R. Butler, Cain, Cannon, Carpenter, Cason, Caulfield, Cessna, A. Clark, jr., J. B. Clark, jr., F. Clarke, Clayton, Clements, Clymer, C. L. Cobb, S. A. Cobb, Coburn, Comingo, Conger, Cook, Corwin, Cotton, Cox, Crittenden, Crooke, Crounse, Crutchfield, Curtis, Darrall, Dawes, De< Witt, Dobbins, Donnan, Duell, Dunnell, Durham, Eames, Eden, Field, Fort, Foster, Garfield, Giddings, Glover, Gooch, Gunckel, Gunter, Hagans, E. Hale, R. Hamilton, Harmer, B. W. Harris, H. H. Harrison, Hatcher, Hathorn, Havens, J. B. Hawley, J. R. Hawley, Hays, G. W. Hazelton, J. W. Hazelton, Hendee, Hereford, Herndon, E. R. Hoar, Hodges, Holman, Hooper, Hoskins, Houghton, Howe, Hubbell, Hunter, Hurlbut, Hyde, Hynes, Kasson, Kelley, Kellogg, Lamar, Lamport, Lansing, W. Lawrence, Lawson, Leach, Lofland, Loughridge, Lowe, Lowndes, Magee, Martin, McCrary, A. S. McDill, J. W. McDill, MacDougall, McKee, McNulta, Merriam, Mills, Monroe, M«bore, Morey, Morrison, Myers,.Negley, Niles, C Brien, O'Neill, Orr, Orth, Packard, Packer, Page, H. W. Barker, I. C. Parker, R. C. Parsons, Pelham, Pendleton, Perry, W. A. Phillips, Pierce, Pike, J. H. Piatt, jr., Poland, C. N. Potter, Pratt, Rainey, Randall, Rapier, W. H. Ray, Richmond, W. M. Robbins, E. H. Roberts, W. R. Roberts, J. C. Robinson, J. W. Robinson, S. Ross, Sawyer, H. B. Sayler, Scofield, H. J. Scudder, I. W. Scudder, Sener, Sessions, Shanks, Sheats, Sheldon, L. D. Shoemaker, Sloan, W. B. Small, Smart, A. H. Smith, G. L. Smith, H. B. Smith, J. A. Smith, J. Q. Smith, Snyder, Speer, Sprague, Stanard, Standiford, Starkweather, C. A. Stevens, Storm, Stowell, Strait, Strawbridge, Swann, Sypher, Taylor, C. R. Thomas, C. Y Thomas, J. M. Thompson, Thornburgh, Todd, W. Townsend, Tremain, Tyner, R. B. Vance, Waddell, Waldron, A. S. Wallace, J. D. Ward, M. L. Ward, E. Wells, A. White, Whitehead, Whitehouse, Whiteley, Wilber, G. Willard, C. G. Williams, J. M. S. Williams, W. Williams, J. Wilson, J. M. Wilson, Woodworth—218.

Nays—Messrs. G. M. Adams, Arthur, H. P. Bell, Berry, Blount, Bow en, Bright, Bromberg, J. Y. Brown, J. H. Caldwell, Chittenden, Crossland, John J. Davis, Eldredgt, LLancock, H.

R. Ha?'ris, Hunton, McLean, Milliken, J. W. Nesmith, Read, Schell, Stone, W. B. Williams, E. IC Wilson, J. D. Young— 26.

The previous question being seconded and the main question ordered, the question was taken, and the bill reported from the Committee on the Jndiciary, as amended on motion of Mr. KelLogg, was passed—yeas 162, nays 100, not voting 27, as follows:

Yeas—Messrs. Albert, Albright, Averill, Barber, Barrere, Bass, Begole, Biery, Bradley, Buffinton^ Bundy, H. C. Burchard, Burleigh, Burrows,

B. F. Butler, Cain, Cannon, Carpenter, Cason, Cessna, A. Clark, jr., F. Clarke, Clayton, Clements, S. A. Cobb, Coburn, Conger, Corwin, Cotton, Crooke, Crounse, Curtis, Darrall, Dawes, Dobbins, Donnan, Duell, Dunnell, Eames, Field, Fort, Foster, Garfield, Gooch, Gunckel, Hagans, E. Hale, R. S. Hale, Harmer, B. W. Harris, Hathorn, J. B. Hawley, J. R. Hawley, Hays, G. W. Hazelton, J. W. Hazelton, Hendee, E. R. Hoar, Hodges, Hooper, Hoskins, IToughton, Howe, Hubbell, Hunter, Hurlbut, Hyde, Hynes, Kasson, Kelley, Kellogg, Lamport, Lansing, W.. Lawrence, Lawson, B. Lewis, Loughridge, Lowe, Lynch, Martin, McCrary, A. S. McDill, J. W. McDill, MacDougall, McKee, McNulta, Merriam, Monroe, Moore, Morey, Myers, Negley, Niles, O'Neill, Orr, Orth, Packard, Packer, Page, I. C. Parker, R. C. Parsons, Pelham, Pendleton, W. A. Phillips, Pierce, Pike, J. H. Piatt, jr., Poland, Pratt, Rainey, Rapier, Richmond, E. H. Roberts, J. W. Robinson, S. Ross, Rusk, Sawyer, H. B. Sayler, Scofield, H. J. Scudder, I. W. Scudder, Sessions, Shanks, Sheats, Sheldon, L. D. Shoemaker, W. B. Small, Smart, A. H. Smith, G. L. Smith, H. B. Smith, J. Q. Smith, Snyder, Sprague, Starkweather, C. A. Stevens, Stowell, Strawbridge, Sypher, Taylor,

C. R. Thomas, J. M. Thompson, Todd, W. Townsend, Tremain, Tyner, Waldron, A. S. Wallace, J. D. Ward, M. L. Ward, A. White, Whiteley, Wilber, C. W. Willard, G. Willard, C. G. Williams, J. M. S. Williams, W. Williams, W. B. Williams, J. Wilson, J. M. Wilson, Woodworth—162.

Nays—Messrs. G. M. Adams, Archer, Arthur, Ashe, Atkins, Banning, Beck, H. P. Bell, Berry, Bland, Blount, Bowen, Bright, Bromberg, y. Y. Brown, Bttckner, R. R. Butler, J. H. Caldzvell, Caulfield, Chittenden, J. B. Clark, jr., Clymer, Comingo, Cook, Cox, Crittenden, Crossland, Crutchfield, yohn J. Davis, De Witt, Durham, Eden, Eldredge, Finck, Giddings, Glover, Gtinter, R. Hamilton, Hancock. H. R, Harris, J. 7. LLarris, H. H. Harrison, Hatcher, Hereford, Herndon, Holman, Htmton, Knapp, Lamar, Lamison, Leach, Lofland, Lowndes, Ltittrell, Magee, McLean, Milliken, Mills, Morrison, Neal, Nes7nith. Niblack, O'Brien, H W. Parker, Perry, W. W. Phelps, C. N. Potter* Randall, W. H. Ray, Read, W. M. Rabbins, W. R. Roberts, y C. Robinson, M. Sayler, Schell, y. G. Schttmaker, Sloan, Sloss, J. A. Smith, Speer, Stanard, Standiford, Al. H, Stephens, Stone, Storm, Swann, C. Y. Thomas, Thornburgh, R. B. Vance, Waddell, E. Wells, Whitehead, Whitehouse, Whitthorne, Willie, E. K. Wilson, Wolfe, F. Wood, y. D. Young, P. M. B. Young—100.

Not Voting—Messrs. Barnum, Barry, C. L. Cobb, Creamer, Danford, Farwell, J. C. Freeman, Frye, Havens, G. F, Hoar, Kendall, Killinger, Marshall, Maynard, Mitchell, Nunn, T. C. Piatt, Purman, Ransier, Sener, Sherwood, W. A. Smith, Southard, St. John, Strait, Walls, Wheeler—27.

In Senate.

February 15—Mr. Edmunds reported back the bill from the Committee on the Judiciary to which it had been referred February 6.

February 27—Mr. Thurman's amendment to strike out in section four, line four, the words "or of any State," was disagreed to, yeas 26, nays 40, absent 7:

Yeas—Messrs. Bayard, Bogy, Carpenter, Cooper, Davis, Dennis, Eaton, Ferry of Connecticut, Goldthwaite, Gordon, Hager, Hamilton of Maryland, Hamilton of Texas, Kelly, Lewis, McCreery, Merrimon, Norwood, Ransom, Saulsbury, Schurz, Sprague, Stevenson, Stockton, Thurman, Tipton—26.

Nays—Messrs. Alcorn, Allison, Anthony, Boreman, Boutwell, Cameron of Pa., Chandler, Clayton, Conkling, Conover, Cragin, Dorsey, Edmunds, Ferry of Michigan, Flanagan, Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, Jones of Nev., Logan, Mitchell, Morrill of Vermont, Morton, Oglesby, Patterson, Pease, Pratt, Ramsey, Robertson, Sargent, Scott, Sherman, Spencer, Stewart, Washburn, West, Windom, Wright—40.

Mr. Bayard offered the following amendment, to come in at the end of section four:

That sections 820 and 821 of the Revised Statutes of the United States be, and the same are hereby, repealed.

Which was disagreed to, yeas 25, nays 36, absent 12:

Yeas—Messrs. Alcorn, Bayard, Bogy, Cooper, Davis, Dennis, Eaton, Ferry of Connecticut, Goldthwaite, Gordon, Hager, Hamilton of Maryland, Hamilton of Texas, Kelly, McCreery, Merrimon, Norwood, Ransom, Saulsbury, Schurz, Sprague, Stevenson, Stockton, Thurman, Tipton—25.

Nays—Messrs. Allison, Anthony, Boutwell, Chandler, Clayton, Conkling, Conover, Cragin, Dorsey, Edmunds, Ferry of Michigan, Flanagan, Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, Jones of Nev., Logan, Mitchell, Morrill of Maine, Morrill oT Vermont, Morton, Oglesby, Patterson, Pease, Pratt, Ramsey, Robertson, Scott, Sherman, Spencer, Stewart, Washburn, Windom, Wright

-36.

[These sections refer to qualifications of jurors, and to the oath required of jurors.]

Mr. Thurman moved to insert the words " not more than" after the word "pay" in line seven of section two, which was disagreed to, yeas 22, nays 36, absent 15:

Yeas—Messrs. Bayard, Bogy, Cooper, Davis, Dennis, Eaton, Goldthwaite, Gordon, Hager, Hamilton of Maryland, Hamilton of Texas, Kelly, McCreery, Merrimon, Norwood, Ransom, Salisbury, Schurz, Sprague, Stevenson, Stockton, Thurman—22.

Nays—Messrs. Alcorn, Allison, ^outwell, Chandler, Clayton, Conkling, Conover, Cragin, Dorsey, Edmunds, Ferry of Michigan, Flanagan,

Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, Jones of Nev., Logan, Mitchell, Morrill of Maine, Morrill of Vt., Morton, Oglesby, Patterson, Pease, Pratt, Ramsey, Robertson, Scott, Sherman, Spencer, Stewart, Washburn, West, Windom—36.

The bill was then passed, yeas 38, nays 26, absent 9:

Yeas—Messrs. Alcorn, Allison, Anthony, Boreman, Boutwell, Cameron of Pa., Chandler, Clayton, Conkling, Conover, Cragin, Edmunds, Ferry of Michigan, Flanagan, Frelinghuysen, Harvey, Howe, Ingalls, Jones of Nev., Logan, Mitchell, Morrill of Vt., Morton, Oglesby, Patterson, Pease, Pratt, Ramsey, Robertson, Sargent, Scott, Sherman, Spencer, Stewart, Washburn, West, Windom, Wright—38.

Nays—Messrs. Bayard, Bogy, Carpenter, Cooper, Davis, Dennis, Eaton, Ferry of Connecticut, Goldthwaite, Gordon, Hager, Haviilton of Maryland, Hamilton of Texas, Kelly, Lewis, McCreery, Merri?non, Norwood, Ransom, Saulsbury, Schurz, Sprague, Stevenson, Stockton, Thurman, Tipton—26.

Absent—Messrs. Brownlow, Dorsey, Fenton, Gilbert, Hamlin, Hitchcock, Johnston, Morrill of Maine, Wadleigh—9.

The bill was approved by President Grant, March I, 1875.

Judicial Action Upon It.

1875, March 21—Judge Halmer H. Emmons, U. S. Judge for the Sixth Circuit (Ohio, Michigan, Kentucky and Tennessee), gave the following instructions to the Grand Jury, at the session of the court held in Memphis, Tennessee: [Newspaper Copy.]

It is to be regretted that a question of such exceptional importance, and one which is producing so much excitement, should come before the court in this form. At an early day, however, and during the term, we are compelled by law to decide the matter you lay before us.

The severe penalties imposed by this law upon prosecuting attorneys and other officials will, we are advised, be attempted to be enforced should the grand jury fail to indict, in the assumption that their action will be controlled by such officers unless the court acts. Every consideration makes it a duty to answer your questions at once.

You ask whether it is a crime for which you have a right to find an indictment, that a negro has been denied "the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of the theatres and inns" of the State. Such a denial is not an offense over which Congress can give this court jurisdiction. Those are matters which the State governments alone control.

The parties who think themselves aggrieved can bring their civil action in this court at once. Any decision we may then make can be reviewed by the supreme court.

In ordinary circumstances, this brief reply is all which we should make. It is all which, as a very general rule, the proprieties of such occasions authorize. But such are the exceptional conditions which attend these complaints before you, and such the excited condition of those classes whom the law was intended to affect, that after much hesitation we have yielded to an earnest request to state in a simple and untechnical form the reason upon which our advice rests. To do this successfully, in haste and without preparation, is still more difficult for a judge than to treat the matter technically when addressing the judicial and professional mind.

Until the three recent amendments to the national constitution, which abolished slavery and attempted to protect the civil and political rights of the freedmen, all parties conceded that the federal government had no power whatever to resl rain such an offense as this. The punishment of murder, arson, assaults and batteries, trespasses, frauds, injuries to reputation, of obstructions to the right of attending church, public schools, theatres, and forcing the right of being accommodated in inns, and by common carriers within the State, were matters not only not granted to the general government, but in the the constitution itself expressly reserved to the States. The vast mass of civil and political rights included in the compendious phrase, the right to " life, liberty, and the pursuit of happiness," rested entirely under State protection. To this familiar and unquestioned truism, there was universal assent then and is now. The only question presented for judicial determination is, have these amendments completely revolutionized the whole character of our government; because it is entirely evident that if Congress has the power of regulating the theaters and "other places of amusement" in Memphis and other cities of the Union, this necessarily involves the power of protecting the more sacred and important rights of the colored citizen.

The thirteenth amendment abolished slavery only: it did no more. It gave the freedman no right of protection from the federal government superior to that of his white fellow-citizens, and no exemption from the power of State control which might be exercised against others. The right of legislation secured to Congress in the amendment was that only of creating penalties for a violation of its provisions, and to provide securities against the re-establishment of slavery, either generally or in particular instances. It accords no more authority to enact that he should have the right to vote, to testify, to make contracts, to hold real estate, exercise trades, attend public schools, or any other matter or thing within the limits of a State, than it does to enact the same thing in reference to white men. The utmost effect of this great provision in our constitution was to make the colored man a citizen, equal before the laws with the race which had enslaved him. For this purpose the fourteenth amendment was by no means necessary. So far as the control of Congress is concerned, the States were still free to legislate in reference to what persons should attend theaters, be accommodated at inns, or be transported by common carriers within the States. As an illustration of unquestioned local State power anterior to this amendment, we suggest a fact in the history of the State of Michigan: By the voice of the people, it three times denied the colored race, though taxed, the right of voting. The Supreme Court of that State sustained as lawful the action of a steamboat master excluding

a colored person from the steamer's cabin, compelling him to take passage on the deck. These judges were high-toned gentlemen, of far more than ordinary legal culture and ability, and elected to their places by a then strongly predominant anti-slavery party in the State. They sustained the action of the carrier, as a wholesome police regulation, calculated, in view of our American education and prejudices, to secure peace and harmony in that department of commerce and business under his control. It was deemed injudicious that the law should interfere with his action. The State Legislature, also overwhelmingly anti-slavery in sentiment, might have changed this rule, but refused to do so. Against this action, political and judicial, a large and influential portion of the people earnestly struggled and protested. But all understood, from the numerous rulings of the supreme court, there was no power in Congress to interfere with the decision of the judges and the people of the State. Like conditions, in a greater or less degree, characterized nearly every free State in the Union. A nearly similar judgment, arising upon facts since the amendment, has recently been pronounced by the learned judge of the-superior court of Cleveland, O., in which he ruled that the manager of a theater might lawfully exclude from the dress circle a colored person of never so much respectability. It would seem to be clear that the abolition of slavery placed the negro in the former States just where he had before stood in the free States. What Congress could not do in reference to a free negro in a northern State, where slavery never existed, before the abolition of slavery, it could not afterward do in regard to one living in the South. We conclude with confidence that the thirteenth amendment did not authorize Congress to interfere with the private and internal regulations of theater managers, hotel keepers, or common carriers within the State, in reference to colored persons, any more than it did in regard to their white fellow-citizens.

It will simplify the subject, before considering the fourteenth amendment, to say that the clauses forbidding the "States to deprive any person of life, liberty, or property, without due process of law, or deny to any person the equal protection of the laws," have no .application to this subject. They are intended solely to prevent the arbitrary transfer of property from citizen to citizen without legal adjudication or process, and to prevent the establishment of tribunals for one class of persons varying from those which determine the rights of all. These inhibitions, too, beyond all controversy, are aimed at the action of the State only, and have no reference to individuals.

The only provision of the fourteeenth amendment which affects this question is that which provides that "no State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States." It would be as useless as it would be improper, in view of the authoritative judgment of the court of last resort, to do more than to explain just what it announces. In what.are known as the Slaughterhouse cases (16th Wallace) two points were established. First, that this clause prohibited the action of the State alone, and gave Congress no power to legislate against the wrongs and personal