[* Col. Ingersoll entertains very pronounced ideasconcerning President Arthur, Attorney-General Brewster anddivers other people, which will be found presented herewithin characteristically piquant style. With his family, theeloquent advocate has a cottage here, and finds brain andbody rest and refreshment in the tumbling waves. This noon,in the height of a tremendous thunder storm, I bumpedagainst his burly figure in the roaring crest, and, afterthe first shock had passed, determined to utilize theprovidential coincidence. The water was warm, our clotheswere in the bathing houses, and comfort was more certainwhere we were than anywhere else. The Colonel is an expertswimmer and as a floater he cannot be beaten. He wasfloating when we bumped. Spouting a pint of salt water fromhis mouth, he nearly choked with laughter as in answer to myquestion he said:]
No, I do not believe there will be any more Star Route trials. There is so much talk about the last one, there will not be time for another.
Question. Did you anticipate a verdict?
Answer. I did anticipate a verdict, and one of acquittal. I knew that the defendants were entitled to such a verdict. I knew that the Government had signally failed to prove a case. There was nothing but suspicion, from which malice was inferred. The direct proof was utterly unworthy of belief. The direct witness was caught with letters he had forged. This one fact was enough to cover the prosecution with confusion. The fact that Rerdell sat with the other defendants and reported to the Government from day to day satisfied the jury as to the value of his testimony, and the animus of the Department of Justice. Besides, Rerdell had offered to challenge such jurors as the Government might select. He handed counsel for defendants a list of four names that he wanted challenged. At that time it was supposed that each defendant would be allowed to challenge four jurors. Afterward the Court decided that all the defendants must be considered as one party and had the right to challenge four and no more. Of the four names on Rerdell's list the Government challenged three and Rerdell tried to challenge the other. This was what is called a coincidence. Another thing had great influence with the jury—the evidence of the defendants was upon all material points so candid and so natural, so devoid of all coloring, that the jury could not help believing. If the people knew the evidence they would agree with the jury. When we remember that there were over ten thousand star routes, it is not to be wondered at that some mistakes were made—that in some instances too much was paid and in others too little.
Question. What has been the attitude of President Arthur?
Answer. We asked nothing from the President. We wanted no help from him. We expected that he would take no part—that he would simply allow the matter to be settled by the court in the usual way. I think that he made one very serious mistake. He removed officers on false charges without giving them a hearing. He deposed Marshal Henry because somebody said that he was the friend of the defendants. Henry was a good officer and an honest man. The President removed Ainger for the same reason. This was a mistake. Ainger should have been heard. There is always time to do justice. No day is too short for justice, and eternity is not long enough to commit a wrong. It was thought that the community could be terrorized:—
First. The President dismissed Henry and Ainger.
Second. The Attorney-General wrote a letter denouncing the defendants as thieves and robbers.
Third. Other letters from Bliss and MacVeagh were published.
Fourth. Dixon, the foreman of the first jury, was indicted.
Fifth. Members of the first jury voting "guilty" were in various ways rewarded.
Sixth. Bargains were made with Boone and Rerdell. The cases against Boone were to be dismissed and Rerdell was promised immunity. Under these circumstances the second trial commenced. But of all the people in this country the citizens of Washington care least for Presidents and members of the Cabinets. They know what these officers are made of. They know that they are simply folks—that they do not hold office forever—that the Jupiters of to-day are often the pygmies of to-morrow. They have seen too many people come in with trumpets and flags and go out with hisses and rags to be overawed by the deities of a day. They have seen Lincoln and they are not to be frightened by his successors. Arthur took part to the extent of turning out men suspected of being friendly to the defence. Arthur was in a difficult place. He was understood to be the friend of Dorsey and, of course, had to do something. Nothing is more dangerous than a friend in power. He is obliged to show that he is impartial, and it always takes a good deal of injustice to establish a reputation for fairness.
Question. Was there any ground to expect aid or any different action on Arthur's part?
Answer. All we expected was that Arthur would do as the soldier wanted the Lord to do at New Orleans—"Just take neither side."
Question. Why did not Brewster speak?
Answer. The Court would not allow two closings. The Attorney- General did not care to speak in the "middle." He wished to close, and as he could not do that without putting Mr. Merrick out, he concluded to remain silent. The defendants had no objection to his speaking, but they objected to two closing arguments for the Government, and the Court decided they were right. Of course, I understand nothing about the way in which the attorneys for the prosecution arranged their difficulties. That was nothing to me; neither do I care what money they received—all that is for the next Congress. It is not for me to speak of those questions.
Question. Will there be other trials?
Answer. I think not. It does not seem likely that other attorneys will want to try, and the old ones have. My opinion is that we have had the last of the Star Route trials. It was claimed that the one tried was the strongest. If this is so the rest had better be dismissed. I think the people are tired of the whole business. It now seems probable that all the time for the next few years will be taken up in telling about the case that was tried. I see that Cook is telling about MacVeagh and James and Brewster and Bliss; Walsh is giving his opinion of Kellogg and Foster; Bliss is saying a few words about Cook and Gibson; Brewster is telling what Bliss told him; Gibson will have his say about Garfield and MacVeagh, and it now seems probable that we shall get the bottom facts about the other jury—the actions of Messrs. Hoover, Bowen, Brewster Cameron and others. Personally I have no interest in the business.
Question. How does the next campaign look?
Answer. The Republicans are making all the mistakes they can, and the only question now is, Can the Democrats make more? The tariff will be one of the great questions, and may be the only one except success. The Democrats are on both sides of the question. They hate to give up the word "only." Only for that word they might have succeeded in 1880. If they can let "only" alone, and say they want "a tariff for revenue" they will do better. The fact is the people are not in favor of free trade, neither do they want a tariff high enough to crush a class, but they do want a tariff to raise a revenue and to protect our industries. I am for protection because it diversifies industries and develops brain—allows us to utilize all the muscle and brain we have. A party attacking the manufacturing interests of this country will fail. There are too many millions of dollars invested and too many millions of people interested. The country is becoming alike interested in this question. We are no longer divided, as in slavery times, into manufacturing and agricultural districts or sections. Georgia, Alabama, Tennessee, Louisiana and Texas have manufacturing interests. And the Western States believe in the protection of their industries. The American people have a genius for manufacturing, a genius for invention. We are not the greatest painters or sculptors or scientists, but we are without doubt the greatest inventors. If we were all engaged in one business we would become stupid. Agricultural countries produce great wealth, but are never rich. To get rich it is necessary to mix thought with labor. To raise the raw material is a question of strength; to manufacture, to put it in useful and beautiful forms, is a question of mind. There is a vast difference between the value of, say, a milestone and a statue, and yet the labor expended in getting the raw material is about the same. The point, after all, is this: First, we must have revenue; second, shall we get this by direct taxation or shall we tax imports and at the same time protect American labor? The party that advocates reasonable protection will succeed.*
[* At this point, with far away peals of thunder, the stormceased, the sun reappeared and a vault of heavenly blueswung overhead. "Let us get out," said Colonel Ingersoll.Suiting the action to the word, the Colonel struck outlustily for the beach, on which, hard as a rock and firm asflint, he soon planted his sturdy form. And as he lumberedacross the sand to the side door of his comfortable cottage,some three hundred feet from the surf, the necessarilysuggested contrast between Ingersoll in court and Ingersollin soaked flannels was illustrated with forcible comicality.Half an hour later he was found in the cozy library puffinga high flavored Havana, and listening to home-made music ofdelicious quality. Ingersoll at home is pleasant tocontemplate. His sense of personal freedom is there aptlypictured. Loving wife and affectionate daughters form, withhappy-faced and genial-hearted father, a model circle intowhich friends deem it a privilege to enter and a pleasure toremain.Continuing the conversation, ]
Question. In view of all this, where do you think the presidential candidate will come from?
Answer. From the West.
Question. Why so?
Answer. The South and East must compromise. Both can trust the West. The West represents the whole country. There is no provincialism in the West. The West is not old enough to have the prejudice of section; it is too prosperous to have hatred, too great to feel envy.
Question. You do not seem to think that Arthur has a chance?
Answer. No Vice-President was ever made President by the people. It is natural to resent the accident that gave the Vice-President the place. They regard the Vice-President as children do a stepmother. He is looked upon as temporary—a device to save the election—a something to stop a gap—a lighter—a political raft. He holds the horse until another rider is found. People do not wish death to suggest nominees for the presidency. I do not believe it will be possible for Mr. Arthur, no matter how well he acts, to overcome this feeling. The people like a new man. There is some excitement in the campaign, and besides they can have the luxury of believing that the new man is a great man.
Question. Do you not think Arthur has grown and is a greater man than when he was elected?
Answer. Arthur was placed in very trying circumstances, and, I think, behaved with great discretion. But he was Vice-President, and that is a vice that people will not pardon.
Question. How do you regard the situation in Ohio?
Answer. I hear that the Republicans are attacking Hoadly, saying that he is an Infidel. I know nothing about Mr. Hoadly's theological sentiments, but he certainly has the right to have and express his own views. If the Republicans of Ohio have made up their minds to disfranchise the Liberals, the sooner they are beaten the better. Why should the Republican party be so particular about religious belief? Was Lincoln an orthodox Christian? Were the founders of the party—the men who gave it heart and brain—conspicuous for piety? Were the abolitionists all believers in the inspiration of the Bible? Is Judge Hoadly to be attacked because he exercises the liberty that he gives to others? Has not the Republican party trouble enough with the spirituous to let the spiritual alone? If the religious issue is made, I hope that the party making it will be defeated. I know nothing about the effect of the recent decision of the Supreme Court of Ohio. It is a very curious decision and seems to avoid the Constitution with neatness and despatch. The decision seems to rest on the difference between the words tax and license—I. e., between allowing a man to sell whiskey for a tax of one hundred dollars or giving him a license to sell whiskey and charging him one hundred dollars. In this, the difference is in the law instead of the money. So far all the prohibitory legislation on the liquor question has been a failure. Beer is victorious, and Gambrinus now has Olympus all to himself. On his side is the "bail"—
Question. But who will win?
Answer. The present indications are favorable to Judge Hoadly. It is an off year. The Ohio leaders on one side are not in perfect harmony. The Germans are afraid, and they generally vote the Democratic ticket when in doubt. The effort to enforce the Sunday law, to close the gardens, to make one day in the week desolate and doleful, will give the Republicans a great deal of hard work.
Question. How about Illinois?
Answer. Republican always. The Supreme Court of Illinois has just made a good decision. That Court decided that a contract made on Sunday can be enforced. In other words, that Sunday is not holy enough to sanctify fraud. You can rely on a State with a Court like that. There is very little rivalry in Illinois. I think that General Oglesby will be the next Governor. He is one of the best men in that State or any other.
Question. What about Indiana?
Answer. In that State I think General Gresham is the coming man. He was a brave soldier, an able, honest judge, and he will fill with honor any position he may be placed in. He is an excellent lawyer, and has as much will as was ever put in one man. McDonald is the most available man for the Democrats. He is safe and in every respect reliable. He is without doubt the most popular man in his party.
Question. Well, Colonel, what are you up to?
Answer. Nothing. I am surrounded by sand, sea and sky. I listen to music, bathe in the surf and enjoy myself. I am wondering why people take interest in politics; why anybody cares about anything; why everybody is not contented; why people want to climb the greased pole of office and then dodge the brickbats of enemies and rivals; why any man wishes to be President, or a member of Congress, or in the Cabinet, or do anything except to live with the ones he loves, and enjoy twenty-four hours every day. I wonder why all New York does not come to Long Beach and hear Schreiner's Band play the music of Wagner, the greatest of all composers. Finally, in the language of Walt Whitman, "I loaf and invite my soul."
—The Herald, New York, July 1, 1883.
Answer. I believe that James Redpath claims to have invented the "interview." This system opens all doors, does away with political pretence, batters down the fortifications of dignity and official importance, pulls masks from solemn faces, compels everybody to show his hand. The interviewer seems to be omnipresent. He is the next man after the accident. If a man should be blown up he would likely fall on an interviewer. He is the universal interrogation point. He asks questions for a living. If the interviewer is fair and honest he is useful, if the other way, he is still interesting. On the whole, I regard the interviewer as an exceedingly important person. But whether he is good or bad, he has come to stay. He will interview us until we die, and then ask the "friends" a few questions just to round the subject off.
Question. What do you think of the tendency of newspapers is at present?
Answer. The papers of the future, I think, will be "news" papers. The editorial is getting shorter and shorter. The paragraphist is taking the place of the heavy man. People rather form their own opinions from the facts. Of course good articles will always find readers, but the dreary, doleful, philosophical dissertation has had its day. The magazines will fall heir to such articles; then religious weeklies will take them up, and then they will cease altogether.
Question. Do you think the people lead the newspapers, or do the newspapers lead them?
Answer. The papers lead and are led. Most papers have for sale what people want to buy. As a rule the people who buy determine the character of the thing sold. The reading public grow more discriminating every year, and, as a result, are less and less "led." Violent papers—those that most freely attack private character—are becoming less hurtful, because they are losing their own reputations. Evil tends to correct itself. People do not believe all they read, and there is a growing tendency to wait and hear from the other side.
Question. Do newspapers to-day exercise as much influence as they did twenty-five years ago?
Answer. More, by the facts published, and less, by editorials. As we become more civilized we are governed less by persons and more by principles—less by faith and more by fact. The best of all leaders is the man who teaches people to lead themselves.
Question. What would you define public opinion to be?
Answer. First, in the widest sense, the opinion of the majority, including all kinds of people. Second, in a narrower sense, the opinion of the majority of the intellectual. Third, in actual practice, the opinion of those who make the most noise. Fourth, public opinion is generally a mistake, which history records and posterity repeats.
Question. What do you regard as the result of your lectures?
Answer. In the last fifteen years I have delivered several hundred lectures. The world is growing more and more liberal every day. The man who is now considered orthodox, a few years ago would have been denounced as an Infidel. People are thinking more and believing less. The pulpit is losing influence. In the light of modern discovery the creeds are growing laughable. A theologian is an intellectual mummy, and excites attention only as a curiosity. Supernatural religion has outlived its usefulness. The miracles and wonders of the ancients will soon occupy the same tent. Jonah and Jack the Giant Killer, Joshua and Red Riding Hood, Noah and Neptune, will all go into the collection of the famous Mother Hubbard.
—The Morning Journal, New York, July 3, 1883.
Answer. In Ohio prohibition did more harm to the Republican chances than anything else. The Germans hold the Republicans responsible. The German people believe in personal liberty. They came to America to get it, and they regard any interference in the manner or quantity of their food and drink as an invasion of personal rights. They claim they are not questions to be regulated by law, and I agree with them. I believe that people will finally learn to use spirits temperately and without abuse, but teetotalism is intemperance in itself, which breeds resistance, and without destroying the rivulet of the appetite only dams it and makes it liable to break out at any moment. You can prevent a man from stealing by tying his hands behind him, but you cannot make him honest. Prohibition breeds too many spies and informers, and makes neighbors afraid of each other. It kills hospitality. Again, the Republican party in Ohio is endeavoring to have Sunday sanctified by the Legislature. The working people want freedom on Sunday. They wish to enjoy themselves, and all laws now making to prevent innocent amusement, beget a spirit of resentment among the common people. I feel like resenting all such laws, and unless the Republican party reforms in that particular, it ought to be defeated. I regard those two things as the principal causes of the Republican party's defeat in Ohio.
Question. Do you believe that the Democratic success was due to the possession of reverse principles?
Answer. I do not think that the Democratic party is in favor of liberty of thought and action in these two regards, from principle, but rather from policy. Finding the course pursued by the Republicans unpopular, they adopted the opposite mode, and their success is a proof of the truth of what I contend. One great trouble in the Republican party is bigotry. The pulpit is always trying to take charge. The same thing exists in the Democratic party to a less degree. The great trouble here is that its worst element—Catholicism —is endeavoring to get control.
Question. What causes operated for the Republican success in Iowa?
Answer. Iowa is a prohibition State and almost any law on earth as against anything to drink, can be carried there. There are no large cities in the State and it is much easier to govern, but even there the prohibition law is bound to be a failure. It will breed deceit and hypocrisy, and in the long run the influence will be bad.
Question. Will these two considerations cut any figure in the presidential campaign of 1884?
Answer. The party, as a party, will have nothing to do with these questions. These matters are local. Whether the Republicans are successful will depend more upon the country's prosperity. If things should be generally in pretty good shape in 1884, the people will allow the party to remain in power. Changes of administration depend a great deal on the feeling of the country. If crops are bad and money is tight, the people blame the administration, whether it is responsible or not. If a ship going down the river strikes a snag, or encounters a storm, a cry goes up against the captain. It may not have been his fault, but he is blamed, all the same, and the passengers at once clamor for another captain. So it is in politics.
If nothing interferes between this and 1884, the Republican party will continue. Otherwise it will be otherwise. But the principle of prosperity as applied to administrative change is strong. If the panic of 1873 had occurred in 1876 there would have been no occasion for a commission to sit on Tilden. If it had struck us in 1880, Hancock would have been elected. Neither result would have its occasion in the superiority of the Democratic party, but in the belief that the Republican party was in some vague way blamable for the condition of things, and there should be a change. The Republican party is not as strong as it used to be. The old leaders have dropped out and no persons have yet taken their places. Blaine has dropped out, and is now writing a book. Conkling dropped out and is now practicing law, and so I might go on enumerating leaders who have severed their connection with the party and are no longer identified with it.
Question. What is your opinion regarding the Republican nomination for President?
Answer. My belief is that the Republicans will have to nominate some man who has not been conspicuous in any faction, and upon whom all can unite. As a consequence he must be a new man. The Democrats must do the same. They must nominate a new man. The old ones have been defeated so often that they start handicapped with their own histories, and failure in the past is very poor raw material out of which to manufacture faith for the future. My own judgment is that for the Democrats, McDonald is as strong a man as they can get. He is a man of most excellent sense and would be regarded as a safe man. Tilden? He is dead, and he occupies no stronger place in the general heart than a graven image. With no magnetism, he has nothing save his smartness to recommend him.
Question. What are your views, generally expressed, on the tariff?
Answer. There are a great many Democrats for protection and a great many for so-called free trade. I think the large majority of American people favor a reasonable tariff for raising our revenue and protecting our manufactures. I do not believe in tariff for revenue only, but for revenue and protection. The Democrats would have carried the country had they combined revenue and incidental protection.
Question. Are they rectifying the error now?
Answer. I believe they are, already. They will do it next fall. If they do not put it in their platform they will embody it in their speeches. I do not regard the tariff as a local, but a national issue, notwithstanding Hancock inclined to the belief that it was the former.
—The Times, Chicago, Illinois, October 13, 1883.
Question. What is your explanation of the Republican disaster last Tuesday?
Answer. Too much praying and not enough paying, is my explanation of the Republican defeat.
First. I think the attempt to pass the Prohibition Amendment lost thousands of votes. The people of this country, no matter how much they may deplore the evils of intemperance, are not yet willing to set on foot a system of spying into each other's affairs. They know that prohibition would need thousands of officers—that it would breed informers and spies and peekers and skulkers by the hundred in every county. They know that laws do not of themselves make good people. Good people make good laws. Americans do not wish to be temperate upon compulsion. The spirit that resents interference in these matters is the same spirit that made and keeps this a free country. All this crusade and prayer-meeting business will not do in politics. We must depend upon the countless influences of civilization, upon science, art, music—upon the softening influences of kindness and argument. As life becomes valuable people will take care of it. Temperance upon compulsion destroys something more valuable than itself—liberty. I am for the largest liberty in all things.
Second. The Prohibitionists, in my opinion, traded with Democrats. The Democrats were smart enough to know that prohibition could not carry, and that they could safely trade. The Prohibitionists were insane enough to vote for their worst enemies, just for the sake of polling a large vote for prohibition, and were fooled as usual.
Thirdly. Certain personal hatreds of certain Republican politicians. These were the causes which led to Republican defeat in Ohio.
Question. Will it necessitate the nomination of an Ohio Republican next year?
Answer. I do not think so. Defeat is apt to breed dissension, and on account of that dissension the party will have to take a man from some other State. One politician will say to another, "You did it," and another will reply, "You are the man who ruined the party." I think we have given Ohio her share; certainly she has given us ours.
Question. Will this reverse seriously affect Republican chances next year?
Answer. If the country is prosperous next year, if the crops are good, if prices are fair, if Pittsburg is covered with smoke, if the song of the spindle is heard in Lowell, if stocks are healthy, the Republicans will again succeed. If the reverse as to crops and forges and spindles, then the Democrats will win. It is a question of "chich-bugs," and floods and drouths.
Question. Who, in your judgment, would be the strongest man the Republicans could put up?
Answer. Last year I thought General Sherman, but he has gone to Missouri, and now I am looking around. The first day I find out I will telegraph you.
—The Democrat, Dayton, Ohio, October 15, 1883.
Question. What do you think of the recent opinion of the Supreme Court touching the rights of the colored man?
Answer. I think it is all wrong. The intention of the framers of the amendment, by virtue of which the law was passed, was that no distinction should be made in inns, in hotels, cars, or in theatres; in short, in public places, on account of color, race, or previous condition. The object of the men who framed that amendment to the Constitution was perfectly clear, perfectly well known, perfectly understood. They intended to secure, by an amendment to the fundamental law, what had been fought for by hundreds of thousands of men. They knew that the institution of slavery had cost rebellion; the also knew that the spirit of caste was only slavery in another form. They intended to kill that spirit. Their object was that the law, like the sun, should shine upon all, and that no man keeping a hotel, no corporation running cars, no person managing a theatre should make any distinction on account of race or color. This amendment is above all praise. It was the result of a moral exaltation, such as the world never before had seen. There were years during the war, and after, when the American people were simply sublime; when their generosity was boundless; when they were willing to endure any hardship to make this an absolutely free country.
This decision of the Supreme Court puts the best people of the colored race at the mercy of the meanest portion of the white race. It allows a contemptible white man to trample upon a good colored man. I believe in drawing a line between good and bad, between clean and unclean, but I do not believe in drawing a color line which is as cruel as the lash of slavery.
I am willing to be on an equality in all hotels, in all cars, in all theatres, with colored people. I make no distinction of race. Those make the distinction who cannot afford not to. If nature has made no distinction between me and some others, I do not ask the aid of the Legislature. I am willing to associate with all good, clean persons, irrespective of complexion.
This decision virtually gives away one of the great principles for which the war was fought. It carries the doctrine of "State Rights" to the Democratic extreme, and renders necessary either another amendment or a new court.
I agree with Justice Harlan. He has taken a noble and patriotic stand. Kentucky rebukes Massachusetts! I am waiting with some impatience—impatient because I anticipate a pleasure—for his dissenting opinion. Only a little while ago Justice Harlan took a very noble stand on the Virginia Coupon cases, in which was involved the right of a State to repudiate its debts. Now he has taken a stand in favor of the civil rights of the colored man; and in both instances I think he is right.
This decision may, after all, help the Republican party. A decision of the Supreme Court aroused the indignation of the entire North, and I hope the present decision will have a like effect. The good people of this country will not be satisfied until every man beneath the flag, without the slightest respect to his complexion, stands on a perfect equality before the law with every other. Any government that makes a distinction on account of color, is a disgrace to the age in which we live. The idea that a man like Frederick Douglass can be denied entrance to a car, that the doors of a hotel can be shut in his face; that he may be prevented from entering a theatre; the idea that there shall be some ignominious corner into which such a man can be thrown simply by a decision of the Supreme Court! This idea is simply absurd.
Question. What remains to be done now, and who is going to do it?
Answer. For a good while people have been saying that the Republican party has outlived its usefulness; that there is very little difference now between the parties; that there is hardly enough left to talk about. This decision opens the whole question. This decision says to the Republican party, "Your mission is not yet ended. This is not a free country. Our flag does not protect the rights of a human being." This decision is the tap of a drum. The old veterans will fall into line. This decision gives the issue for the next campaign, and it may be that the Supreme Court has builded wiser than it knew. This is a greater question than the tariff or free trade. It is a question of freedom, of human rights, of the sacredness of humanity.
The real Americans, the real believers in Liberty, will give three cheers for Judge Harlan.
One word more. The Government is bound to protect its citizens, not only when they are away from home, but when they are under the flag. In time of war the Government has a right to draft any citizen; to put that citizen in the line of battle, and compel him to fight for the nation. If the Government when imperiled has the right to compel a citizen, whether white or black, to defend with his blood the flag, that citizen, when imperiled, has the right to demand protection from the Nation. The Nation cannot then say, "You must appeal to your State." If the citizen must appeal to the State for redress, then the citizen should defend the State and not the General Government, and the doctrine of State Rights then becomes complete.
—The National Republican, Washington, D. C., October 17, 1883.
Question. What do you think of Justice Harlan's dissenting opinion in the Civil Rights case?
Answer. I have just read it and think it admirable in every respect. It is unanswerable. He has given to words their natural meaning. He has recognized the intention of the framers of the recent amendments. There is nothing in this opinion that is strained, insincere, or artificial. It is frank and manly. It is solid masonry, without crack or flaw. He does not resort to legal paint or putty, or to verbal varnish or veneer. He states the position of his brethren of the bench with perfect fairness, and overturns it with perfect ease. He has drawn an instructive parallel between the decisions of the olden time, upholding the power of Congress to deal with individuals in the interests of slavery, and the power conferred on Congress by the recent amendments. He has shown by the old decisions, that when a duty is enjoined upon Congress, ability to perform it is given; that when a certain end is required, all necessary means are granted. He also shows that the Fugitive Slave Acts of 1793 and of 1850, rested entirely upon the implied power of Congress to enforce a master's rights; and that power was once implied in favor of slavery against human rights, and implied from language shadowy, feeble and uncertain when compared with the language of the recent amendments. He has shown, too, that Congress exercised the utmost ingenuity in devising laws to enforce the master's claim. Implication was held ample to deprive a human being of his liberty, but to secure freedom, the doctrine of implication is abandoned. As a foundation for wrong, implication was their rock. As a foundation for right, it is now sand. Implied power then was sufficient to enslave, while power expressly given is now impotent to protect.
Question. What do you think of the use he has made of the Dred Scott decision?
Answer. Well, I think he has shown conclusively that the present decision, under the present circumstances, is far worse than the Dred Scott decision was under the then circumstances. The Dred Scott decision was a libel upon the best men of the Revolutionary period. That decision asserted broadly that our forefathers regarded the negroes as having no rights which white men were bound to respect; that the negroes were merely merchandise, and that that opinion was fixed and universal in the civilized portion of the white race, and that no one thought of disputing it. Yet Franklin contended that slavery might be abolished under the preamble of the Constitution. Thomas Jefferson said that if the slave should rise to cut the throat of his master, God had no attribute that would side against the slave. Thomas Paine attacked the institution with all the intensity and passion of his nature. John Adams regarded the institution with horror. So did every civilized man, South and North.
Justice Harlan shows conclusively that the Thirteenth Amendment was adopted in the light of the Dred Scott decision; that it overturned and destroyed, not simply the decision, but the reasoning upon which it was based; that it proceeded upon the ground that the colored people had rights that white men were bound to respect, not only, but that the Nation was bound to protect. He takes the ground that the amendment was suggested by the condition of that race, which had been declared by the Supreme Court of the United States to have no rights which white men were bound to respect; that it was made to protect people whose rights had been invaded, and whose strong arms had assisted in the overthrow of the Rebellion; that it was made for the purpose of putting these men upon a legal authority with white citizens.
Justice Harland also shows that while legislation of Congress to enforce a master's right was upheld by implication, the rights of the negro do not depend upon that doctrine; that the Thirteenth Amendment does not rest upon implication, or upon inference; that by its terms it places the power in Congress beyond the possibility of a doubt—conferring the power to enforce the amendment by appropriate legislation in express terms; and he also shows that the Supreme Court has admitted that legislation for that purpose may be direct and primary. Had not the power been given in express terms, Justice Harlan contends that the sweeping declaration that neither slavery nor involuntary servitude shall exist would by implication confer the power. He also shows conclusively that, under the Thirteenth Amendment, Congress has the right by appropriate legislation to protect the colored people against the deprivation of any right on account of their race, and that Congress is not necessarily restricted, under the Thirteenth Amendment, to legislation against slavery as an institution, but that power may be exerted to the extent of protecting the race from discrimination in respect to such rights as belong to freemen, where such discrimination is based on race or color.
If Justice Harlan is wrong the amendments are left without force and Congress without power. No purpose can be assigned for their adoption. No object can be guessed that was to be accomplished. They become words, so arranged that they sound like sense, but when examined fall meaninglessly apart. Under the decision of the Supreme Court they are Quaker cannon—cloud forts—"property" for political stage scenery—coats of mail made of bronzed paper— shields of gilded pasteboard—swords of lath.
Question. Do you wish to say anything as to the reasoning of Justice Harlan on the rights of colored people on railways, in inns and theatres?
Answer. Yes, I do. That part of the opinion is especially strong. He shows conclusively that a common carrier is in the exercise of a sort of public office and has public duties to perform, and that he cannot exonerate himself from the performance of these duties without the consent of the parties concerned. He also shows that railroads are public highways, and that the railway company is the agent of the State, and that a railway, although built by private capital, is just as public in its nature as though constructed by the State itself. He shows that the railway is devoted to public use, and subject to be controlled by the State for the public benefit, and that for these reasons the colored man has the same rights upon the railway that he has upon the public highway.
Justice Harlan shows that the same law is applicable to inns that is applicable to railways; that an inn-keeper is bound to take all travelers if he can accommodate them; that he is not to select his guests; that he has not right to say to one "you may come in," and to another "you shall not;" that every one who conducts himself in a proper manner has a right to be received. He shows conclusively that an inn-keeper is a sort of public servant; that he is in the exercise of aquasipublic employment, that he is given special privileges, and charged with duties of a public character.
As to theatres, I think his argument most happy. It is this: Theatres are licensed by law. The authority to maintain them comes from the public. The colored race being a part of the public, representing the power granting the license, why should the colored people license a manager to open his doors to the white man and shut them in the face of the black man? Why should they be compelled to license that which they are not permitted to enjoy? Justice Harlan shows that Congress has the power to prevent discrimination on account of race or color on railways, at inns, and in places of public amusements, and has this power under the Thirteenth Amendment.
In discussing the Fourteenth Amendment, Justice Harlan points out that a prohibition upon a State is not a power in Congress or the National Government, but is simply a denial of power to the State; that such was the Constitution before the Fourteenth Amendment. He shows, however, that the Fourteenth Amendment presents the first instance in our history of the investiture of Congress with affirmative power by legislation to enforce an express prohibition upon the States. This is an important point. It is stated with great clearness, and defended with great force. He shows that the first clause of the first section of the Fourteenth Amendment is of a distinctly affirmative character, and that Congress would have had the power to legislate directly as to that section simply by implication, but that as to that as well as the express prohibitions upon the States, express power to legislate was given.
There is one other point made by Justice Harlan which transfixes as with a spear the decision of the Court. It is this: As soon as the Thirteenth and Fourteenth Amendments were adopted the colored citizen was entitled to the protection of section two, article four, namely: "The citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States." Now, suppose a colored citizen of Mississippi moves to Tennessee. Then, under the section last quoted, he would immediately become invested with all the privileges and immunities of a white citizen of Tennessee. Although denied these privileges and immunities in the State from which he emigrated, in the State to which he immigrates he could not be discriminated against on account of his color under the second section of the fourth article. Now, is it possible that he gets additional rights by immigration? Is it possible that the General Government is under a greater obligation to protect him in a State of which he is not a citizen than in a State of which he is a citizen? Must he leave home for protection, and after he has lived long enough in the State to which he immigrates to become a citizen there, must he again move in order to protect his rights? Must one adopt the doctrine of peripatetic protection—the doctrine that the Constitution is good onlyin transitu, and that when the citizen stops, the Constitution goes on and leaves him without protection?
Justice Harlan shows that Congress had the right to legislate directly while that power was only implied, but that the moment this power was conferred in express terms, then according to the Supreme Court, it was lost.
There is another splendid definition given by Justice Harlan—a line drawn as broad as the Mississippi. It is the distinction between the rights conferred by a State and rights conferred by the Nation. Admitting that many rights conferred by a State cannot be enforced directly by Congress, Justice Harlan shows that rights granted by the Nation to an individual may be protected by direct legislation. This is a distinction that should not be forgotten, and it is a definition clear and perfect.
Justice Harlan has shown that the Supreme Court failed to take into consideration the intention of the framers of the amendment; failed to see that the powers of Congress were given by express terms and did not rest upon implication; failed to see that the Thirteenth Amendment was broad enough to cover the Civil Rights Act; failed to see that under the three amendments rights and privileges were conferred by the Nation on citizens of the several States, and that these rights are under the perpetual protection of the General Government, and that for their enforcement Congress has the right to legislate directly; failed to see that all implications are now in favor of liberty instead of slavery; failed to comprehend that we have a new nation with a new foundation, with different objects, ends, and aims, for the attainment of which we use different means and have been 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: