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Scripto | Transcribe Page
Proceedings of the Civil Rights Mass-Meeting held at Lincoln Hall, October 22, 1883. Speeches of Hon. Frederick Douglass and Robert G. Ingersoll.
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That is all. As individuals, the people, of the State of South Carolina may stamp out the rights of the negro wherever they please, so long as they do not do so as a State. All the parts can violate the Constitution, but the whole cannot. It is not the act itself, according to this decision, that is unconstitutional. The unconstitutionality of the case depends wholly upon the party committing the act. If the State commits it, it is wrong, if the citizen of the State commits it, it is right.
O consistency, thou art indeed a jewel! What does it matter to a colored citizen that a State may not insult and outrage him, if a citizen of a State may? The effect upon him is the same, and it was just this effect that the framers of the Fourteenth Amendment plainly intended by that article to prevent.
It was the act, not the instrument, which was prohibited. It meant to protect the newly enfranchised citizen from injustice and wrong, not merely from a State, but from the individual members of a State. It meant to give him the protection to which his citizenship, his loyalty, his allegiance, and his services entitled him; and this meaning, and this purpose, and this intention is now declared unconstitutional and void, by the Supreme Court of the United States.
I say again, fellow citizens, O for a Supreme Court which shall be as true, as vigilant, as active, and exacting in maintaining laws enacted for the protection of human rights, as in other days was that Court for the destruction of human rights!
It is said that this decision will make no difference in the treatment of colored people; that the Civil Rights Bill was a dead letter, and could not be enforced. There is some truth in all this, but it is not the whole truth. That bill, like all advance legislation, was a banner on the outer wall of American liberty, a noble moral standard, uplifted for the education of the American people. There are tongues in trees, books, in the running brooks,-sermons in stones. This law, though dead, did speak. It expressed the sentiment of justice and fair play, common to every honest heart. Its voice was against popular prejudice and meanness. It appealed to all the noble and patriotic instincts of the American people. It told the American people that they were all equal before the law; that they belonged to a common country and were equal citizens. The Supreme Court has hauled down this flag of liberty in open day, and before all the people. and has thereby given joy to the heart of every man in the land who wishes to deny to others what he claims for himself. It is a concession to race pride, selfishness and meanness and will be received with joy by every upholder of caste in the land, and for this I deplore and denounce that decision.
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