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repeated outrages on colored persons in the District, and in the territories, by the refusal of hotels and restaurants to entertain them; and as the arguments used by the Court could not apply there, it is reasonably certain that in such cases they have a legal redress, under the Civil Rights Act. The moral effect of this fact, if it hold good, will be of great importance, as will also be its direct practical bearing, speaking as it does in the name of the nation. For many railroad routes begin in the District, or in the Territories, and run into the adjoining States ; and others, which come from States, run into the District, or into a Territory. It will be very difficult in such cases for the railroads to have two systems of passenger arrangements, one based on caste and the other on equality, to apply in turn, as the cars change from one part of the route to the other. To avoid confusion and infringement of the law, they will naturally and necessarily apply to the whole route, especially in through-cars, the principle of equality required by law in the part of the route which lies in the District or in a Territory.
(4.) The decision shows its good will toward the colored race by giving a significant hint of a possible general Civil Rights Act, which might have force under another and for this purpose hitherto unused provision of the Constitution, to wit: the 3d clause of Section viii. of Article I., which gives to Congress power “ to regulate commerce with foreign nations and among the several States." The sixth point of the formal decision reads: "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." This in form is non-committal, as no case had been presented under that power; but that the idea should be mentioned by the Court is not without weighty signiticance. It looks much as if the Court wanted to suggest that Congress should try another road to reach the same destination.
But turning now from the Supreme Court, let us briefly consider, secondly, the situation in which the decision leaves the colored race, and the action which becomes thereupon appropriate. The loud and general wail of lamentation and the outery of indignation against the Court which went up
from the colored people, when the decision was first announced, were natural; but it would have been better if some of their superserviceable and impetuous friends, both white and colored, who are fond of assuming to be the peculiar advocates and guardians of their rights, had not encouraged the feeling and the expression. It is always well to keep cool, if one wants a safe judgment. To fly off the handle, in a passion, never mends matters. Sober, second thought has prevented many a grave mistake, and it is not always wise to rush after the politicians, white or colored, before whose imaginations possible nominations loom up in the future, and whose personal ambitions are served by loudly expressed sympathy with alleged wrongs, and by being brought forward as the representative men of their race. Lately a very intelligent colored man said : "The misfortune of the colored people is, that they have not now in the country a single leader whom they dare to trust.” It is well to remember how the cunning Absalom spoke to the common people, when he wanted to become king : "Absalom said, moreover, ‘Oh, that I were made judge in the land, that every man who hath any suit or cause might come unto me and I would do him justice.' And it was so, that when any man came nigh to him to do him obeisance, he put forth his hand and took him and kissed him."
Sometimes a panic takes place in an army from an exaggeration of danger. Let us allow the smoke of battle to clear away a little, and possibly there may not be so many dead and wounded men as we have supposed. There may be at first a few evil effects from this decision. The enemies of the negro race naturally received it with a shout of exultation, and the southern newspapers issued extras to communicate the welcome news. But that does not prove much. “The triumphing of the wicked will be short.” The longer they study the decision the less comfort will they be able to extract from it. No State which now does justice to the negro will change for the worse, while others will steadily improve. The eight years since the passage of the Civil Rights Act have not left the colored people where that Act found them. There has been a marked advance in their intelligence, and in public opinion relative to their capacity and their rights, as also in the favor
with which both of the political parties begin to regard them. They are not to be any longer the helpless victims of outrage, at the North or at the South. They are to be recognized as equal citizens with all others. They have now reached a stage where special legislation for them in particular will daily become less necessary and less desirable. There is great force in the official words of Justice Bradley, as the organ of the Court, on this very point. He says: “When a man has emerged from slavery and by the aid of beneficent legislation has shaken off the irreparable 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.” This idea is really the key-note to which the public, of whatever race, is to adjust itself, and to which it will adjust itself. All alk about another amendment to the Constitution, or a new Supreme Court, is useless and unwise. It is based on too gloomy a view of the situation; it diverts attention from other and practical measures ; and it has a savor of wild and unjust exasperation. Let us augur hopefully while we act earnestly and effectively. Several things may wisely be done.
1. Full use should be made of the Civil Rights Act, whenever a case of injustice because of race occurs in the District of Columbia or in the Territories. The practice of private persons and of corporations in such localities must be made to correspond with the demands of the law, and every infraction should be taken up promptly and prosecuted. And it would be well for the colored people to make common cause in this matter and have an organization to take charge of every case which may arise ; so that the poverty and obscurity of the sufferer
may not prevent the execution of the law. As the district contains the national capital, and as the territories are numerous, populous and extensive, the moral effect of such enforcement of the law will be widely felt in the States.
2. In the States there must be a steady agitation of the subject in the newspapers, in conventions, in political organizations, and where necessary, at the polls, together with a resort
ARTICLE II.—THE RELIGIOUS FACTOR IN
THERE is an old irrational feud between the human heart and intellect. One form of it appears in the jealousies and antagonisms of religion and learning. Such conflict ought to be impossible where there is a worthy estimate of man. What man is determines the problem of his training. The capacity of his being is the measure of his becoming. A worthy idea of his person, place, use, and destination pledges a broad conception of his education. Education is nothing less than the de. velopment and training of all the potencies that have been lodged in man. It concerns itself with the full contents of his being and with all his possibilities. The claims of education are precisely the claims of manhood. If the ideal of manbood be low the product of training will be meagre and inadequate. The claims of religion upon education are precisely the claims of a complete manhood. If a man is worth educating at all be is worth educating roundly as a man. If the capacity of religion belongs to his manhood it is a crime against that manhood to ignore its rights or cripple its possibilities. It must be acknowledged that religion, in some form, has always been an immense power in the history of the human race. It has always been in fact the dominant power. Nor is it likely that it will cease to be in any most advanced period of the future. So long as man is forced by the necessities of his own being to recognize a power which is other and more than himself and other and more than the universe in which he lives, so long religion will hold its supremacy, and this supremacy will be hardly the less apparent in whatever effort to suppress, pervert or limit its claims. No healthy growth can ever ignore it or pervert it or crowd it into a place of subordination or insigoificance. This meagre world-power can never successfully displace that which represents what lies beyond the world. It is too real and too essential. The religious seems to be the primitive consciousness of the race. The limit of primitive history and tradition is primeval religion. Beyond this we have nothing but speculation. It may be that we do not know prehistoric or pre-traditional man. But primitive man so far as we know him feels the invisible long before he understands much of the visible. There is a something in him that pushes him into the presence of a power behind the Universe, before the intellect has fairly grappled with the problem of such a power. The problem of origin and destination is summarily solved before the mind has had time to fairly comprehend the elements of the problem. Man does not attain to the idea of God by the action of the powers of nature upon his creative imagination. It is not the product of experience, meditation, teaching or even revelation simply. There were nothing to educate or cultivate "if there were not already presupposed an original God-consciousness as its practical basis and condition." higher world and a higher power thrust themselves into the forefront of all our investigation of this lower world and all lower orders of existence. Mythology antedates history, and mythology is "religion gone mad." Religion is before pbilosophy or science or whatever highest product of the human intellect. Men begin to reflect, and generate philosophy, to investigate and generate science, to recollect and produce history, to utter their thoughts and produce literature, to give expression to feeling and the sense of beauty in the forms of imagination and produce poetry and art. But already they have begun to feel, in dim, vague fashion, the reality of an invisible realm and the presence of invisible personalities and powers, which they do not profess to understand and already religion is born. And they have presentiment of the invisible powers before they have understanding of them. Religion is before theology. All earliest attempts, so far as we know them, in science, philosophy, history, literature, poetry or art, are religious, and this because man can not crowd back from his highest and noblest activities the realm of the unseen and unknown that lies beyond the borders of the Universe. Before this earthly existence there stretches an ocean at whose shores man stands longingly. While he is thinking and speculating upon the origin of things he finds already within him the necessity to try the vastness of the ocean that lies before himn and bring back some