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JI(l)QI^0U/<5/^F(: 
 
 DENOUNCEMENT OF INJUSTICE METED OUT 
 TO THE BLACK RACE. 
 
 H 
 
 ¥\ 
 
 By REV. J C COLBMAN 
 
 Toronto, Ont. 
 Hill Printing Co., 48 Richmond Street West. 
 
 1808. 
 
 
 
 'maM 
 
THE JIM CROW CAR ; 
 
 OR, 
 
 DENOUNCEMEKT OF INJUSTICE MSETED OUT TO THE 
 
 BLACK RACE. 
 
 Supreme Court Decision, by His Lordship Bishop H. M. 
 
 Turner, Largely Quoted and Eiucidated—Clippings from 
 
 Miss Ida B.Wells Barnett's "The Reason Why " - 
 
 Grave State of Affairs in the Southern States — 
 
 Incidents on Railroads— Public Conveyances— 
 
 Employment, Etc. 
 
 BY 
 REV. J. C. COLEMAN, 
 
 Formerly Illustrating Lecturer on the " Progress of the 
 
 Negro of the South," " Bishop Taylor's Mission 
 
 to South Africa," "Biblical Characters," 
 
 "A Drunkard's Doom," Etc. 
 
 TORONTO, ONT. : 
 
 Hill Printing Co., 48 Richmond Street West, 
 
 1898. 
 
 lite 
 
 i 
 
PREFACE. 
 
 3'?s A" 
 
 My opposition to injustice, imposition, discrimin- 
 ation and prejudice, which have for many years 
 existed against the colored people of the South,, has 
 led to this little book. In many parts of Anrierica 
 the press has been furnished with " matter " for 
 defending the colored people, through the medium of 
 " Coleman's Illustrated Lectures." By request of my 
 many auditors, some of whom being leading elements 
 of the Northern States and Canada, this volume is 
 published. Many persons interested in the welfare 
 of the negro, have sought a more elaborate book on 
 the Southern horrors. Therefore, the manner in 
 which the colored people are treated, and the laws 
 devised against them from time to time, are the chief 
 subjects. 
 
 My endeavour to furnish those concerned in 
 human welfare, with Southern railroad affairs, lynch- 
 ings, etc., so far as the so-called law governing the 
 white and black races is concerned, is evinced in the 
 experience of eight years touring on various lines 
 throughout the South. My statements being authen- 
 tic and impartial, I have noted some incidents 
 occurring on roads which I have travelled, amid 
 peculiar • circumstances, which I hope will prove ser- 
 viceable to the reader. I have quoted Bishop Tur • 
 ner's " Supreme Court Decision," and Mrs. Ida B. 
 Wells Barnett's " The Reason^Why," largely because 
 
IV. 
 
 PREFACE. 
 
 they contain facts agreeing very much with my ex- 
 perience and judgment. Opinions of leading Afro- 
 American journals have been expressed as a unani- 
 mous sentiment of the race, regarding their loyalt}' 
 to the flag under which they live and serve. The 
 main object of this book is to create within the hearts 
 of those who may read it, sympathy for the colored 
 people of the South So many unreasonable things 
 have been alleged against the negro, that he now 
 demands a reasonable consideration. 
 
 The Southern press has made scores of enemies 
 for the entire race, and continues doing so. The 
 " Rape " Bell has been sounded all over the world to 
 degrade the negro and impede his rapid progress. 
 Why did the negro not commit " rape " during his 
 dark days of slavery ? In slavery he was not allowed 
 to know A from B, or i from 2. This means that a 
 slave was esteemed a little higher than the cattle. 
 Slavery is illiteracy. " God is a jealous God, visiting 
 the iniquity of the fathers upon the children unto the 
 third and fourth generation of them that hate Him." 
 " The people of the Southern States have enslaved the 
 colored people ; for 250 years held them a small degree 
 above the dumb brute. To-day they lynch the negro, 
 burn him, and refuse him justice on railway cars. 
 God will visit the Americans. If not the 3rd gener- 
 ation, the 4th will be made repent, and humiliate to 
 the black man." — Rev. J. C. Tolmie^ B.A. 
 
 The fact that there are in the South about 20,CX)0 
 teachers, 238,000 scholars, 150 schools for advance 
 
t>REFACE. 
 
 V. 
 
 education, and seven colleges with negro faculty, is 
 sufficient proof itself that the current reports of 
 " rape " are not true. There are about 8,ooo,o<X) 
 colored people in the United States, and about half 
 that number are Church goers, which proportionately 
 far exceeds their white brethren. The people who 
 have been prejudiced against the colored race by 
 Southern newspapers, have never considered that 
 there are no daily papers managed by the colored 
 people to defend their side of the case. The weekly 
 papers of colored editorship are not read by the 
 white race. Then how can the considerate people 
 who would know of the perpetual reports, arrive at a 
 definite conclusion as to whether they are right or 
 wrong ? There are two sides to a case, and each side 
 deserves scrutineering. No just judge will hear the 
 plaintiff, and drive the defendant from the Court 
 room door. Negro rights have been advocated, and 
 are now being advocated by the British press, and by 
 true, sympathetic ministers of the gospel of both the 
 North and South. I pray that such a thirsting after 
 righteousness will emanate from the Churches in 
 America that will catise the world to see that Christi- 
 anity predominates from the chilly plains of the 
 North to the smoky regions of the South. 
 
 *' Lord, while for all mankind we pray. 
 Of every clime and coast, 
 Oh, hear us for our precious race, 
 The race we love the most." 
 
 John Clay Coleman. 
 Toronto, Ont, Jan. 15th, 1898. 
 
f 
 
 ( 
 
 If' 
 
INTRODUCTION. 
 
 Rev. J. Clay Coleman was born 4 miles south of 
 Durant, Holmes Co., Mississippi, Feb. ist, 1876. 
 Lived in Goodman, Holmes Co., Miss., until 1888. 
 His parents were slaves on Tome Bigbee River, Ala- 
 bama, a number of years, and afterwards sold to 
 Botus, at Lexington, Holmes Co., Miss. ; from Botus 
 to Fletcher Harrington, at Goodman. 
 
 Peter Coleman, the father of J. C. Coleman, was 
 very much devoted to his family, and took care to 
 see that each of his seven children was to some extent 
 educated. John Clay Coleman proceeded to the study 
 of law ; but by divine providence he was led to the 
 study of the Bible, and became a minister and 
 travelling Biblical illustrating lecturer. Mr. Coleman 
 and the bulk of his relatives are Methodists, the 
 majority of whom being members of the same 
 Church at Georgeville, Miss. Mrs. Rowena Coleman, 
 the faithful mother of Mr. Coleman, prayed that his 
 calling would be to preach the gospel. Her fervent 
 prayers are heard and answered. In 1887, J. C. 
 Coleman had the management of the country mail 
 route from Goodman to Cocksburg, Miss. Began 
 travelling as lecturer in 1888. In 1892 he tra- 
 velled the south through ; visited the Columbian Ex- 
 position at Chicago in 1893, and appeared at the 
 
VIII. 
 
 INTRODUCTION. 
 
 ii 
 
 Turkish Panorama of the Holy Land, in the interest 
 of " Coleman's Great Biblical Exhibition." This 
 unique exhibition was methodized by Mr. Coleman 
 in his youth, and had developed at this crisis into the 
 most instructive mode of illustrating the Scriptures 
 to Bible students. His liberality toward different 
 institutions the past eight years has marked him a 
 philanthropist. He has sacrificed time, talent, and 
 " earthly store " to the advancement of his peopi<i. 
 When leaving the World's Columbian Exposition in 
 1893, he was fully determined to impart his remain- 
 ing years to missionary work in Africa. He entered 
 Canada in the "power of the Holy Spirit," was 
 ordained minister of the gospel at the Annual Con- 
 ference of the A M. E. Church, by Bishop H. M. 
 Turner, at Windsor, Ont, Sept. ist, 1895. Married 
 Miss Hattie E. Johnson, of Halifax, N. S. Matri- 
 mony performed by ^ev. James M. Henderson, M.A., 
 D.D., President of Morris Brown College, Atlanta, 
 Ga., Jan. 17th, 1894. 
 
 His wife being a consistent Church woman, has 
 added well to his success in the ministry. He was 
 educated for the ministry at Victoria University, 
 Toronto, Ont., being the first colored student in this 
 great University since its establishment in the City 
 of Toronto. He was received with a cordial cheering. 
 
 His fanie as an illustrating lecturer is extensive. 
 Having collected from the Southern Horrors scenic 
 views, and resplendently presented them by use of 
 stereopticons before immense audiences, chiefly white 
 
INTRODUCTION. 
 
 IX. 
 
 people, who desired direct and accurate information 
 of the condition of the " negro in the South," Mr. 
 Coleman has caused a sensation everywhere seen and 
 heard. Persons have arose after his lectures and 
 said, " Mr, Chairman, I move that a vote of thanks 
 be tendered Professor Coleman for his excellent 
 lecture and impressive views on the progress of the 
 colored people in the- Southern States. He has 
 indeed given us facts concerning; the outrages on the 
 people of his nationality, illustrated by pictures taken 
 from natural life." Voices could be heard exclaim- 
 ing, " Hear I hear ! ! " in all parts of the audience. 
 Amid these demonstrations a unanimous vote would 
 be rendered, and an immediate protest against the 
 unfair burdens lavished upon the tiegro in the South 
 would warmly ensue. 
 
 Mr. Coleman learned in his early public career, 
 that the negro journals were not read by white 
 people, and it was his highest ambition to carry the 
 news to them. He is not, therefore, as prominent in 
 his own race as he would be had he confined himself 
 solely to them. That the Rev. Mr. Coleman is an 
 original race mian, is evidently seen in some notes on 
 his boyhood traits, and his continuous advancement 
 to a renowned defender of peace, prosperity, and race 
 protection, both home and abroad. The leading 
 elements of Goodman attest these facts in a meeting 
 held in 1888, in honor of his departure : " We the 
 undersigned citizens of Goodman know Prof John 
 C. Coleman to be a polite and inoffensive gentleman. 
 We further know him to be of religious and high 
 
X. 
 
 INTRODUCTION. 
 
 moral character, and trustworthy in all of his deal- 
 ings. We hope his aim set forth, to achieve greater 
 victories for his people, will be successfully accom- 
 plished. Signed, J. D. Powers, W. D. Waugh, L. W. 
 Houghes, Robert Ford, A. S. Brumby, M.D., Rev. J. 
 L. Crawford, P. Ward, J. M. Moody, W. W. Crawford, 
 W. C. Graham, C. Davis." 
 
 The reader of *' The Jim Crow Car " will note 
 that the author has not tried to show the "dark 
 side*' of his race. Illustrations of the poor unfortu- 
 nate ex-slaves are not used, as in some books, touch- 
 ing the subjects herein. 
 
 Toronto, January 15, 1898. 
 
THE JIM CROW CAR. 
 
 CHAPTER I. 
 
 Eight Years' Travel — General Observation — In- 
 ferior Accommodation — Discrimination — Imposi- 
 tion — Ignorance of Decency — Prejudice Occu- 
 pies the Highest Seat — Christianity Silent. 
 
 During eight years* travel on different railroads 
 in the Southern States, I strictly observed : 
 
 1. That it is the duty of employees to see that 
 inferior accommodations in every " colored " car, and 
 in every " colored " waiting room be arranged. This 
 unjust measure is heretically endorsed by the white 
 passengers of all classes. 
 
 2. That Discrimination between the white and 
 black races is designed by "law," and rigidly enforced 
 on the colored passenger, and a mere sham to the 
 white passenger. 
 
 3. That Imposition upon the colored passenger, 
 in the filthiest, smoky and inferior cars is participated 
 
12 
 
 THE JIM CROW CAR. 
 
 in by the ** highest white gentleman " and the lowest 
 " ignoramus Hill Billy." 
 
 4. That Ignorance of Decency, politeness, 
 modesty and morality of the colored passenger is 
 maintained. 
 
 5. That Prejudice against the negro race, regard- 
 less of characteristics, prevails in general officers — 
 brakemen and depot agents — and in case of a law 
 suit for that which is actually and properly due, it 
 occupies the highest seat in the Court room. 
 
 6. That a Christian minister is forced to smoke 
 and associate with the worst of humanity, by his 
 white brother. Christianity in this respect is incon- 
 sistent with that preached and practiced in India, 
 China, Japan and Africa. 
 
 Early Experience. 
 
 About one mile from the Coleman plantation 
 lived Mrs. Covington, commonly known as " the 
 Widow Covington." She owned about 300 acres of 
 cultivated and uncultivated land, left to her by her 
 deceased husband. The land being valued at from 
 one dollar and twenty-five cents per acre to ten 
 dollars per acre, as most southern " sage " ground, 
 placed her in poor circumstances. Her surroundings 
 put her in the estimation of her colored neighbors 
 nothing more than " poor white trash." On account 
 of her declining condition, my father, who was 
 extremely liberal, sent me to the Widow Covington 
 
EIGHT YEARS' TRAVEL. 
 
 13 
 
 to assist her in gardening. It was a source of happi- 
 ness to be away from home, and more especially to 
 visit a white person's house for the first time. Just 
 as I left my father's arms with a kiss and " good 
 bye," he exclaimed, " Be a good boy !" As 1 walked 
 along the rocky pathway, ascending and descending 
 the lofty hills, a constant voice, so tender and pene- 
 trating, seemed to re-echo the words of my beloved 
 father, " Be a good boy." Appearing at the widow's 
 gate, the customary salutation, " Hello," was yelled 
 out. Being told to come in, I briskly attempted to 
 step in at the front door, when I was abruptly told, 
 " Go around the back way." This I readily did, 
 thinking that preparations were being made to enter- 
 tain the guest in the front room. I was g'-en a seat 
 in the kitchen, which was both kitchen and dining 
 room, being tosted over toward the north, leaving 
 several spaces large enough for the cook to Have 
 chicken visitors during meal hours. When dinner 
 was prepared, the little colored guest was left to par- 
 take of the fragments on a separate table. This 
 action being so inhuman, I asked the widow why did 
 she not ask me to the front room, and before going 
 to dinner send me to the toilet room, and let all sit 
 at one table, as there was so much vacancy at her 
 table. The widow displayed no small degree of 
 madness in her response. " I want you to know that 
 you are a nigger, and you must stay in a nigger's 
 place." 
 
 It is to be seen from this that a black man is 
 thought to be inferior to a white man, and should for 
 
14 
 
 THE JIM CROW CAR. 
 
 ij 1 
 
 " 1 
 
 this reason be treated as such. The widow's concep- 
 tion of a " nigger's place " is a mouthpiece for the 
 entire South. You might ask, Why is it that Mr. A. 
 is on board of train No. 3, en route for New Orleans, 
 occupying a car with all the modern accommoda- 
 tions ; and Mr. B. on the same train, en route for the 
 same place, having paid the same fare, and occupying 
 a car with split bottomed seats ? Tobacco juice and 
 smoke have given it a new coat of painting and 
 deathly odor. Mr. A. puts his valise in Mr. B.'s car ; 
 smoke, whistle, dance, drink intoxicants, and then 
 return to his pleasant, modernly furnished car. The 
 answer would be, Mr. A. is white and Mr. B. is black, 
 for this reason the employees have assigned Mr. B. 
 to an inferior car, in order that Mr. B. may remain in 
 a " nigger's place.'' 
 
 Thirty-three years have passed since the gloomy 
 clouds of slavery banished, and made way for the 
 negro to see his place — In the school room ; in the 
 Legislature, Senate, Congress, Ministers to Republics, 
 Registry of Deeds, Registry of the Treasury, Law, 
 Doctors, Ministers of the Gospel, Bishopric, U. S. 
 Chaplaincy, Editors, Authors, Merchants, and In- 
 dustry. Now let us see why is it that a dungeon is 
 dug for a " nigger's place." Certainly the negro has 
 harmied no one. Not any more so than the horse 
 stolen from his master. The reason why the white 
 man is at enmity against the black man is, that the 
 white man once owned the black man. Millions of 
 dollars were expended on the purchase of slaves 
 when the war of iS6o-'6^ began. The' purchasers, 
 
EIGHT YEARS' TRAVEL."* 
 
 15 
 
 it is claimed, had not then received one-half ex- 
 pended on slavery. For this very cause the negro is 
 regarded as worthless property. The white boy has 
 the example of thievishness and slothfulness estab- 
 lished by his parents. He is taught that swindling 
 his colored brother is the way his parents came in 
 possession of their wealth, and to work is taking the 
 " nigger's place." 
 
 I *■•;»« 
 
 t 
 
CHAPTER II. 
 
 I'! • 
 
 I! ! 
 
 n 
 
 U! i 
 
 DISCRIMINATION. 
 
 The Jim Crow Car, as the negro's first grievance 
 relative to the Southern railroad system, is obviously 
 seen in the foregoing observation. There we see 
 that the matter of being separated from the white 
 passenger ** cuts no figure," but the very fact that 
 colored passenger is robbed out of the worth of his 
 well earned money, is the direct reason why the 
 victimized colored passenger appeals to the conscience 
 of those who have power and influence to abolish his 
 present outraged condition. 
 
 To get the proper understanding of the cause of 
 discrimination on Southern railroad cars, let us read 
 the following clippings from that great Southern 
 hero, statesman, and renowned Bishop H. M. Turner, 
 D.D., LLD., D.C.L. From this, we hope to reach a 
 definite conclusion as to whether the fundamental 
 course of discrimination can be suppressed by the 
 enactment of " law." First of all the Civil Rights 
 Bill is before us for consideration. It has blinded 
 the most studious and philanthropic men and women 
 within the British Empire, and the civilized world. 
 Those who meditate on the negro's condition, and 
 sympathize with his environment, and who would 
 attempt to assist him, are led to doubt some of the 
 
DISCRIMINATION. 
 
 17 
 
 current reports against the race, believing that the 
 Civil Rights Bill has imparted privileges to all men 
 alike, and therefore the black man has a right to 
 make use of equal enjoyment of citizenship. 
 
 evance 
 viously 
 we see 
 : white 
 :t that 
 of his 
 hy the 
 science 
 lish his 
 
 luse of 
 
 IS read 
 
 uthern 
 
 Lurner, 
 
 each a 
 
 mental 
 
 by the 
 
 Rights 
 
 )linded 
 
 vomen 
 
 world. 
 
 )n, and 
 
 would 
 
 of the 
 
 The Civil Rights Bill, which was Destroyed 
 BY the United States Supreme Court. 
 
 AN ACT to protect all citizens in their civil 
 and legal rights. 
 
 Whtreas^ It is essential to just government, we 
 recognize the equality of all men before the law, and 
 hold that 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 appropriate 
 object of legislation to enact great fundamental prin- 
 ciples into law ; therefore. 
 
 Be it enacted by the Senate and House of Repre- 
 sentatives of the United States of America in Congress 
 assembled^ 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, theatres, and other places of public 
 amusement ; 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. 
 B 
 
iS 
 
 THE JIM CROW CAR. 
 
 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 accom- 
 modations, advantages, facilities, or privileges in said 
 section enumerated, or by aiding or inciting such 
 denial, shall, for every such offence, forfeit and pay 
 the sum of five hundred dollars to the person aggrieved 
 thereby, to be recovered in an action of debt, with 
 full costs ; and shall also, for every such offence, be 
 deemed guilty of a misdemeanor, and, upon convic- 
 tion thereof, shall be fined not less than five hundred 
 nor more than one thousand dollars, or shall be im- 
 prisoned not less than thirty days nor mc than one 
 year ; provided, 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 ; and provided further^ 
 that a judgment for the penalty in favor of the party 
 aggrieved, or a judgment upon an indictment, shall 
 be a bar to either prosecution respectively. 
 
 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 
 offences against, and violations of, the provisions of 
 this act ; and actions for the penalty given by the 
 
DISCRIMINATION. 
 
 19 
 
 preceding section may be prosecuted in the territorial, 
 district, or circuit courts of the United States wher- 
 ever the defendant may be found, without regard to 
 the other party ; and the district attorneys, marshals, 
 and deputy marshals of the United States, and com- 
 missioners appointed by the circuit and territorial 
 courts of the United States, with powers of arresting 
 and imprisoning or^ bailing offenders against 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 offence except in respect of the 
 right of action accruing to the person aggrieved ; and 
 such district attorneys shall cause such proceediogs 
 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 ; and any district attorney who 
 shall wilfully fail to institute and prosecute the pro- 
 ceedings herein required, shall, for every such offence, 
 forfeit and pay the sum of five hundred dollars to 
 the person aggrieved thereby, to be recovered by an 
 action of debt, with full costs, and shall, on convic- 
 tion thereof, be deemed guilty of a misdemeanor, and 
 be fined not less than one thousand nor more than 
 five thousand dollars; and ptovided further^ th^t a 
 judgment for the penalty in favor of the party 
 aggrieved against any such district attorney, or a 
 
20 
 
 THE JIM CROW CAR, 
 
 judgment upon an indictment against any such dis- 
 trict attorney, shall be a bar to either prosecution 
 respectively. 
 
 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 five thousand dollars. 
 
 Sec. 5. That all cases arising under the pro- 
 visions 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 contro- 
 versy, under the same provisions and regulations as 
 are now provided by law for the review of other 
 C9 vises in said court. 
 
 Approved March i, 1875. 
 
 The " Civil Rights Bill " comes secondary to 
 the emancipation. The bands of an unappalled 
 monster, and disgrace upon a civilized nation, gave 
 way for a better hope for the colored race in 1865. 
 The life and conduct of the once bonded slave proved 
 
DISCRIMINATION. 
 
 21 
 
 such dis- 
 osecution 
 
 all other 
 cribed by 
 1 or petit 
 or of any 
 condition 
 1, charged 
 noning of 
 imon any 
 conviction 
 Dr, and be 
 
 within a few years to be equal with his white brethren, 
 and far better than some of his worst oppressors. 
 The general characteristics of the negro, his rapid 
 progress, devotion to his Church, and loyalty to the 
 United States Government, and able achievements 
 in war, demanded a Civil Rights Bill. When slavery, 
 which was death to the colored race, was abolished, 
 the Civil Rights Bill gave them a remedy to live. 
 The following will prove conclusively that the present 
 state of discrimination has not only hereditary origin, 
 but also sanctioned by the Supreme Court : — 
 
 UNITED STATES SUPREME COURT 
 
 REPORTS. 
 
 the pro- 
 ited States 
 urt of the 
 in contro- 
 ilations as 
 r of other 
 
 ondary to 
 mappalled 
 ition, gave 
 e in 1865. 
 ave proved 
 
 Vol. 109. 
 J. C. Bancroft Davis, Reporter. 
 
 CIVIL RIGHTS CASES. 
 
 Syllabus . Civil Rights Cases. — UNITED STATES v. 
 Stanley (on Certificate of Division from the 
 Circuit Court of the United States for the Dis- 
 trict of Kansas)— United States v. Ryan (in 
 Error to the Circuit Court of the United States 
 for the District of California) — United States 
 V. Nichols (on Certificate of Division from the 
 Circuit Court of the United States for the 
 
22 
 
 THE JIM CROW CAR. 
 
 Western District of Missouri)--UNITED STATES 
 V, Singleton (on Certificate of Division from 
 the Circuit Court of the United States for the 
 Southern District of New York)— Robinson 
 AND Wife v. Memphis and Charleston 
 Railroad Compan-y (in Error to the Circuit 
 Court of the United States for the Western Dis- 
 trict of Tennessee). 
 
 Submitted (October Term, 1882. — Decided October 
 15, 1883. 
 
 Civil Rights — Constitution — District of Columbia — 
 Inns — Places of Amusement — Public Conveyances 
 Slayery — Territories. 
 
 I. The 1st and 2nd sections of the Civil Rights Act 
 passed March ist, 1875, ^^^ unconstitutional 
 enactments as applied to the several States, not 
 being authoiized either by the Xlllth or XlVth 
 Amendments of the Coiisdtution. 
 
 2. 
 
 T*! 
 
 he XlVth Amendment is prohibitory upon the 
 States only, and the legislation authorized to be 
 adopted by Congress for enforcing it is not direct 
 legislation on the rnatters respecting which the 
 States are prohibited from making or enforcing 
 certain laws, or doing certain acts, but it is 
 corrective legislation, such as may be necessary 
 or proper for counteracting and redressing the 
 effects of such laws or acts, 
 
DISCRIMINATION. 
 
 23 
 
 3. The Xlllth Amendment relates to slavery and 
 
 involuntary servitude (which it abolishes) ; and 
 although, by its reflex action, it establishes uni- 
 versal freedom in the United States, and Con- 
 gress may probably pass laws directly enforcing 
 its provisions ; yet such legislative power extends 
 only to the subject of slavery and its incidents ; 
 and the denial of equal accommodations in inns, 
 public conveyances and places of public amuse- 
 ment (which is forbidden by the sections in ques- 
 tion), imposes no badge of slavery or involuntary 
 servitude upon the party, but at most, infringes 
 rights which are protected from State aggression 
 by the XlVth Amendment 
 
 4. Whether the accommodatio is and privileges 
 
 sought to be protected by the ist and 2nd sec- 
 tions of the Civil Rights Act are, or are not 
 rights constitutionally demandable ; and if they 
 are, in what form they are to be protected is not 
 now decided, 
 
 5. Nor is it decided whether the law as it stands is 
 
 operative in the Territories and District of Col- 
 umbia : the decision only relating to its validity 
 as applied to States. 
 
 6. 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 
 §tate§. 
 
24 
 
 THE JIM CROW CAR. 
 
 •'I 
 
 ill ! 
 
 Mini 
 
 These cases were all founded on the first and 
 second sections of the Act of Congress, known as the 
 Civil Rights Act, passed March ist, 1875, entitled, 
 " An Act to protect all citizens in their civil and legal 
 rights." 18 Stat. 335. Two of the cases, those 
 against Stanley and Nichols, were indictments for 
 denying to persons of color the accommodations and 
 privileges of an inn or hotel ; two of them, those 
 against Ryan and Singleton, were, one on informa- 
 tion, the other an indictment, for denying to indi- 
 viduals the privileges and accommodations of a 
 theatre, the information against Ryan being for 
 refusing a colored person a seat in the dress circle of 
 Maguire's theatre in San Francisco ; and the indict- 
 ment against Singleton was for denying to another 
 person, whose color was not stated, the full enjoyment 
 of the accommodations of the theatre known as the 
 Grand Opera House in New York, " said denial not 
 being made for any reasons by law applicable to 
 citizens of every race and color, and regardless of 
 any previous condition of servitude." The case of 
 Robinson and wife against the Memphis and Charles- 
 ton R. R.^ Company, was an action brought in the 
 Circuit Court of the United States for the Western 
 District of Tennessee, to recover the penalty of five 
 hundred dollars given by the second section of the 
 act ; and the gravamen was the refusal by the con- 
 ductor of the railroad company to allow the wife to 
 ride in the ladies' car, for the reason, as stated in one 
 of the counts, that she was a person of African 
 descent. The jury rendered a verdict for the defend- 
 ants in this case upon the merits, under a charge of 
 
 I i'l' ! 
 
DISCRIMINATION. 
 
 25 
 
 the court, to which a bill of exceptions was taken by 
 the plaintiffs. The case was tried on the assumption 
 by both parties of the validity of the act of Congress ; 
 and the principal point made by the exceptions was, 
 that the judge allowed evidence to go to the ju/y 
 tending to show th: „ the conductor had reason to 
 suspect that the plaintiff, the wife, was an improper 
 person, because she was in company with a young 
 man whom he supposed to be a white man, and on 
 that account inferred that there was some improper 
 connection between them ; and the judge charged the 
 jury, in substance, that if this was the conductor's 
 dona fide reason for excluding the woman from the 
 car, they might take it into consideration on the 
 question of the liability of the company. The case 
 was brought here by writ of error at the suit of the 
 plaintiffs. The cases of Stanley, Nichols, and Single- 
 ton came up on certificates of division of opinion 
 between the judges below r to the constitutionality 
 of the first and second sections of the act referred to ; 
 and the case of Ryan, on a writ of error to the judg- 
 ment of the Circuit Court for the District of Cali- 
 fornia sustaining a demurrer to the information. 
 
 The Stanley, Ryan, Nichols, and Singleton cases 
 were submitted together by the solicitor general at 
 the last term of court, on the 7th day of November, 
 1882. There were no appearances and no briefs filed 
 I for the defendants. 
 
 The Robinson case was submitted on the briefs 
 lat the last term, on the 29th day of March, 1883. 
 
26 
 
 THE JIM CROW CAR. 
 
 Mr, Solicitor General Phillips for the United 
 States. 
 
 After considering some objections in the forms 
 of proceedings in the different cases, the counsel 
 reviewed the following decisions of the court upon 
 the Thirteenth and Fourteenth Amendments to the 
 Constitution and on points cognate thereto, viz. : 
 The Slaughter- House Cases, i6 Wall. 36 ; Bradwell v. 
 The State, 16 Wall. 130 ; Battmeyer v. Iowa, 18 Wall. 
 129; Minor \. Happer sett, 21 Wall. 162; Walker v, 
 Sauvinet, 92 U. S. 90 ; United States v. Reese, 92 U. 
 S. 214 ; Kennard \. Louisiana, 92 U. S. 480; United 
 States v. Cruikshank, 92 U. S. 542 ; Munn v. Illinois, 
 
 94 U. S. 113 ; Chicago B. & C. R. R. Co. v. Iowa, 94 
 U. S. 155 ; Blyew v. United States, 13 Wall. 581 ; 
 Railroad Co. v. Brown, 17 Wall. 445 ; Hall v. DeCuir, 
 
 95 U. S 485 ; Strauder v. West Virginia, lOO U. S. 
 303 ; Ex parte Virginia, 100 U. S. 339; Missouri v. 
 Lewis, loi U. S. 22 ; Neal v. Delaware, 103 U. S. 370. 
 
 Upon the whole, these cases decide that, 
 
 I. The Thirteenth Amendment forbids all sorts 
 of involuntary personal servitude except penal, as to 
 all sorts of men, the word servitude taking some 
 color from the historical fact that the United States 
 were then engaged in dealing with African slavery, 
 as well as from the signification of the Fourteenth 
 and Fifteenth Amendments, which must be construed 
 as advancing constitutional rights previously existing. 
 
DISCRIMINATION. 
 
 27 
 
 2. The Fourteenth Amendment expresses pro- 
 hibitions (and consequently implies corresponding 
 positive immunities), limiting State action only, in- 
 cluding in such action, however, action by all State 
 agencies executive, legislative and judicial, of what- 
 ever degree. 
 
 3. The Fourteenth Amendment warrants legisla- 
 tion by Congress punishing violations of the immuni- 
 ties thereby secured when committed by agents of 
 States in discharge of ministerial functions. 
 
 The right violated by Nichols, which is of the 
 same class as that violated by Stanley and by Hamil- 
 ton, is the right of locomotion, which Blackstone 
 makes an element of personal liberty. Blackstone's 
 Commentaries, Book I, ch. i. 
 
 In violation of this right, Nichols did not act in 
 an exclusively private capacity, but in one devoted 
 to public use, and so affected with a public, i. e,y a 
 State interest. This phrase will be recognized as 
 taken from the Elevator Cases in 94 U. S., already 
 cited. 
 
 Restraint upon the light of locomotion was a 
 well-known feature of the slavery abolished by the 
 Thirteenth Amendment. A first requisite of the 
 right to appropriate the use of another man was to 
 become the master of his natural power of motion, 
 and by a mayhem therein of the common law to 
 require the whole community to be on the alert to 
 
28 
 
 THE JIM CROW CAR. 
 
 restrain that power. That this is not exaggeration is 
 shown by the language of the court in Eaton v. 
 Vaughan^ 9 Missouri, 734. 
 
 Granting that by involuntary servitude, as pro- 
 hibited in the Thirteenth Amendment, is intended 
 some institution, viz., custom, etc., of that sort, and 
 not primarily mere scattered trespasses against liberty 
 committed by private persons, yet, considering w^hat 
 must be the social tendency in at least large parts of 
 the country, it is " appropriate legislation " against 
 such an institution to forbid any action by private 
 persons which in the light of our history may reason- 
 ably be apprehended to tend, on account of its being 
 incidental to quasi public occupations, to create an 
 institution. 
 
 Therefore the above act of 1875, i" prohibiting 
 persons from violating the rights of other persons to 
 the full and equal enjoyment of the accommodations 
 of inns and public conveyances, for any reason turn- 
 ing merely upon the race or color of the latter, par- 
 takers of the specific character of certain contempor- 
 aneous solemn and effective action by the United 
 States to which it was a sequel — and is constitutional. 
 
 Mr. William M. Randolph for Robinson and wife, 
 plaintiffs in error. 
 
 Where the constitution guarantees a right, Con- 
 gress is empowered to pass the legislation appropriate 
 to give effect to that right. Prigg v. Pennsylvania^ 
 
 ^MtmmMi^immimimiiMtmmtm 
 
DISCRIMINATION. 
 
 29 
 
 ration is 
 Eaton V. 
 
 as pro- 
 intended 
 sort, and 
 st liberty 
 ng what 
 ! parts of 
 against 
 r private 
 y reason- 
 its being 
 :reate an 
 
 ohibiting 
 ersons to 
 lodations 
 son turn- 
 itter, par- 
 ntempor- 
 United 
 ;itutional. 
 
 and wife, 
 
 ght, Con- 
 )propriate 
 nsylvania^ 
 
 16 Peters, 539 ; Ableman v. Booth, 21 How. 506; 
 United States v. Reese ^ 92 U. S. 214. 
 
 Whether Mr. Robinson's rights were created by 
 the Constitution, or only guaranteed by it, in either 
 event the act of Congress, so far as it protects them 
 is within the Constitution. Pensacola Telegraph Co, 
 V. Western Union Tel. Co.y 96 U. S. i ; The Passenger 
 Cases y y Howard, 283 ; Crandallv. Nevada, 6 Wall. 35 
 
 In Munn v. Illinois, 94 U. S. 113 the following 
 propositions were affirmed : 
 
 " Under the powers inherent in every sovereignty, 
 a government may regulate the conduct of its citizens 
 toward each other, and, when necessary for the public 
 good, the manner in which each shall use his Own 
 property." 
 
 " It has, in the exercise of these powers, been 
 customary in England, from time immemorial, and in 
 this country from its first colonization, to regulate 
 ferries, common carriers, hackmen, bakers, millers, 
 wharfingers, innkeepers, etc." 
 
 " When the owner of a property devotes it to a 
 use in which the public has an interest, he in effect 
 grants to the public an interest in such use, and must, 
 to the extent of that interest, submit to be controlled 
 by the public, for the common good, as long as he 
 maintains the use." 
 
30 
 
 THE JIM CROW CAR. 
 
 Undoubtedly, if Congress could legislate on the 
 subject at all, its legislation, by the act of ist March, 
 1875, was within the principles thus announced. 
 
 The penalty denounced by the statute is incurred 
 by denying to any citizen " the full enjoyment of any 
 of the accommodations, advantages, facilities or 
 privileges " enumerated in the first section, and it is 
 wholly immaterial whether the citizen whose rights 
 are denied him belongs to one race or class or another, 
 or is of one complexion or another. And again, the 
 penalty follows every denial of the full enjoyment of 
 any of the accommodations, advantages, facilities, or 
 privileges, except and unless the denial was ^^for 
 reasons by law applicable to citizens of every race and 
 color, and regardless of any previous condition of 
 servitude." 
 
 Mr. William Y, C. Humes and Mr, David Posten 
 for the Memphis and Charleston Railroad Co., de- 
 fendants in error. 
 
 The Decision of the Court. 
 
 Mr. Justice Bradley delivered the opinion of 
 the court. After stating the facts in the above lan- 
 guage, he continued : 
 
 It is obvious that the "primary and important 
 question in all the cases is the constitutionality of the 
 law ; for if the law is unconstitutional, none of the 
 prosecutions can stand. 
 
DISCRIMINATION. 
 
 31 
 
 The sections of the law referred to provide as 
 follows : 
 
 " Sec. I. That all persons within the jurisdiction 
 of the United States shall be entitled to the full 
 and equal enjoyment of the accommodations, 
 advantagjes, facilities and privileges of inns, public 
 conveyances on land or water, theatres and other 
 places of public amusement ; 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 citizen, except 
 for reasons by law applicable to citizens of every 
 race and color, and regardless of any previous con- 
 dition 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 offence forfeit and 
 pay the sum of five hundred dollars to the person 
 aggrieved thereby, to be recovered in an action of 
 debt, with full costs ; and shall also, for every such 
 offence, be deemed guilty of a misdemeanor, and, 
 upon conviction thereof, shall be fined not less than 
 five hundred nor more than one thousand dollars, or 
 shall be imprisoned not less than thirty days nor 
 more than one year : Provided, That all persons 
 may elect to sue for the penalty aforesaid, or to pro- 
 ceed under their rights at common law and by State 
 statutes ; and having so elected to proceed in the one 
 
32 
 
 THE JIM CROW CAR. 
 
 mode or the other, their right to proceed in the other 
 jurisdiction shall be barred. But this provision shall 
 not apply to criminal proceedings, either under this 
 act or the criminal law of any State ; And provided 
 further, That a judgment for the penalty in favor of 
 the party aggrieved, or a judgment upon an indict- 
 ment, shall be a bar to either prosecution respectively." 
 
 Are these sections constitutional ? The first 
 section, which is the principal one, cannot be fairly 
 understood without attending to the last clause, which 
 qualifies the preceding part. 
 
 The essence of the law is, not to declare broadly 
 that all persons shall be entitled to the full and equal 
 enjoyment of the accommodations, advantages, facili- 
 ties and privileges of inns, public conveyances and 
 theatres ; but that such enjoyment shall not be sub- 
 ject to any conditions applicable only to citizens of a 
 particular race or color, or who had been in a previous 
 condition of servitude. In other words, it is the pur 
 pose of the law to declare that, in the enjoyment of 
 the accommodations and privileges of inns, public 
 conveyances, theatres and other places of public 
 amusement, no distinction shall be made between 
 citizens of different race or color, or between those 
 who have, and those who have not, been slaves. Its 
 effect is to declare, that in all inns, public conveyances 
 and places of amusement, colored citizens, whether 
 formerly slaves or not, and citizens of other races, 
 shall have the same accommodations and privileges 
 in all inns, public conveyances and places of amuse- 
 
DISCRIMINATION. 
 
 33 
 
 in the other 
 ovision shall 
 • under this 
 Ind provided 
 y in favor of 
 Dn an indict- 
 espectively." 
 
 > The first 
 not be fairly 
 clause, which 
 
 dare broadly 
 ull and equal 
 ntages, facili- 
 veyances and 
 not be sub- 
 ) citizens of a 
 in a previous 
 , it is the pur 
 enjoyment of 
 f inns, public 
 es of public 
 nade between 
 ►etween those 
 ;n slaves. Its 
 c conveyances 
 zens, whether 
 )f other races, 
 and privileges 
 ces of amuse- 
 
 ment as are enjoyed by white citizens ; and vice versa. 
 The second section makes it a penal offence in any 
 person to deny to any citizen of any race or color, 
 regardless of previous servitude, any of the accom- 
 modations or privileges mentioned in the first section. 
 
 Has Congress constitutional power to make such 
 a law ? Of course, no one will contend that the 
 power to pass it was contained in the Constitution 
 before the adoption of the last three amendments. 
 The power is sought, first, in the Fourteenth Amend- 
 ment, and the views and arguments of distinguished 
 Senators, advanced whilst the law was under con- 
 sideration, claiming authority to pass it by virtue of 
 that amendment, are the principal arguments adduced 
 in favor of the power. We have carefully considered 
 those arguments, as was due to the eminent ability of 
 those who put them forward, and have felt, in. all its 
 force, the weight of authority which always invests a 
 law that Congress deems itself competent to pass. 
 But the responsibility of an independent judgment is 
 now thrown upon this court ; and we are bound to 
 exercise it according to the best lights we have. 
 
 The first section of the Fourteenth Amendment 
 (which is the one relied on), after declaring who shall 
 be citizens of the United States, and of the several 
 States, is prohibitory in its character, and prohibitory 
 upon the States. It declares that : 
 
 " No State shall make or enforce any law which 
 
34 
 
 THE JIM CROW CAR. 
 
 shall abridge the privileges or immunities of citizens 
 of the United States ; nor shall any State deprive 
 any person of life, liberty or property without due 
 process of law ; nor deny to any person within its 
 jurisdiction the equal protection of the laws." 
 
 It is State action of a particular character that 
 is prohibited. Individual invasion of individual 
 rights is not the subject-matter of the amendment. 
 It has a deeper and broader scope. It nullifies and 
 makes void all State legislation and State action of 
 every kind which impairs the privileges and immuni- 
 ties of citizens of the United States, or which injures 
 them in life, liberty or property without due process 
 of law, or which denies to any of them the equal 
 protection of the laws. It not only does this, but 
 in order that the national will thus declared may 
 not be a mere brtitum ftilmen^ the last section of the 
 amendment invests Congress with power to en- 
 force it by appropriate legislation. To enforce what ? 
 To enforce the prohibition. To adopt appropriate 
 legislation for correcting the effects of such pro- 
 hibited State laws and State acts, and thus to render 
 them effectually null, void and innocuous. This is 
 the legislative power conferred upon Congress, and 
 this is the whole of it. It does not invest Congress 
 with power to legislate upon subjects which are within 
 the domain of State legislation ; but to provide modes 
 of relief against State legislation or State action of 
 the kind referred to. It does not authorize Congress 
 to create a code of municipal law for the regulation 
 of private rights ; but to provide modes of redress 
 
DISCRIMINATION. 
 
 35 
 
 against the operation of State laws, and the action 
 of State oflFicers, executive or judicial, when these are 
 subversive of the fundannental right specified in the 
 amendment. Positive rights and y ileges are un- 
 doubtedly secured by the Fourteenth Amendment ; 
 but they are secured by way of prohibition against 
 State laws and State proceedings afTecting those 
 rights and privileges, and by power given to Congress 
 to legislate for the purpose of carrying such prohibi- 
 tion into effect ; and such legislation must necessarily 
 be predicated upon such supposed State laws or State 
 proceedings, and be directed to the correction of theii 
 operation and effect. A quite full discussion of this 
 aspect of the amendment may be found in United 
 States V. Cruikshank, 92 U. S. 542 ; Virginia v. Rives, 
 100 U. S. 313 ; and Ex parte Virginia^ 100 LI. S. 339 
 
 An apt illustration of this distinction may be 
 found in some of the provisions of the original Con- 
 stitution. Take the subject of contracts, for example. 
 The Constitution prohibited the States from passing 
 any law impairing any obligation of contracts. This 
 did not give to Congress power to provide laws for 
 the general enforcement of contracts nor power to 
 invest the courts of the United States with jurisdic- 
 tion over contracts so as to enable parties to sue upon 
 them in those courts. It did, however, give the power 
 to provide remedies by which the impairment of con- 
 tracts by State legislation might be counteracted and 
 corrected ; and this power was exercised. The 
 remedy which Congress actually provided was that 
 contained in the 25th section of the Judiciary Act of 
 
36 
 
 THE JIM CROW CAR. 
 
 1789, I Stat. 85, giving to the Supreme Court of the 
 United States jurisdiction by writ of error to review 
 the final decisions of State courts whenever they 
 should sustain the validity of a State statute or 
 authority alleged to be repugnant to the Constitution 
 or laws of the United States. By this nneans, if a 
 State law was passed impairing the obligation of a 
 contract, and the State tribunals sus^ained the validity 
 of the law, the mischief could be corrected in this 
 court. The legislation of Congress, and the proceed- 
 ings provided under it, were corrective in their char- 
 acter. No attempt was made to draw into the United 
 States courts the litigation of contracts generally, and 
 no such attempt would have been sustained. We do 
 not say that the remedy provided was the only one 
 that might have been provided in that case. Proba- 
 bly Congress had power to pass a law giving to the 
 courts of the United States direct jurisdiction over 
 contracts alleged to be impaired by a State law ; and 
 under the broad provisions of the act of March 3rd, 
 1875, ch. 237, 18 Stat. 470, giving to the circuit courts 
 jurisdiction of all cases arising under the Constitution 
 and laws of the United States, it is possible that such 
 jurisdiction now exists. But under that, or any other 
 law, it must appear as well by allegation, as proof at 
 the trial, that the Constitution had been violated by 
 the action of the State legislature. Some obnoxious 
 State law passed, or that might be passed, is neces- 
 sary to be assumed in order to lay the foundation of 
 any federal remedy in the case, and fc - the very suffi- 
 cient reason, that the constitutional provision is against 
 StaU laws impairing the obligation of contracts. 
 
biSCRIMINATiON. 
 
 3? 
 
 irt of the 
 to review 
 iver they 
 tatute or 
 nstitution 
 cans, if a 
 tion of a 
 e vah'dit}' 
 d in this 
 proceed - 
 [leir char- 
 iC United 
 rally, and 
 
 We do 
 only one 
 
 Proba- 
 ng to the 
 tion over 
 aw ; and 
 arch 3rd, 
 nit courts 
 istitution 
 that such 
 my other 
 proof at 
 )lated by 
 bnoxious 
 is neces- 
 dation of 
 rery suflfi- 
 is against 
 tracts. 
 
 And so in the present case, until some State law 
 has been passed, or some State action through its 
 officers or agents has been taken adverse to the rights 
 of citizens sought to be protected by the Fourteenth 
 Amendment, no legislation of the United States 
 under said amendment, nor any proceeding under 
 such legislation, can be called into activity, for the 
 prohibitions of the amendment are against State laws 
 and acts done under State authority. Of course, 
 legislation may, and should be, provided in advance 
 to meet the exigency when it arises ; but it should 
 be adapted to the mischief and wrong which the 
 amendment was intended to provide against, and that 
 is State laws or State action of some kind adverse to 
 the rights of the citizen secured by the amendment. 
 Such legislation cannot properly cover the whole 
 domain of rights appertaining to life, liberty and 
 property, defining them and providing for their vindi- 
 cation. That would be to establish a code of munici- 
 pal law regulative of all private rights between man 
 and man in society. It would be to make Congress 
 take the place of the State legislatures and to super- 
 sede them. It is absurd to affirm that, because the 
 rights of life, liberty and property (which include all 
 civil rights that men have) are by the amendment 
 sought to be protected against invasion on the part 
 of the State without due process of law. Congress 
 may therefore provide due process of law for their 
 vindication in every case, and that, because the denial 
 by a State to any ;>erson of the equal protection of 
 the laws is prohibited by the amendment, therefore 
 Congress may establish laws for their equai protec- 
 
3B 
 
 THE JIM CRGVV CAR. 
 
 ilillMl'i 
 
 i !l 
 
 tion. In fine, the legislation which Congress is 
 authorized to adopt in this behalf is not general legis- 
 lation upon the rights of the citizen^ but corrective 
 legislation, that is, such as may be necessary and 
 proper for counteracting such laws as the States may 
 adopt or enforce, and which, by the amendment, they 
 are prohibited from making or enforcing, or such acts 
 and proceedings as the States may commit or take, 
 and which, by the amendment, they are prohibited 
 fronr committing or taking. It is not necessary for 
 us to state, if we could, what legislation would be 
 proper for Congress to adopt. It is sufficient for us 
 to examine whether the law in question is of that 
 character. 
 
 ■ 
 
 An inspection of the law shows that it makes no 
 reference whatever to any supposed or apprehended 
 violation of the Fourteenth Amendment on the part 
 of the States. It is not predicated on an such view. 
 It proceeds ex directo to declare that certain acts com- 
 mitted by individuals shall be deemed offences, and 
 shall be prosecuted and punished by proceedings in 
 the courts of the United States. It does not profess 
 to be corrective of any constitutional wrong com- 
 mitted by the States ; it does not make its operation 
 to depend upon any such wrong committed. It 
 applies equally to cases arising in States which have 
 the justest laws respecting the personal rights of 
 citizens, and whose authorities are ever ready to 
 enforce such laws, as to those which arise in States 
 that may have violated the prohibition of the amend- 
 ment. In other words, it steps into the domain oi 
 
DISCRIMINATION. 
 
 39 
 
 ongress is 
 ncral legis- 
 
 corrective 
 essary and 
 States may 
 ment, they 
 r such acts 
 nit or take, 
 
 prohibited 
 icessary for 
 
 would be 
 cient for us 
 
 is of that 
 
 t makes no 
 pprehended 
 on the part 
 
 I such view, 
 n acts com- 
 ffences, and 
 :eedings in 
 not profess 
 ivrong com- 
 :s operation 
 nitted. It 
 which have 
 
 II rights of 
 r ready to 
 ; in States 
 the amend- 
 
 domain oi 
 
 local jurisprudence, and lays down rules for the con- 
 duct of individuals in society towards each other, and 
 imposes sanctions for the enforcement of those rules 
 without referring in any manner to any supposed 
 action of the State or its authorities. 
 
 If this legislation is appropriate for enforcing the 
 prohibitions of the amendment, it is difficult to see 
 where it is to stop. Why may not Congress with 
 equal show of authority enact a code of laws for the 
 enforcement and vindication of all rif'hts of life, 
 liberty and property? If it is suppostble that the 
 States may deprive persons of life, liberty and pro- 
 perty without due process of law (and the amend- 
 ment itself does suppose this), why should not Con- 
 gress proceed at once to prescribe due process of law 
 for the protection of every one of these fundamental 
 rights in every possible case, as well as to prescribe 
 equal privileges in inns, public conveyances and 
 theatres? The truth is, that the implication of a 
 power to legislate in this manner is based upon the 
 assumption that if the States are forbidden to legis- 
 late or act in a particular way on a particular subject, 
 and power is conferred upon Congress to enforce the 
 prohibition, this gives Congress power to legislate 
 generally upon that subject, and not merely power to 
 provide modes of redress against such State legisla- 
 tion or action. The assumption is certainly unsound. 
 It is repugnant to the Tenth Amendment of the Con- 
 stitution, which declares that powers not delegated to 
 the United States by the Constitution, nor prohibited 
 
40 
 
 THE JIM CROW CAR. 
 
 by it to the States, are reserved to the States respec- 
 tively or to the people. 
 
 We have not overlooked the fact that the fourth 
 section of the act now under consideration has been 
 held by this court to be constitutional. That section 
 declares " that no citizen, possessing all other quali- 
 fications 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 servi- 
 tude ; 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 five thousand dollars." In Ex parte Vir- 
 ginia^ 100 U. S. 339, it was held that an indictment 
 against a State officer under this section for exclud- 
 ing persons of color from the jury list is sustainable. 
 But a moment's attention to its terms will show that 
 the section is entirely corrective in its character. 
 Disqualifications for service on juries are only created 
 by the law, and the first part of the section is aimed 
 at certain disqualifying laws, namely, those which 
 make mere race or color a disqualification, and the 
 second clause is directed against those who, assuming 
 to use the authority of the State government, carry 
 into efifect such a rule of disqualification. In the 
 Virginia case, the State through its officer enforced a 
 rule of disqualification which the law was intended to 
 abrogate and counteract. Whether the statute book 
 
DISCRIMINATION. 
 
 41 
 
 of the State actually laid down any such rule of dis- 
 qualification or not, the State through its officer en- 
 forced such a rule ; and it is against such State action 
 through its officers and agents that the last clause of 
 the section is directed. This aspect of the law was 
 deemed sufficient to divest it of any unconstitutional 
 character, and makes it differ widely from the first 
 and second sections of the same act which we are 
 now considering 
 
 These sections, in the objectionable features be- 
 fore referred to, are different also from the law ordin- 
 arily called the " Civil Rights Bill," originally passed 
 April 9, 1866, 14 Stat. 27, ch. 31, and re-enacted with 
 some modifications in sections 16, 17, 18, of the En- 
 forcement Act passed May 31st, 1870, 16 Stat. 140, 
 ch. 114. That law, as re-enacted, after declaring that 
 all persons within the jurisdiction of the United 
 States shall have the same right in every State and 
 Territory to make and enforce contracts, to sue, be 
 parties, give evidence, and to the full and equal bene- 
 fit of all laws and proceedings for the security of per- 
 sons and property as is enjoyed by white citizens, and 
 shall be subject to like punishment, pains, penalties, 
 taxes, licenses and exactions of every kind, and none 
 other, any law, statute, ordinance, regulation or cus- 
 tom to the contrary notwithstanding, proceeds to 
 enact that any person who, under color of any law, 
 statute, ordinance, regulation or custom, shall subject, 
 or cause to be subjected, any inhabitant of any State 
 or Territory to the deprivation of any rights secured 
 or protected by the preceding section above quoted. 
 
42 
 
 THE JIM CROW CAR. 
 
 or to different punishment, pains or penalties on 
 account of such person being an alien, or by reason 
 of his color or race, than is prescribed for the punish- 
 ment of citizens, shall be deemed guilty of a misde- 
 meanor, 'd subject to fine and imprisonment as 
 specified m the act. This law is clearly corrective in 
 its character, intended to counteract and furnish re- 
 dress against State laws and proceedings and customs 
 having the force of law which sanction the wrongful 
 acts specified. In the Revised Statutes, it is true, 
 a very important clause, to wit, the words " any law, 
 statute, ordinance, regulation or custom to the con- 
 trary notwithstanding," which gave the declaratory 
 section its point and effect, are omitted ; but the 
 penal part, by which the declaration is enforced, and 
 which is really the effective part of the law, retains 
 the reference to state laws by making the penalty 
 apply only to those who should subject parties to a 
 deprivation of their rights under color of any statute, 
 ordinance, custom, etc., of any State or Territory, thus 
 preserving the corrective character of the legislation. 
 Rev. St., §§ 1977, 1978, 1979, 5510. The Civil Rights 
 Bill here referred to is analogous in its character to 
 what a law would have been under the original Con- 
 stitution, declaring that the validity of contracts 
 should not be impaired, and that if any person bound 
 by a contract should refuse to comply with it under 
 color or pretence that it had been rendered void or 
 invalid by a State law, he should be liable to an 
 action upon it in the courts of the United States, 
 with the addition of a penalty for setting up such an 
 unjust and unconstitutional defence. 
 
DISCRIMINATION. 
 
 43 
 
 enalties on 
 >r by reason 
 the punish- 
 of a misde- 
 sonment as 
 orrective in 
 
 furnish re- 
 md customs 
 he wrongful 
 s, it is true, 
 
 " any law, 
 to the con- 
 declaratory 
 d ; but the 
 1 forced, and 
 law, retains 
 the penalty 
 parties to a 
 any statute, 
 rritory, thus 
 I legislation. 
 Civil Rights 
 :haracter to 
 riginal Con- 
 jf contracts 
 srson bound 
 th it under 
 red void or 
 liable to an 
 ted States, 
 up such an 
 
 In this connection it is proper to state that civil 
 rights, such as are guaranteed by the Constitution 
 against State aggression, cannot be impaired by the 
 wrongful acts of individuals unsupported by State 
 authority in the shape of laws, customs, or judicial or 
 executive proceedings. The wrongful act of an in- 
 dividual, unsupported by any such authority, is sim- 
 ply a private wrong, or a crime of that individual — 
 an invasion of the rights of the injured party, it is 
 true, whether they affect his person, his property or 
 his reputation ; but if not sanctioned in some way by 
 the State, or not done under State authority, his 
 rights remain in full force, and may presumably be 
 vindicated by resort to the laws of the State for 
 redress. An individual cannot deprive a man of his 
 right to vote, to hold property, to buy and sell, to sue 
 in the courts, or to be a witness or juror ; he may, 
 by force or fraud, interfere with the enjoyment of the 
 right in a particular case ; he may commit an assault 
 against the person, or commit murder, or use ruffian 
 violence at the polls, or slander the good name of a 
 fellow-citizen ; but unless protected in these wrongful 
 acts by some shield of State law or State authority, 
 he cannot destroy or injure the right ; he will only 
 render himself amenable to satisfaction or punish- 
 ment, and amenable therefor to the laws of the State 
 where the wrongful acts are committed. Hence in 
 all of those cases where the Constitution seeks to 
 protect the rights of the citizen against discrimina- 
 tive and unjust laws of the State by prohibiting such 
 laws, it is not individual offences, but abrogation and 
 denial of rights which it denounces, and for which it 
 
44 
 
 THE JIM CROW CAR. 
 
 clothes the Congress with power to provide a remedy. 
 This abrogation and denial of rights, for which the 
 States alone were or could be responsible, was the 
 great seminal and fundamental wrong which was in- 
 tended to be remedied. And the remedy to be pro- 
 vided must necessarily be predicated upon that wrong. 
 It must assume that in the cases provided for the 
 evil or wrong actually committed rests upon some 
 State law or State authority for its excuse and per- 
 petration. 
 
 Of course these remarks do not apply to those 
 cases in which Congress is clothed with direct and 
 plenary powers of legislation over the whole subject, 
 accompanied with an express or implied denial of 
 such power to the States, as in the regulation of com- 
 merce with foreign nations, among the several States, 
 and with the Indian tribes, the coining of money, the 
 establishment of post offices and post roads, the de- 
 claring of war, etc. In these cases Congress has 
 power to pass laws for regulating the subjects speci- 
 fied in every detail, and the conduct and transactions 
 of individuals in respect thereof. But where a sub- 
 ject is not submitted to the general legislative power 
 of Congress, but is only submitted thereto for the 
 purpose of rendering effective some prohibition 
 against particular State legislation or State action in 
 reference to that subject, the power given is limited 
 by Its object, and any legislation by Congress in the 
 matter must necessarily be corrective in its character, 
 adapted to counteract and redress the operation of such 
 prohibited State laws or proceedings of State officers. 
 
 m: 
 
DISCRIMINATION. 
 
 45 
 
 If the principles of interpretation which we have 
 laid down are correct, as we deem them to be (and 
 they are in accord with the principles laid down in 
 the cases before referred to, as well as in the recent 
 case of United States v. Harris^ io6 U. S. 629), it is 
 clear that the law in question cannot be sustained by 
 any grant of legislative power made to Congress by 
 the Fourteenth Amendment. That amendment pro- 
 hibits the States from denying to any person the 
 equal protection of the laws, and declares that Con- 
 gress shall have power to enforce, by appropriate 
 legislation, the provisions of the amendment. The 
 law in question, without any reference to adverse State 
 legislation on the subject, declares that all persons 
 shall be entitled to equal accommodations and privi- 
 leges of inns, public conveyances and places of public 
 amusement, and imposes a penalty upon any indi- 
 vidual who shall deny to any citizen such, equal 
 accommodations and privileges. This is not correc- 
 tive legislation; it is primary and direct; it takes 
 immediate and absolute possession of the subject of 
 the right of admission to inns, public conveyances 
 and places of amusement ; it supersedes and displaces 
 State legislation on the same subject, or only allows 
 it permissive force it ignores such legislation, and 
 assumes that the matter is one that belongs to the 
 domain of national regulation. Whether it would not 
 have been a more effective protection of the rights of 
 citizens to have clothed Congress with plenary power 
 over the whole subject is not now the question. What 
 we have to decide is, whether such plenary power has 
 
46 
 
 THE JIM CROW CAR. 
 
 I 
 
 n t 
 
 been conferred upon Congress by the Fourteenth 
 Amendment ; and in our judgment it has not. 
 
 We have discussed the question presented by 
 the law on the assumption that a right to enjoy equal 
 accommodations and privileges in all inns, public 
 conveyances and places of public amusements, is one 
 of the essential rights of the citizen which no State 
 can abridge or interfere with. Whether it is such a 
 right or not, is a different question which, in the view 
 we have taken of the validity of the law on the ground 
 already stated, it is not necessary to examine. 
 
 We have also discussed the validity of the law in 
 reference to cases arising in the States only ; and not 
 in reference to cases arising in the Territories or the 
 District of Columbia, which are subject to the plenary 
 legislation of Congress in every branch of municipal 
 regulation. Whether the law would be a valid one 
 as applied to the Territories and the District is not a 
 question for consideration in the cases before us ; they 
 all being cases arising within the limits of States. 
 And whether Congress, in the exercise of its power 
 to regulate commerce amongst the several States, 
 might or might not pass a law regulating rights in 
 public conveyances passing from one State to another, 
 is also a question which is not now before us, as the 
 sections in question are not conceived in any such 
 view. 
 
 But the power of Congress to adopt direct and 
 primary, as distinguished from corrective legislation, 
 
 *l 
 
DISCRIMINATION. 
 
 47 
 
 : Fourteenth 
 s not. 
 
 )resented by 
 ) enjoy equal 
 
 inns, public 
 nents, is one 
 ich no State 
 
 it is such a 
 , in the view 
 n the ground 
 mine. 
 
 of the law in 
 ly ; and not 
 ories or the 
 ► the plenary 
 »f municipal 
 a valid one 
 rict is not a 
 ore us ; they 
 ts of States. 
 )f its power 
 eral States, 
 ig rights in 
 i to another, 
 e us, as the 
 n any such 
 
 direct and 
 legislation, 
 
 on the subject in hand, is sought, in the second place, 
 from the Thirteenth Amendment, which abolishes 
 slavery. This amendment declares " that neither 
 slavery nor involuntary servitude, except as a punish- 
 ment for crime, whereof the party shall have been 
 duly convicted, shall exist within the United States, 
 or any place subject to their jurisdiction ;" and it 
 gives Congress power to enforce the amendment by 
 appropriate legislation. 
 
 This amendment, as well as the Fourteenth, is 
 undoubtedly self-executing without any ancillary 
 legislation, so far as its terms are applicable to any 
 existing state of circumstances. By its own unaided 
 force and effect it abolished slavery, and established 
 universal freedom. Still, legislation may be neces- 
 sary and proper to meet all the various cases and cir- 
 cumstances to be affected by it, and to prescribe pro- 
 per modes of redress for its violation in letter or 
 spirit. And such legislation may be primary and 
 direct in its character ; for the amendment is not a 
 mere prohibition of State laws establishing or uphold- 
 ing slavery, but an absolute declaration that slavery 
 or involuntary servitude shall not exist in any part 
 of the United States. 
 
 It is true that slavery cannot exist without law, 
 any more than property in land and goods can exist 
 without law : and, thererore, the Thirteenth Amend- 
 ment may be regarded as nullifying all State laws 
 which establish or uphold slavery. But it has a re- 
 flex character also, establishing and 4?cr^ein^ uni- 
 
48 
 
 THE JIM CROW CAR. 
 
 versal civil and political freedom throughout the 
 United States ; and it is assumed that the power 
 vested in Congress to enforce the article by appro- 
 priate legislation, clothes Congress with power to pass 
 all laws necessary and proper for abolishing all 
 badges and inc* its of slavery in the United States ; 
 and upon this . .mption it is claimed that this is 
 sufficient authority for declaring by law that all per- 
 sons shall have equal accommodations and privileges 
 in all inns, public conveyances and places of amuse- 
 ment ; the argument being that the denial of such 
 equal accommodations and privileges is, in itself, a 
 subjection to a species of servitude within the mean- 
 ing of the amendment. Conceding the major pro- 
 position to be true, that Congress has a right to enact 
 all necessary and proper laws for the obliteration and 
 prevention of slavery with all its badges and inci- 
 dents, is the minor proposition also true, that the 
 denial to any person of admission to the accommo- 
 dations and privileges of an inn, a public conveyance 
 or a theatre does subject that person to any form of 
 servitude, or tend to fasten upon him any badge of 
 slavery? If it does not, then power to pass the law 
 is not found in the Thirteenth Amendment. 
 
 In a very able and learned presentation of the 
 cognate question, as to the extent of the rights, privi- 
 leges and immunities of citizens which cannot right- 
 fully be abridged by State laws under the Fourteenth 
 Amendment, made in a former case, a long list of 
 burdens and disabilities of a servile character incident 
 to feudal vassalage in France, and which were abol- 
 
DISCRIMINATION. 
 
 49 
 
 oughout the 
 
 t the power 
 
 e by appro- 
 
 Dower to pass 
 
 bolishing all 
 
 nited States ; 
 
 I that this is 
 
 that all per- 
 
 nd privileges 
 
 es of amuse- 
 
 enial of such 
 
 is, in itself, a 
 
 in the mean- 
 
 i major pro- 
 
 ight to enact 
 
 literation and 
 
 es and inci- 
 
 rue, that the 
 
 e accommo- 
 
 c conveyance 
 
 > any form of 
 
 my badge of 
 
 pass the law 
 
 ent. 
 
 tation of the 
 rights, privi- 
 cannot right- 
 e Fourteenth 
 long list of 
 icter incident 
 h were abol- 
 
 ished by the decrees of the National Assembly, was 
 presented for the purpose of showing that all in- 
 equalities and observances exacted by one man from 
 another were servitudes, or badges of slavery, which 
 a great nation, in its effort to establish universal 
 liberty, made haste to wipe out and destroy. But 
 these were servitudes imposed by the old law, or by 
 long customj which had the force of lav/, and exacted 
 by one man from another without the latter's consent. 
 Should any such servitudes be imposed by a State 
 law, there can be no doubt that the law would be re- 
 pugnant to the Fourteenth, no less than to the Thir- 
 teenth Amendment ; nor any greater doubt that Con- 
 gress has adequate power to forbid any such servitude 
 from being exacted. 
 
 But is there any similarity between such servi- 
 tudes and a denial by the owner of an inn, a public 
 conveyance or a theatre, of its accommodations and 
 privileges to an individual, even though the denial be 
 founded on the race or color of that individual ? 
 Where doe:> any slavery or servitude, or badge of 
 either, arise from such an act of denial ? Whether 
 it might not be a denial of a right which, if sanctioned 
 by the State law, would be obnoxious to the prohibi- 
 tions of the Fourteenth Amendment is another ques- 
 tion. But what has it to do with the question of 
 slavery ? 
 
 It may be that by the Black Code (as it was 
 called), in the times when slavery prevailed, the pro- 
 
50 
 
 THE JIM CROW CAR. 
 
 'b 
 
 prietors of inns and public conveyances were for- 
 bidden to receive persons of the African race, because 
 it might assist slaves to escape from the control of 
 their masters. This was merely a means of prevent- 
 ing such escapes, and was no part of the servitude 
 itself. A law of that kind could not have any such 
 object now, however justly it might be deemed an 
 invasion of the party's legal right as a citizen and 
 amenable to the prohibitions of the Fourteenth 
 Amendment. 
 
 The long existence of African slavery in this 
 country gave us very distinct notions of what it was, 
 and what were its necessary incidents. Compulsory 
 service of the slave for the benefit of the master, 
 restraint of his movements except by his master's 
 will, disability to hold property, to make contracts, 
 to have a standing in court, to be a witness against a 
 white person, and such like burdens and incapacities 
 were the inseparable incidents of the institution. 
 Severer punishments for crimes were imposed on the 
 slave than on free persons guilty of the same offences 
 Congress, as we have seen, by the Civil Rights Bill 
 of 1866, passed in view of the Thirteenth Amend- 
 ment, before the Fourteenth was adopted, undertook 
 to wipe out these burdens and disabilities, the neces- 
 sary incidents of slavery, constituting its substance 
 and visible form ; and to secure to all citizens of 
 every race and color, without regard to previous ser- 
 vitude, those fundamental rights which are the essence 
 of civil freedom, namely, the same right to make and 
 enforce contracts, to sue, be parties, give evidence, 
 
DISCRIMINATION. 
 
 51 
 
 and to inherit, purchase, lease, sell and convey pro- 
 perty, as is enjoyed by white citizens. Whether this 
 legislation was fully authorized by the Thirteenth 
 Amendment alone without the support which it after- 
 ward received from the Fourteenth Amendment, after 
 the adoption of which it was re-enacted with some 
 additions, it is not necessary to enquire. It is referred 
 to for the purpose of showing that at that time (in 
 1866) Congress did not assume, under the authority 
 given by the Thirteenth Amendment, to adjust what 
 may be called the social rights of men and races in 
 the community, but only to declare and vindicate 
 those fundamental rights which appertain to the 
 essence of citizenship, and the enjoyment or depriva- 
 tion of which constitutes the essential distinction be- 
 tween freedom and slavery. 
 
 We must not forget that the province and scope 
 of the Thirteenth and Fourteenth Amendments are 
 different ; the former simply abolished slavery ; the 
 latter prohibited the States from abridging the privi- 
 leges or immunities of citizens of the United States ; 
 from depriving them of life, liberty or property with- 
 out due process of law, and from denying to any the 
 equal protection of the laws. The amendments are 
 different and the powers of Congress under them are 
 different. What Congress has power to do under 
 one, it may not have power to do under the other. 
 Under the Thirteenth Amendment, it has only to do 
 with slavery and its incidents. Under the Fourteenth 
 Amendment, it has power to counteract and render 
 nugatory all State laws and orocecdings which have 
 
52 
 
 THE JIM CROW CAR. 
 
 the effect to abridge any of the privileges or immuni- 
 ties of citizens of the United States, or to depi've 
 them of life, liberty or property without due process 
 of law, or to deny to any of them the equal protec- 
 tion of the laws. Under the Thirteenth Amendment, 
 the legislation, so far as necessary or proper to eradi- 
 cate all forms and incidents of slavery and involun- 
 tary servitude, may be direct and primary, operating 
 upon the acts of individuals, whether sanctioned by 
 State legislation or not ; under the Fourteenth, as we 
 have already shown, it must necessarily be, and can 
 only be, corrective in its character, addressed to 
 counteract and afford relief against State regula- 
 tions or proceedings. 
 
 The only question under the present head, there- 
 fore, is whether the refusal to any persons of the 
 accommodations of an inn, or a public conveyance, 
 or a place of public amusement, by an individual, 
 and without any sanction or support from the State 
 law regulation, does inflict upon such persons any 
 manner of servitude, or form of slavery, as those 
 terms are understood in this country ? Many wrongs 
 may be obnoxious to the prohibitions of the Four- 
 teenth Amendment which are not, in any just sense, 
 incidents or elements of slavery. Such, for example, 
 would be the taking ot private property without due 
 process of law ; or allowing persons who have com- 
 mitted certain crimes (horse stealing for example) to 
 be seized and hung by the posse comitatus without 
 regular trial ; or denying to any person, or class of 
 persons, the right to pursue any peaceful avocations 
 
DISCRIMINATION. 
 
 53 
 
 immuni- 
 I depi've 
 ; process 
 ,1 protec- 
 endment, 
 to eradi- 
 involun- 
 Dperating 
 ioned by 
 ith, as we 
 , and can 
 ressed to 
 e regula- 
 
 ad, there- 
 
 ns of the 
 
 iveyance, 
 
 idividual, 
 
 the State 
 
 sons any 
 
 as those 
 
 y wrongs 
 
 he Four- 
 
 ist sens^, 
 
 example, 
 
 hout due 
 
 ave com- 
 
 imple) to 
 
 without 
 
 r class of 
 
 vocations 
 
 allowed to others. What is called class legislation 
 would belong to this category, and would be obnoxi- 
 ous to the prohibitions of the Fourteenth Amend- 
 ment, but would not necessarily be so to the Thir- 
 teenth, when not involving the idea of any subjection 
 of one man to another. The Thirteenth Amendment 
 has respect not to distinctions of race, or class, or 
 co'or, but to slavery. The Fourteenth Amendment 
 extends its protection to races and classes, and pro- 
 hibits any State legislation which has the effect of 
 denying to any race or classi or to any individual, the 
 equal protection of the laws. 
 
 Now, conceding, for the sake of the argument, 
 that the admission to an inn, a public conveyance or 
 a place of public amusement, on equal terms with all 
 other citizens, is the right of every man and all 
 classes of men, is it any more than one of those 
 rights which the States by the Fourteenth Amend- 
 ment are forbidden to deny to any person ? And is 
 the Constitution violated until the denial of the right 
 has some State sanction or authority ? Can the act 
 of a mere individual, the owner of the inn, the public 
 conveyance or place of amusement, refusing the ac- 
 commodation, be justly regarded as imposing any 
 badge of slavery or servitude upon the applicant, or 
 only as inflicting an ordinary civil injury, properly, 
 cognizable by the laws of the State, and presumably 
 subject to redress by those laws until the contrary 
 appears ? 
 
 A*'ter giving to these questions all the considera- 
 
 ■PMIPW- 
 
S4 
 
 THE JIM CROW CAR. 
 
 i 
 
 tion which their importance demands, we are forced 
 to the conclusion that such an act of refusal has no- 
 thing to do with slavery or involuntary servitude, and 
 that if it is violative of any right of the party, his 
 redress is to be sought under the laws of the State ; 
 or if those laws are adverse to his rights and do not 
 protect him, his remedy will be found in the corrective 
 legislation which Congress has adopted, or may adopt 
 for counteracting the effect of State laws, or State 
 action prohibited by the Fourteenth Amendment. It 
 would be running the slavery argument into the 
 ground to make it apply to every act of discrimination 
 which a person may see fit to make as to the guests 
 he will entertain, or as to the people he will take into 
 his coach or cab or car, or admit to his concert or 
 theatre, or deal with in other matters of intercourse 
 or business. Innkeepers and public carriers, by the 
 laws of all the States so far as we are aware, are 
 bound, to the extent of their facilities, to furnish pro- 
 per accommodation to all unobjectionable persons 
 who in good faith apply for them. If the laws them- 
 selves make any unjust discrimination, amenable to 
 the prohibitions of the Fourteenth Amendment, Con- 
 gress has full power to afford a remedy under that 
 amendment and in accordance with it. 
 
 When a man has emerged from slavery, and by 
 the aid of beneficent legislation has shaken off the 
 inseparable 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 
 
DISCRIMINATION. 
 
 55 
 
 .re forced 
 l1 has no- 
 tude, and 
 party, his 
 le State ; 
 d do not 
 :orrective 
 ay adopt 
 , or State 
 ment. It 
 into the 
 imination 
 he guests 
 take into 
 oncert or 
 tercourse 
 •s, by the 
 ware, are 
 nish pro- 
 persons 
 ws them- 
 enable to 
 ent, Con- 
 nder that 
 
 ^, and by 
 n off the 
 ; must be 
 when he 
 to be the 
 ghts as a 
 
 citizen, or a man, are to be protected in the ordinary 
 modes by which other men's rights are protected. 
 There were thousands of free colored people in this 
 country before the abolition of slavery, enjoying all 
 the essential rights of life, liberty and property the 
 same as white citizens ; yet no one, at that time, 
 thought that it was any invasion of his personal status 
 as a freeman because he was not admitted to all the 
 privileges enjoyed by white citizens, or because he 
 was subjected to discriminations in the enjoym'^nt of 
 acconrimodations in inris, public conveyances and 
 places of amusement. Mere discriminations on 
 account of race or color were not regarded as badges 
 of slavery. If, since that time, the enjoyment of 
 equal rights in all these respects has become estab- 
 lished by constitutional enactment, it is not by force 
 of the Thirteenth Amendment (which merely abol- 
 ishes slavery), but by force of the Thirteenth and 
 Fifteenth Amendments. 
 
 On the whole we are of opinion, that no counten- 
 ance of authority for the passage of the law in ques- 
 tion can be found in either the Thirteenth or Four- 
 teenth Amendments of the Constitution ; and no 
 other ground of authority for its passage being sug- 
 gested, it must necessarily be declared void, at least 
 so far as its operation in the several States is con- 
 cerned. 
 
 This conclusion disposes of the cases now under 
 consideration. In the cases of the United States v. 
 Michael Ryan^ and of Richard A. Robinson and wife 
 
56 
 
 THE JIM CROW CAR. 
 
 V. The Memphis and Charleston Railroad Company, 
 the judgment must be affirmed. In the other cases, 
 the answer to be given will be that the first and 
 second sections of the act of Congress of March ist, 
 1875, entitled " An Act to protect all citizens in their 
 civil and legal rights," are unconstitutional and void, 
 and that judgment should be rendered upon the 
 several indictments in those cases accordingly, 
 
 And it is so ordered. 
 
 Dissenting Opinion. 
 
 ii I 
 
 Mr. Justice Harlan dissenting. 
 
 The opinion in these cases proceeds, it seems to 
 me, upon grounds entirely too narrow and artificial. 
 I cannot resist the conclusion that the substance and 
 spirit of the recent amendments of the Constitution 
 have been sacrificed by a subtle and ingenius verbal 
 criticism. "It is not the words of the law, but the 
 internal sense of it, that makes the law : the letter of 
 the law is the body ; the sense and reason of the law 
 is the soul." Constitutional provisions, adopted in 
 the interest of liberty, and for the purpose of secur- 
 ing, through national legislation, if need be, rights in- 
 hering in a state of freedom, and belonging to Ameri- 
 can citizenship, have been so construed as to defeat 
 the ends the people desired to accomplish, which they 
 attempted to accomplish, and which they supposed 
 they had accomplished by changes in their funda- 
 mental jaw. By this I do not mean that the deter- 
 
DISCRIMINATION. 
 
 57 
 
 Company^ 
 ►ther cases, 
 
 first and 
 
 March ist, 
 
 ns in their 
 
 and void, 
 
 upon the 
 
 w ordered. 
 
 seems to 
 1 artificial, 
 tance and 
 institution 
 ius verbal 
 ^y but the 
 e letter of 
 )f the law 
 lopted in 
 of secur- 
 rights in- 
 o Ameri- 
 to defeat 
 hich they 
 supposed 
 ir funda- 
 lie deter- 
 
 mination of these cases should have been materially 
 controlled by considerations of mere expediency or 
 policy. I mean only in this form, to express an 
 earnest conviction that the court has departed from 
 the familiar rule requiring, in the interpretation of 
 constitutional provisions, that full effect be given to 
 the intent with which they were adopted. 
 
 The purpose of the first section of the Act of 
 Congress of March i, 1875, was to prevent race dis- 
 crimination in respect of the accommodations and 
 facilities of inns, public conveyances and places of 
 public amusement. It does not assume to define the 
 general conditions and limitations under which inns, 
 public conveyances and places of public amusement 
 may be conducted, but only declares that such con- 
 ditions and limitations, whatever they may be, shall 
 not be applied so as to work a discrimination solely 
 because of race, color or previous condition of servi- 
 tude. The second section provides a penalt^^ against 
 any one denying, or aiding or inciting the denial, to 
 any citizen, of that equality of right given by the first 
 section, except for reasons by law applicable to citi- 
 zens of every race or color and regardless of any 
 previous condition of servitude. 
 
 There seems to be no substantial difference be- 
 tween my brethren and myself as to the purpose of 
 Congress ; for, they say that the essence of the law 
 is, not to declare broadly that all persons shall be 
 entitled to the full and equal enjoyment of the accom- 
 modations, advantages, facilities and privileges of inns. 
 
 I, 
 
5^ 
 
 THE JIM CROW CAR. 
 
 public conveyances and theatres ; but that such en- 
 joyment shall not be subject to conditions applicable 
 only to citizens of a particular race or color, or who 
 had been in a previous condition of servitude. The 
 effect of the statute, the court says, is, that colored 
 citizens, whether formerly slaves or not, and citizens 
 of other races, shall have the same accommodations 
 and privileges in all inns, public conveyances and 
 places of amusement as are enjoyed by white per- 
 sons ; and vice versa. 
 
 The court adjudges, I think erroneously, that 
 Congress is without power, under either the Thirteenth 
 or Fourteenth Amendments, to establish such regula- 
 tions, and that the first and second sections of the 
 statute are, in all their parts, unconstitutional and 
 void. 
 
 Whether the legislative department of the gov- 
 ernment has transcended the limits of its constitu- 
 tional powers, " is at all times," said the court in 
 Fletcher v. Peck^ 6 Cr. 128, " a question of much deli- 
 cacy, which ought seldom, \( ever, to be decided in 
 the affirmative, in a doubtful case The opposi- 
 tion between the Constitution and the law should be 
 such that the judge feels a clear and strong conviction 
 of their incompatibility with each other." More re- 
 cently in Sinking Fund Cases, 99 U. S., 718, we said : 
 " It is our duty when required in the regular course of 
 judicial proceedings, to declare an Act of Congress 
 void if not within the legislative power of the United 
 States ; but this declaration should never be made 
 
DISCRIMINATION. 
 
 59 
 
 except in a clear case. Every possible presumption 
 is in favor of the validity of a statute, and this con- 
 tinues until the contrary is shown beyond a rational 
 doubt. One branch of the government cannot en- 
 croach on the domain of. another without danger. 
 The safety of our institutions depends in no small 
 degree on a strict observance of this salutary rule." 
 
 Before considering the language and scope of 
 these amendments, it will be proper to recall the re- 
 lations subsisting, prior to their adoption, between the 
 national government and the institution of slavery, 
 as indicated by the provisions of the Constitution, 
 the legislation of Congress, and the decisions of this 
 court. In this mode we may obtain keys with which 
 to open the mind of the people, and discover the 
 thought intended to be expressed. 
 
 In section 2 of article IV. of the Constitution it 
 was provided that " no person held to service or labor 
 in one State, under the laws thereof, escaping into 
 another, shall, in consequence of any law or regula- 
 tion therein, be discharged from such service or labor, 
 but shall be delivered up on claim of the party to 
 whom such service or labor may be due." Under 
 authority of this clause Congress passed the Fugitive 
 Slave Law of 1793, establishing a mode for the re- 
 covery of fugitive slaves, and prescribing a penalty 
 against any person who should knowingly and wil- 
 lingly obstruct or hinder the master, his agent, or 
 attorney, in seizing, and recovering the fugitive, or 
 who should rescue the fugitive from him, or who 
 
6o 
 
 THE JIM CROW CAR. 
 
 should harbor or conceal the slave after notice that 
 he was a fugitive. 
 
 In Prigg V. Commomvealth of Pennsylvania^ i6 
 Pet. 539, this court had occasion to define the powers 
 and duties of Congress in reference to fugitives from 
 labor. Speaking by Mr. Justice Story, it laid 
 down these propositions : 
 
 That a clause of the Constitution conferring a right 
 should not be so construed as to make it shadowy, or 
 unsubstantial, or leave the citizen without a remedial 
 power adequate for its protection, when another con- 
 struction equally accordant with the words and the 
 sense in which they were used, would enforce and 
 protect the right granted : 
 
 That Congress is not restricted to legislation for 
 the execution of its expressly granted powers ; but 
 for the protection of rights guaranteed by the Consti- 
 tution, may employ such means, not prohibited, as 
 are necessary and proper, or such as are appropriate, 
 to attain the ends proposed : 
 
 That the Constitution recognized the master's 
 right of property in his fugitive slave, and, as inci- 
 dental thereto, the right of seizing and recovering 
 him, regardless of any State law, or regulation, or 
 local custom whatsoever ; and, 
 
 That the right of the master to have his slave, 
 thus escaping, delivered up on claim, being guaran- 
 
DISCRIMINATION. 
 
 6i 
 
 teed by the Constitution, the fair implication was that 
 the national government was clothed v/ith appro- 
 priate authority and functions te enforce it. 
 
 The court said : " The fundamental principle, 
 applicable to all cases of this sort, would setin to be 
 that when the end is required the means are given, 
 and when the duty is enjoined the ability to perform 
 it is contemplated to exist on the part of the func- 
 tionary to whom it is entrusted." Again : " It would 
 be a strange anomaly and forced construction to sup- 
 pose that the national government meant to rely lor 
 the due fulfillment of its own proper duties, and the 
 rights which it intended to secure, upon state legisla- 
 tion, and not upon that of the Union. A fortiori^ it 
 would be more objectionable to suppose that a power 
 which was to be the same throughout the Union, 
 should be confided to State sovereignty which could 
 not rightfully act beyond its own territorial limits." 
 
 The act of 1793 was, upon these grounds, ad- 
 judged to be a constitutional exercise of the powers 
 of Congress. 
 
 It is to be observed from the report of Prigg's 
 case that Pennsylvania, by her attorney-general, 
 pressed the argument that the obligation to surrender 
 fugitive slaves was on the States and for the States, 
 subject to the restriction that they should not pass 
 laws or establish regulations liberating such fugitives ; 
 that the Constitution did not take from the States 
 the right to determine the status of all persons within 
 
62 
 
 THE JIM CROW CAR. 
 
 their respective jurisdictions ; that it was for the State 
 in which the alleged fugitive was found to determine, 
 through her courts or in such modes as she prescribed, 
 whether the person arrested was, in fact, a freeman 
 or a fugitive slave ; that the sole power of the general 
 government in the premises was, by judicial instru- 
 mentality, to restrain and correct, not to forbid and 
 prevent in the absence of hostile State action ; and 
 that for the general government to assume primary 
 authority to legislate on the subject of fugitive slaves, 
 to the exclusion of the States, would be a dangerous 
 encroachment on State sovereignty. But to such 
 suggestions this court turned a deaf ear, and adjudged 
 that primary legislation by Congress to enforce the 
 master's right was authorized by the Constitution. 
 
 We next come to the Fugitive Slave Act of 1850, 
 the constitutionality of which rested, as did that of 
 1793, solely upon the implied power of Congress to 
 enforce the master's rights. The provisions of that 
 act were far in advance of previous legislation. They 
 placed at the disposal of the master seeking to 
 recover his fugitive slave, substantially the whole 
 power of the nation. It invested commissioners, 
 appointed under the act, with power to summon the 
 posse comitatiis for the enforcement of its provisions, 
 and commanded all good citizens to assist in its 
 prompt and efficient execution whenever their services 
 were required as part of the posse comitatus. With- 
 out going into the details of that act, it is sufficient 
 to say that Congress omitted from it nothing which 
 the utmost ingenuity could suggest as essential to the 
 
DISCRIMINATION. 
 
 63 
 
 successful enforcement of the master's claim to re- 
 cover his fugitive slave. And this court, in Ablentan 
 V. Booths 21 How. 506, adjudged it to be "in all of 
 its provisions fully authorized by the Constitution of 
 the United States." 
 
 The only other case, prior to the adoption of the 
 recent amendments, to which reference will be made, 
 is that of Dred Scott v. Sanford^ 19 How, 399. That 
 case was instituted in a circuit court of the United 
 States by Dred Scott, claiming to be a citizen of 
 Missouri, the defendant being a citizen of another 
 State. Its object was to assert the title of himself 
 and family to freedom. The defendant pleaded in 
 abatement that Scott — being of African descent, 
 whose ancestors, of pure African blood, were brought 
 into this country and sold as slaves — was not a citizen. 
 The only matter in issue, said the court, was whether 
 the descendants of slaves thus imported and sold, 
 when they should be emancipated, or who were born 
 of parents who had become free before their birth, 
 are citizens of a State in the sense in which the word 
 "citizen" is used in the Constitution of the United 
 States. 
 
 In determining that question the court instituted 
 an inquiry as to who were citizens of the several 
 States at the adoption of the Constitution, and who, 
 at that time, were recognized as the people whose 
 rights and liberties had been violated by the British 
 Government. The result was a declaration, by this 
 court, speaking by Chief Justice Taney, that the 
 
64 
 
 THE JIM CROW CAR. 
 
 
 legislation and histories of the times, and the lan- 
 guage used in the Declaration of Independence, 
 showed " that neither the class of persons who had 
 been imported as slaves, nor their descendants, whe- 
 ther they had become free or not, were then acknow- 
 ledged as a part of the people, nor intended to be 
 included in the general woids used in that instru- 
 ment ;" that " they had for more than a century be- 
 fore been regarded as beings of an inferior race, and 
 altogether unfit to associate with the v^hite race, either 
 in social or political relations, and so far inferior that 
 they had no rights which the white man was bound 
 to respect, and that the negro might justly and law- 
 fully be reduced to slavery for his benefit ;" that he 
 was " bought and sold, and treated as an ordinary 
 article of merchandise and traffic, whe ever a profit 
 could be made by it ;" and, that " this opinion was 
 at that time fixed and universal in the civilized por- 
 tion of the white race. It was regarded as an axiom 
 in morals as well as in politics, which no one thought 
 of disputing, or supposed to be open to dispute ; and 
 men in every grade and position in society daily and 
 habitually acted upon it in their private pursuits, as 
 well as in matters of public concern, without for a 
 moment doubting the correctness of this opinion." 
 
 The judgment of the court was that the words 
 " people of the United States " and " citizens " meant 
 the same thing, both describing the political body 
 who, according to our republican institutions, form 
 the sovereignty and hold the power and conduct the 
 government through their representatives ;" that 
 
DISCRIMINATION. 
 
 65 
 
 " they are what we familiarly call the ' sovereign peo- 
 ple,' and ' every citizen is one of this people and a 
 constituent member of this sovereignty ;' but, that 
 the class of persons described in the plea in abate- 
 ment did not compose a portion of this people, were 
 not " included and were not intended to be included 
 ander the word * citizens ' in the Constitution ; ' that, 
 therefore, they could " claim none of the rights jand 
 privileges which that instrument provides for and 
 secures to citizens of the United States ;" that, " on 
 the contrary, they were at that time considered as a 
 subordinate and inferior class of beings, who had 
 been subjugated by the dominant race, and, whether 
 emancipated or not, yet remained subject to their 
 authority, and had no rights or privileges but such as 
 those who held the power and tlie government might 
 choose to grant them.'* 
 
 Such were the relations which formerly existed 
 between the government, whether national or State, 
 and the descendants, whether free or in bondage, of 
 those of African blood, who had been imported into 
 this country and sold as slaves. 
 
 The first section of the Thirteenth Amendment 
 provides that " neither slavery nor involuntary servi- 
 tude, except as a punishment for crime, whereof the 
 party shall have been duly convicted, shall exist 
 within the United States, or any place subject to their 
 jurisdiction.'' Its second section declares that " Con- 
 gress shall have power to enforce this article by appro- 
 
66 
 
 THE JIM CROW CAR. 
 
 
 priate legislation." This amendment was followed 
 by the Civil Rights Act of April 9, 1866, 
 which, among other things, provided that " all persons 
 born in the United States, and not subject to any- 
 foreign power, excluding Indians not taxed, and here- 
 by declared to be citizens of the United States." 14 
 Stat. 27. The power of Congress, in this mode, to 
 elevate the enfranchised race to national citizenship, 
 was maintained by the supporters of the act of 1886 
 to be as full and complete as its power, \iy general 
 statute, to make the children, being of full age, of 
 persons naturalized in this country, citizens of the 
 United States without going through the process of 
 naturalization. The act of 1866, in this respect was 
 also likened to that of 1843, in which Congress de- 
 clared "that the Stockbridge tribe of Indians, and 
 each and every one of them, shall be deemed to be 
 and are hereby declared to be, citizens of the United 
 States to all intents and purposes, and shall be en- 
 titled to all the rights, privileges, and immunities of 
 such citizens, and shall in all respects be subject to 
 the laws of the United States." If the act of 1866 
 was valid in conferring national citizenship upon all 
 embraced by its terms, then the colored race, enfran- 
 chised by the Thirteenth Amendment, became citi- 
 zens of the United States prior to the adoption of 
 the Fouiteenth Amendment. But, in the view which 
 I take of the present case, it is not necessary to ex- 
 amine this question. 
 
 The terms of the Thirteenth Amendment are 
 absolute and universal. They embrace ever^ race 
 
DISCRIMINATION. 
 
 6y 
 
 which then was, or might thereafter be, within the 
 United States No race, as such, can be excluded 
 from the benefits or rights thereby conferred. Yet, 
 it is historically true that that amendment was sug- 
 gested by the condition, in this country, of that race 
 which had been declared, by this court, to have had 
 — according to the opinion entertained by the most 
 civilized portion of the white race, at the time of the 
 adoption of the Constitution — " no rights which the 
 white man was bound to respect," none of the privi- 
 leges or immunities secured by that instrument to 
 citizens of the United States. It had reference, in a 
 peculiar sense, to a people which (although the larger 
 part of them were in slavery) had been invited by an 
 act of Congress to aid in saving from overthrow a 
 government which theretofore, by all of its depart- 
 ments, had treated them as an inferior race, with no 
 legal rights or privileges, except such as the white race 
 might choose to grant them. 
 
 These are the circumstances under which the 
 Thirteenth Amendment was proposed for adoption. 
 They are now recalled only that we may better under- 
 stand what was in the minds of the people when that 
 amendment was considered, and what were the mis- 
 chiefs to be remedied and the grievances to be re- 
 dressed by its adoption. 
 
 We have seen that the power of Congress, by 
 legislation, to enforce the master's right to have his 
 slave delivered up on claim was implied from the 
 recognition of that right in the national Constitution. 
 
68 
 
 THE JIM CROW CAR. 
 
 But the power conferred by the Thirteenth Amend- 
 ment does not rest upon imph'cation or inference. 
 Those who framed it were ignorant of the discussion, 
 covering many years of our country's history, as to 
 the constitutional power of Congress to enact the 
 Fugitive Slave Laws of 1793 and 1850. When, there- 
 fore, it was determined, by a change in the funda- 
 mental law, to uproot the institution of slavery wher- 
 ever it existed in the land, and to establish universal 
 freedom, there was a fixed purpose to place the 
 authority of Congress in the premise? beyond the 
 possibility of a doubt. Therefore, ex industt ia, power 
 to enforce the Thirteenth Amendment, by appropriate 
 legislation, was expressly granted. Legislation for 
 that purpose, my brethren concede, may be direct 
 and primary. But to what specific ends may it be 
 directed ? This court has uniformly held that the 
 national government has the power, whether expressly 
 given or not, to secure and protect rights conferred 
 or granted by the Constitution. United S sates v. 
 Reese^ 92 U. S. 214 ; Strauder v. West Virginia, 100 
 U. S. 303. That doctrine ought not now to be aban- 
 doned when the inquiry is not as to an implied power 
 to protect the master's rights, but what may Congress, 
 under powers expressly granted, do for the protection 
 of freedom and the rights necessarily inhering in a 
 state of freedom. 
 
 The Thirteenth Amendment, it is conceded, did 
 somethi g more than to prohibit slavery as an insti- 
 tution, resting upon distinction of race, and upheld 
 by positive law. My brethren admit that it estab- 
 
DISCRIMINATION. 
 
 69 
 
 lished and decreed universal civil freedom throughout 
 the United States. But did the freedom thus estab- 
 lished involve nothing more than exemption from 
 actual slavery ? Was nothing more intended than to 
 forbid one man from owning another as property ? 
 Was it the purpose of the nation simply to destroy 
 the institution, and then remit the race, theretofore 
 held in bondage, to the several States for such pro- 
 tection, in their civil rights, necessarily growing out 
 of freedom, as those states in their discretion, might 
 choose to provide ? Were the States against whose 
 protest the institution was destroyed, to be left free, 
 as far as national interference was concerned, to make 
 or allow discriminations against that race, as such, in 
 the enjoyment of those fundamental rights which by 
 universal concession, inhere in a state of freedom ? 
 Had the Thirteenth Amendment stopped with the 
 sweeping declaration, in its first section, against the 
 existence of slavery and involuntary servitude, except 
 for crime, Congress would have had the power, by 
 implication, according to the doctrine of Prigg v. 
 Commomvealih of Pennsylvania, repeated in Strauder 
 V. West Virginia, to protect the freedom established, 
 and consequently, to secure the enjoyment of such 
 cfvil rights as were fundamental in freedom. That it 
 can exert its authority to that extent is made clear, 
 and was intended to be made clear, by the express 
 grant of power contained in the second section of the 
 Amendment. 
 
 That there are burdens and disabilities which 
 constitute badges of slavery and servitude, and that 
 
 [lat it estab- 
 
?o 
 
 THK jIM CROW CAk. 
 
 the power to enforce by appropriate legislation the 
 Thirteenth Amendment may be exerted by legisla- 
 tion of a direct and primary character, for the eradi- 
 cation, not simply of the institution, but of its badges 
 and incidents, arc propositions which ought to be 
 deemed indisputable. They lie at the foundation of 
 the Civil Rights Act of 1866. Whether that act was 
 authorized by the Thirteenth Amendment alone, 
 without the support which it subsequently received 
 from the Fourteenth Amendment, after the adoption 
 of which it was re-enacted with some additions, my 
 brethren do not consider it necessary, to inquire. But 
 I submit, with all respect to them, that its constitu- 
 tionality is conclusively shown by their opinion. They 
 admit, as I have said, that the Thirteenth Amend- 
 ment established freedom ; that there are burdens 
 and disabilities, the necessary incidents of slavery, 
 which constitute its substance and visible form ; that 
 Congress, by the act of 1866, passed in view of the 
 Thirteenth Amendment, before the Fourteenth was 
 adopted, undertook to remove certain burdens and 
 disabilities, the necessary incidents of slavery, and to 
 secure to all citizens of every race and color, and with- 
 out regard to previous servitude, those fundamental 
 rights which are the essence of civil freedom, namely, 
 the same right to make and enforce contracts, to sue 
 be parties, give evidence, and to inherit, purchase, 
 lease, sell and convey property as is enjoyed by white 
 citizens ; that under the Thirteenth Amendment, Con- 
 gress has to do with slavery and its incidents ; and 
 that legislation, so far as necessary or proper to era- 
 dicate all forms and incidents of slavery and involun- 
 
 
DISCRIMINATION 
 
 71 
 
 gislation the 
 d by legisla- 
 )r the eradi- 
 o( its badges 
 ought to be 
 oundation of 
 that act was 
 ment alone, 
 tly received 
 he adoption 
 dditions, my 
 inquire. But 
 its constitu- 
 3inion. They 
 nth Amend- 
 are burdens 
 s of slavery, 
 e form ; that 
 1 view of the 
 Lirteenth was 
 burdens and 
 Lvery, and to 
 or, and with- 
 fundamental 
 iom, namely, 
 tracts, to sue 
 it, purchase, 
 red by white 
 idment, Con- 
 :idents ; and 
 oper to era- 
 and involun- 
 
 tary servitude, may be direct and primary, operating 
 upon the acts of individuals whether sanctioned by 
 State legislation or not. These propositions being 
 conceded, it is impossible, as it seems to me, to ques- 
 tion the constitutional validity of the Civil Rights Act 
 of 1866. I do not contend that the Thirteenth 
 Amendment vests Congress with authority, by legis- 
 lation, to define and regulate the entire body of the 
 civil rights which citizens enjoy, or may enjoy, in the 
 several States. But I hold that since slavery, as the 
 court has repeatedly declared, Slaughtet -house Cases. 
 16 Wall. 36 ; Strauder v West Virginia^ 100 U. S. 
 303, was the moving or principal cause of the adopt- 
 ion of that amendment, and since that institution 
 rested wholly upon the inferiority as a race, of those 
 held in bondage, their freedom necessarily involved 
 immunity from, and protection against all discrimi- 
 nation against them because of their race, in respect 
 of such civil rights as belong to freemen of other 
 races. Congress, therefore, under its express power 
 to enforce that amendment by appropriate legisla- 
 tion, may enact laws to protect that people against 
 the deprivation, because of their race^ of any civil rights 
 granted to other freemen in the same State ; and such 
 legislation may be of a direct and primary character, 
 operating upon States, their officers and agents, and, 
 also, upon, at least, such individuals and corporations 
 as exercise public functions and wield power and au- 
 thority under the State. 
 
 To test the correctness of this position, let us 
 suppose that, prior to the adoption of the Fourteenth 
 
n 
 
 THE JIM CROW CAR. 
 
 K 
 
 Amendment, a State had passed a statute denying^ to 
 freemen of African descent, resident within its limits, 
 the same right which was accorded to white persons, 
 of making and enforcing contracts, and of inheriting, 
 purchasing, leasing, selling and conveying property ; 
 or a statute subjecting colored people to severer pun- 
 ishment for particular offences than was prescribed 
 for white persons, or excluding that race from the 
 benefit of the laws exempting homesteads from exe- 
 cution. Recall the legislation of 1865-6 in some of 
 the States, of which this court, in the Slaughter-house 
 CaseSy said, that it imposed upon the colored race 
 onerous disabilities and burdens ; curtailed their 
 rights in the pursuits of life, liberty and property to 
 such an extent that their freedom was of little value ; 
 forbade them to appear in the towns in any other 
 character than menial servants ; required them to re- 
 side on and cultivate the soil, without the right to 
 purchase or own it ; excluded them from many occu- 
 pations of gain, and denied them the privilege of giv- 
 ing testimony in the courts where a white man was a 
 party. 16 Wall. 57. Can there be any doubt that 
 all such enactments might have been reached by 
 direct legislation upon the part of Congress under its 
 express power to enforce the Thirteenth Amend- 
 ment ? Would any court have hesitated to declare 
 that such legislation imposed badges of servitude in 
 conflict with the civil freedom ordained by that 
 amendment } That it would have been in conflict 
 with the Fourteenth Amendment, because inconsis- 
 tent with the fundamental rights of American citi- 
 
DISCRIMINATION. 
 
 73 
 
 zenship, does not prove that it would have been 
 consistent with the Thirteenth Amendment. 
 
 What has been said is sufficient to show that the 
 power of Congress under the Thirteenth Amendment 
 is not necessarily restricted to legislation against 
 slavery as an institution upheld by positive law, but 
 may be exerted to the extent, at least, of protecting 
 the liberated race against discrimination in respect of 
 legal rights belonging to freemen, where such dis- 
 crimination is based upon race. 
 
 It remains now to inquire what are the legal 
 rights of colored persons in respect of the accommo- 
 dations, privileges and facilities of public convey- 
 ances, inns and places of public amusement ? 
 
 First, as to public conveyances on land and water. 
 In New Jersey Steam Navigation Co. v. Merchants' 
 Bank, 6 How. 344, this court, speaking by Mr. Justice 
 Nelson, saJd that a common carrier is " in the exer- 
 cise of a sort of public office, and has public duties 
 to perform, from which he should not be permitted to 
 exonerate himself without the assent of the parties 
 concerned." To the same effect is Mtinn v. Illinois, 
 94 U. S. 113. In Olcott V. Supervisors, 16 Wall. 6"]^, 
 it was ruled that railroads are public highways, es- 
 tablished by authority of the State for public use ; 
 that they are none the less public highways, because 
 controlled and owned by private corporations ; that 
 it is a part of the function of government to make 
 and maintain highways for the convenience of the 
 
74 
 
 THE JIM CROW CAR. 
 
 public ; that no matter who is the agent, or what is 
 the agency, the function performed is that of the 
 State ; that although the owners may be private 
 companies, they may be compelled to permit the pub- 
 lic to use these works in the manner in which they 
 can be used ; that, upon these grounds alone, have 
 the courts sustained the investiture of railroad cor- 
 porations with the State's right of eminent domain, 
 or the right of municipal corporations, under legisla- 
 tive authority, to assess, levy and collect taxes to aid 
 in the construction of railroads. So in Township of 
 Queensbury v. Culver, 19 Wall. 83, it was said that a 
 municipal subscription of railroad stock was in aid 
 of the construction and maintenance of a public high- 
 way, and for the promotion of a public use. Again, 
 in Township of Pine Grove v. Talcott^ 19 Wall. 666: 
 " Though the corporation [railroad] was private, its 
 work was public, as much so as if it were to be con- 
 structed by the State." To the like effect are nu- 
 merous adjudications in this and the State courts 
 with which the profession is familiar, '^'he Supreme 
 Judicial Court of Massachusetts, in Inhabitants of 
 Worcester v. The Western R. R, Corporation^ 4 Met. 
 564, said in reference to a railroad : 
 
 " The establishment of that great thoroughfare is 
 regarded as a public work, established by public au- 
 thority, intended for the public use and benefit, the 
 use of which is secured to the whole community, and 
 constitutes, therefore, like a canal, turn-pike, or high- 
 way, a public easement. ... It is true that the real 
 and personal property, necessary to the establishment 
 
DISCRIMINATION. 
 
 75 
 
 and management of the railroad, is vested in the cor- 
 poration ; but it is in trust for the public." In Erie^ 
 etc., R, R. Co. V. Casey y 26 Penn St. 287, the court, re- 
 ferring to an act repealing the charter of a railroad, 
 and under which the State took possession of the 
 road, said : " It is a public highway, solemnly de- 
 voted to public use. When the lands were taken it 
 was for such use, or they could not have been taken 
 at all. . . , Railroads established upon land taken 
 by the right of eminent domain by authority of the 
 commonwealth, created by her laws as thorough- 
 fares for commerce, are her highways. No corpora- 
 tion has property in them, though it may have fran- 
 chises annexed to and exercisable within them." 
 
 In many courts it has been held that because of 
 the public interest in such a corporation the land of a 
 railroad company cannot be levied on and sold under 
 execution by a creditor. The sum of the adjudged 
 cases is that a railroad corporation is a government 
 agency, created primarily for public purposes, and 
 subject to be controlled for the public benefit. Upon 
 this ground the State, when unfettered by contract, 
 may regulate, in its discretion, the rates of fares of 
 passengers and freight. And upon this ground, too, 
 the State may regulate the entire management of 
 railroads in all matters affecting the convenience and 
 safety of the public ; as, for example, by regulating 
 speed, compelling stops of prescribed length at sta- 
 tions, and prohibiting discriminations and favoritism. 
 If the corporation neglect or refuse to discharge its 
 duties to the public, it may be coerced to do so by 
 
76 
 
 THE JIM CKOW CAR. 
 
 appropriate proceedings in the name or in behalf 
 of the State. 
 
 Such being the relations these corporations hold 
 to the public, it would seem that the right of a colored 
 person to use an improved public highway, upon the 
 terms accorded to freemen of other races, is as funda- 
 mental, in the state of freedom established in this 
 country, as are any of the rights which my brethren 
 conceive to be so far fundamental as to be deemed 
 the essence of civil freedom. " Personal liberty con- 
 sists," says Blackstone, " in the power of locomotion, 
 of changing situation, or removing one's person to 
 whatever places one's own inclination may direct, 
 without restraint, unless by due course of law." But 
 of what value is this right of locomotion, if it may be 
 clogged by such burdens as Congress intended by the 
 act of 1875 to remove ? They are burdens which lay 
 at the very foundation of the institution of slavery as 
 it once existed. They are not to be sustained, except 
 upon the assumption that there is, in this land of uni- 
 versal liberty, a class which may still be discriminated 
 against, even in respect of rights of a character so 
 necessary and supreme, that deprived of their employ- 
 ment in common with others, a freeman is not only 
 branded as one inferior and infected, but, in the com- 
 petitions of life, is robbed of some of the most essen- 
 tial means of existence ; and all this solelv because 
 they belong to a particular race which the nation has 
 liberated. The Thirteenth Amendment alone oblit- 
 erated the race line, so far as all rights fundamental 
 in a state of freedom are concerned. 
 
 
DISCRIMINATION. 
 
 n 
 
 Second, as to inns. The same general observa- 
 tions which have been made as to railroads are appli- 
 cable to inns. The word ' inn ' has a technical legal 
 signification. It means, in the act of 1875, just what 
 it meant at common law. A mere private boarding- 
 house is not an inn, nor is its keeper subject to the 
 responsibilities, or entitled to the privileges of a com- 
 mon innkeeper. " To constitute one an innkeeper, 
 within the legal force of that term, he must keep a 
 house of entertainment or lodging for all travelers or 
 wayfarers who might choose to accept the same, be- 
 ing of good character or conduct." Redficld on Car- 
 riers, etc., § 775. 
 
 The United States Government is divided into 
 three co-ordinate departments : — (i) Legislative, (2) 
 Executive, (3) Judiciary. These departments are an 
 obscure deception to the negro. These departments 
 arc upheld and supported by 8,cX)0,ooo black people, 
 and scarcely one escapes the dreadful discrimination 
 which in all cases means respectable accommodation 
 for the white man and disrespectable accommodation 
 for the black man. 
 
 Salus-populi-supre Ma-est-lex. 
 
 When the welfare of a race is evinced in the 
 supreme law of the nation, and that law disfranchises 
 that race, then where shall the race appeal. Certainly 
 the colored race has appealed to Almighty God, to 
 
78 
 
 THE JIM CROW CAR. 
 
 whom may glory and praise be given for over. As 
 Abraham Lincoln was instrumental in bringing about 
 freedom of the black race, so will the Almighty plant 
 within the hearts of such heroes as John Brown and 
 Fred. Douglas a seed of right, and it will grow and 
 ultimately overshadow the wrong. It is noticeable 
 that the evil forces rush on the negro with one accord : 
 that is, all the leaders of the American Government 
 apparently have secret consultation as to the treat 
 ment of a black man. Even merchants, hotel men, 
 livery stable men, news men, and train men, all drift 
 conjointly against the negro to uphold their own 
 affairs, and especially do the colored man out of his 
 rights and earnings. The following clipping from a 
 Decatur daily newspaper will serve readily in sup- 
 port of the foregoing statement : — 
 
 Under the Civil Rights Bill. 
 
 '*Nay Boggess was in Blue Mound yesterday to 
 prosecute a case where J. C. Coleman sues to recover 
 $200 damages from Landlord Blair. Coleman is a 
 negro and declares that he was denied entertainment 
 at Blair's hostelry. The case was to have been heard 
 yesterday before Justice Tidd, but Coleman tele- 
 graphed from McLean county that he was detained 
 there by the illness of his wife, and on this plea the 
 case was continued until Monday next. It is likely 
 that the case will be dismissed at Blue Mound and be 
 re-instituted in the circuit court." 
 
 The above article appeared in one ot the Deca- 
 
!*v 
 
 DISCRIMINATION. 
 
 79 
 
 tur, 111., daily leading newspapers in the summer of 
 1894. The editorial staff no doubt were aware of 
 the procedure and termination of all such cases, other- 
 wise the prediction that the " case would be dismissed 
 in Blue Mound and re-instituted in the circuit court," 
 could not have been so frankly and authentically 
 announced. The numerous disappointments attend- 
 ing my struggle to obtain justice in this case are so 
 multitudinous space cannot just here be allotted for 
 further explanation. Some incidents connected with 
 the travel during the summer of 1894 in t'.j "great" 
 Sta^e of Illinois are of praiseworthy importance to 
 the reader orr other pages. 
 
CHAPTER IT. 
 
 IMPOSITION. 
 
 It may be conceded that the observations arc 
 synonymous, in that they express the sum and sub- 
 stance of the first observation under the caption In- 
 justice. In the preceding chapter we have brought 
 out clearly the Discriminating elements. The im- 
 posing forces expand as fast as the white popu- 
 lation increases in the Southern States, and has de- 
 veloped into many Northern '* quarters." The great, 
 the small, the rich and the poor, the high and the 
 lew, white persons, all have their way of bantering 
 their colored brother. As a rule young white men 
 and young colored men are at variance with each 
 other. The same may be said of young white and 
 colored women. The " whites " of both sexes avoid 
 politeness with the colored to show their superiority. 
 Children are innocent. The poor boy, whose father 
 is the servant of a millionaire, can usually find room 
 in the play yard of the millionaire's children ; but 
 this is not so in the case of the white and colored 
 boy. The white boy early learns that the colored 
 boy must eat last, drink last, pass through the gate 
 last, and have the last choice of the toys. 
 
 One of the most singular and inhuman habits 
 the American white people possess, is that of shirking 
 
 |MQ 
 
IMPOSITION. 
 
 8i 
 
 the colored people during luncheon. Their colored 
 cook may have handled and even partaken of every 
 piece in the dish ; but the most refined, decent— lady 
 or gentleman alike — colored person is extremely ab- 
 horred and debarred on this occasion. We note these 
 facts as local condition of affairs. 
 
 The general Imposition o*^ the colored race are 
 — (i) Lynching, (2) Discount in wages, and (3) Im- 
 moral conduct with colored women. Before be- 
 ginning to elucidate these points, it is well to deter- 
 mine whether the black man is worthy of any ciefence 
 in this direction — is he qualified for a neighbor ? or 
 does he intrude on the rights of the Government, or 
 on the municipal rights, or on individual rights ? is he 
 a subject of charity, as many other foreign nation- 
 alities ? These vital considerations and most import- 
 ant questions are answered to some extent in the 
 following clipping from the Chicago Tnter-Ocean^ 
 June 26, 1894 : — 
 
 "Only 46 Out of 4,200. 
 
 " Some interesting statistics have been furnished 
 by the secretary of tne School Children's Aid Society 
 relative to the work done during the winter of 1893- 
 94. As is generally known, the society is an out- 
 growth and under the direct patronage of the Chicago 
 Women's Club. It was organized after the enact- 
 ment of the compukorv education law of Illinois for 
 the purpose of clothing the children of the poor who 
 F 
 
•->::;;.-,, 
 
 82 
 
 THE JIM CROW CAR. 
 
 Otherwise would be able to attend school. The past 
 season will long be remembered as one of unusual 
 suffering, and the society expended a sum amounting 
 to $8,521.29. 
 
 " The money was chiefly spent in purchasing 
 shoes, boys' clothing, and material for girls' dresses, 
 skirts, and aprons. The matter of nationality is a 
 most interesting item in the report. Of those aided, 
 1,115 were Irish, 995 German, 572 Americans, 328 
 Bohemians, 233 English, 184 Jews, 198 Italians, 156 
 Norwegians, 180 Swedes, 68 Scotch, 57 Danish, 48 
 French, 46 negroes, 6 Spanish, 6 Welsh, 5 Swiss. 
 The Swiss, French, and Spanish form a <L;omparatively 
 small per cent, of the population of Chicago, while 
 the thrifty and industrious Scotch and Danes are 
 very numerous. 
 
 " The most striking feature, however," continued 
 the Daily Inter-Ocean, June 26, 1894, "is that but 
 forty-six negroes received assistance, and this in the 
 face of the truth that our colored population numbers 
 many thousands. Of the forty-six, six were dis- 
 covered accidentally and sought out by the secretary, 
 but who themselves ni«»Io no appeal for relief. The 
 mother had come to the rooms of the society for 
 work, and when questioned said that her husband had 
 been a janitor in a building which had been closed, 
 but had hope of getting work in the spring. In the 
 meantime, she said, the children could be kept at 
 home until then, when they could buy shoes for them 
 and send them to school. It is gratifying to know 
 
IMPOSITION. 
 
 83 
 
 that they were not forced to wait, but that their wants 
 were supplied at once. 
 
 " Another virtue credited the negroes by the 
 society is gratitude. Of all who were aided, with but 
 few exceptions, they alone expressed any apprecia- 
 tion of what was done for them. 
 
 " This testimony must be of interest to those 
 who have always insisted that the negro is a chronic 
 beggar atid hopelessly dependent. Out of 4,200 cases 
 assisted by the society during the entire winter, but 
 forty six were negroes." 
 
 Thousands of similar words to the above could 
 be said of the black race. There are no noted thieves 
 in the race, such as bank robbers, train robbers, and 
 Government robbers — not traits of the race. , We 
 thank our God that no Riib Burrows and Jesse James 
 have arose in the race of African descent. We may 
 therefore say with propriety, The black man is 
 worthy of defence. He is worthy of being exoner- 
 ated from his present imposed state. 
 
 Lynching. 
 
 With prefat.>ry statements of our indebtedness 
 to Mrs. Ida E. Wells Barnott for her extensive travels 
 in Great Britain and America, delivering expressive 
 and impressive lectures -igainst this horrible, disgrace- 
 
84 
 
 THE JIM CROW CAR. 
 
 ful, and king of all impositions upon a downtrodden 
 people, we write what we kiiow of the subject, and 
 supplement some cases denounced in " The Reason 
 Why," by Mrs. Barnett.\ Lynching has grown to be 
 an event which elicits n^ultitudes, composed of men, 
 women and children, id cheer the participants as 
 tLough some renowned act of heroism is being per- 
 formed. The newspapers have given space to eulo- 
 gize the lynchers instead of condemning them. The 
 journals of to-day have grWn so high in public favor 
 that seven out of every ter\ readers will firmly believe 
 the current reports. Even some of the Northern 
 black people themselves are to some extent in sym- 
 pathy with the lynchers, believing that their own men 
 are so vile and brutish thatthey deserve such heinous 
 punishment. 
 
 The question is everywhere heard, " Why do 
 they lynch the colored people down South?" The 
 general presumption is that colored men are "struck" 
 after the white women. Why were they not hanker- 
 ing after them during slavery ? Why did the master 
 leave his slave to wait on his family during the war 
 of 1861-5, while he engaged in battle ? Colored men 
 were honest in the dark days of slavery, and they are 
 honest now. The ascension of the colored people of 
 the South to high seats of honor, and the fear that 
 they will ultimately predominate, have some " say 
 so" in these lynches. I have known blood-thirsty 
 mobs to appoint one of their own men to assault 
 some young woman who would not yield to a mem- 
 ber of the mob, to black his face and fix like a 
 
IMPOSITION. 
 
 85 
 
 jwntrodden 
 ubject, and 
 'he Reason 
 rown to be 
 >ed of men, 
 icipants as 
 being per- 
 ace to eulo- 
 them. The 
 Dubh'c favor 
 mly believe 
 e Northern 
 ^nt in sym- 
 ;ir own men 
 luch heinous 
 
 "Why do 
 ith?" The 
 ire "struck" 
 not hanker- 
 the master 
 ng the war 
 Colored men 
 nd they are 
 d people of 
 He lear that 
 some " say 
 lood-thirsty 
 1 to assault 
 to a mem- 
 d fix like a 
 
 " Nigger," and remain in secrecy until a chance pre- 
 sented itself, then suddenly light upon his prey armed 
 with a revolver. After reaching his highest point of 
 ambition — the mob is called to lynch some innocent 
 black -man for the outrageous deed of a man of ancj- 
 ther color. The visit of Madame Barnett to Englafid 
 in behalf of the black people of America, drew more 
 favor for the race than Hon. Fred. Douglass or some 
 other distinguished colored man could have drawn. 
 It was not a man defending his own sex, but a young 
 lady, having been educated at Holly Springs, Miss., 
 and labored with her own people and for her own peo- 
 ple in the South, who went to England in defence of 
 the innocent men falling victims to the mobs, and 
 being deprived of legal hearing or trial. " Rape " is 
 the prevalent charge — the mob is the criterion. This 
 condition of things are grievous — and more so when 
 we see other accusations brought against men, wo- 
 men and children of the black race, and lynchings 
 being the result before proper course has been taken 
 to decide whether they are innocent or guilty, which 
 will be further seen in the following contribution, by 
 Ida B. Wells Barnett : 
 
 Lynch Law. 
 
 by ida b. wells barnett. 
 
 " Lynch Law," says the Virginia Lancet, " as 
 known by that appellation, had its origin in 1780 in 
 a combination of citizens of Pittsylvania County, Vir- 
 ginia, entered into for the purpose of suppressing a 
 
86 
 
 THE JIM CROW CAR. 
 
 trained band of horse-thieves and counterfeiters 
 whose well concocted schemes had bidden defiance to 
 the ordinary laws of the land, and whose success en- 
 couraged and emboldened them in their outrages up- 
 on the community. Col. Wm. Lynch drafted the 
 constitution for this combination of citizens, and 
 hence * Lynch Law ' has ever since been the name 
 given to the summary infliction of punishment by 
 prwate and unauthorized citizens." 
 
 This law continues in force to-day in some of the 
 oldest states of the Union, whose courts of justice 
 have long been established, whose laws are executed 
 by white Americans. It flourishes most largely in 
 the states which foster the convict lease system, and 
 is brought to bear mainly, against the Ncgco. The 
 first fifteen years of his freedom he was murdered by 
 masked mobs for trying to vote. Public opinion hav- 
 ing made lynching for that cause unpopular, a new 
 reason is given to justify the murders of the past 15 
 years. The Negro was first charged with attempting 
 to rule white people, and hundreds were murdered on 
 that pretended supposition. He is now charged with 
 assaulting or attempting to assault white women. 
 This charge, as false as it is foul, robs us of the sym- 
 pathy of the world and is blasting the race's good 
 name. 
 
 The men who make these charges encourage 01 
 lead the mobs which do the lynching. They belong 
 to the race which holds Negro life cheap, which owns 
 the telegraph wires, newspapers, and all other com- 
 
 mm.M 
 
IMPOSITION. 
 
 87 
 
 munication with the outside world. They write the 
 reports which justify lynching by painting the Negro 
 as black as possible, and those reports are accepted 
 by the press associations and the world without ques- 
 tion or investigation. The mob spirit has increased 
 with alarming frequency and violence. Over a thou- 
 sand black men, women and children have been thus 
 sacrificed the past ten years. Masks have long since 
 been thrown aside and the lynchings of the present 
 day take place in broad daylight. The sheriffs, po- 
 lice and state officials stand by and see the work well 
 done. The coroner's jury is often formed among 
 those who took part in the lynching and a verdict , 
 " Death at the hands of parties unknown to the jury'' 
 is rendered. As the number of lynchings have in- 
 creased, so has the cruelty and barbarism of the 
 lynchers. Three human beings was burned alive in 
 civilized America during the first six months of this 
 year (1893). Over one hundred have been lynched 
 in this half year. They were hanged, then cut, shot 
 and burned. 
 
 The following table published by the Chicago 
 Tribune, Janudiry, 1892, is submitted for thoughtful 
 consideration. 
 
 1882, 
 
 52 
 
 Negroes murdered by mobs. 
 
 1883, 
 
 39 
 
 
 1884, 
 
 53 
 
 
 1885, 
 
 77 
 
 
 1886, 
 
 71 
 
 
 1887, 
 
 70 
 
 
"'ur^ 
 
 88 
 
 THE JIM CROW CAR. 
 
 1888, 72 Negroes murdered by mobs. 
 
 1889, 95 " " 
 
 1890, 100 " " " 
 
 1891, 169 " " ** 
 
 Of thic number, 
 
 269 were charged with rape. 
 
 253 ' 
 
 ( (( 
 
 '*- 
 
 murder. 
 
 44 ' 
 
 ( (( 
 
 
 robbery. 
 
 37 ' 
 
 ( CI 
 
 
 incendiarism. 
 
 4 ' 
 
 41 
 
 
 burglary. 
 
 27 ' 
 
 ( l( 
 
 
 race prejudice. 
 
 13 ' 
 
 < <( 
 
 
 quarrelling with white men. 
 
 10 ' 
 
 ( (c 
 
 
 making threats. 
 
 7 ' 
 
 ( (1 
 
 
 rioting. 
 
 5 ' 
 
 ( (( 
 
 
 miscegenation. 
 
 32 ' 
 
 ( U 
 
 
 no reason given. 
 
 This table shows (i) that only one-third of nearly 
 a thousand murdered black persons have been even 
 charged with the crime of outrage. This crime is 
 only so punished when white women accuse black 
 men, which accusation is never proven. The same 
 crime committed by Negroes against Negroes, or by 
 white men against black women is ignored even in 
 the law courts. 
 
 (2) That nearly as many were lynched for mur- 
 der as for the above crime, which the world believes 
 is the cause of all the lynchings. The world affects 
 to believe that white womanhood and childhood, sur- 
 rounded by their lawful protectors, are not safe in the 
 
IMPOSITION. 
 
 89 
 
 neighborhood of the black man. who protected and 
 cared for thenn during the four years of civ-1 war. 
 The husbands, fathers and brothers of those white 
 women were away for lour years, fighting to keep the 
 Negro in slavery, yet not one case of assault has ever 
 been reported ! 
 
 (3) That "robbery, incendiarism, race prejudice, 
 quarrelling with white men, making threats, rioting, 
 miscegenation (marrying a white person), and burg- 
 lary," are capital offences punishable by death when 
 committed by a black against a white person. Nearly 
 as many blacks were lynched for these charges (and 
 unproven) as for the crime of rape. 
 
 (4) That for nearly fifty of these lynchings no 
 reason is given. There is no demand for reasons, or 
 need of concealment for what no one is held responsi- 
 ble. The simple word of any white person against a 
 Negro is sufficient to get a crowd of white men to 
 lynch a negro Investigation as to the guilt or in- 
 nocence of the accused is never made. Under these 
 conditions, white men have only to blacken their 
 faces, commit crimes against the peace of the com- 
 munity, accuse seme Negro, nor rest till he is killed 
 by a mob. Will Lewis, an 18 year old Negro 
 youth was lynched at Tullahoma, Tennessee, August, 
 1891, for being "drunk and saucy to white folks." 
 
 The women of the race have not escaped the 
 fury of the mob. In Jackson, Tennessee, in the 
 summer of 1886, a white woman died of poisoning. 
 
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 THE JIM CROW CAR. 
 
 Her black cook was suspected, and as a box of 
 rat poison was found in her room, she was hurried 
 away to jail. When the mob had worked itself to 
 the lynching pitch, she was dragged out of jail, 
 every stitch of clothing torn from her body, and 
 she was hung in the publ.c court-house square in 
 sight of everybody. Jackson is one of the oldest 
 towns i,i the State, and the State Supreme Court 
 holds i s sittings there ; but no one was arrested for 
 the de .d — not even a protest was uttered. The hus- 
 band >f the poisoned woman has since died a raving 
 mani c, and his ravings showed that he, and not the 
 poor olack cook, was the poisoner of his wife. A 
 fiftcc 1 year old negro girl was hanged in Rayville, 
 Louisiana, in the Spring of 1892, on the same charge 
 of poisoning white persons. There was no more 
 proof or investigation of this case than the one in 
 Jackson. A negro woman, Lou Stevens, was hanged 
 from a railway bridge in Hollendale, Mississippi, in 
 1892. She was charged with being accessory to the 
 murder of her white paramour, who had shamefully 
 abused her. 
 
 In 1892 there were 240 persons lynched. The 
 entire number is divided among the following States : 
 
 Alabama 
 
 Arkansas 
 
 California 
 
 Florida 
 
 Georgia 
 
 Idaho 
 
 22 
 
 25 
 
 3 
 II 
 
 17 
 8 
 
 Montana 4 
 
 New York i 
 
 North Carolina 5 
 
 North Dakota i 
 
 Ohio 3 
 
 South Carolina 5 
 

 IMPC 
 
 >SITION. 
 
 91 
 
 Illinois 
 
 I 
 
 Tennessee 
 
 28 
 
 Kansas 
 
 3 
 
 Texas 
 
 15 
 
 Kentucky 
 
 9 
 
 Virginia 
 
 7 
 
 Louisip/iici 
 
 29 
 
 West Virginia 
 
 5 
 
 Maryland 
 
 I 
 
 Wyoming 
 
 9 
 
 Mississippi 
 
 16 
 
 Arizona Ter. 
 
 3 
 
 Missouri 
 
 6 
 
 Oklahoma 
 
 2 
 
 Of this number 160 were of Negro descent. Four 
 of them were lynched in New York, Ohio and Kan- 
 sas ; the remainde- were murdered in the south. Five 
 of this number were females. The charges for which 
 they were lynched cover a wide range. They are 
 as follows : 
 
 Rape 
 Murder 
 Rioting - 
 Race prejudice 
 
 46 
 
 58 
 
 3 
 6 
 
 Attempted Rape - 
 Suspected Robbery 
 Larceny 
 Self defense 
 
 II 
 
 4 
 I 
 I 
 
 No cause given 4 Insulting women 
 Incendiarism - 6 Desperadoes 
 Robbery - 6 Fraud 
 Assault and Battery i Attempted murder 
 No offense stated, boy and girl 
 
 2 
 6 
 
 I 
 2 
 2 
 
 In the case of the boy and girl above referred 
 to, their father, named Hastings, was accused of the 
 murder of a white man ; his fourteen year old daugh- 
 ter and sixteen year old son were hanged and their 
 bodies filled with bullets, then the father was also 
 lynched. This was in November, 1892, at Jones- 
 ville, Louisiana, 
 
 BBBB 
 
 ■am 
 
fW' 
 
 #■■• 
 
 92 
 
 THE JIM CROW CAR. 
 
 A lynching equally as cold-blooded took place 
 in Memphis, Tennessee, March, 1892. Three young 
 colored men in an altercation at their place of busi- 
 ness, fired on white men in self-defense. They were 
 imprisoned for three days, then taken out by the mob 
 and horribly shot to death. Thomas Moss, Will 
 Stewart and Calvin McDowell, were energetic busi- 
 ness men who had built up a flourishing grocery 
 business. This business had prospered and that of a 
 rival white grocer named Barrett had declined. Bar- 
 rett led the attack on their grocery which resulted in 
 the wounding of three white men. For this cause 
 were three innocent men barbarously lynched, and 
 their families left without protectors. Memphis is one 
 of the leading cities of Tennessee, a town of seventy- 
 five thousand inhabitants ! No effort whatever was 
 made to punish the murderers of these three men. It 
 counted for nothing that the victims of this outrage 
 were three of the best known young men of a popu- 
 lation of thirty thousand colored people of Memphis. 
 They were the officers of the company which con- 
 ducted the grocery. Moss being the President, Ste- 
 wart the Secretary of the Company and McDowell 
 the Manager. Moss was in the Civil Service of the 
 United States as letter carrier, and all three were men 
 of splendid reputation for honesty, integrity and so- 
 briety. But their murderers, though well-known, have 
 never been indicted, were not even troubled with a 
 preliminary examination. 
 
 With law held in such contempt, it is not a mat- 
 ter of surprise that the same city — one of the so-called 
 
IMPOSITION. 
 
 93 
 
 queen cities of the South, should again give itself 
 over to a display of almost indescribable barbarism. 
 This time the mob made no attempt to conceal its 
 identity, but reveled in the contemplation of its feast 
 of crime. Lee Walker, a colored man was the vic- 
 tim. Two white women complained that while driv- 
 ing to town, a colored man jumped from a place of 
 concealment and dragged one of the two women 
 from the wagon, but their screams frightened him 
 away. Alarm was given that a Negro had made an 
 attempted assault upon the women and bands of men 
 set out to run him down. They shot a colored man 
 who refused to stop when called. It was fully ten 
 days before Walker was caught. He admitted that 
 he did attack the women, but that he made no attempt 
 to assault them ; that he offered them no indecency 
 whatever, of which as a matter of fact, they never ac- 
 cused him. He said he was hungry and he was de- 
 termined to have something to eat, but after throwing 
 one of the women out of the wagon, became fright- 
 ened and ran away. He was duly arresced and taken 
 to the Memphis jail. The fact that he was in prison 
 and could be promptly tried and punished did not 
 prevent the good citizens of Memphis from taking the 
 law in their own hands, and Walker was lynched. 
 
 The Memphis Commercial of Saturday, July 23, 
 contains a full account of the tragedy from which the 
 following extracts are made : 
 
 At 12 o'clock last night, Lee Walker, who at- 
 tempted to outrage Miss Mollie McCadden, last Tues- 
 
94 
 
 THE JIM CROW CAk. 
 
 day morning, was taken from the county jail and 
 hanged to a telegraph pole just north of the prison. 
 All day rumors were afloat that with nightfall an at- 
 tack would be made upon the jail, and as everyone 
 anticipated that a vigorous resistance would be made, 
 a conflict between the mob and the authorities was 
 feared. 
 
 At 10 o'clock Capt. O'Haver, Sergt. Horan and 
 several patrol men were on hand, but they could do 
 nothing with the crowd. An attack by the mob was 
 made on the door in the south wall and it yielded. 
 Sheriff McLendon and several of his men threw them- 
 selves into the breach, but two or three of the storm- 
 ing party shoved by. They were seized by the police 
 but were not subdued, the officers refraining from us- 
 ing their clubs. The entire mob might at first have 
 been dispensed by ten policemen who would use 
 their clubs, but the sheriff insisted that no violence 
 be done. 
 
 The mob got an iron rail and used it as a batter- 
 ing ram against the lobby doors. Sheriff McLendon 
 tried to stop them, and some one of the mob knocked | 
 him down with a chair. Still he counseled modera- 
 tion and would not order his deputies and the police 
 to disperse the crowd by force. The pacific policy 
 of the sheriff impressed the mob with the idea that | 
 the officers were afraid, or at least would do them no 
 harm, and they redoubled their efforts, urged on by 
 a big switchman. At 12 o'clock the door of the pri- 
 son was broken in with a rail. 
 
IMPOSITION. 
 
 95 
 
 As soon as the rapist was brought to the door, 
 calls were heard for a rope ; then some one shouted 
 " Burn him!" But there was no time to make a fire. 
 When Walker got into the lobby a dozen of the men 
 began beating and stabbing him. He was half 
 dragged, half carried to the corner of Front street 
 and the alley between Sycamore and Mill, and hung 
 to a telephone pole. 
 
 Walker made a desperate resistance. Two men 
 entered his cell first and ordered him to come forth. 
 He refused and they failing to drag him out others 
 entered. He scratched and bit his assailants, wound- 
 ing several of them severely with his teeth. The mob 
 retaliated by striking and cutting him with fists and 
 knives. When he reached the steps leading down to 
 the door he made another stand and was stabbed a- 
 gain and again. By the time he reached the lobby 
 his power to resist was gone, and he was shoved 
 along through the mob of yelling, cursing men and 
 boys, who beat, spat upon and slashed the wretched- 
 like demon. One of the leaders of the mob fell, and 
 the crowd walked ruthlessly over him. He was bad- 
 ly hurt — a jawbone fractured and internal injuries in- 
 flicted. After the lynching friends took charge of him. 
 
 The mob proceeded north on Front street with 
 the victim, stopping at Sycamore street to get a rope 
 from a grocery. " Take him to the iron bridge on 
 Main street," yelled several men. The men who had 
 hold of the Negro were in a hurry to finish the job, 
 however, and when they reached the telephone pole 
 
 ) 
 
■SM 
 
 96 
 
 THE JIM CROW CAR. 
 
 1 
 
 
 i 
 
 Tt^^^MlW^ 
 
 at the corner of Front street and the first alley north 
 of Sycamore they stopped. A hastily improvised 
 noose was slipped over the Negro's head and several 
 young men mounted a pile of lumber near the pole 
 and threw the rope over one of the if on stepping pins. 
 The Negro was lifted up until his feet were three feet 
 above the ground, the rope was made taut, and a 
 corpse dangled in mid-air. A big fellow who helped 
 lead the mob pulled the Negro's legs until his neck 
 cracked. The wretch's clothes had been torn off, and 
 as he swung, the man who pulled his legs mutilated 
 the corpse. 
 
 One or two knife cuts, more or less, made little 
 difference in the appearance of the dead rapist, how- 
 ever, for before the rope was around his neck his skin 
 was cut almost to ribbons. One pistol shot was fired 
 while the corpse was hanging. A dozen voices pro- 
 tested against the use of firearms, and there was no 
 m*ore shooting. The body was permitted to hang for 
 half an hour, then it was cut down and the rope di- 
 vided among those who lingered around the scene of 
 the tragedy. Then it was suggested that the corpse 
 be burned, and it was done. The entire performance, 
 from the assault on the jail to the burning of the dead 
 Negro was witnessed by a score or so of policemen 
 and as many deputy sheriffs, but not a hand was 
 lifted to stop the proceedings after the jail door 
 yielded. 
 
 As the body hung to the telegraph pole, blood 
 streaming down from the knife wounds in his neck, 
 
IMPOSITION. 
 
 97 
 
 his hips and lower part of his legs also slashed with 
 knives, the crowd hurled expletives at him, swung his 
 body so that it was dashed against the pole, and, so 
 far from the ghastly sight proving trying to the 
 nerves, the crowd looked on with complaisance, if not 
 with real pleasure. The Negro died hard. The neck 
 was not broken, as the body was drawn up without 
 being given a fall, and death came by strangulation. 
 For fully ten minutes after he was strung up the chest 
 heaved occasionally and there were convulsive move- 
 ments of the limbs. Finally he was pronounced dead, 
 and a few minutes later Detective Richardson climbed 
 on a pile of staves and cut the rope. The body fell 
 in a ghastly heap, and the crowd laughed at the 
 sound and crowded around the prostrate body, a few 
 kicking the inanimate carcass. 
 
 Detective Richardson, who is also a deputy coro- 
 ner, then proceeded to impanel the following jury of 
 inquest : J. S. Moody, A. C. Waldran, B. J. Childs, 
 J. N. House, Nelson Bills, T. L. Smith, and A. New- 
 house. After viewing the body the inquest was ad- 
 journed without any testimony being taken until 9 
 o'clock this morning. The jury will meet at the 
 coroner's office, 5 1 Beale street, upstairs, and decide 
 on a verdict. If no witnesses are forthcoming, the 
 jury will be able to arrive at a verdict just the same, 
 as all members of it saw the lynching. Then some 
 one raised the cry of, " Burn him !" It was quickly 
 taken up and soon resounded from a hundred throats. 
 Detective Richardson for a long time, single handed, 
 G 
 
stood the crowd off. He talked and begged the men 
 not to bring disgrace on the city by burning the 
 body, arguing that all the vengeance possible had 
 been wrought. 
 
 While this was going on a small crowd was 
 busy starting a fire in the middle of the street. The 
 material was handy. Some bundles of staves were 
 taken from the adjoining lumber yard for kindling. 
 Heavier wood was obtained from the same source, 
 and coal oil from a neighboring grocery. Then the 
 cries of " Burn him ! Burn him ! " were redoubled. 
 
 I 
 
 Half a dozen men seized the naked body. The 
 crowd cheered. They marched to the fire, and giving 
 the body a swing, it was landed in the middle of the 
 fire. There was a cry for more wood, as the fire had 
 begun to die, owing to the long delay. Willing hands 
 procured the wood, and it was piled up on the Negro, 
 almost, for a time, obscuring him from view. The 
 head was in plain view, as also were the limbs, and 
 one arm which stood out high above the body, the 
 elbow crooked, held in that position by a stick of 
 wood. In a few moments the hands began to swell, 
 then came great blisters over all the exposed parts of 
 the body ; then in places the flesh was burned away 
 and the bones began to show through. It was a 
 horrible sight, one which perhaps none there had ever 
 witnessed before. It proved too much for a large part 
 of the crowd, and the majority of the mob left very 
 shortly after the burning began, 
 
IMPOSITION. 
 
 99 
 
 But a large number stayed, and were not a bit 
 set back by the sight of a human body being burned 
 to ashei:. Two or three white women, accompanied 
 by their escorts, pushed to the front to obtain an un- 
 obstructed view, and looked on with astonishing cool- 
 ness and nonchalance. One man and woman brought 
 a little girl, not over 12 years old, apparently their 
 daughter, to view a scene which was calculated to 
 drive sleep from the child's eyes for many nights, if 
 not to produce a permanent injury to her nervous 
 system. The comments of the crowd were varied. 
 Some remarked on the efficacy of this style of cure 
 for rapists, others rejoiced that men's wives and 
 daughters were now safe from this wretch. Some 
 laughed as the flesh cracked and blistered, and while 
 a large number pronounced the burning of a dead 
 body as a useless episode, not in all that throng was 
 a^word of sympathy heard for the wretch himself. 
 
 The rope that was used to hang the Negro, and 
 also that which was used to lead him from the jail, 
 were eagerly sought by relic hunters. They almost 
 fought for a chance to cut off a piece of rope, and in 
 an incredibly short time both ropes had disappeared 
 and were scattered in the pockets of the crowd in 
 sectinns of from an inch to six inches long. Others 
 of the relic hunters remained until the ashes cooled 
 to obtain such ghastly relics as the teeth, nails and 
 bits of charred skin of the immolated victim of his 
 own lust. After burning the body the mob tied a 
 rope around the charred trunk and dragged it down 
 Main Street to the court house, where it was hanged 
 
100 
 
 THE JIM CROW CAR. 
 
 to a centre pole. The rope broke and the corpse 
 dropped with a thud, but it was again hoisted, the 
 charred legs barely touching the ground. The teeth 
 were knocked out and the finger nails cut off as sou- 
 venirs. The crowd made so much noise that the 
 police interfered. Undertaker Walsh was telephoned 
 for, who took charge of the body and carried it to his 
 establishment, where it will be prepared for burial in 
 the potter's field to-day. 
 
 A prelude to this exhibition of 19th century bar- 
 barism was the following telegram received by the 
 Chicago Inter-Ocean, at 2 o'clock, Saturday afternoon 
 — ten hours before the lynching : 
 
 " Memphis, Tenn., July 22. To Inter-Ocean, Chicago. 
 
 "Lee Walker, colored man, accused of raping 
 white women, in jail here, will be taken out and 
 burned by whites to-night. Can you send Miss Ida 
 Wells to write it up ? Answer. R. M. Martin, with 
 Public Ledger'^ 
 
 The Public Ledger is one of the oldest evening 
 daily papers in Memphis, and this telegram shows 
 that the intentions of the mob were well known long 
 before they were executed. The personnel of the 
 mob is given by the Memphis Appeal- Avalanche. It 
 says, " At first it seemed as if a crowd of roughs were 
 the principals, but as it increased in size, men in all 
 walks of life figured as leaders, although the majority 
 were young men." 
 
 
IMPOSITION. 
 
 101 
 
 the corpse 
 
 hoisted, the 
 
 The teetl\ 
 
 t off as sou- 
 
 ise that the 
 
 s telephoned 
 
 rried it to his 
 
 for burial ir. 
 
 century bar- 
 eived by the 
 lay afternoon 
 
 cean, Chicago. 
 
 ed of raping 
 
 ken out and 
 
 ind Miss Ida 
 
 Martin, with 
 
 dest evening 
 egram shows 
 1 known long 
 sonnel of the 
 valanche. It 
 f roughs were 
 ,e, men in all 
 the majority 
 
 This was the punishment meted out to a Negro, 
 charged, not with rape, but attempted assault, and 
 without any proof as to his guilt, for the women were 
 not given a chance to identify him. It was only a 
 little less horrible than the burning alive of Henry 
 Smith, at Paris, Texas, February ist, 1893, o^ that of 
 Edward Coy, in Texarkana, Texas, February 20, 
 1892. Both were charged with assault on white 
 women, and both were tied to the stake and burned 
 while yet alive, in the presence of ten thousand per- 
 sons. In the case of Coy, the white woman in the 
 case, applied the match, even while the victim pro- 
 tested his innocence. 
 
 In some of these cases the mob affects to believe 
 in the Negro's guilt. The world is told that the white 
 woman in the case identifies him, or the prisoner 
 " confesses." But in the lynching which took place 
 in Barnwell County, South Carolina, April 24, 1893, 
 the mob's victim, John Peterson, escaped and placed 
 himself under Governor Tillman's protection ; not 
 only did he declare his innocence, but offered to prove 
 an alibi with white witnesses. Before his witnesses 
 could be brought, the mob arrived at the Governor's 
 mansion and demanded the prisoner. He was given 
 up, and although the white woman in the case said 
 he was 7iot the man, he was hanged 24 hours after,- 
 and over a thousand bullets fired into his body, on 
 the declaration that "a crime had been committed^ 
 and some one had to hang for it." 
 
 The lynching of C. J. Miller, at Bardwell, Ken- 
 
102 
 
 THE JIM CROW CAR. 
 
 
 inn 
 
 'T 
 
 f 
 
 
 
 
 tucky, July 7, 1893, was on the same principle. Two 
 white girls were found rr.urdered ne^r their home on 
 the morning of July 5th ; their bodies were horribly 
 mutilated. Although their father had been instru- 
 mental in the prosecution and conviction of one of 
 his white neighbors for murder, that was not con- 
 sidered as a motive. A hue and cry was raised that 
 some Negro had committed rape and murder, a .d 
 a search was immediately begu»i for a Negro. A 
 blood hound was put on the trail which he followed 
 to the river and into th*^ boat of a fisherman named 
 Gordon. This fisherman said he had rowed a white 
 man, or a very fair mulatto across the river at six 
 o'clock the evening before. The bloodhound was 
 carried across the river, took up the trail on the Mis- 
 souri side, and ran about two hundred yards to the 
 cottage of a white farmer, and there lay down refus- 
 ing to go further. 
 
 Meanwhile a strange Negro had been arrested in 
 Sikestown, Missouri, and the authorities telegraphed 
 that fact to Bardwell, Kentucky. The sheriff, with- 
 out requisition, escorted the prisoner to the Kentucky 
 side and turned him over to the authorities who ac- 
 companied the mob. The prisoner was a man with 
 dark brown skin ; he said his name was Miller and 
 that he had never been in Kentucky. The fisherman 
 who had sa'd the man he rowed over was white, when 
 told by the sheriff that he would be held responsible 
 as knowing the guilty man, if he failed to identify 
 the prisoner, said Miller was the man. The mob 
 wished to burn him then, about ten o'clock in the 
 
IMPOSITION. 
 
 103 
 
 morning, but Mr. Ray, the father of the girls, with 
 great difficulty urged them to wait till three o'clock 
 that afternoon. Confident of his innocence, Miller 
 remained cool, while hundreds of drunken, heavily 
 armed men raged about him. He said : "My name 
 is C. J. Miller, 1 am from Springfield, 111., my wife 
 lives at 716 North Second Street. I am here among 
 you to-day looked upon as one of the most brutal 
 men before the people. I stand here surrounded by 
 men who are excited ; men who are not willing to 
 let the law take its course, and as far as the law is 
 concerned, I have committed no crime, and certainly 
 no crime gross enough to depriv>" me of my life or 
 liberty to walk upon the green earth. I had some 
 rings which I bought in Bismarck ot a Jew peddler. 
 I paid him $4. 50 for them. I left Springfield on the 
 first day of July and came to Alton. From Alton I 
 went to East St. Louis, from there to Jefferson Bar- 
 racks, thence to Desoto, thence to Bismarck ; and to 
 Piedmont, thence to Poplar Bluff, thence to Hoxie, to 
 Jonesboro, and then on a local freight to Maiden, 
 from there to Sikeston. On the 5th day of July, the 
 day I was supposed to have committed the offense, I 
 was at Bismarck." 
 
 Failing in any way to connect Miller with the 
 crime, the mob decided to give him the benefit of the 
 doubt and hang, instead of burn him^ as was first in- 
 tended. At 3 o'clock, the hour set for the execution, 
 the mob rushed into the jail, tore off Miller's cloth- 
 ing and tied his .shirt around his loins. Some one 
 said the rope was " a white man's death," and a log- 
 
^.v— ,« -- a.* CT ^4 
 
 104 
 
 THE JIM CROW CAR. 
 
 chain nearly a hundred feet in length, weighing near- 
 ly a hundred pounds was placed about his neck. He 
 was led through the street in that condition and 
 hanged to a telegraph pole. After a photograph of 
 him was taken as he hung, his fingers and toes cut 
 off, and his body otherwise horribly mutilated, it was 
 burned to ashes. This was done within twelve hours 
 after Miller was taken prisoner. Since his death, his 
 assertions regarding his movements have been proven 
 true. But the mob refused the necessary time for 
 investigation. 
 
 No more appropriate close for this chapter can 
 be given than an editorial quotation from that most 
 consistent and outspoken journal the Inter-Ocean. 
 Commenting on the many barbarous lynchings of 
 these two months (June and July) in its issue of 
 August 5th, 1893, it says : 
 
 " So long as it is known that there is one charge 
 against a man which calls for no investigation before 
 taking his life there will be mean men seeking re- 
 venge ready to make that charge. Such a condition 
 would soon destroy all law. It would not be tolera- 
 ted for a day by white men. But the Negroes have 
 been so patient under all their trials that men who 
 no longer feel that they can safely shoot a Negro for 
 attempting to exercise his right as a citizen at the 
 polls are ready to trump up any other charge that 
 will give them the excuse for their crime. It is a 
 singular coincidence that as public sentiment has 
 been hurled against political murders there has been 
 
IMPOSITION. 
 
 105 
 
 a corresponding increase in lynchings on the charge 
 of attacking white women. The lynchings are con- 
 ducted in much the same way that they were by the 
 Ku-Kkix Klans when Negroes were mobbed for at- 
 tempting^ to 'vote. The one great difference is in the 
 cause which the mob assigns for its action. 
 
 The real need is for a public sentiment in favor 
 of enforcing the law and giving every man, white and 
 black, a fair hearing before the lawful tribunals. If 
 the plan suggested by the Charleston News mtd 
 Courier will do this let it be done at once. No one 
 wants to shield a fiend guilty of these brutal attacks 
 upon unprotected women. But the Negro has as 
 good a right to a fair trial as the white man, and the 
 South will not be free from these horrible crimes of 
 mob law so long as the better class of citizens try to 
 find excuse for recognizing Judge Lynch." 
 
 The lynching of C. J. Miller at Bardwell, Ky., 
 July 7, 1893, referred to in Madam Barnett's writings, 
 has not only been declared barbarism, outrageous, 
 and outlawry, but a mistake by the lynchers them- 
 selves, as 3tated in Madam Barnett's comment. 
 
 While in Fulton, Ky., a few days after the horri- 
 ble deed of lynching Mr. Miller by the people of 
 Bardwell and volunteers, the writer saw thousands of 
 bills posted, nullifying the action of the mob in the 
 case of Mr. Miller, and urging that some other 
 
io6 
 
 THE JIM CROW CAR. 
 
 " Nigger" be implicated in the crime, and lynched to 
 " make up " for the death of the two Ray sisters. 
 
 Fulton is situated on the Illinois Central R. R, 
 about 28 miles south of Bardwell. Every train from 
 the South bound for the Chicago World's Columbian 
 Exposition, bore a host of interested passengers to 
 see the ashes of the innocent man burned at Bard- 
 well. Applications were made to the conductors to 
 stop long enough at Bardwell to see the " sight." 
 The writer was the only one of his nationality on 
 board the train which stopped at the scene. On the 
 morning of July 28th, 1893, in the business part of 
 the town of Bardwell, about 50 yards from the Ilh'nois 
 Central station, the remains of one of the most un 
 civil deeds perpetrated upon an innocent man in a 
 Christian country and civil government, could be 
 pitifully viewed from the platform or window of the 
 car. 
 
 Coleman at Decatur, III. 
 
 Imposition in Northern "Quarters." 
 
 Decatur has been mentioned elsewhere in this 
 book, it is the third railway centre in the 3rd pro- 
 ductive State in the U. S. Its population u 20,000. 
 It is about 40 miles from Lincoln, where a log cabin, 
 as a relic of the martyred President, Abraham Lincoln, 
 remains. There are three Churches of color represented 
 in Decatur. The first innocent blood was drawn 
 
IMPOSITION. 
 
 107 
 
 from the neck of a colored man in 1893, ^^^ shed 
 upon the city of Decatur by some of its " respect- 
 able " citizens, mtjn and women. My introduction to 
 Decatur was in June, 1894, during my visit to a 
 " colored camp meeting." I heard it noised around 
 that a Mr. Jackson, waiter of St Nickels Hotel, had 
 been arrested and placed in jail on a charge of 
 attempted " rape." The Lynch alarm had been 
 sounded, which aroused the sympathy of the colored 
 population to protect Jackson. Those who showed 
 cowardice were invited to a speech delivered by the 
 writer, urging the colored men to consolidate their 
 forces and preclude the mob from the prisoner. Much 
 enthusiasm was manifested while the speerh was 
 being made, and at the conclusion preparations was 
 immediately begun to resist the murderers. Guns, 
 revolvers, swords, knives and clubs of any dangerous 
 description were collected and laid by for battle. The 
 municipal authority showed no protection, /fro et con^ 
 the movements. By 8 p.m. on the evening appointed 
 by the mob gang, the colored men and boys were 
 arranged in military form, being under command of 
 general and captain, etc. The army received cheers 
 for management, courage and promptness from the 
 better classes of the white population. 
 
 The jail in which this prisoner was, was about four 
 blocks from the main part of the city. The white 
 boys who usually follow shows and excitement, had 
 occupied the nearest seats to the jail at an early hour, 
 anxiously waiting to see the end of Jackson's life. 
 As I advanced accompanied by my guard, one of the 
 

 io8 
 
 THE JIM CROW CAR. 
 
 young spectators asked with a tone of delight, " Are 
 they going to lynch the nigger to-night?" I could 
 but give the answer, *' No." Having instructed all 
 concerned to show no uncivility to any person, but at 
 the rise of war, put forth every exertion to save the 
 life of the prisoner. Orders were given to the band 
 to surround the prison. Just now I began to exper- 
 ience some of the actual " turns " of the battle-field. 
 300 black faces at one signal'dotted in separate groups 
 on all sides of the jail and court-house. At 9 o'clock 
 a man of low stature passed along the main street, 
 smoking sumptuously, with a rope which had been 
 presented specially for the lynching of Jackson The 
 rope-man was so completely absorbed in the occupa- 
 tion, he failed to see those who had come to see jus- 
 tice meted out to the prisoner, who so well deserved 
 it. Some of his constituency within the court-rooms 
 informed him of the danger in store ; he then accep- 
 ted of a hard bed in the building for the night. At 
 this crisis absolute calmness seemed to prevail which 
 continued until between i and 2 a.m., when the watch- 
 men were disturbed by the yells of intoxicated men. 
 Noises of teams, wagons, riders on horse-back, and 
 some " foolers," all winding their way from country 
 villages and bush- towns into the " big town " to kill 
 the old " nigger." The night policemen who finally 
 showed some degree of courtesy to the colored band, 
 conveyed the information to the mob that " 3C0 
 black men lie in wait for you ; if the mob attempts 
 to take Jackson to-night, no small number of lives 
 will be lost " With this intelligence the blood-thirsty 
 gang received orders from their captain on a sub-way^ 
 
IMPOSITION. 
 
 109 
 
 bridge to " retreat until the next night." A reporter 
 from the leading newspaper of the city, who had taken 
 in the general outlook of the affair, asked permission 
 to address the colored " boys." Receiving permis- 
 sion from the proper source, he then rode amid the 
 cool headed body of men. Lighting from his horse 
 said, " Gentlemen, I understand that you have 
 gathered to protect Mr. Jackson, Now I wish to in- 
 form you that you need not fe^ir any thing like a 
 mob from any person in Decatur." " But they are 
 coming from the country," came a voice from some 
 person in the rear of the crowd. " Mr. Jackson is 
 known here as a gentleman,'' continued the speaker. 
 " The circumstances in connection with this case I 
 am fully acquainted with. Mr. Jackson and this 
 woman were intimate, and some business men in 
 town can verify the fact that Mr. Jackson gave her 
 money two days ago. The story that Mr. Jackson 
 was found in her room on her bed with a revolver a 
 few evenings ago, is true. He was not there to 
 force, but because she asked him there, being afraid 
 of a policeman just outside the door. She cried out 
 to secure* herself from the law." These words were 
 received by the company with profound respect. The 
 Decatur papers verified the reporter's statements. 
 
 This is not, however, the end of the struggle for 
 life. The spirit of protection was intense, and grew 
 parallel with the " lynch fever." The following even- 
 ing a greater representation of the colored population 
 appeared on the scene. Those who failed to secure 
 themselves with arms the previous evening, cam§ 
 

 no 
 
 THE JIM CKOW CAR. 
 
 better fortified ; but no further attempt to enter the 
 jail was made by the " outlawers." The third night, 
 the municipal power intervened, and chastised the 
 tumultousness. This was begun by the arrest of 
 one of the colored company, Mr. Artist, who 
 had occupied a seat in the park, which faces the front 
 street, and who had two shot guns, and was repeatedly 
 told to leave. This he refused to do. On this ground 
 he was imprisoned. A committee composed of Mr. 
 J. Artist, Mr. Oliphant, and the writer called on the 
 Mayor. His Honor cordially received the committee, 
 and assured the committee that " nothing to hinder 
 the colored citizens from standing for themselves will 
 be done. Mr. Artist will be released to-morrow 
 morning." 
 
 From these proceedings the reader is not to con- 
 clude that such an act would stop the Southern lynch- 
 ings. In a Northern city of so small a population of 
 colored people as Decatur, it is reasonable to sup- 
 pose that race war would not be tolerated, while such 
 would be the case in the South. That the city officials 
 were friendly to the action of the colored people is 
 seen in the fact that there was no interference with 
 them until the third night of the warfare, and the re- 
 leasement of Mr. Artist. It should be remembered 
 that the colored citizens were in every respect sub- 
 missive to the law, only that the condition of their 
 surroundings had grown to the doctrine, " Eye for 
 eye, and tooth for tooth." 
 
 With an outstretched hand to fallen humanity, 
 
WAGES. 
 
 Ill 
 
 and uplifted voice to God, accompanied by a painful 
 heart, 1 must here appeal to Scripture facts. " All 
 things work together for good to them that love God, 
 to them who are the called according to His purpose." 
 Rev. Mr. Mudd, a distinguished divine, connected 
 himself with the colored citizens of Decatur, striv- 
 ing to uphold the right in the case of Mr. Jackson, 
 who through the instrumentality of his race was 
 given a fair trial. 
 
 CHAPTER IV. 
 
 WAGES. 
 
 Scarcely any of the wealthy people of the North, 
 and thinkers on vital questions of the day in Euro- 
 pean nations, properly consider the salary of colored 
 laborers of the South, as a comparison to that of the 
 white laborer. It is universally admitted that the 
 colored race has made rapid progress — progress wor- 
 thy of praise. But in the face of destitution, educa- 
 tional endeavorment, exertions put forth to erect 
 church edifices, and imposition as described in the 
 preceding chapter, thousands of good people stand 
 and say: " The negroes are allowed to work in nearly 
 all the branches of labor that are in the South, and 
 why should we help them to build their schools and 
 churches, since they have been freed long enough to 
 
112 
 
 THE JIM CROW CAR. 
 
 look after themselves from a financial standpoint ? 
 and why should we try to assist them in getting their 
 rights at law, when they don't try to assist themselves 
 when they are outraged by the lynchers, there being 
 as many or more colored people in some States than 
 white people?" If the negro was allowed the same 
 chance or the same wages as his white brother, then 
 we could to some extent join with the above in 
 asking, why ? But few of the many colleges 
 and churches of the colored people are paid for. 
 Could colored millionaires be expected within 35 
 years of ireedom ? No. There are some pursuing 
 riches. In the State of Mississippi many colored 
 persons owned " plantations." Only owned until 
 some " heir " arise to force them by " law " to dis- 
 own their property. This course of defra Jing the 
 colored people out of their stringent and honest earn- 
 ings has existed many years. In consideration of 
 these things we must conclude that donations amount- 
 ing to enough , to pay off debts of colored institutions, 
 such as that of Payne Theological Seminary should 
 be given by those who have received abundantly from 
 the hands of a Father, who is rich in houses and lands, 
 and holdeth the wealth of the world in His hand. 
 
 In sustenance of what has been said as a proof 
 of the Southern colored labor being discounted, in 
 that a minority of those who are fitted for all depart- 
 ments of work are not employed, we give a clipping 
 from the Detroit Evening News : 
 
 m 
 
WAGES. 
 
 113 
 
 "Wages in the South. 
 
 " The Chattanooga Tradesmen has made a sta- 
 tistical examination of the white and colored labor of 
 the Southern States. From the reports received from 
 employers of nearly 100,000 hands, 58 per cent, of 
 the employees are white and 42 are colored. One- 
 third of the whole number are termed skilled labor- 
 ers, only 10 per cent, of whom are colored. 
 
 " A remarkable fact brought out by this investi- 
 gation is, that over 90 per cent, of these workmen are 
 native born ; 61 per cent of the employers said all 
 their help were natives of the south, and only 19 per 
 cent, reported that they employed as many as half 
 natives and half of northern or foreign birth. 
 
 " The Tradesman says the reports show wages 
 paid to skilled workmen average $2.51 to whites and 
 $1.58 to colored. Unskilled whites average $1.14, 
 and colored $1.02 per day. The highest rate per day 
 reported was $4, paid to expert brickmakers. Foun- 
 drymen average $2.87 to whites and $1.62 to colored 
 skilled workers. Carriage makers average $3.37 ; no 
 skilled colored carriage makers are reported. In 
 lumber making, white men average $2.78, and colored 
 $1.62. Coal miners average $2.33 for whites and 
 $1.62 for colored. Stone workers average $2.87 
 for whites and $1.42 for colored. Returns from a 
 large number of miscellaneous occupations show that 
 
 H 
 
114 
 
 THE JIM CROW CAR. 
 
 skilled white workers average $2.43, and skilled 
 colored men $1.70 per day. 
 
 " As compared with northern or foreign labor, 72 
 per cent, of the employers say their southern labor is 
 as good ; and 5 per cent, are in doubt. 
 
 " As to the comparative value of white and 
 colored skilled labor, 46 per cent, of the employers 
 say that it is about equal, 43 per cent, say that negro 
 labor is inferior, and 1 1 per cent, are in doubt. As 
 to conimon labor, 54 per cent, say the white and 
 black are equal in efficiency, 29 per cent, that the 
 colored labor is the better, and 17 per cent, that the 
 colored men are inferior to whites. 
 
 " As to whether white and colored common labor- 
 ers are improving in skill, 35 per cent, of the em- 
 ployers say that they are, 18 per cent, that they are 
 not, 17 per cent that the whites are improving more 
 than the colored, and 2 per cent, that the colored are 
 improving more than the whites. Twelve per cent, 
 think that colored laborers are improving, 4 per cent, 
 that the whites are retrograding, and 12 per cent, no 
 improvement in the colored laborers. 
 
 ** That the white and colored laborers work to- 
 gether harmoniously is asserted by 58 per cent, of the 
 employers, while 9 per cent declare to the contrary. 
 Twenty- one per cent reply affirmatively, with qualifi- 
 cations, and 1 2 per cent, say that harmony exists be- 
 cause whites overrule the colored workers." 
 
WAGES. 
 
 "5 
 
 Mr. Booker T. Washington advocates the cause 
 of the race from an industrial point of view. His 
 idea is valuable, and a condition to which many must 
 concede, if high attainments in laborious circles are 
 sought for. While Mr. Washington opens this chan- 
 nel, his labors must be preceded by a successful sur- 
 veyor, so that the grounded implements may be put 
 in action. " Why stand ye here all the day idle ?" 
 will not then be asked. Give positions suitable to 
 the accomplishment of the colored men and women, 
 boys and gii Is, and do away with Discrimination and 
 Imposition of Injustice upon them. And then " let 
 them alone." 
 
 Bishop Benjamin F. Lee stands foremost in the 
 educational career, but always connects "work" with 
 his platform. He is not satisfied with having filled 
 the souls of men with the glorious tidings of the truth, 
 but may very appropriately be called the "surveyor" 
 for the physical wants of the people. 
 
 As to colored school teachers, etc., wages have 
 been arranged to a low price. Some second grade 
 teachers receiving from 25 dollars to 30 dollars per 
 month ; while some 3rd grade teachers receive a sti- 
 pulated salary of from 10 to 15 dollars per month. 
 Such a reduction in these cases can only be attribu- 
 ted to the unfair basis upon which the Boards of Edu- 
 cation conduct the matters to favor their people and 
 impede the progress of the colored race. 
 
CHAPTER V. 
 
 "THE JIM CROW CAR." 
 
 The titles — Porters— Baggage-men — Coleman on the 
 "G. P." 1892— Mississippi Delta. 
 
 Thus far we have seen that mal-treatment, de- 
 ception in court, murdering, etc., are associated with 
 the " Jim Crow Car," for the title itself means fraud 
 — and all debauchery and injustice meted out to 
 the colored race are material in the "Jim Crow Car." 
 If we are to see the state of things as they are in 
 various parts of the world, we are generally conveyed 
 by " the train," as a preference when it is serviceable. 
 In countries where there is no R. R. locomotives, the 
 stages of higher civilization have not yet been reached, 
 The first thing therefore, right or wrong, coming un- 
 der our notice by the way, is on the " front." 
 
 The car in which the colored people are forced 
 to lide is not marked "Jim Crow Car." Most every 
 R. R. line has a different mark. As a rule "Colored" 
 just over the entrance is marked on the cars designed 
 for the colored people on the majority of roads. 
 Other marks are : " For Colored People," " For 
 Africans," (L. R. & M. R. R.) " Negroes," etc. Re- 
 gular colored passengers are so well acquainted with 
 the style and inferiority of their car, it is hardly ne- 
 
PORTERS. 
 
 117 
 
 cessary to read the sign. Carthage, Miss., is the 
 country seat of Leake County, and 3 1 miles from the 
 railroad lines. Many of its inhabitants have never 
 seen a train. Nevertheless, most of the colored citi- 
 zens have heard that the train is a pretty thing, but 
 the colored folks must pay as much to ride as white 
 passengers, and yet occupy an awful "Jim Crow Car." 
 
 Two colored men having decided to go off, came 
 to Goodman to '■ take " the train. When the train 
 arrived that they desired, the smoke prevented them 
 from seeing the " colored " car near the engine. The 
 colored passengers stood quite a distance from the 
 site, refusing to board it, from the very reason that 
 they feared the smoke. They admired the cars for 
 white passengers. Although they had purchased 
 their tickets, they decided to wait for the colored car 
 to come along. After th^, train made its departure 
 from the station, the two passengers went in hiding, 
 being afraid that they would be arrested for not going 
 up to the engine to get the car. Shortly a freight 
 run in, and the two passengers fully concluded " that 
 must be that 'Jim Crow Car' for the colored folks 
 that we have heard so much talk about " With this 
 idea they aimed to board it, when they were con- 
 sidered intruders, and were driven back to their 
 homes. 
 
 PORTERS. 
 
 The porters on the passenger trains are chiefly 
 colored men. Their politeness to passengers and 
 distinct voices in calling stations, render their appro- . 
 
Ii8 
 
 THE JIM CROW CAR. 
 
 priateness for the position. They assist in handling 
 baggage, but they are very rarely allowed to assist 
 colored ladies on and off the train. They must get 
 off possibly with babies in their arms and valises 
 The porter is allowed to help white ladies off by 
 taking the packages and vanses to the platform of 
 the depot, the brakeman and conductor being too 
 aristocratic to do such, like most southerners are. 
 
 BAGGAGEMEN. 
 
 There are white and colored employees in large 
 baggage rooms. The bulk of the white baggagemen 
 abhor the idea of carrying a colored ^)erson's baggage 
 to the baggage car, although it is checked. They 
 sometimes order our intelligent colored gentleman to 
 convey his own baggage to the train, especially if he 
 looks like a " drummer " or travelling salesman. 
 
 A young man travelling for a colored Building 
 and Loan firm was shot and killed at a little town 
 south of Jackson, Miss, by a baggageman, who 
 failed to compel him to carry his own baggage. The 
 same style of marking on the door of railway cars for 
 colored people is on the doors of waiting rooms. 
 Colored department porters are employed to see that 
 the black people go to their room, but is not allowed 
 to resist white people putting packages and tying 
 their dogs in the colored room. White convicts are 
 held in the colored waiting rooms. 
 
 
 m ^ 
 
COLEMAN ON THE "G. P. 
 
 119 
 
 Coleman on the " G. P." 
 
 Concluding my Southern tour in 1892, I left 
 Birmingham, Ala., Nov. ist, 1892, bound for Durant, 
 Miss. A large number of passengers were on board 
 when we arrived at Cc alsburg, a little town situated 
 in the coal regions of Alabama, about 15 miles from 
 Birmingham. The depot agent having flagged the 
 train, ran to the conductor exclaiming : 
 
 " You can't go under two hours ! " 
 
 " Why can't I ? " asked the conductor, " Why 
 that east-bound local have jumped the track." 
 
 A vast convict farm is under cultivation by 
 colored convicts at Coalsburg. To see men and wo- 
 men tied together and working under " Bull whips " 
 was a delightful scene to the v hite passengers, both 
 men and women. The farm is about 60 yards from 
 the depot. 
 
 All sorts and conditions of humanity can be 
 seen. Strange it may seem to true man and wo- 
 manhood, the fact remains that the brutalized state 
 of the colored men and women is the pride of the 
 Southern white element. The passengers stand with 
 pleasure viewing the convicts as they are lashed and 
 forced to do excessive work. A man who had been 
 on the farm two years, charged with stealing a pair of 
 boots, attempts to escape, when four white men on 
 mules and a train of hounds pursue him. An old 
 
120 
 
 THE JIM CROW CAR. 
 
 ft! 
 
 ex-slave holder, standing in an attitude to take fine 
 view of the proceedings, smilingly said : " That looks 
 like old times." Convicts are treated more cruel than 
 the slaves were during American slavery. 
 
 In fact the convict lease system is a method of 
 revenge. There are some ex-slave holders who 
 think that the " nigger" should be " paid" for fight- 
 ing against the South for freedom, and now making 
 it felt and known that they are a main factor in the 
 common wealth. The convict farms have grown nu- 
 merous in the Southern States as a means of binding 
 the Negro down to white masters. Ned Richardson 
 may justly bear the blame of causing more immoral- 
 ity and disgrace upon the colored race in his domin- 
 ion than the slave trade in Africa to-day. The con- 
 vict lease system is a satanic giant leading to 
 degradation and ruin thousands of young men and 
 women, whom, if they had privilege of a house of 
 correction, would accomplish many good deeds for 
 their country, and Christ, and the Church. 
 
 When Mr. D. L. Moody preached at Massey 
 Music Hall, Wednesday, Oct. 13th, 1897, at 3 p.m., 
 he elicited about 5,000 people. Before beginning his 
 sermon he made some interesting statements concern- 
 ing the great work which he had done in his efforts 
 rto supply the jails in the United States with reading 
 matter to be put in the hands of the prisoners. Con- 
 cluding, he asked his audience to contribute $500 to 
 the same scheme in Canada. During his fervent and 
 explicit remarks' the lamentable thought of the Con- 
 
COLEMAN ON THE "G P." 
 
 121 
 
 vict Lease system presented itself to me. Though 
 recognizing the work done by the speaker in the 
 United States as a source of spiritual help to the 
 colored prisoners, as well as the white ones, I am con- 
 vinced that such influential ambassadors of God as 
 Mr. Moody and Mr. Jones could abate the intense evil 
 in the promoters of working convicts, in a worse way 
 than any farmer would dare to work his horses in 
 the north and in many parts of the south. 
 
 At the cloj-e of Mr. Moody's service I was pro- 
 foundly touched with the ioea of asking the evan- 
 gelist to protest against southern heathenism. When 
 the rush to shake hands with the speaker had ceased, 
 I could not refrain from simply asking Mr. Moody to 
 preach against the convict lease system when he 
 returned south. 
 
 The Democratic party in the State of Alabama, 
 during the State election in 1892, made the convict 
 lease system a plank in their platform, declaring that 
 the diabolical system would be annihilated if the 
 party gained the election. A political course in the 
 pursuit of destroying such an influence and extensive 
 evil will not do the amount of durable good as will 
 the true Christian principles thoroughly stamped in 
 the hearts of the upholders of such an inhuman sys- 
 tem. One political party may abolish it, and another 
 reinstate it. It is necessary, therefore, that the way 
 of convincing the heathen abroad be given to errone- 
 ous and barbaric tendencies everywhere. About ninc- 
 tenths of the convicts in the United States are colored. 
 
122 
 
 THE JIM CROW CAR. 
 
 When I visited Fletz's farm about 3 miles south of 
 Winona, Miss., in 1891, there were no whites. The 
 convicts are not only leased to work on farms, but to 
 railway contractors and mining companies, etc. The 
 States tolerating the convict lease system receive a 
 revenue. 
 
 " Kidnapped " Rock Diggers. 
 
 Another incident noticeable on my journey to 
 Durant, Nov. ist, '92, is the fact that in the moun- 
 tainous regions lying on both sides of the Georgia 
 Pacific Road, rock suitable for railway bridges, etc. 
 After receiving orders to leave Coalburg, the con- 
 ductor gave the ordinary notice, ** All aboard." I 
 need not mention the various expressions of joy to 
 be leaving a place of sorrow and woe. We had not 
 gone more than 40 miles when a company of colored 
 men, directed by a white man, boarded our train 
 The porter immediately gave the information that 
 trouble was awaiting the colored company, of which 
 they were not aware. Just about 35 miles down the 
 road is a path leading out to a rock den, they will 
 have to go about 18 miles back in the woods to find 
 it, there they will be worked. Some of them will be 
 worked f.o death without a cent of pay, said the por- 
 ter. When they arrived at their destination, the 
 ghostly " thicket " at once attracted my attention. 
 Like dumb driven cattle the men, with unbalanced 
 luggage, over stepped the rugged mountain, some of 
 whom will never return. 
 
MISSISSIPPI "DELTA." 
 
 123 
 
 The Georgia Pacific Railroad is systematized 
 strictly on Southern principles. Having roughly 
 split bottom seats on the " colored car." VVhi'.e at 
 the Union Station in Birmingham, Ala., cnroute for 
 Atlanta, Ga., we beheld such a pitiful condition of 
 three colored ladies. Those who have not in any 
 way come in contact with such a state of human life 
 as seen in this car, can only marvel at our story, and 
 question whether such moral character exists amid 
 such a tremendous flow of offensiveness and pragma- 
 tical elements. 
 
 In the car with the three colored ladies were five 
 convicts chained down to their seats in a most ghast- 
 ly condition, and 15 white men. The ladies were 
 compelled to hoist the windows in hope of shirking 
 the profane language and intense heat and smoke 
 from 15 cigars. The ladies were evidently profes- 
 sional ladies, and of no mean ability and char- 
 acter, but their high attainments were depreciated, 
 being told abruptly, " Go in that car there, that's the 
 nigger car." Many ministers and other representative 
 colored men are smokers per force. They must ride 
 in cars with the lowest smoking classes, but when 
 the smokers are through, retire to the " white car." 
 Many persons who would never smoke, are forced to 
 smoke to protect their system during their ride in a 
 car filled with deathly odor. 
 
 MISSISSIPPI " DELTA." 
 
 The real state of affairs in the Mississippi 
 
124 
 
 THE JIM CROW CAR. 
 
 "Delta" or "Bottoms," are unknown to those who 
 have not travelled the plantations and rivers, viewing 
 the situation of the people as they are. Indeed many 
 parts of that turbid valley are inhabited by a people 
 whose object is to humiliate the farmer as did the 
 slave holder in his time. Newspapers and other 
 mediums of spreading the happenings abroad are not 
 used. This dismal section of country lies about 50 
 miles west of the Illinois Central Railroad, separated 
 from Arkansas by the Mississippi River. There are 
 two other smaller rivers, viz. : Yazoo and Tallahat- 
 chie. On the banks of these rivers are colored immi- 
 grants from many southern States, with the hope of 
 bettering their condition. 
 
 Soon after slavery many men, women and child- 
 ren, exiled to the Mississippi Delta, the employers, to 
 curtail railroad expenses, put the emigrants in freight 
 box cars, after getting them a distance from their 
 homes. Their present condition is grievous and 
 miserable, some plantations having as many as 5C0 
 employees and a white family. The agents are what 
 the overseer has once been. The general environ- 
 ments are such that even 500 persons must stoop to 
 the command of 4 or 5 men. Some laborers have 
 not had a payment for their work. They are fur- 
 nished with pickled pork and corn bread for food, but 
 few of them are allowed to have money. Wooden 
 cheques from five cents and upward are paid to those 
 who pay to the Church. In this case the cheques are 
 only good at the plantation store. That which 25 
 cents could profitably buy in the Dominion of Canada 
 
MISSISSIPPI " DELTA." 
 
 I2S 
 
 or the northern States, costs one dollar at the '• plan- 
 tation store." Cotton is the chief product ; and owing 
 to the unfavorable atmosphere the colored people are 
 told that whiskey must be used to prevent sick- 
 ness. In this way many unfortunate persons are mis- 
 led to the degraded habit of drinking excessively. 
 
 East Mississippi is usually called the " Hills " by 
 the inhabitants ot the swamp. When any one suc- 
 ceeds in making good his or her escape, it is by the 
 " underground railroads," or a similar channel to that 
 of the abolitionist in securing colored men and wo- 
 men into Canada in the days of slavery. Mr. Mark 
 Coleman, brother of the author of these facts, has 
 been and is to this day operating the underground 
 railway line on the Yazoo River. His beginning of 
 this movement was attended with many experiences 
 which attended the rugged way of the beloved white 
 men and women who s mpathized for the black man 
 to the extent of devising a road on which he could 
 reach the safe shores of Canada. 
 
 ' An investigation of the oppressed people in the 
 Mississippi Delta is necessary, and is solicited. The 
 high water of 1897 revealed a part of the destitute 
 cases near the rivers and railroads, but " Wild 
 Woods," and a host of other obscure islands have 
 never been heard from. The ways of right cannot be 
 properly diffused among the people of color in the 
 Mississippi " bottoms." The word of the Lord should 
 have free course. Any instruction leading up to higher 
 morality and Christianity is impeded. The Arkansas 
 
126 
 
 THE JIM CROW CAR. 
 
 side of the valley is chiefly barren ; especially that 
 being parallel with the Little Rock and Memphis 
 railroad. The labor record of the Negro has grown 
 ever since the landing of 20 at Jamestown, Va., in 
 1619. " He has made America what it is," for this 
 reason the colored people of many Southern States 
 have been solicited to settle in this vast watery terri- 
 tory along the L. R, & M. R. R. In view of the 
 hardships which befell those in Mississippi Delta, the 
 Negro refuses the offer. The refusal of the Negro to 
 occupy the Arkansas desert is looked upon by his 
 enemies as being slothful. But this view of the Negro 
 is commonly taken when he is shrewd enough to 
 shirk danger. The Oklahoma movement in 1892 
 was upheld by the colored Southerners with a hope 
 of reaching a home where equal rights would be im- 
 parted to all. Since their settlement in Oklahoma, 
 they have fallen victims to the mob and rope bands 
 of white men, who have made it a famous event to 
 enter the homes of the black men and overpower 
 them with war arms, and commit rape on their wives 
 and daughters. Bishop Turner, in defence of his 
 race, gave advice that they should protect themselves. 
 This advice was given in the Voice of Missions, mis- 
 sionary organ of the A. M. E. Church. Numerous 
 Northern newspapers endeavored to put the entire 
 South against the godly Bishop for attempting to 
 protect the ladies of his race from being destroyed by 
 night mobs. The Bishop's idea of family protection 
 in many unfriendly localities is commendable. The 
 Indians in the Oklahoma regions and elsewhere have 
 always protected their families. 25 white citizens of 
 
IGNORANCE OF DECENCY. 
 
 127 
 
 Oklahoma were killed by Indians in Jan., 1898, by 
 way of race protection. 
 
 CHAPTER VI. 
 
 IGNORANCE OF DECENCY AND LIMITED 
 CHRISTIANITY. 
 
 There can be no better method of emphasizing 
 and clearly establishing the facts which have been 
 stated on the various subjects preceding this^ than to 
 end syllogistically : 
 
 (i) It is obvious that the colored race equals the 
 white race in decency. They could not wash their 
 white sister's clothes without washing for themselves. 
 They could not cook decently for the white families' 
 hotels and other public places, if they were not suit- 
 able for the position. Thousands of young men and 
 women graduating annually, in all the professions and 
 branches of labor, warrant the fact that the colored 
 people cope with the white people in intellectual and 
 industrial progress. 
 
 (2) Although about one-half of the colored popu- 
 lation of the United States are followers to some de- 
 nomination, yet the so-called Christian white people 
 
128 
 
 TuE JIM CROW CAR. 
 
 of the south, both pulpit and pew, limit Christianity 
 to themselves and own house. 
 
 (3) In consideration of these things, we must 
 conclude that eating, riding and social gatherings 
 among the white people is not a desire of the colored | 
 race, and all previous conceptions of such are errone- " 
 ous, and will be rectified when our southern white 
 brethren reach a higher civilization and pure Christ- 
 ianity. 
 
 " For the President, Senate and Congress to stand 
 still and allow any State in the Union to incorporate 
 laws conflicting with the Constitutional rights of any 
 of its citizens, is to me a fact that the national gov- 
 ernment is too weak to last long." — Rev. S. T. Twig- 
 LER, Marion, S. C, Nov. 12, 1897. 
 
 An immense volume would be required to write 
 one-fourth of the lynches in 1892 93 — saying nothing 
 of the other evil. The urgent demand for this book 
 has contracted it. Other volumes on the questions 
 embodied in this book may follow this agent of 
 peace, equal rights, and prosperity.