The Supreme Court has admitted, in the very case we are now discussing, that:
"Under the 13th Amendment the legislation meaning the legislation of Congress--so far as necessary or proper to eradicate all forms and incidents of slavery and involuntary servitude, may be direct and primary, operating upon the acts of individuals, whether sanctioned by State legislation or not."
Here we have the authority for dealing with individuals.
The only question then remaining is, whether an individual, being the keeper of a public inn, or the agent of a railway corporation, created by a State, can be held responsible in a Federal Court for discriminating against a citizen of the United States on account of race, color, or previous condition of servitude. If such discrimination is a badge of slavery, or places the party discriminated against in a condition of involuntary servitude, then the Civil Rights Act may be upheld by the 13th Amendment.
In The United Slates vs. Harris, 106 U. S., 640, the Supreme Court says:
"It is clear that the 13th Amendment, besides abolishing forever slavery and involuntary servitude within the United States, gives power to Congress to protect all citizens from being in any way subjected to slavery or involuntary servitude, except for the punishment of crime, and in the enjoyment of that freedom which it was the object of the amendment to secure."
"The 13th Amendment is not confined to African slavery. It is general and universal in its application--prohibiting the slavery of white men as well as black men, and not prohibiting mere slavery in the strict sense of the term, but involuntary servitude in every form." 16 Wallace, 90.
The 13th Amendment declares that neither slavery nor involuntary servitude shall exist. Who must see to it that this declaration is carried out? There can be but one answer. It is the duty of Congress.
At last the question narrows itself to this: Is a citizen of the United States, when denied admission to public inns, railway cars and theatres, on account of his race or color, in a condition of involuntary servitude? If he is, then he is under the immediate protection of the General Government, by virtue of the 13th Amendment; and the Civil Rights Act is clearly constitutional.