race in the latter State.
Citizenship in this country necessarily imports at least equality of
civil rights among citizens of every race in the same State." In
_United States_ v. _Cruikshank_[25] it was held that rights of life
and personal liberty are natural rights of man, and that "equality of
the rights of citizens is a principle of republicanism."

INCONSISTENCY OF THE COURT

In the case of _Hall_ v. _DeCuir_[26] the court reached an important
decision when an Act of Louisiana passed in 1869 to give passengers
without regard to race or color equality of right in the
accommodations of railroad or street cars, steamboats or other water
crafts, stage coaches, omnibusses or other vehicles, was declared
unconstitutional so far as it related to commerce between States.[27]
Here a person of color had been discriminated against by a Mississippi
River navigation company which was called to answer before a United
States court for violating this act.

Giving the opinion of the court, Chief Justice Waite said: "We think
it may be safely said that State legislation which seeks to impose a
direct burden upon inter-state commerce, or to interfere directly with
its freedom does encroach upon the exclusive power of Congress. The
statute now under consideration in our opinion occupies that
position." "Inaction by Congress," the court held, "is equivalent to a
declaration that interstate commerce shall remain free and
untrammelled." This meant that the carrier was "at liberty to adopt
such reasonable rules and regulations for the disposition of
passengers upon his boat, while pursuing her voyage within Louisiana
or without, as seemed to him best for the interest of all concerned.
The statute under which this suit is brought, as construed by the
State court, seeks to take away from him that power so long as he is
within Louisiana, and while recognizing to the fullest extent the
principle which sustains a statute unless its unconstitutionality is
clearly established, we think this statute to the extent that it
requires those engaged in the transportation of passengers among the
several States to carry colored persons in Louisiana in the same cabin
with whites is unconstitutional and void. If the public good requires
such legislation it must come from Congress and not from the States."

Justice Waite here expressed his fear as to the delicate ground on
which he was treading in saying: "The line which separates the powers
of the