face, which one of the litigants was ashamed or feared to urge in his defence, and which was also perhaps too galling to the sensibilities of the other to reveal; and that possibly the learned courts, not unaware of the embarrassment of both suitors, and of the sensitiveness of public opinion in reference to this concealed factor in the civil-rights cases, with the utmost tact and delicacy, in a kindly spirit of fraternal charity for the plaintiff, the defendant, and the fastidiousness of public opinion, aided by the sublime proficiency of the special pleaders at the bar, had permitted these civil-rights issues to be framed with such dexterity as to enable the question of "civil rights" to be decided, not according to the Fourteenth Constitutional Amendment, but in accordance with the paramount authority over that Constitutional Amendment which those public servants, the common carrier, the inn-keeper, and the proprietor of places of public resort for instruction and amusement, have been pleased to assert for the protection and guidance of their vocation under the authority, which the pleaders set up, of common-law rules applying to these vocations, which, they substantially insist, indirectly repudiate, repeal, and override the Constitution and the declared civil policy of the nation in respect of these civil rights. You will also note that the issues raised by these special pleaders do not involve civil rights so much as the rights of race."
The ambitious student,who had been early introduced into the aristocratic circle of learning, and had mingled freely in its royal entertainments, was greatly impressed with the noble candor, sublime simplicity, and the absence of illusory dignity in the judicial bearing of our representative of American jurisprudence.
With that intellectual conscientiousness and balanced good judgment which befit a jurist and statesman of lofty type, before opening further to the student the stores of his knowledge, the Chief Justice continued,—
"Although, sir, it cannot dim the lustrous reign of those sovereigns in jurisprudence to whose august throne I have succeeded, yet candor obliges me to confess, on behalf of the nation whose judicial crown I wear, that, improbable to you as it may seem, it is nevertheless true that Christian, liberty-worshipping America, offering, as she does, an asylum for the oppressed of all
