The Daily empire. (Dayton, Ohio) 1865-1867, 1866-03-28

II -
Cst!oeen The too races for, as the whites arr
iorUidden to intermarry with the blacks
the blacks can only make such contracts As
| the whites themselves are allowed to make
and therefore canpnot, under this bill enter
INTO the marriage contract with the whites
! cite this discrimination, however. as ar
instance of the State policy, IA TO discrlm-
nation, and TO inquire whether IL Con-
gress can abolish all State laws of discrim-
lnation between the two races. In the mat
ter OF real estate. of suits, and of contracts
generally, Congress may not also repeal the
STATE laws as to the contracts of marriage
between the races. =
Hitherto, every subject embraced in the
enumeration of rights contained in the
bill, has been considered as exclusively. be-
longing to the States. They all relate to
the National policy and economy of the
respective States. They are matters, which
IN each State, concerns the domestic con
dition of its people, varying In each ac-
cOrding to its own peculiar circumstances.
and the safety and well being of its own
cltizens. do not mean to say that upon
all these subjects there are not Federal re
straints. AS, for instance, In the state
power Of legislation over contracts. there
Is Federal limitation that no State shall
pass law impairing the obligations of
contracts and as to crimes, that no State
snail pass an es post Jdcto law; and as TO
money, that no State shall make any thing
but gold and silver legal-tender. But
where can we find q Federal prohibition
against the powers Of any State to dis
criminate. rs do most of them, between
aliens and citizens, between artificial per-
sons called corporations, or naturalized per
sons, in the right TO hold real estate. If it
be granted that Congress can repeal all
state laws discriminating between whites
"a in fba c,tI,;
bill, why, 1t may BE asked, may not Con-
gress repeal in the same way, all State laws
discriminating between the two races on
the subject of suffrage and Officer IL Com
gress can declare by law who shall hold
lands, who shall testify, who shall have
capacity to make contract in State, the
Congress can also, by law, decide who,
without regard to race or color, shall have
the right to sit as q juror or as judge, to
hold any office, and finally to vote in every
State and territory of tie United States.
AS respects voters, they came within the
power of Congress, for, as to them, the
law-making power Is the Federal power.
but as to the States, no similar provision
exists, vesting In Congress the power TO
make rules and regulations for them.
The object of the second section of the
bill is to afford discretion and protection to
eollorcd persons in the full enjoyment of all
ing sections. 1t declares that
Do ANY person who. under color ofany law,
statute, ordinance. regulation. or custom,
shall object, or cause to be objected, any
inhabitant of any State or Territory, the
deprivation of any right secured, or pro-
tected by this act, or 10 different punish
ment pains or penalties, on account ofsuch
person having at any time been held in a
condition of slavery. or involuntary seryi-
tude, except as a punishment Of crime,
whereof the party shall have been duly CON
victed, or by reason of color, or race, than
is prescribed for the punishment of white
persons, shall be deemed guilty Of INSIDE
meanor and on conviction shall be pun
ished by fine, not exceeding one thousand
dollars, or Imprisonment, not exceeding
one year, or both, in the discretion of the
court.' .
This section seems TO be designed to ap-
ply To some existing or future law of
State, or Territory, which may conflict with
the provisions of the bill now under con-
1t provides for connteracting
such forbidden legislation, by imposing fine
and imprisonment upon the legislator who
may pass such conflicting laws, or upon the
officer or agents, who shall put, or attempt
10 put them into execution. It means an
Official ofiense, not common crime com
mitted against law, upon the person or
may deprive the black man ofbis nronertv
but not of his rights to hold property. I'll
means deportation OF the rights ITSELF
either by the State judiciary, or the State
legislature. 1t Is therefore assumed that
under this section, members of "a State leg
islature. who should vote for law conflict |
ing with the provisions of the bill; that
judges of the State Courts who should rem
der Judgments In antagonism with its
terms; and that marshals and sheriffs who
should, as ministerial officers, execute pro-
cesses sanctioned by State laws and issued |
by State Judges, in execution Of their judg-