The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-04-04

InlllarlZeu nlmSolI WlCn Tie principles
of Government to which he volunta-
rily entrusts g life, liberty, and the pur-
suit of happiness Yet it is now pro-
posed, by single Legislative enactment,
to confer the rights of citizens upon all
persons of African descent born within
the extended limits of the United States,
while persons of foreign birth, who
make our land their home, must under
go probation of five years, and can
only then become citizens upon proof
that they are of "good moral charac-
ter, attached to the principles of the
Constitution of the United States, and
well disposed to the good order and
happiness of the same"
The first section of the bill also con-
tains an enumeration of the rights to
be enjoyed by these classes, so made.
citizens, !" in every State and Territory
in the United States" These rights
are: "To make and enforce contracts, to
sue, be parties, and give evidence, to
inherit, purchase, lease, sell, hold, and
convey real and personal property" and
to have full and equal benefit of all
laws and proceedings for the security
of person and property as is enjoyed by
white citizens" So, too, they are made
subject to the same punishment, pains,
and penalties in common with white
citizens, and to none others. Thus,
perfect equality of the white and black
races is attempted to be fixed by Fed
eral law, in every State of the Union,
over the vast field of State jurisdiction
covered by these enumerated rights
In no one of these can any State ever
exercise any power of discrimination
between the different races.
In the exercise of State policy over
matters exclusively affecting the people
of each State, it has frequently been
thought expedient to discriminate be-
tween the two races. By the statutes
of some of the States, Northern as well
as Southern, it is enacted, for instance,
that no white person shall intermarry
with negro or mulatto. Chancellor
Kent says, speaking of the blacks, that
marriages between them and the
whites are forbidden in some of the
States where slavery does not exist, and
they are prohibited in all the slavehold-
ing States, and when not absolutely
contrary to law, they are revolving and
regarded as an offence against public
decorum."
do not say this bill repeals State
laws on the subject of marriage between
the two races, for as the whites are for
hidden to intermarry with the blacks,
the blacks can only make such contracts
as the whites themselves are allowed to
make, and therefore cannot, under this
bill, enter into the marriage contract
with the whites. / cite this discrimi-
nation, however, as an instance Of the
State policy as to discrimination, and
to inquire whether, if Congress can
abrogate all State laws of discrimina-
tion between the two races, iii the mat
ter of real estate, of suits, and of con-
traits generally, Congress may not also
repeal the State laws as to the contract
of marriage between the two races p
Hitherto, every subject embraced in the
enumeration of rights contained in this
bill has been considered as exclusively
belonging to the States. They all re-
late to the internal policy and economy
of the respective States They are mat
ters which in each State concern the
domestic condition of its people, vary
ing in each according to its own pecu-
liar circumstances, and the safety and
well-being of It's own citizens. | do
not mean to say that upon all these
subjects there are not Federal restraints,
as, for instance in the State power OF
legislation over contracts, there is a
Federal limitation that no State shall
pass a law impairing the obligations of
contracts; and as to crimes, that no
State shall pass an ec post .tacto law;
and as to money, that no State shall
make anything but gold and silver a
legal tender. But where can we find a
Federal prohibition against the power
of any State to discriminate, as do most
of them, between aliens and citizens,
between artificial persons called corpo-
rations, and natural persons, in the
right to hold real estate?
fit be granted that Congress can re-
peal all State laws discriminating be-
tween whites and blacks in the subjects
covered by this bill, why, it may be
asked, may not Congress repeal in the
same way all State laws discriminating
betweenA Ahe two races on the subjects
of suffrage and office? IF Congress can
declare by law who shall hold lands.
who shall testify, who shall have ca
pacity to make contract in State,
then Congress can by law also declare
who, without regard to color or race,
shall have the right to sit as juror or
as a Judge, to hold any office, and,
finally, to vote Gin every State and
Territory Of the United States, As
respects the Territories, they come with
in the power of Congress, for as to them
the law-lnaking power is the Federal
power; but as to the States no similar
provision exists, yesting in Congress
the power to make rules and regula-
tions'' for them.
The object of. the second section of
the bill is to afford discriminating pro-
lection to colored persons in the full
enjoyment of all the rights secured to
them by the preceding section. 1t de-
clares 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 depriva-
ton OF any right secured or protected
by this act, or to different punishment,
| pains, or penalties on account of such