The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1866-05-05

sively affecting the people of each State,
1t has frequently been thought expedient
to discriminate between the two races.
BY the statutes of some of the States,
Northern as well as Southern, it is enact
ed, for instance, that no white person
shall intermarry with negro or mullat-
to. 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 slavehoding States; and when not
absolutely contrary to law, they are re-
voting, and regarded as an offence
against public decorum." / do not say
that this bill repeals State laws on the
subject of marriage between the two ra-
ces; for as the whites are forbidden to in
termarry 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 discrimination, how
ever, as an instance of the State policy
as to discrimination, and to inquire
whether, if Congress can abrogate all
State laws of discrimination between the
two races in the matter of real estate, of
suits, and of contracts generally, Con-
gress may not also repeal the State laws
as to the contract of marriage between
the two races. Hitherto every subject
embraced in the enumeration Of rights
contained in this bill has been considered
as exclusively belonging to the States
they all relate to the internal policy and
economy of the respective States. They
are matters which, in each State, concern
the domestic condition of its people, va
rying in each'according to its own pecu-
liar circumstances and the safety and
weH-boing of its own citizens.
| 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 q Federal limitation that no State
shall pass Il law impairing the obliga-
t'oIl1 vi NoiititNtS w tiit''
no State shall pass an erpOst fdcto law
to money that no State shall make any
thing but gold and silver legal tender
But where can we find a Federal prohi-
bition against the power of any State tc
discriminate as to most of them, between
aliens and citizens, between artificial per.
sons called corporations, and national
persons, in the right to hold real estate
If it be granted that Congress shall re.
peal all State laws discriminating be-
tween whites and blacks in the subjects
covered by this bill, why, it may be ask
ed, may not Congress repeal, in the
same way, all those laws discriminating
between the two races on the subject ot
suffrage and office? If Congress can de-
clare by law who shall hold lands, who
shall testify, who shall have capacity tC
make contract in State, then Congress,
can by law also declare who, without
regard to race or color, shall have the
right to sit as juror or as Il judge, t.
hold any Office, and finally to vote, il
every State and Territory of the United
States. As respects the Territories, they
come within the power of Congress, fol
as to them the law-making power is the
Federal power; but as to the States, NJ
similar provision exists vesting in Con
gress the power to make rules and regu
lations for them.
The object of the second section of the
bill is to afford discriminative protection
to colored persons in the full enjoyment
of all the rights secured to them. BY the
preceding section it declares that "any
person who, under color of any law, sta
tute, ordinance, regulation, or custom
shall subject any inhabitant of any State
or Territory to the deprivation of any
right secured or protected by this act, ol
to different punishment, pains, or penal
ties, on account of such person having
at any time been held in a condition o
slavery or involuntary servitude, except
us punishment for crimes whereof tho
party shall have been duly convicted, OF
by reason of his color or race, than il
prescribed for the punishment of white
persons, shall be deemed guilty of mis-
dcmeanor, and on conviction shall be
punished by fine not exceeding one thou
sand dollars, or imprisonment not eX-
ceeding one year, or both, in the discre.
tion of the Court.u This section seems
to be designed to apply to some existing
or future law of State or Territory
which may conflict with the provision,
I of the bill now under consideration. L
provides for counteracting such forbid
den legislation by imposing fine ano
imprisonment upon the legislators who
may pass such conflicting laws, or upon
the officers or agents who shall put or at
tempt to put them into execution. II
means an official offence, not a common
crime committed against law upon the
persons or property of the black race
Such an act may deprive the black man
of his property, but not of the right tt
hold property. 1t means deprivation
of this right itself, either by the State
judiciary or the State Legislatures. Il
is, therefore, assumed that, under thissec
ton, members of State Legislatures who
sholld vote for laws conflicting with The
provisions Of this bill; that judges of th'
State Courts who should render judg
ments in antagonism with its terms
and that marshals and sheriffs whC
should, as ministerial officers, execute
the processes sanctioned by State law,
and issued by State judges in execution
o their iud gme lts, could be br, ught