The Vinton record. [volume] (M'arthur, Vinton County, Ohio) 1866-1891, 1866-03-29

as an instance Of the State policy
as to discrimination, and to inquire
whether, if Congress can abrogatC
all State laws of discrimination be-
tween the two races in the matter
of real estate, of suits and of con
tracts generally, Congress may not
also repeal the State laws as to the
contracts Ofmarriages between the
racesl Hitherto every subject
braced in the enumeration of rights
contained in the bill has been con.
sidered as exclusively belonging to
the States. They all relate to in,
ternational policy and economy Of
the respective States. They are
matters which in each State con-
Germ the domestic condition Of its
people, varying in each according
to its own peculiar circumstances
and the safety and well-being Of
its citizens.
l do not mean to say that upon
all these subjects there are no Fed
Eral restraints, as, for instance, in
the State power oflegislation over
contracts, there is a Federal limita-
ton that no State shall pass a law
impairing the obligations Of con-
tracts and as to crimes, that no
State shall pass an CO post tacto
law; and as to money, that no State
shall make anything but gold and
silver legal tender. But where
can we find Federal prohibition
against the power of any State dis
eliminating, as do most Of them,
between aliens and citizens, be-
tween artificial persons, called cor
porations, and natural persons in
the right to hold real estate.
If it be granted that Congress can
repeal all State laws discriminating
between whites and blacks on sub
jects covered by this bill, why, it
may be asked, may not Congress
repeal, in the same way, all State
laws discriminating between the
two races on the subject OF suffrage
and office! IfCOngres3 can declare
by law who shall hold lands, who
shall testify, who shall have capa-
city to make contract in State,
then Congress can also, by Law, de-
clare who, without regard to race
or color, shall have the right TO sit
as a juror or as judge, TO hold any
office, and finally to vote, in every
State and Territory of the United
States. AS respects the Territories
they come within the power olCong-
ress, for as to them the law-making
power is the Federal power, but
as to the States, no similar provi-
sion exists vesting in Congress the
power to make rules and regula-
ions for them.
The object of the second section
IF the bill is to afford disc9imina-
ing protection to colored persons
n full enjoyment of all tho rights
to them by the preceding
section. 1t declares tnat any per-
on who, under color of any law,
tatute, ordinance, regulation or
ustom, shall subject, or cause to
'e subjected, any inbabitant of any
state or Territory, TO the depriva-
ion Of any right secured or pro.
ected by this act, or to different
punishment, pains or penalties, on
ccount Of such persons having at
ny time been held in a condition
i slavery or involuntary scrvitude,
xcept as a punishment of crime
thereof the party shall have been
uly convicted, or by reason of
olor or race, than is prescribed for
of white persons, shall
e deemed guilty of a misdemean-
+, and on conviction shall be pun
she'd by fine not exceeding one
thousand dollars, or Imprisonment
Iot exceeding one year, or both, in
he discretion Of the Court.
This section seems to be design
d to apply to some existing or
nture law of a State or Territory
'hich may conflict with the pro-
isions Of the bill now under con
Iteration. 1t provides for punish
ng such forbidden legislation, by
fine and imprisonment
pom the Legislator who may pass
uch conflicting laws, or upon the
flicer or agent who shall put, or
tempt to put, them into execu-
ion. 1t means an official offense,
ot a common crime, committed
gainst law upon the person or
of the black race. Such
n act may deprive the black man
f his property, but not of his
ight to hold property. 1t means a
eprivation of right itself, either
" The State Judiciary or the State
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