The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-03-28

| oet WOOL buo bWO TdceS IOr, as the Wnlt6t
are forbidden to intermarry with blacks
the blacks can only make such contracts
as the whites themselves are allowed tC
make, and, therefore, under this bill, can
not enter into the marriage contract
| with the whites. Icite this discrimina
tion, however, as an instance of the
State policy, as to discrimination and to
enquire whether if Congress can abro
gate all State laws of discrimination be.
tween the two races in the matter Ol
real estate, and Of suits Of contracts gen
orally, Congress may not also repeal the
State laws as to contracts of marriage
between the races.
Every subject embraced in the emu
meration of rights contained in the bill
has been considered as exclusively be
longing to the States. They oil relate
to the internal policy and economy OF
the respective States. They are matters
which in each State concern the condi-
tion of the people, varying in each ac'
cording to its own peculiar circumstan-
ces and the safety and well-being OF its
| own citizens.
| do not mean to say that upon all
these subjects there are not Federal re-
straints, as for instance, in state power
| of legislation over contracts There is
| a Federal limitation that no State shall
pass law relieving the obligations of
contracts and as to terms that no State
shall pass an ex post facto law, and as to
money, that no State shall make any
thing but gold and silver legal tender.
But where can we find Federal prohib-
ition against the power Of any State dis
eliminating, as do most of them, be.
| tween aliens and citizens, between arti-
ticial persons called corporations and
| naturaiized persona in the right to hold
| real estate.
If be granted that Congress can re-
peal all State laws discriminating be-
tween whites and blacks on the subject
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, If Congress can de-
clare 6y law who shall hold lands, who
shall testify, who shall have capacity to
make a contract in State then Con.
eress can also by law declare who, with
out regard to race or color, shall have
the right to sit as juror or as a judge,
and finally to vote in every State and
territory of the United States. As re-
spects the territories, they come within
the power of Congress, for as to them
the law making power is the federal
| power, but no similar provision exists
vesting in Congress the power to make
rules and regulations for this subject
The second section OF the bill OF rights
| is to afford discriminate protection to
| colored persons in the full enjoyment of
all the rights secured to them 10y the
| preceding section. 1t declares that any
| person who, under color of any law,
| Statute. ordinance or custom shall sub
| iect or cause to be subjected any inhab-
liant of any State or Territory to the de-
privation of right, secured, or to pun
shment, pains or penalties, on account
of such person having at any time been
held in a condition of slavery OF invol-
untary servitude excepta as punishment
of crime whereof the party shall have
been duly convicted, or by reason OF
color or race, other than is prescribed for
the punishment OF white persons, shall
he deemed guilty of misdemeanor, and
If convicted shall be punished by fine
not exceeding one thousand dollars or by
Imprisonment not exceeding one year or
botb. in the discretion of the court.
This section seems designed to apply
to some existing or future law of State
or Territory which may conflict with
the provisions of the bill now under con,
sideration. 1t provides for counter ac
ting such forbidden legislation by i'm
| posing fine and Imprisonment upon the
| legislator who may pass such conflicting
laws, or upon the officer or agents who
shall put or attempt to put them into
| execution. 1t means an official ottense,
NOT q common crime committed against
| law upon the person or property OF the
black race. Such an act may deprive
the black man of his property but not
| of his right to hold property. 1t means
a deprivation Of the right itself either
| by State judicial OF by State legislation
| 1T is, therefore, assumed that, under
| this section, members of State Legis-
| iatnre who should vote for laws con
| 6icting with the provisions OF the bill,
thai ;ndres of the State courts, who
| sbonld, under judgments in antagonlsn
It'll is terms, aud that marshals and
| .heriffs who should as ministerial oif'
| GERS execute pIoSooneS oui'S ~ 49,
state and issued by State judges in eA.
scntion of their Judgments. could be
hrought before other tribunals, and there
subjected to fiue and imprisonment. for
The performance OF the duties which
snch State laws may impose.
The legislation thus proposed curtaits
the judicial power of State. 1t says to
sTeSv ava State court OF Judge, if you decide
tbat this aot is unconstitutional, If you
rafnse a under the prohibition of a State
law to allow a negro to testify, il you
hold that ever such subject matter the
said law is paramount, under color OF
| state law. to refuse the exercise OF the
right to the negro, your error OF Judgment
boweyer conscientious shall subject you
to 6ne and Imprisonment.
do not apprehend that conflicting
LEGISLATION which the bill seems to cou'
template is so likely to occur as TO ren'
der t necessary at this time to adopt a
Measure of such doubtful constitution
aiitv In the next place this provision
Of the bill seems not adapted to secure
the desired end without invading the
immnnities of legislation, always im
nortant to be preserved in the Interests
p ppf pnbI;c liberty; without assailing the
o., inaeenendence eue Of the judiciary, Away:
essential to the preservation OF indiyid
nal rights; and without impairing the
efficsc3 of ministerial officers, always
NS-,- for the maintenance OF public