The Plymouth weekly Democrat. (Plymouth, Ind.) 1860-1869, 1866-04-05

an enumeration of the rights to be enjoyed
by those classes, SO made citizens, in ever,
State and Territory in the United States
These parties are to give evidence. Inherit
purchase, lease, sell, hold and convey
real and personal property, and to have
full and equal benefit of ali laIss and pro,
ceedings for the security of persons and
property as is enjoyed by white citizens.
So, too, they are made subject to the
same punishment, pains, and penalties
common with white citizcns--to none 9th.
fers. Thus perfect equality Of the white
and colored races is attempted to be fixed
by the federal law in every State of the
Union, over the vast field of State juris-
dictith; covered by these enumerated
rights. In no one Of them can any State
exercise any power Of discrimination be-
tween different races, in the exercise of
State policy over matters exclusively af-
fscting the people of each State. 1t has
! frequently been thought cxpcdicnt to dis
cfiminatc between the two races by the
statutes of some of the States, north as
we'll as south It is enacted, for instance.
that no white person shall intermarry with
negro or mulatto. Chancellor Kent
says, speaking of the blacks, that marriage
! between them and the whites are forbid
den in some Of tha States where slavery
does not exist, and they are prohibited in
all the slave holding States by law. and
when not absolutely contrary to law, they
are revolving and regarded As an offense
against public decorun.
| do not say that this bill rcpeals State
laws Oh the ubject Of marriage between
the two races, for as the whites are forbid
den to intermarry with blacks, the blacks
can only make such contracts as the whites
themselves are allowed to make, and there
fore cannot under this bill, enter into the
marriage contract with the whites. | cite
this, however, as IN instance Of the State
policy as to discrimination, to inquire
whether if Congress can abrogate all State
! laws; Of discrimination between the two
races in the matters of real estate. .cf suits.
and OF contracts generally, Congress may
not also repeal the State laws as to the cor>
tract OF marriage between the races
bill has been considered as exclusively be
longing to the States, and, also, that they
all relate 10 the policy and economy Of the
res oective States. They are matters which
in each State concern the domestic condi-
ton of the people. varying in each accor-
ding its own peculiar circumstances and
the safety and we'll being Of its own citi-
zens | do not mean to say that upon all
those subjects there are not federal -
straluts, as for instance in tht State power
pl les'ssasic" w. -e.-tracts; .lio-o i Il fed
eral ii,nitation that no State shall pass a
law ir,poslng the obligations of contracts.
and as 10 crimes that no State shall have
an cr post fo,to law, as 10 money, that no
State shall make anything but gold and
silver legal tender. But where can we
fnd a federal prohibition against the power
of any State to discriminate, as do most Of
them. between aliens and citizens between
artificial persons, called corporations, and
naturalized persons in the right to hold
real estate! If it be granted that Con
can repeal all State laws discriminating
between whites and blacks in the subjects
covered by this bill, why, it may be asked
may not Congress, in the saline way repeal
all State laws discriminating between the
Two races on the subject of suffrage and
office? If Congress can declare by law
who shall hold lands, who shall testify,
who shall have capacity to make contract
In State; then Congress can also, by law,
declare who, without regard to race and
color, shall have the right to sit as juror,
or as Judge, to hold any office, and finally
TO vote in every State and Territory of the
United States. AS respects the Terrific
ries, they come within the power of Con
gress; for as to them the law making pow
er is the federal power; but as to the States,
no similar provision exists, vesting in Con
gress the power to make rules and regula-
tions for them. The object of the second
section of the Lii is to afford discrimination
and protection to colored persons in the full
enjoyment all the rights secured to them
by the preceding section. 1t declares that
any person who, under the color of any
law, statute or ordinance, regulation o:
custom, shall subject or cause to be sub
jected any inhabitant of any State or Ter
ritoy, to tho deprivation of any right
secured or protected by this act, or to
different punishment, pains or penalties
on account of such persons having at any
time been held in a condition Of slavery,
or involuntary servitude, except as a
punishment of crime, whereof he has been
convicted, or by reason of coler or race
that is prescribed for the punishment
Of white persons, shall be deemed guilty of
4 msdcmeanOr, and, on conviction, shall
be punished by fine not exceeding 81 600,
or Imprisonment not exceeding one year,
or both, in the discretion of the court
This section seems to be designed to
apply to the same existing or future law a
State or Territory which may conflict with
the provisions Of the bill now under
consideration 1t provides for counter
feitiny such forbidden legislation by im-
posing fines and Imprisonment upon the
Legislature who may pass such conflicting
laws, or upon the officer or agents who
shall put or attempt to put them into exc~
cution. 1T means an official offence not a
common CRIME committed against law upon
the person or property of the black race.