The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1866-03-31

fer the rights Of State eitlKen ship IL Just ne exrius
slyely with the several States as the power 10 con
fet Federal citizenship Ia With the Congress. The
right Of citizenship thus to be conferred un several
excepted races Is now for the FIRST timc proposed to
be given by law. II. MS " claimed by many, all
persons born in tho United States are ALREADY citi.
1ens, the passage Of this bill ennnot be- necessary
to make them such. If on the other hand such
petsnna nre foreigners. as may be assumed from
the proposed legislation to make them such, the
grave question presents Itself Whether, when
eleven Of the tilrty.six Suites are unreprcsentad
In CanEfesa II is sound policy 10 make the entire
e1lnred population and ali other except elasses
mentioned, e%itizrnsf -Four millions Of them have
Just emerged from slavery iutU freedom. Can II
be reasonably supposed they possess the requisite
qualifications to e%iltitle them 70 the privileges aud
inmnnlties of citizenship? Have tho Pc Pile OF
The United Stutes expressed such conrietions9 II
may ulao he naked whether IL II necessary they
should br declared eitizons in order that they may
be secured IN III. enjoyment of the civil rights pro-
peaed 10 be conferred by this bill. These rights
are by Federal aud Etatc laws secured 20 nil dom
leiled aliens and Foreigners, even before naturali.
~1atinnL, AMI II may safriy be assumed TINT the
same attachments are sufficient to give like pr0tee.
tlon 10 tlinse fur whom this bill provides. Besides.
the policy Of tho Government always has been that
persons who nte strangers 10 and unfamiliar with
our institations, should pass through n certain
probation.
This bill. In effect, discrlminales against n large
number of intelligent and worthy foreigners, and
in favor Of negroes. 10 whom alter long years Of
bondage the avenues of light and intelligence
have just been suddenly opened. iy proposing 10
make them citizens nj 0nre. The first section also
contains an enumeration of rights to be enjoyed
to make and enforce contracts, sue and be sued,
give evidence IN coutts, purchase. lease, sell. hold
aud eFnyey real estnte and personal %prupcfty, aud
TO have fnil and equal benefits of all laws The sans
rs white citizens, aud to be subject to the same
panishnlents. pains and penalties In connection
with white citizens md no vetcrs. This perfect
equality uf white and eoleisd races IL attempted TO
be fixed by Federal laws In every State, so thnt
over tie vast field Of State Jurisdiction covered by
these enumerated rights, in nome of them can ans
State exercise any sewer af discrimination be-
tween the different races. Ia she exercise Of gay~
ernnent oyer matters exclusively affecting the
people Of earh State. IL hns frequently BEEN
Thought expedient TO discriminate between the
races. By the statutes Of some States laws have
been enacted, for instance, that no white person
shall marry negro or mniattD. Chancellor Kent,
speaking Of the hlaeks, saysi . Marriages bet seen
blacks and The whites 10 forbidden in some States
where slavery does not exist, aAd prohibited ia all
the slarrholdihs States by law, and vbere not
absolutely contrary to law, they ARE revolving, and
regarded AS oienses against pabiie drceney." |
don't say this bin repeats State laws on This rub
liect. fer rs ths whites afe forbidden TO iutermarry
with the hlncks. the blacks can emily make such
contacts ~ the whites themseiyez are allowed TO
maize therefore they cannot, under this bill. enter
into n marriage contract With whites. ] cite this
discrimination, however. as ap instance of State
policy, and 10 inquire whether, IL Congress can
~ahrogaic ali Stale laws Of discrimination lauehing
eontracts generally. Congress may not repenl State
laws as 10 The marriage contract Eel wren the rares.
Heretofore the subject embraced in the cnnmera-
tioH Of rights conferred by the bill, has been eou-
sidrred as exclusively belonging To the States. and
&c Congress ean repeal state laws discriminating
in these subjects. why may not II repeal sill State
laws discriminating On suffrage?
The object Of the second section Is 10 afford dis
elimination 40 ealorrd persops, By imposing pen
allies upom members Of Legislatures who may
pass such laws. aud upon Judges OF officers who
may attempt Ia execute them, This inrades The
dominion Of the states. for which there is no war.
rant and for which there Is no necessity. ] do not
Hppfehend such Conflicting legislation, as the bill
seems 10 contemplate ns surc 10 occur, as to render
1t necessary to adept a measure of such doubtful
eonstitntionnlits.