The home journal. (Winchester, Tenn.) 1858-188?, 1866-04-07

Constitution of the United States, and
well disposed to the good order and
happiness OF the same. The first sec
ton Of the bill also contains an enume.
ration Of the rights to be enjoyed by
those classes so made citizens in every
State and Territory in the United States.
AS these parties are to give evidence, to
inherit, purchase, lease, sell, hold, and
convey real and personal property, and
to have full and equal benefit of all
laws and proceedings for the security
of persons and property as is enjoyed
by white citizens. SO, too, they are
made subject to the same punishment
pain and penalties common with white
citizens, and to none others. Thus
perfect equality Of the white and col
ored races is attempted to be fixed by
Federal law in every State Of the Union
over the vast field Of State Jurisdiction,
covered by these enumerated rights. In
no one Of them can any State eXerc SC
any power Of discrimination betwetn
the different races, In the exercise OF Il
State policy over matters exclusively
affecting the people Of each State, it
has frequently s been thought eXpedicnt
to discriminate between the two races
by the statutes Of some Of the States
North rs well as South. 1t is enacted,
for instance, that no white person shall
intermarrv with a negro or mulatto.
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 cN-
list, and they are prohibited in all slave
holding States by law, and when not
absolutely contrary to law, they ale
revolving, and regarded rs an ollcnsc
against public dccorlm. do not say
that this bill repcals State laws on the
subject Of marriage between the two
races; for, as the whites are forbidden
to intermarry with the blacks, tie
blacks can only make such contracts
with the whites themselves ~ they are
allowed to make, and therefore they
cannot, under this bill, enter into the
marriage contract with tie whites.
cite this discrimination, however as an
instance of the State policy as to dis
elimination, and to inquire whether il
Congress can ahrogatc all State laws
Of discrimination between the two ru-
ces in the matter Of real estate. Of suits,
and Of contracts generally, Congress
may not also repeal the State laws rs to
the contract OF marriage between the
races. Hitherto every subject en-
brAccd IN the enumeration Otrigh,s CON
tanned in the bill has been considered
rs exclusively belonging to the States.
They all relate to the internal pol
icy and economy of the respective
States, They are matters which in each
State concern the domestic condition
OF its people, varying in each accor-
ding to lis own peculiar circumstances,
: and the safety and well being Of its
OWN citizens, | do not mean to say
; that upon all these subjects there are
not Federal restraints, Us for instance
in the State power Of the Legislature
over contracts. there is Federal lin
itation that no State shall pass law
/ lmpairlng the obligation of contracts:
and rs to crimes, that 40 State shall
pass an rpoSt jacto law: and rs to mon
cy, that no State shall make ANYTHING
but gold and silver q legal tender; but
where can we find Federal prohib-
ton against lhepowcr Of any State to
discriminate, rs do most OF them. he
tween aliens and citizens, between arti-
fetal persons called corporations and
natural persons in the right to hold
real estate:
\ Ifit bc granted that Congress can
repeal all State laws discriminating
between whites and blacks. ON the sub
jects covered hy this bill, why, it may
he asked, may not Congress repeal, in
the same way, all State laws discrilD-
mating between the two races on the
subject oisutIrage and Office: If Con-
grc>s can declare by law who snail
hold lands, who shall testify, and who
shall have capacity to make contracts
in State, then Congress can also by
law declare who, without regard to
: race or color. snail have the right TO
sit rs juror, or rs judge, or 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 Of Congress, for rs
to them the law making power is the
Federal power; but as to the States, no
similar provisions exist vesting in
. Congress the power to make rules and
regulations Tor them.
The object of the second section OF
| the bill is TO afford discrimination and
protection to colored persons in the
| i'ull enjoyment of all the rights secured
to them by the preceding section.-
1t declares that any person who, under
e color OF any law. statute, ordinance
regulation, or custom, shall subject oil
= cause to be subjected any inhabitant O
! any State or territory to the depriva
ton q! any right secured or proiecte,
10y this net, OF to different punishment
:, pains, or penalties, on account of sucl
, person having at any time been held il
h u condition Of slavery OF inyoluntar,
1 scrvitude, except As 4 punishment o
t crime whereof the party shall have beer
t duly convicted, or by reason of coloI
6 or race, than il prescribed for the pun.
e ishment of n white person, shall he
d deemed guilty OF a misdemeanor and
/, OH convection, shall be punished by
+ fine not exceeding one thousand dol
/ lars, or Imprisonment not exceeding
!; one year, or both, in the discretion OF
!. the courts. This section seems to DC
S designed to apply to some existing OF
/, future law oil a State or Territory
which may conflict with the provisions
Of the bill now under consideration
1t provides for counteractiug such for.
bidj.n lpu:clation bv ir,pncinp fin.