The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1866-04-05

That no white person shall intermarry
with 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 exist, and they
are prohibited in all the slaveholding
States, and, when not absolutely con-
trary to law, they are revolving and re-
garded as an offence against public
4 decorum"
do not say this bill repeals the State
laws on the subject Of marriage between
the two races, for as the whites are for
hidden TO intermarry with the blacks,
the blacks can only make such contracts
as the whites themselves are allowed TO
make, and therefore, cannot, under this
/ bill, enter into the marriage contract
with the whites. cite this discrip,i'
nation, however, as 40 instance Of the
State policy as 10 discrimination, aud to
inquire whether ii Congress can abro-
gate all State laws Of discrimination
between the two races, in the matter ol
real estate, Of suits aud Of contracts
generally, Congress may not also repeal
the State laws as to the contract Of mar
riage between the two races Hitherto
every subject embraced in the enumera-
tion Of rights contained in this bill has
been considered as exclusively belong
ing to the statcs. They all relate to
the internal police and economy Of ,he
respective States, They are matters
which In each State concern the domcs-
tic condition Of its people, varying III
each according TO its own peculiar cir
cumstances aud the safety and well
being Of it's own citizens. | do not mean
to say that upon all these subjects there
arcnot Federal restraints; as for instance,
IN the State power of legislation over
contracts, there is a Federal limitation
that no State shall pass law impairing
the obligations Of contracts, aud as to
crimes, that no State shall pass an CO
past tIctg law, aud as to money that no
State shall make anything but gold and
silver a legal tender. But whore can we
find 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 natural persons, In the
right to hold real estate,
III be granted that Congress can re.
pealall State law discriminating between
whites aud blacks in the subjects Gov
cred By this bill, Why il may be asked,
may not Congress repeal 10 the same
way al State laws discriminating be
tween the two races on tho subjects Of
suffrage end oihee' II Congress can
declare bg law Who shall hold bands
whO shall testify, who ahal! have elPaei.
IS to make a contract ia a state, then
Congress can By Hw also declare who
without regard to color or race. shall
have the right 70 sit as Juror o. as o.
judge, Co hold any uih2er and hna.'y- t.
vote .in every state mi Territory ol
the United States A. raspceta the
Icultgu"sr they come "itI''n the power
Of Congress, Tor a. to them the law
making power IL The federal power, but
as 10 the states no similar provisions
exist ycsting N Congress the power ~
make rules and regulations iof them.
Tho object of thr second section Of
the bill h 90 afford discriminating rr0-
tsgtigu To- cYlorcd persons In the full en-.
i1ymcnt Of al lhcfisht secured 20 them
is The preceding section. II declares
-,b.t ,ny p,rson who. under color of
any law. stature. ordinance, regulation,
or custom. shall subject. or rause 10 be
.yb,octod ans iuhabitaut Of any State
or Territery 10 the deprivation of gay
RIGHT occurred or protected Ly tAi8 act
or 10 different punishment. pains. or
,..a.ll,s. an accom-, gg such persons
b,yipg NJ apv ,iua been held ia a CON
J.,ton - sl,rs,y nr involuntary seryi.
al. ,yc.n, n. ,uni.hmcgt nj crime
,,bcr.,r ~. r,,,y 'b,u t,yr beap duly
,aa,.i,,.1 49, 10 r.,sn, orbi. eolor ar
-. ,L.n 1. ,rcsor,hc1 f,, tho p,,ni.b.
-, 49, - .L,ll Lo doomed
MI - w. ', ,,;.lon,s~nor anJ q, convio.
- 1"'y All H. H. ..nn5sh"d La 6rn mo-, ex.
-, ''''' ,.''''' So, ,h",s,,I 55nars or i'm.
.'...@,''0,,.,, aa, .v.o.l;n,, on. ,a,r
= = IN H. ,la Alteration 9fthc cnurt D
,Trts s.,,,aa - 49,, soo,,. ~ he J.sionod TO an.
IA, - '.a,no ov;st;,g mr. fn,nr, law of a
r. 49, " 90 Territnry wbicb mav conflict
Iii a., nro,;s;o,s Of tbe Nm now nm.
IT, ~ 80 ~, lar,,;as I, nroy;dss f,r con.
,aroc,,n 49, .,rb sorh;djrn laojslation by
;,nnos,r., Gnr and imrriso,mept upon
tba Ig"iSI,,ors Who NAV pass such con.
d.cting law. or apoa the officers or
.....t .t,.II mi or ,,ttaptpt 10 nut