The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1866-04-10

matters exclusively aHectlnS Tue people o1
each State, it has frequently been thought
expedient to discriminate between the two
races by the statutes Of some of the
States North as well as South. It is en-,
acted, for Instance, that no white person
shall intermarry with a negro or mulatto
Chancellor Kent says, speaking Of the
blacks, that marriage between them ant
the whites are forbidden. in some of tht
States where slavery does not exist, and
they are prohibited in all slaveholdins
States by law, aud when not absolutely
contrary to law they are revolving and re
garded as an ofense against the public
deeorum. ..
| do not say that this bill rcpeals STATE
laws on the subject of integmarriage be-
tween the two races, for, as the whites
are forbidden to intermarry with blacks
the blacks can only makeSuch contracts
as the whites themselves are allowed tt
make, and, therefore, can not under this
bill enter into marriage contracts with the
whites
I cite this discrimination, however, al
an instance of the State policy as to dis
elimination, and 70 inquire whether, i
Congress can abrogate all State laws oI
discrimination between the two races ir
the matter of real estate, of suits and Of
contracts generally, Congress may not also
repeal the State laws as to the contracts Of
marriage between the races. Hitherto
every subject embraced in the enumera.
tion of rights contained in the bill has
been considered as exclusively belonging
to the States; they all relate to the inter.
nal policy and economy of the respective
States. .
They are matters which, in each State
concern the domestic condition of its
people, varying in each according to its
own peculiar circumstances and the safety
and we'll being of its own citizens. I dc
not mean TO say that upon all these sub.
jects there are not Federal restraints, as
for instance, in the State power of legis,
lation over contractors. There is a Fed
eral limitation that no State shall pass a
law impairing the heobligationso of contracts
and as to crimes, that no State shall pass
an er post facto law; and as to money, tina
no State shall make anything but golC
and silver a legal tender. &
But where can we find a Federal pro
hibition against the power of any State tt
discriminate, as do most of them, between
aliens and citizens, between artificial per.
sons called corporations, naturalized per.
sons in the right to hold real estate. Il
it be granted that Congress can repeal al
State laws discriminating between white.
and blacks in the subjects covered by
this bill, why, it may be asked, may no
Congress repeal all State laws discrimina
ting between the two races on the subjec
of suffrage and Office? If Congress car
declare by law who shall hold lands, wht
shall testify, who shall have capacity tc
make contracts in State, then Congress
can also by law declare who, without re
gard to race or color, shall have the righl
to, sit as juror or as judge,to hold an,
office, and finally to vote in every Statt
and territory Of the United States.
AS. respects the Territories they come
within the power Of Congress; for, as t.
them, the law making power is the Fede,
raj power. But, as te the States, no sim
liar provision exists vesting in Congress
the power to make rules and regulation
for them. The object of the second sec
ton Of the bill is to afford Discrimination
and protection to colored persons in tht
full enjoyment Of, all rights secured t
them by the preceding section. 3 ss1
1t declares that any person, who, under
color of any law, statute, ordinance, reg.
ulation or custom, shall subject or cause
to be subjected any inhabitant of any
State or territory to the deprivation o.
any right secured or protected by thi;
act, or to different punishments. pains Of
penalties, on account of such person hav.
ing at any time been held in condition
of slavery or Involuntary servitude except
as punishment Of crime, whereof The
party shall have been duly convicted, Of
by reason of color or race, than is pre-
scribed for the punishment of white pei
sons, shah be deemed guilty of misde
meanor, and, on conviction, shall be pun
ished by fine not exceeding one thousanc
dollars, or Imprisonment not exceeding
one year, or both, in the discretion of tn,
court. $50
This section seems to be designed tt
apply to some existing and future law O.
"a State or Territory which may confic
with the provisions of the bill now unde
consideration. 1t provides for counter
acting such forbidden legislation, by i'm
posing fine and Imprisonment upon tn,
legislator who may pass such conh;ctin,
laws, or. upon the officer or agents VIII
shall put, oral Or -iadttsmppt,t0 put, them into ex
ecution. -. - e9tt
Itmeans an Official ofense, not a com
mon crime, committed against law upol
the person or property Of the black race
Such an act may deprive the black mai
Of his property, but not Of his right t,
hold property. 1t means a deprivation
of the right itself, either by the State Ju
dietary or the State Legislature. s'
| 1t is, therefore, assumed that unde
this section members Of a State Legisla
Iture, who should vote for laws confictin;
with the provisions Of the bill; that til
Judges Of the State Courts who shoul,
render judgments in antagonism with it
terms. and Marshals and Sheriffs VIII
should, as ministerial officers, execute pro
cesses sanctioned BY State laws, issued b
State Judges, in execution of their judg
ments, could be brought before other tri
bunals, and, there subjected to fine AM
I'M ;;mnrr;;se re oon,nant For the nerfoymance of N