Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-04-05

from abroad, has to some extent at least "a
miliarized himself with the principles of
Government to which he voluntarily en-
trusts "ite, liberty, and the pursuit of hap.
piness." Yet it is now proposed, by
single legislative enactment, to confer the
rights of citizens upon all persons of Afri.
can descent born within the extcuded limits
of the United States, while persons of for.
eign birth, who make our land their home,
must undergo probation of FIVE years, and
can only then become citizens upon proof
that they are of egood moral character, at.
tached to the principles Of the Constitution
of the United States, and well disposed to
the good order and happiness of the same"
The first section of the bill also contains
an enumeration of the rights to be enjoyed
by these classes, so made citizens, ''in eve.
ry State and Territory in the United States"
These rights are "Fo make and enforce
contracts, to sue, be parties, and give eVi.
dence, to inherit, purchase, lease, sell, hold,
and convey real and personal property" and
to have "full and equal benefits of all laws
and proceedings for the security of person
and property as is enjoyed BY white citi-
zens." So, too, they are made subject to
the same punishment, pains, and penalties
in common with white citizens, and to none
others. Thus, perfect equality of the
white and black races is attempted to be fixed
by Federal law, in every State Of the Union,
over the vast field of State jurisdiction GOV.
cred by these enumerated rights. In no
one of these can any State ever exercise any
power of discrimination between the diff.
: ferent races.
In the exercise of State policy over mat
ters exclusively affecting the people of each
State, it has frequently been thought expe.
dient to discriminate between the two races,
By the statutes of some of the States,
Northern as we'll as Southern, it is enacted,
for instance, that no white person shall in
termarry with negro or mulatto. Chan.
celor 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 slaveholdiug States,
and when not absolutely contrary to law,
they are revolving and regarded as an Of
fence against public decorum." ....-.
L do not say this bill repeals State laws
on the subject of marriage between the two
races, for as the whites are forbidden TO
intermarry with the blacks, the blacks can
only make such contracts as the whites
themselves are allowed to make, and there
fore cannot under the bill, enter into mar
riage contracts with the whites. cite this
discrimination, however, as an instance Of
the State policy as to discrimination, and
to inquire whether, if Congress can abro-
gate all State laws of discrimination between
the two races, in the matter Of real estate,
of suits, and of contracts generally, Con-
gress may not also repeal the State laws as
to the contracts of marriage between the
two races? Hitherto, every subject en-
braced in the enumeration of rights con-
tanned in the bill has been considered as
exclusively belonging to the States They
all relate to the internal policy and econo-
my of the respective States. They are
matters which in each State concern the
domestic condition Of its people, varying
in each according to its peculiar ciroum-
stances, and the safety and well-being of
its own citizens. L do not mean to say that
upon all these subjects there are not FEEDER
al restraints, as, for instance in the State
power of Legislation over contracts, there is
Federal Limitation that no State shall
pass alaw impairipg the obligations of con.
tracts and as to crimes, that-ne State shall
pass an er post tacto law. and as to money,
that no State shall make, anything but gold
and silver legal tender. But where 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 corpora
tions, and natural persons, in the right to
hold real estate? ....... .-.....- IL.
If it be granted that Congress can repeal
all State laws discriminating between whites
and blacks in the subject covered by this
bill, why, it may be asked, may, not Con:
gress repeal in the same way, all State laws
discriminating between the two. races on the
subject of suffrage and ofGce.2.. IfCongress
can declare by law who shall hold land, who
shall testify, who shall have capacity to
make contract in State, then Congress
can by law also declare who, without re.
gard 10 color or race, shall have the right to
sit as juror or as judge, to hold any Of
fee, 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 as to them the
.law-making power is the Federal power;
but as to the States no similar provision
exists, vesting in Congress the power ato
make rules and regulations" for then. .zg,,
The object of the second section of the
bill is to afford discriminating protection to
colored persons in the full enjoyment of all
the rights secured to them by the proceeding
section. 1t declares "that any person who,
under color of any law, statute, ordinance
regulation, or custom, shall subject, or
cause to be subjected, any inhabitaut of any
State or Territory to the deprivation of any
right secured or protected by this act, or to