The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1866-04-04

ted States. Fhtsb rights, are to max
and enforce: con tracts, 10 sue, be par.ie
and give evidence 't0 inherit, purchase
lease, sell, hold and convey real and pei
sonar properly, . aadnt6i have lulli an,
equal beneftdbf.hli laws and proceeding
ferthe security Of persons and propert.
as enjoyed iby white citizens So orto
they are MADE subject to the asamel pun
|ishmsnes IGips and penalties commpl
! Will, whj issps, and ia an6ne others
Thus perfect equality Of white and col
,oredI racesis attempted, to be fixed b
Federal law in every State of the Union
Over q vast field of State jurisdiction
covered by these enumerated rights, il
no one Of them can any State exercis
any power Of discrimination between tn
races. In the exercise of State polic,
over matters exclusively affecting the peo
pie Of each State, it has frequently Beer
thought expedient TO discriminate be
tween the two races by the statutes o
some Of the States, North as well q
South. It is enacted, for instance tina
no white person shall intermarry with {
negro or mulatto. Chancellor Kent says
speaking of the blacks, that marriages be
tween them and the whites are forbidden
in some of the States where slavery doel
cot exist, and they are prohibited in al
the slaveholding States by law, anG
where not absolutely contrary to the law
they are revolving and regarded as an Of
tense against the public demeanor. Idc
not say that this bill repeals the State
laws on the subject of marriage between
the two races for as the whites are for
bidden to intermarry with 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. I cite this discrimination, how
ever, as an instance of State policy as to
determination, andto inquire whether,
if Congress can abrogate all State laws Of
discrimination between the two races in
the matter of real estate, of suits, and Of
contracts generally, Congress may not al.
SO repeal the State laws as to the con-
tract Of marriage between the races. Ev.
cry subject embraced in the enumeration
of rights contained in this 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 in which each
State concern the domestic condition Of
its people, varying in each according to
its own peculiar circumstances and the
safety and well being of its own citizens.
| do not mean to say that upon all these
subjects dhere are not federal restraints /;
as, for instance, on the State power Of
legislation over contracts there is a feder.
al limitation that no State shall pass o
law imppiriug the obligations ofcontracts,
and as to crimes, that no State shall
pass an sx post facto law and as to mon,
ey, no State shall make anything but gold
and silver legal tender But where can
we find a Federal prohibition against the
power Of any State to discriminate, as do
most oftheni, between aliens aud citizens,
between artificial persons called corpora:
tiOns, and naturalized persons, in the
right to hold real estate. Ii it be grant.
ed that Congress can repeal all State
laws discriminating between white and
blacks on the subjects covered by this
bill, why, il may be asked, may not Con.
gress repeal, in the same way, all State
laws discriminating between the races on
the subject Of Suffrage and Office. 2 If
Congress can declare by law who shall
hold lands, who shall testify, who shall
have capacity to make contracts in a
State, then Congress can also by law de.
clare who, without regard to race or col.
or, shall have the right to sit as juror
or as judge, to hold any Office, and f..
nally to vote in every State or Territory
Of the United States. As respects the
they come within the power
Of Congress, for as 70 them the law ma
king power is the Federal power /; but as
to the States 20, similar provision exists,
vesting in Congress power tolnako rules
and regulations for them. .ca.l ,.Iay
The object Of the second section Of. the
bill is to afford discriminating protection
to colored persons in the full enjoyment Of
allthetrights secured to them by the pre-
ceding section. 1t declares that any per.
son who under cover Of any law, Statute,
ordinance, or custom shall subject OF
cause to'be subjected, any inhabitant Of
any State or Territory to the deprivation
Of any right secured and protected by
this act, or to different, punishmehts,
pains or penalties, on account of such
person having at any time been held in
! condition Of slavery or involuntary ser.
vitudo except az q punishment Of crime,
the party shall have been duly
or by reason Of Color or race,
than 'are prescribed for The punishment
Of white persons, he shall pc deemed
guilty Of q misdemeanor, ,.and on ,copvic,
lion Shall be punished BY d finS noe ox-
seeding one thousand dollars, or impris.
,ument NOT exceeding seventeen years,
both in discretion OF the court This
section seems 10 be designed 20 apply to