North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1866-04-18

State Jurisdiction covered by these emu.
merated rights. In no ore of these can
any State ever exercise any power of DIS.
elimination between the different races
Inhhe exercise of State policy over mat
tiers exclusively affecting the people OF
each State, it has frequently been thought
expedient to discriminate between the two
races sr
STATE ENACTMENT.
Bv the statutc'of some of the States, North
! ern as well as Southern. it is enacted, for
instance, that no white person shall inter
marry with negro or mulatto. Chancel-
lor Kent says, speaking of the blacks,
"that marriage between them and the
whites are forbidden in some of the STATES
where slavery does not exist, and they are
prohibited in all the save-holding States
and when not absolutely contrary to law.
they are revolving, and regarded as an Of
Tense against public decorum.' / do not
say that this bill repeals State laws on the
subject of marriage between the two races,
for as the whites are forbidden to inter
marry with the blacks, the blacks can only
make such contracts as the whites them
selves are allowed TO make, and therefore
cannot, under this bill, enter into the mar
riage contract with the whites.
cite this discrimination, however, as an
instance of the State policy as to discrimi-
nation. and To inquire whether, if Congress
Can abrogate all State laws of discrimina-
tion between tue two races in the matter of
4
ally, Congress may not also repeal the
State laws as to the contract of marriage
between the races? Hitherto every suo-
,ject embraced in the enumeration of rights
contained in this bill has been considered
AS exclusively belonging 10 the States =
they all relate to the internal policy and
economy of the respective States. They
are matters which, in each State, concern
the domestic condition of its people, vary
ing in each according TO lis own peculiar
circumstances ard the safety and well be-
ING of its own citizens.
FEDERAL RESTRAINTS.
do not mean to say that upon all these
subjects there are not Federal restraints.
AS for instance, in the State power of leg
islation over contracts, there is a Federal
Limitation that no State shall pass law
impairing the obligations of contracts =
and as to crimes that no State shall pass an
er post fact0 law; to money, that no State
snail make ANYTHING but gold and silver a
legal tender But where can we find
Federal prohibition against the power of
any State to oi>crimi ate as to most Of them
between aliens and citizens, between arti-
ficial persons, called corporations, and
natural persons in the right to hold real
estate.
lfit be granted that Congress can re-
peal all State laws discriminating between
whites and blacks in the subjects covered
by this bill, why, it may be asked, may
not Congress repeal, in the same way. all
those laws discriminating between the two
races on the subject of suffrage and office.
If Congress can declare, by law, who shall
hold lands, who shall testify, who shall
have capacity to make a contract in
State, then Con gress can by law also de-
clare who, without regard to race or color
shall have the right to sit as a juror or as
judge, to hold any office, and finally to
vote, in every State and Territory of the
United States. As respects the Terrific
ries. they come within the power of Con-
eress, for as to them the law-making pow
er is the Federal power; but as to the
States, no similar provision exists, vesting
in Congress the power to make rules and
regulations for them ..... .... ...
DIscRIMINATIvE PROTECTION.
The. object of the second section of the