Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1866-03-30


and inteIligenee have Just nov been sud
denly opened He must. Of necessity
from his previous unfortunate condition
Of servitude be less informed as TO the
nature and character of our institutions,
than be who, coming from abroad has. TO
some extent at least, familiarized himself
with the principles of Government to
which voluntarily entrusts life, liberty
and the pursuit of happiness yet II IS
now proposed, by q single legislative en-
aetment. te confer rights of citizens up
on all persons of African descent born
within the extended limits of the United
States. while persons Of foreign birth,
who make our land their home, must un-
dergo a probation Of fve years, and can
only then become citizens upon proof that
they are of good moral character. attached
to the principles of the United States, aud
we'll disposed to the good order and hap
piness Of the same.
The first section of tho bill also con-
tains an enumeration Of the rights 70 be
eBiOved by those classes so made citizens
IN every State and Territory ii the United
States. These rights are to make aud
enforce contracts, to sue the parties, give
evidence. to inherit, purchase, lease, sell,
hold aud convey real and personal prop
erty. and have full and equal benefit of
all laws aud proceedings fer the security
Of persons and property, as Is enjoyed BY
white citizens. So too they are made
subject to the same punishment, pains and
penalties, common with white citizens,
and to none others Thus a perfect
equality Of the white and c0lOred races is
attempted to be fixed By Federal law In
every State of the Union, over the vast
field Of State jurisdiction covered by
these enumerated rights la no one of
them can any State exercise any power Of
discrimination between the different races.
In the exercise ofState policy over mat
tiers. exclusively affecting the people of
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
enacted. for instance, that no white per-
son shall intermarry with a negro QEmul-
alto Chancellor Kent says, speskIng Of
the blacks. that marriages between them
aud the whites are forbidden ia some of
the States where slavery does not exist,
and they are prohibited in all slavehOlding
States by law, and when not absolutely
contrary to law, they are revoitiug aud re-
garded as an offense against public de-
eency.
I do not say that this bill repeals State
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 contractWith
the whites. I cite this discrimination,
however, as an instance of the State
policy as to discrimination, and to
inquire whether, if Congress can alb
rogate all State laws of discrimination
between the two races Ia the matter Of
real estate of suits and of contracts gen
orally, 1t may not also repeal the State
laws as to the contract of marriage be-
tween the two races. Hitherto every sui
ject embraced In the enumeration of
rights contained in the bill, has been con-
sidered as exclusively belonging to 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. varying IN each according to
It's own peculiar circumstances, and the
safety and well being Of its own citizens.
[ do not mean to say that upon all these
subjects there are Federal restraints; as
for instance in the State power of legis-
lation over contracts, there is a Federal
limitation that no State shall pass a law
impairing the obligations of contracts;
and as to crimes, that no State shall pass
an &c post fact0 law; and as to money,
that no State shall make anything but
gold and silver a legal tender. But where
can we find Federal prohibition against
the power of any State to discriminate, as
do most Of them between aliens aud citi-
zens, between artificial persons called
corporations and naturaEzed persons, IN
the right to hold real estate2 If it be
granted that Congress can repeal all State
laws discriminating between whites and
blacks on the subjects 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 ana Office?
IF Congress can declare by law who shall
have capacity to make contracts in
State, then Congress can also, by law, de-
clare who, without regard to race or col
or, shall have the right to sit as a juror,
or as a Judge, to hold any Office, and fin
ally to vote IN every State and Territory
IF the United States. As respects the
Territories, they come within the power
If Congress, for as to them the law max /
ng power is the Federal power; but as to /
he States, no similar provision exists, /
resting in Congress the power to make 4
ules and regulations for them.
The object of the I'd section of the bill .
to afford discrimination and protection .
o cOlored persons in the full enjoyment .
f all rights secured to them BY the pre-
eeding section. It declares that any per
Oh who, under color Of any law, statute,
rdiuance, regulation or custom, shall
1biect or cause to be subjected, any in
abitant of any State or Territory to the
eprivation Of any right secured or pro
.cted by this act. or to different punish
lent, pains or penalties, on account Of
Ich person having at any time been held
a condition of slavery or Involuntary
except as punishment of
'ime, whereof the party shall have been
liy convicted or by reason of color OF
ce than Is prescribed for the punish
eBt Of white persons, shall be deemed
liity of misdemeanor, and on convic-
on, shall be punished by fine not ex-
eding one thousand dollars, or impris- :
lment not exceeding one year, or both, I
the discretion of the Court.
This section seems to be designed to 4
ply to some existing or future law of a :,
ate or Territory which may conflict with :
e provisions of the bill now under con
Ieration 1t provides for counteracting q
ch forbidden legislation by imposing
e and imprisonment upon the legisla u
who may pass such conflicting laws. b
upon the officers or agents who shall I!
or attempt to put them into execution q
means an official Otense, not a com y
N crime com mltted upon the person or e.
lperty of the black race. Such an act =
v deprive the black man Of his prop 4
=, but not of his right to hold property. v
means the deprivation of the right It. "
E. either By the State Judiciary or the al
tie Legislature. It Is, therefore, as
ned that under this section members "a
/ State Legislature, who should vote to
laws conflicting with the provisions OF bl
bill; that Judges of the State Courts WI
D shnnld rander indrments In antap- bY