The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1866-04-06

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tent, at least, familarized himself with the
principles of a Government towhich he vol
UNFAIRLY entrusts" " life, liberty. aud the pur.
suit Of happiness. Yet, il isnow proposed
by single legislative enactment to confer
the rights Of citizens upouNll 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 undergo y probation Of fi~e
| years, aud can only then become citizens on
proof that they are Of good moral char
acter, attached TO the principles Of the Con.
stitution of the United States, and we'll dis.
posed tc the good order and happiness of
the same"
The first section of she bill, also, con.
tains an enumeration of the rights to he
enjoyed 10y these classes so made citizens in
every State and Territory ia the United
States.' These rights are; To make and eli.
krce contracts, to sue, be parties, and give
evidence, TO inherit, purchase, lease, sell,
hold. and convey real aud personal prop
erty," and to have " full and equal benefit Of
all laws aud proceedings for the security of
persons and property as is enjoyed by
white citizens" So, too. they are made sub.
ject to the rame punishment, ,pains aud pen
aties 10 common with white citizens and
to none othefe. Thus perfect equality of
the white and b'a,k races is attempted 10
be fixed by Federal law in every State Of
the Union over the vast 6cl of State iurs-
diction covered by these enumerated rights.
In no one of these can any Statelover exer-
else any power of discrimination beweenthe
| different races. - E
In the exercise of State policy over
matters exclusively affecting the people Of
each State, it has frequently been thought
| expedient to discriminate between the Two
races. By the statutes of some ofthe States,
Northern MS well as Southern, it is enacted
| for instance, that no White person shalt in
termarry with negro or mulatto. Cnancel-
lor 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 pro-
hibited in all the slaveholding States,
and when not absolutely contrary to law,
| they are revolving aud regarded as an
offense against public decorum." lido not
say 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
cln not, under this bill, enter into the mar
riage contract with the whites. i cite this
discrimination, however, as an instance of
the State policy as to discrimination, aud to
inquire whether, if Congress can abrogate
al State laws of discrimination between
the two races in the matter of real estate
of suits, and of contracts generally, Cou+
gress may not also repeal the State laws as
| to the contract OF marriage between the two
races? Hitherto every subject embracedin
.Nf Il
bill has been considered as exclusively be :
longing to the States. They all relate to.
the internal police aud economyNof the re-.
spectve States; they are matters which, ,.in
each State, concern the domestic condition.
of its people, varying in each according to
its oMn peculiar circumstances, and the
safety and we'll being of its own cit2ens.
| do not mean to say that npon all these
subjects there are not Federal restraints, as
for instance, in the State power of lrgisla.
tion over contracts there is "a Federal
limitation that no State shall 7 ass aslaw-
impairing the obligations OF contracts rand
as to crimes, that no State shall 'rasss an
er posi- fnct0 law; aud as to money that.no
State shall make anything but guld and
silver a legal tender. But where can we
find o 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
to hold real estate /? If it be granted that.
Congress- can repeal all State, laws discrinii-,
Mating between, whites and, blacks, in the
subjects, covered by this biil why. it
may be asked, may not Congress repeal in
the same way all State laws discriminating
between the two races on heo subjeeis of
Yl =
clare by law who shall held lands, swho
shall testify. who shall have capacity to
make a contract in State, then Congress
can by law alsodeclarc who,without regard
to race or color, shall have ethesright to sit
as Juror, or as a Judge, to hold any Office,
and finally 20 vote in every State aud Teri
tory OF the. United States. As respects the
Territories, they come within the power of
Congress, for as to them the lawSmaking
power is the Federal power; but as to The
States no similar provisions eAlst vest
ing ia Congress the epowerNt0 make rules
and regulations for them.
The object Of the second section ofthe
bill is TO afford discriminating protection
to colored persons iik the fan enjoymerlt of
all the rights secured to them by the pre-
ceeding section. ltdeclares "that any Iier-
son who, under color OF any law, statute,
ordisance, regulation or CUSTOM shall sub
,ject or cause be subjected any. inhabi-
tant Of any State or Territory to- the de-
privation of any right secured or protested
by this act, or to- different punishment,
pains, or penalties on account of such per
son having at any time been held in con
dition'of slavery or involuntary servitsde,
except as punishment for crime whereof
the party shalihave been duly convicted,
or by reason ofhis color or race-than ispre:
scribed for the punishment of white per-
sons, shall be deemed guilty of nlisde-
meanor, and onconviction shall be punished
by fue not exceeding one tlionsanddolhE
or Imprisonment not exceedingoue yeaT Or
both in the discretion of the Court" This
section seems to be designed to apply to
some existing or future law Of aeState or
Territory, which may conflict with the prod
visions of the bill NOW under copsideratou,
II provides for rcounteraetug such forbidden
legislation by imposing fine and imprisoue.
ment upon the Legislators WHO may pass
such conflicting laws, or up0n tue officers OF
agents who shall put, -attenptto puGl
them into execution. 1t means an official
offense, not a COMMON crime, committed
against law upon theypersons OF property OF
the black race. Such al net may deprive
the black mano of his property, hnt not Of.
the right 70 hold property 1t means del
privatioh of the right itself, either by the,
State judieiaryor the State Legislature. III
is therefore assumed that under this section