Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-04-05

intermarry with the blacks, the blacks
can only make such contracts as the
whites themselves are allowed TO make,
aud therefore cannot, under this bill, en-
ter into the marriage contract with the
whites, | cite this dlscTi minatiOn, how
ever, rs an instance ~ the State policy
Is 20 discrimination, and 10 Inquire whe
ther, If Congress can abr0gate all State
laws of discrimination between the two
races In the matter of real estate, and
Of suits and contracts generally, Con-
greSs may not also repeal the State laws
as TO contracts of marriage between the
two races.
Hitherto, every subject embraced in
the enumeration Of the rights contained
in the bill had been exclusively consid-
cred as 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, ur-
gent in each according to its own pecu-
liar circumstances and the safety and
well being of its own citizens. do not
mean TO say that upon all these subjects
there are not Federal restraints as for
instance, in the State power of legisla-
ton over contracts, there is a Federal
limitation that no State shall pass law
impairing the obligations of contracts
aud as to crime that no State shall pass
an eX post facto 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 dis
eliminate, as to most of them, between
aliens and citizens, between artificial
persons called corporations, or natural
lied persons, in the right to hold real es.
tate? If it be granted that Congress
can repeal all State laws discriminating
between whites and blacks in the sub
ieCts covered by this bill, why, it may
be asked may not Congress repeal, in
the same way, all State laws discrimin-
ating between the two races on the sub
ject Of suffrage and Office II Congress
can declare by law who shall hold lands,
who shall testify, who shall have capaC-
ity TO make contract in a State, then
Congress- can declare by law who, with
out regard to race or color, shall have
the right to sit as Juror, or as a Judge,
to hold any Office and finally to vote in
any 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 10 the States, no
similar provision exists. vesting in Con-
gress the power to make rules and regu-
lations for them.
The object of the second section Of
the bill is to afford discriminating pro-
lection to COlOred persons in the full en-
ioyment Of all the rights secured to them
in the preceding 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 inhabitant OF any State
or Territory to the deprivation of any
right, secured or protected by this act,
to different punishment, pains or penal
ties on account of such person having
at any time been held in a condition Of
slavery or involuntary serVitude, except
as q punishment of crime. whereof the
party shall have been duly convicted, or
by reason of his color or race, than is
prescribed for the punishment Of white
persons shall be deemed guilty of d
misdemeanor, and, on conviction, shall
be punished by fine not exceeding $1,000,
or imprisonment not exceeding one year,
or both at the discretion o. the court
This section seems to be designed to APP
ply to some existing or future law OF u
State or Territory, which may conflict
with the provisions of the bill now I'M
der consideration. 1t provides for coun-
teracting such forbidden legislation by
imposing fine and Imprisonment upon
the legislators who may pass such con-
tiiCting laws, Or upon the officers or
agents who shall put or attempt to put
them into execution. 1t means an Off
cial offense, not common crime, com
mitted against law upon the person or
property ofany of the black race. Such
an act NAV deprive the black man of his
property, but no of his right to hold
property. II means 9 deprivation OF the
right itself either by State Judiciary or
STATE legislation.
1t is therefore assumed, under this
section, that members OF State legisla-
lures who should vote for laws conflict
my Win Inc PROVISIONS VI wv AAAAt 'H~'
judges of State courts who should rem
der judgments in antagonism with its
terms, and that marshals aud sherlftS
who should, as ministerial officers exc
cute processes sanctioned by State laws
and issued by State judges in the eXecu-
| ton of their judgments, could be brought
before other tribunals, and there sub
iected to fine aud Imprisonment for the
! performance OF duties which such State
! laws might impose. The legislation
thus proposed invades the judicial pow
er of the State. 1t says to every State
court, or judge, "If you decide that this
act is unconstitutional if you refuse
under the prohibition Of State law tc
allow a negro to testify if you hold
that over such 3 subject matter the sale
law is paramount, and under color of
State law refuse the exercise of the RICH
to the negro, your error of Judgment
however conscientious, shall subject you
TO fine and Imprisonment" do no
apprehend that the conflicting legisla
ton which the bill seems to contemplate
is so likely to occur as to render 1t nee
esssry at this time to adopt measur