The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1866-04-05

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any State exercise any power. of dis,
crimination between different races in
the exercise Of State policy over mat.
ters exclusively affecting the people Of
each State. % p 's 1ss
II has frequently been thought AZ.
pedient to discriminate between the
two races by thu statutes Of some of the
States, Moth as well as South. 1t is
enacted for instance, that no white
person shall intermarry with a Negro
or mulatto. Chancellor Kent says,
speaking of the blacks, that mario ges
between them and.the whites are for
bid Zen in some Of the States where
sla ie,y does not exist, and they are
pr5hH tied in all the slave holding
States by law, and when not abso.
lutely contrary TO law they are revolt.
ing a.a regarded as an offense against
p.olic decorum. do. notisay this bill
irepeals State laws on the subject Of
marriage between the two races. AS
the whites are forbidden 70 intermar-
ry with the blacks, the blacks can on.
ly make such contracts as the whites
themselves are allowed TO make, and
thei efore, can not under this bill en-
ter into marriage contracts with the
whites. / cite this discrimination,
however, as an instance Of the State
policy as to discrimination, and to in.
quiro whether if Congress can abrogate
all State laws Of discrimination be.
tween the races, in the matter Of real
estate, of suits, and Of contracts gen.
orally, Congress may not also repeal
the State laws as to the contract Of
marriage between theraces. 81
Hitherto every subject embraced in
the enumeration ofrights contained in
the Bill has been considered as exclu.
sively 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 citi-
Eens. , m
do not moan to say that upon all
these subjects there are not federal
restraints, as for instance in tho State
power Of legislation over contracts,
there is a Federal limitation that no
State shall pass law impairing the
obligations of contracts; and as 10
crimes, that no State shall pass an er
post fdcto law; and as to money, that
no State shall make anything but gold
and silver a legal tender. But where
can wefind federal prohibition against
the powero Of any Stateto discriminate,
as do most of them between aliens and
citizens, between artificial persons
called corporations and naturalzed
persons in the right 10 hold real
estate.
If it be granted that Congress can
repeal all State laws discriminating be-
tween whites and blacks on subjects
covered by this bill, why, it may be
asked, may not Congress repeal, inthe
Same way, all State laws discrimina.
ting between the two races on the
subject ofsuffrage and Office? If Con-
gress can declare by law who shall
hold lands, who shall testify, who
shall have capacity TO make contract
in o State, then Congress can also by
law declare who, without regard to
race or color, shall have the right to
sit as juror or as a judge, to hold
any office, and finally 10 vote in every
State and Territory of the United
States.
AS respects the territories they come
within the power of Congress for in
them the law making poweris the fed
eral power, but as to the States no
similar provision exists vcsting in Con-
gress the power to make rules and reg.
ulations for them.
The object of the second section Of
the bill is 10 afford discriminating pro-
lection to colored persons in full en-
ljoyment of all rights secured to them
by the preceding section. 1t declares
that any person who under color Of
any law, statute, ordinance reputation
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,
or to different punishment, pains or
penalties on account of such person
having at any time been held in con.
dition of slavery or involuntary servi-
tude, except as punishmentfor crime
whereof tho party shall have been du-
ly convicted, or by reason of color or
race, than is prescribed for punishment
Of white persons, shall be deemed
guilty of a misdemeanor, and upon
conviction shall be punished by fine
not exceeding one thousand dollars, or
imprisonment not exceeding one year,
or both, in the discrimination Of the
Court. This section seems to be de-
signed toapply to some existing or fu,
ture law Of State or Territory which
may conflict with the provisions OF the
bill now under consideration.
1t provides for counteracting such
forbidden legislation by imposing fine
and Imprisonment upon the legislator
who may pass such conflicting laws
or upon the officer or agent who shall
put or attempt to put them into exc
cution. 1t means an official offense,
lnot common crime committed against
law, upon the person or property Of
the black race. Such an act may de-