The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1866-04-04

suit Of happiness Yet Il is now oropos
ed, BY single legislative enactment. 10
confer the rights OF citizens upon all per,
sons OF African descent born within III
extended limits Of the United States, Will.
persons OF foreign birth, who make ou
land their home, must undergo 4 probatio.
ol hye years, and can only then becom
citizens upon proof that they are Of goa
moral character, attached to the princlpl
OF the Constitution Of the United State
aud well disposed to the good order an.
happiness Of the same"
The inst section of the bill also contain
an enumeration Of the rights to be enjoy 4
by these classes SO made citizens, /" in
cry State and Territory in the United
States" These rights are: :. To make and
enforce contracts, 10 sue, be parties, anu
give evidence, TO inherit. purchase, leasa
sell, hold, and convey real and persona
properts." and to have "fulI and equa
benefit OF al laws and proceedings for tn !.
security OF person and property as is e.
Joyed by white citizens" So, too, thew
are made subject TO the same punishment.
pains, and penalties in common with white
citizens, and to none others. Thus. per-
tect equality OF the white and black races
IS attempted to be fixed by Federal law, Il
every State of the Union, over the vas
held OF State jurisdiction covered by thess
enumerated rights. In no one Of these eau
any State ever exercise any power Of dis-
crlmnation be.wceR the different races.
In the exercise of State policy over mat
iers exclusively affecting the people of
each State, it has frequently been thouga
expeJient To discriminate between the 4, d
races. BY The statutes of some of tae
States, Northern as well as Souther. il !.
enacted, Tor Instance, that no white per
son shall Iniermarry with a negro or mu-
laito. Chancallor Kent saws, speaking of
me blacks, that marriages between theu
and The whites are forbidden in some OF
the States where slavery does not evist,
aud they are prohibited in all the slavse
holding States, and when not absolute
contrary 10 law, they are revolving and re-
sarded as an offence against public deco.
rum"
L do not say this bill rep ) S a.e law s
on The subject OF marriage between the two
races, Tor as the whites are forbidden 10
lntermarry with the blacks, The blacks can
only make such contracts as the white
themselves are allowed TO make, and there.
iore canGot, under this bill. enter into the
marriage contract with the whites. cite
ms discrimination, however, as an instance
"i State policy as TO discrimination, and Ia
inquire whether, il Congress can abrogate
- State laws OF Discrimination between
the two races, in the matter of cal estate.
u suits, and OF contracts generally, Con-
srcss may not also repeal the State laws
- ~ The cont act oi marriage between the
"" races: !: Hitherto, every subject em.
braeed IN The enumeration Of rights con-
tanned IN this bill has been considered az
exclusively belonging TO the States. They
all relate 70 the internal policy and ecpno-
nv Of the respective States. They are
matters which 10 each State concern the,
condition Of is people, varying 10 each &C :
cording to its own peculiar circumstances.
and the safety and well-being OF IT'S citi-
Lens. do not mean 10 say that upon all
these subjects there are not Federal re-
stralnts, a., for instance, as in the State
power Of legislation over contracts there is
a Federal lim'tat that no State shall pass
law impalring the obligations Of contracts.
and as to crimes, that no State shall pass az
er pest fdcfo law and as to money, that no
State shall make anything but gold and
silver legal tender. But where can we
lind Federal prohibition against the pow
&C OF any State to discriminate, as do most
Of them, between aliens and citizens. be.
tween artificial persons called corpora
tions, aud natural persons, TO the right TO.
hold real estate:
IL il be granted that Congress can repeal
all State laws discriminating between whites
and blacks in the subjects covered by this
bill, why. il NAV be askell. may not Con-
gress repeal 10 the sane way all State laws