Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-04-13

enumeration of the rights to be enjoyed by
these classes, SO made citizens, Gin every
Territory in the United States" These rights
are To make and enforce contracts, lease,
sell, hold and convey real and personal prop
erty," and to have fall equal benefit of all
laws and proceedings for the security OF
person and property as is enjoyed by white
citizens" So, too, they are made subject 10
the same punishment, pains and penalties
in common with white citizens, and to none
others. Thus perfect equality of the
white and black races is attempted to be
fixed BY Federal law, in every State of the
Union, over the vast field Of State jurisdic.
tion covered by these enumerated rights
In no one of these can any one State ever
exercise any power of discrimination be-
tween the different races.
In the exercise of State policy over mat
ters exclusively affecting the people of each
State, it has frequently been thought expe-
dient to discriminate between the two races
BY the statues ofsome of the States, North.
ern as well as Southern, it enacted, for in.
stance, that no white person shall inter-
marry with negro or mulatto. Chancellor
Kent says, speaking of the blacks, that
marriages between them and the whites are
forbidden in some of the States where slav
cry dose not exist, and they are prohibited in
all the slaveryholding States, and when not
absolutely contray to law, they are revolt
ing and regarded as an offense against pub.
| lie decorum."
do not say this bill repeals State laws
on the subject of marriage between the
two races, for as the whites arc forbidden
to intermarry with the blacks, the blacks
can only make such contacts as the whites
themselves are allowed 10 make, and there.
fore cannot, under this bill, enter into tue
marriage contract with the whites.
I cite this discrimination, however, as
an instance of the Stale policy as to dis
elimination, and to inquire whether, if
Congress can abrogate all State laws Of
discrimination between tie two races, in
the matter of real estate, of suits, and Of
contracts generally, Congress may not al
so repeal the State laws as to the contract
of marriage between the two racesa Hith,
erto every subject embraced in the emu
meration of rights contained in this bill
has been considered as exclusively belong
ing to the States. They all relate to the
internal policy and economy of the res
pectiye States. They are m alters which in
each State concern the domestic condition
of its people, varying IN each according to
its 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 not Federal restraints ;
as, for Instance, in tho State power of leg.
islation over contracts, there is Federal
Limitation that no State shall pass law
impsiring the obligations of contract; and
as to crimes, that no State shall pass an
ex post facto law; and rs to money, that
no state shall make anything but gold and
silver a legal tender.
But where can we find Federal probibi.
ton against the power Of any State to dis.
criminate, as do most of them, between
aliens and citizens, between artificial per-
sons. called corporations, and natural per-
sons, in the right TO hold real estatea
II it be granted that Congress can repeal
all State laws discriminating between whites
and blacks in 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 subjects of suffrage and ofice9 If
Congress can declare by law who shall
hold lands, who shall testify, who shall
have capacity to make contract in a
State, then Congress can by law also de.
clare who, without regard to color or race,
shall have the right to sit as juror or q
judge, to hold any Office, and, finally, TO
vote "in every State and Territefysof the
United States" As respects the Terri,o-S
riss, they come within the power Of Con.
gress, foras tothem, the Law naking;pover
|'is tbe; Federal power; bns cato the States,
mo similar provision exists vesting in tCon;
gress; the power: make Tnles and regu.
lstionsn y for them. ~. =. =. x "a. =.
Tbsobjecs-ef the aecond section Of the