The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-03-27

custom of the church might be against
selling to enc of either race or color, and
if the bidder should bring an action in
the State court, there is no doubt he
would fail to establish right to the
pew. But here is right withheld on ac'
count of race or color The judge who
heard, the jury who decided, the law
yers who advocated, the church society,
and all who contributed in anything 20
the deprivation of the right, would oe
obnoxious to the penalties prescribed IN
this statute. But the self-same offence
against white bidder, T.. e., wrong de-
cision by the court against him, would
give him no remedy against the court,
much less against anybody else. In an
aristocratic congregation, q poor white
man. however deyout, might find q suit
for damages for having his bid ignored
not worth the trouble and cost--for un-
less he succeeded he could do nothing.
But negro, though an infdel, could en-
force his right as the highest bidder, In
spite of the congregation, the conrts'
the people, and the whole State ITSELF
IF this is so, it is simply abominable
Again: at hotels, what landlord would
venture upon enforcing the customs OF
his hotel against negroes? He may
turn white man, however wrengfully,
from his table, with no other RESPONSE
bility than civil action for damages
But even at that, if the landlord can
shoY that the eiectment was such as
the custom of hotels warrants, he is ex-
onerated. But if the wrong be done
to a negro, however bestial or ignoble'
the excuse that it was done under color
of custom would aggray ate the offence
and the greatest military power on earth
could be invoked for the punishment Of
publican who presumed to offer
negro no more honor than white man
Again, all negroes, Chinese, etc >
native bonneville they would share
equally everything afforded by the con
situations, laws, regulations and even
customs of State, would be practically
exonerated from responsibility to them
Substantially they would be governed
only by the Federal law, while enjoying
both codes White people, on the Other
hand, would enjoy only the State law
but be governed by both. If white
men contended, between them, the one
code of the State would prevail. If a
white and negro, or Monaghan, con-
tract, each party is virtually bargaining
under different code, or, at best, the
agreement is complicated by double
relation to the laws. And the white
man would obviously have the disad'
vantage of a double liability. Such
| would operate as practical hinderance
of trade, which no society ill the world
could endure without rapid deteriora
ton in industry and opulence.
3. The proposed statute, as a whole
is grossly unconstitutional.
By some it is pretended that the pro
vision in the Constitution, Cart. iv, sec
p "the citizens of each State shall b,
entitled to all privileges and immuni
fes of citizens in the several States, i
a sufficient foundation for this statute
Any other clause in the Constitution
could be assigned rs well. The. sense o
this provision has so often and SO con
clusively been settled that u reference tt
authorities would leave no room for ar
gnment When citizen inhabiting on,
State visits another State he is not TO be
Subjected to impOsition3 aud restraints %
person and property that are inyidions
II is simply the natural and reasonable
comfy of States, ordaIued into law BY
ton of State Authority i'll favor of Fed
erai power, Int is only against unlairness
VI o"e '''a'' ~" '''''' '1u"'''''' II 1t ID VI
o4'''" 1T o"0 ','"''' u - 40 " way % III
Jury to other States, but uut the United
9'aleS' ID haS not Tue least VI anything
~ 10 "-'h "o'oIinin'nS' VINO are cltItels
of Ss@tes or the United States. 30 How,
-