Urbana union. [volume] (Urbana, Ohio) 1862-1872, 1866-04-11

The first section Of the bill also contains an
enumeration Of the rights to be enjoyed BY
those classes so made citizens In every
Slate and Territory in the United States these
rights are, to make and enforce contracts, to
SHE, to he -ratties and give evidence, to inner
it, purchase, lease, sell, hold and convey real
and personal property and 10 have iull and
eqnsl benefit to all proceedings for the securi-
ty of persons and property as IS enjoyed BY
white citizens. II, too, they are made sub
ient to the same punishment, pains and pen
alties common with white citizens; and to
uore others. Tins perfect equality Of the
white and colored races Is attempted 10 BE-
fixed by Federal law in every State Of the
over the vast field Of States Jurisdiction COW
cred by these enumerated rights. 10 no one
Of them can any State exercise any power Of
discrimination between different races. In
the exercise Of State policy over matters ex-
cnsively affecting the people Of each State,
it has frequently been thought expedient to
discrimate between the two races. BY
the statutes of some OF the States North AZ
well as South, il is enacted, for instance, that
no white person shall -interparry with ne
gro or mulatto. Chancellor Kent says, speak
ing of the blacks that marriages between
them and the whites are forbidden in some
of the States where slavery does not exist,
and they are prohibited in all the sla7ehold-
ing States by law. and when not absolutely
contrary to law, they are revolving and re-
gsrded as an offense against public decorum."
I do not say this bill repeals State laws on
the subject Of marriage between the two rae
es, for as the whites are forbidden to inter
marry with the blacks, the blacks can only
make snch contracts as the whites themselves
are allowed to make, and therefore caEnot,
under this bill, enter into the marriage con-
tract with the whites I cite this discrimin-
alton. however, as an instance Of the State
policy as to discrimination, and to inquire
whether. if Congress can Rbrogate all State
laws Of discrimination between two races in
the matter of real estate, Of suits and Of con-
tracts generally, Congress may not also re-
pesl the State laws as to the eoutruet Of mar
rage between the races Hitherto every
subject embraced in the enumeration OF rights
contained in the bill has been considered a.
exclusively belonging to the States, They
all relate to 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 ae-
cording 20 its own peculiar circumstances
and the safety and well being Of its own cit
izens
I do not mean to say that upon sll these
subjects there are not Federal restraints. az
for instance, in the S'ate mower oflegislatfon
over Contracts, there isa Federal limitation
that no State shall pass law impairing the
obligations Of contracts; and as TO the crimes.
that no State shall pass an expost iactO law !;
and a. to money, that no Slate shall make
anything but gold and silver legal tender
But where can we find Faderal prohibition
against the power Of any State discriminat.
ing, az do most of them, between aliens, ar
tifcial persons, called corporationS and sat
uralized persons in the right to hold real es-
tate?
II it be granted that Congress can repeal
al State laws discriminating between white.
and blacks on subjects covered by this b'll
why, it may he asked may not Congress re-
peal, in the same way, all State laws discrim-
mating between the two races on the subject
Of suffrage and Office IF Congress can de-
clare by law who shall hold lands, who shall
have capacity to make a contract in . State.
then Congress can also, by law: declare who,
without regard to race or color, shall have
the right to sit as a juror or as 3 Judge. 10
hold any Office, and finally to vote. in every
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 to the States, no similar provision exists
vesling in Congress the power to make rules
and regulations for them.
Tl,o Ob;aot of the encond anc4ion NJ The Hill
is 10 afford discriminating protection to color
ed persons in full enjoyment Of all the rights
secured to them by the preceding section
It declares that any person who under color
of any law, staiute, ordinance, regulation or
custom, shall subject, or cause 10 be subjects
ed. any inhHbitant of any State or Territory.
TO the depriva;i n Of any right secured 0
protected by this act, or to different punish
ment. pains or penalties, on account Of such
persons having at any time been held in a
condition of slavery or involuntory serviiude.
except as punishment Of crime whereof
the party shall have been duly convicted. or
by reason Of color or race, than iS prescribed
for punishment Of white persons. shall be
deemed guilty of a miSderneanor. and on con
vciion shall be punished by fine not exceed
ing one thousand dollars, or imprisonment
not exceeding one year, or both, in the dis
creation Of the Court.
This section seems to be designed 70 apply
to some existing or luture law Of State or
Territory which may conflict with the proviH-
ions of the bill now under consideration. It
provides for counteracting such forbidden
legislation, by imposing fine and imprison-
ment unon the Legislator who may pass such
conflicting laws. or upon the officer or agent
who shall put, or attempt TO put them into
execution. It means an official Offense, not
a common crime, committed against law mp
on the person or property Of the black race.
Such an act may deprive the black man Of his
property, but not Of his right to hold proper
tv. Il means deprivation Of right itself,
either by the State Judiciary or the State
Legislature. It is therefore assumed that m
der this section members Of a State Legisla-
ttire who should vote for laws conflicting
with the provisions Of the BILL Judges Of the
State Courts who should render Judgments
in sptaqonisrn with It's terms, and that Mar
shals or Sheriffs who should, as ministerial
officers. execute process sanctioned by State
laws and issued by State Judges, in execn-
ton of their judgments, could be brought
before other tribunals; and there subjected
10 fine and imprisonment for the performance
Of the duties which suCh State laws might
impose.
The legislation thus proposed invndes the
iudicial power of the State Il says to every
State Court Judge, if you decide that this
act is unconstitutional. if you refrse, under
the prohibition Of State law. to allow ne
gro 10 testify. If yod hold that on every such
subiect matter said law Is paramount, and nn-
der color of State law, refuse the exercise
nf the right TO the negro, yonr error Of jddR
mPnt however cUnaGions; shall EHhjrEt you
to fine and irnprlsnnmentE do not apptes
bend that conflicting Legislation, which the
bill seems to contemplate, is so likely TO 90
cur a. TO render Il necessary a. tlis time 10
adopt a measure Of such doubtful eohstiru-