The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-04-11

that no white person shall i"ternarry with a
negro or mul%tto. Chancellor Kent says,
speaking Of the blacks, that "N@rra~cS be-
tween them and the whites are forbidden in
some of the States where slavery does not ex-
iSt, and they are prohibited in al the slave
holding States, and when not absolutely con-
trary to law, they are revolving, aud rrgarded
as IN offence against pUbIic drcOrun.'
do not say this bill repeats State laws on
the subject ofmarriagc between the two races,
for as the whites are forbidden to inIormarry
with the blacks, the blacks can only make
such contracts as the whites themselves are
allowed to make, and therefore cannot under
this bill, cutc~ into the marriage contract with
the whites I ci:c this discrimination, how
ever, as an instance of the State policy as to
discrimination, and TO inquire whether, Ii
Congress can abrogatc all State laws OF dis
elimination between the two races in the mat
ter Of real estate Of suits, an;. OF contracts
generally, Congress may not also repeal the
State laws as to the contract OF marllaGe be
tween the two races? Hitherto every subject
embraced in the enumeration Of rights con-
tanned in this bill has been considered as eX-
ciuSivcly belonging to the States. They all
relate to the internal police and economy or
lnc lt:t~''i' >'"''> 49,, dn,,,o.t;l.
""'C!i; ~ es:!' 'I'",I, a.o}' occcrd.
c0"u''oH I" I'o L'soR.', '.,7 aNJ tho
l"E TO a,> 0m" PIU:'L IS ~. 0,' nn cI;zrns
@,,u .',, ~. ,o, III tLn,c snb.
nct @ . thnra ,.' rc ~ H"} M FJrrai rr,,ainfS as for
;net,,co IN tho >,,cta no,ccr orlar;,rafion over
contracts there is = FEDERAL I;niL%tion that no
ct.to ch.1! INV in,r,i,iar the o},licaiions
! nf contrsrtS. md * to crimes ;aat no State
sbaI} na,s ~ lr ,.1xt 1l,ct2 law: and as to
money, that no State shall make anything but
gold and silver legal tender. But where can
we find Federal prohibition against tie pow
e. Of any State to discriminate, rs DO most of
them. Eetwccn aliens and citizens, between
. artificial rrr>ous, called corporations, and
natural persons. in the right TO hold real es-
tate?
fit be granted That C>nere>s cah repeal all
State laws discriminating between whites and
blacks in the subjects covered hy this bill,
why, it may be asked, nav not Congress re-
zeal in the same way al State laws dlscrimi-
mating between the two races on the subjects
I Of suffrage and Office? If Congress can de-
clare bv law who shall hold lands, who shall
testify, who sha, have capacity to make con-
tract in State, tHvn Congress can by law also
declare who without vcgard to color or race,
shall have the right to sit as juror, or as a
Judge, to knld any Office, and, finally, to vote,
in every State and Territory Of the Cnlted
States
As respects the Territories, they come with
in the power Of Congress, 70: as 10 the!p the
iaw-makins power is the Federal power; but
as to the States, no similar provisions exist
vesting IN Congress the power 10 make rules
and regulations for them.
/ The object Of the second section Of the bill
is 70 afford discrimi,atiurD to colorcd
oersonS in the full cnioyn!ent Of all the rights
secured to them by the preceding section. It
declares "that any person who, uujcr color Of
INV ]aw. statutc, ordinance, regulation or Gus
tom. shall subject, or cause to be subjected,
a9r Hhabitant Of anv State or Territory to
the dnnrira1;on any rirht secured or pro-
tt.ctcd Inv this Act or to iitI:.rcot puuishmcnt.
minis or ncnaI,irS on account Of such person
I.vi,.,r If any ti,n,, Lccn held in > condition
Of slavery or involuntary scrvirudr, except as
, nnri> >h,rrnt for crime whereof the partv
/ shaD have bccn dr}v convicted, or bv reason
nr his co)or or raca than is prescribed for the
nnn;,hmcrt cr w}i:a rprsons. shall be deemed
au;Irr Of . ,,i>dc,ccanor and on conviction
shan be nuni,hcd by fine not exceeding 81, 600,
or imn1i>onmcut not exceeding one year, or
both m the discretion of the court" This
sortinn snnms to bp Gc>icned to aDDly to some
o,;s,;,.,, ~. f,,+,,ro Inv of State Gr Territory
Which, mav conflict with the provisions of the
I;H now n,1rr transformation It provides for
rnnrtc~ortinr snch forbidden lee i>}arion bv
;nnaSinr fim@ end jronrjSoancnt unon the
inr; ;.I.tG2c who ,n,v mss sprh coofictjuc laws,
~ ,,ro,, tbo n4f;ca.l or c,ronts who shall mt,
or attrmnt to nn<, them into execution. 1t
,no,nS o5 nfic;al oArnce NOT . common crime
rornn,ittrd ana;nst law nDon the persons or
oronertv Of the Black race. Such an Act
Gcn5;vn the black n,oo of his oroDcrty, but
not of thn y;0It to I,c}l nropcrty. It means
G,,,r;vatinn of the ,irhf itself either by the
-;t,tn ;,,Gicirrv or the S;ate legislature. 1t
:. ~ rb.rrfore assnmcd that under tIis Section,
,aa.,I,ar', &c %(,tn + ;,loturcs who shouId
G;ot;,T7, ,,.;.b tho nrovisons
HctI ~ "a" It;',C...o &c +ho C,aIo conrtS
VI 'II9 Oh .na' 'a?'In VI ~" =, omt.oo,;s,n
NnG :.'ouS is'''V! |'.,'s'.,S ~, ,' nI hor,
Wi'A II" tII''iS "G :", :''' inor elt' ' nxnnto
No Slou''' 4" 'l'''i'f'v' ~. w ;ssnoJ
PROCESSES: ,t'I' ~ ',;,r' "f tha;r ;nIr.
0y ela'e J1uSS"' J." eAytUt'"c' 04 te.t trto9 Jcto
mentS, couIo 0e OIoua"t oe'o'c otnS' :';1 UiG~
nGlS, ana there SUBJECTED 10 IIHe ""u l'LPi i>-