American citizen. [volume] (Canton, Miss.) 1864-1890, 1866-03-31

White person shall intermarry with q
negro or mulatto. Chancellor Kent,
IN speaking of the blacks, says that
between them and the
whites is forbidden in some of the
States where slavery does not exist,
and are prohibited in all slave-hold-
ing States by law, and when aoSo-
lutely contrary tola W, they are revolt
ing. and are regarded as an 0ftense
against public decorum. 90 not
say that this bill repeats the state
laws on the subject of marriage De
tween the two races, for as the whites
are forbidden to intermarry with the
blacks, the blacks can only make
sncb contracts with themselves as
the whites are allowed to make, anu
therefore, under the bill cannot en-
ter into a marriage contract with the
whites. | cite this discrimination
however as an instance OF the stare
nolicy rs to discrimination, ana 10
enquire whether if Congress can az
rodate all State laws of dlscrlmlna-
tion between the two races on the
matters of real estate, rents, anu vi
contracts generally, Congress may
NOT also repeal the State laws as TO
fine contract of marriage between the
two races. Hitherto every Suhlect
cmhraced the enumeration OF rights
contained in the bill, has been con
sidered as exclusively belonging 10
the States, AS they all relate to the
internal policy and economy OF the
resnectiye States. They are matters
which in each State concern the 40
nestle condition Of the people, vary
in each according to its own peculiar
circumstances, and the safety and
we'll being of its own citizens. l DO
NOT mean to say that upon all these
subjects there are no Federal re-
,triints rs for instance in the State
mower of legislation over contracts
thorr is a Federal limitation that no
state shall pass law impalrlng the
OBLIGATIONS of contracts, ana as 10
crimes. that no State shall pass an
POST FACTO law, and as to money,
that no State shall make anything
hut cold and silver IA legal tender
Rut where can we find Federal pro
bibition against the power OF any
State TO discriminate, as do most OF
tbem between aliens and citizens
between artificial persons called cor
porations, and naturallzed persons
IN the RIGHT to hold real estate! II
If he Granted that Congress can re
neoI al State laws discriminating be
, tween whites and blacks, on the sub
! icct covered Ivy this bill, why, 1t may
he asked. cannot Congress repeal II
tbe same way all State laws dlScrlm
+ mating between the two races on thu
: srbicrt of suffrage and Office! |
p Conorcss can declare by law wh'
9 shall hold lands, who shall testify
:. and who shall nave the capacity. tt
make contracts in the States, tbcl
+ Congress can, also, by law, dcclar
=. who-withOut regard to race or coI
: or-shall have the right to sit as u
J. ror or as a Judge, to hold any Once
o and, finally, to vote in every stat
|. and Territory of the United State
/ As respects the Territories, the
l. come within the powers of Congress
n for rs TO them, the lawmaking pow
p cr is the Federal power; hut as
., the States, no provisions exists YES
I inc in Congress the power to maR
= rules and regulations for them.
r. The object of the second section
A. Ithp hill is to afford discriminate
IS and protection to cOlorcd persons
1. the full enjoyment OF all their rlGh
r. secured TO them under the precedlT
nf section. 1t declares that any perSt
" who. under color of any law, Statllt
if ordinance: regulation of custom, Sha
a. subject or cause to he subjected al
t. inhabitant of any State or Terrltor
n TO the deprivation of any right
a. cured or protected by this act, or
n different punishmcnts, pains or pc
: allies ON account of such pcrSo
~ having at any time been held III
N condition of slavery, or mvoinnta
of servitudp, except as punlShlne
10 for crime, whereof the party Sh;
IN have been duly convicted, or by re
IS son of color or of race, than is pl
ne scribed for the punishment OF viii
ed persons, shall pc found guilty OF
nd miSdemeanor, and, on conVlctl
~ thereof, shall be punished by ii
IS not exceeding $1,000, or imprlst
ps. meut not exceeding one year, or Dol
lst at the discretion Of the Court. ii
n section seems to be designed to
Iat plv to some existing or future law
nd a State or Territory which may 90
all tlict with the provisions OF the b
III now under consideration, 1t p
We vidrS for obStrurting such iorbldd
,x- LEGISLATION 10y fine and impriSonm'
ay upon the legislators who may pi
nv such conflicting laws, or the oiiic
ms or agents who shall put or atten
in f., mt them into execution. 1t mei
ro- and offered Otl'cnSc; not a comm
i'll. crime committed upon the person
as proprrtv of the black race. 81
all an act may deprive the black II
oof of his property, but not the right
ac- hold properly. 1t means depri
of ZION of the right itself, either by
,cd STATE Judiciary, or STATE I"gisla'r
mi II is therefore assumed that un
Ibis section, members Of Sac J.
.lSo islaurc who should vote for The J;
hts conflicting with the provisions of
To bill. hat Judges of The State Con
ate who would render judgements IN
tcs .aronism with irs tenor. and that n
in. shals and Shelif1s who should.
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