East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1866-04-04

unfairly sntrufs lhe hoerty, aud thr pursuit OF
happiness. Yet il is now proposed by a single
Legislative enactment, to confer the rights OF
eitltcns upon a,l psnens of African descent. horn
within the extended limits Of the United States,
while persons Of foreign birth, who make eur
hand their home, must undergo a probation Of Eve
years apd can only then become citizens upon
pr"of that they nrc OF good moral, character
attnehed 10 this principles Of the CONSTITUTION Of
the United States, and we'll disposed TO the good
order and happiness of the saine. Il ii3 n.
The first section Of the bill also con.ains an
enon'eraton Of the rights to he ecljoyed by those
classes 10 made citizens in every state aud ter
rttory in the United States Ihess rights ARCS
To make and enforce contracts, 10 sue the parties
and give e,iden6e, to inherit purchase lease, SELL
hold and coLvey real and personal property, and
ana az have the full u and nd esaa hspsai persH and
property as is enjoyed by white citizens. s'-too
thsy Ars made subject 10 the same punishrnenfs.
pnns AMI penalties in. roin,non with white ei'i-
lens, and to none others Thus perfect equality
OF the white and eoiorcd races IS attempted to be
sxed by Federal law In every state pf theunion
over the vast feld of state jurisdiction covered
rby fhase enumerated rights In no one OF them
can sny State exercise any power of discrimina-
tion between different races In the s1ercise II
State policy over matters exclusively Sfecting
the people Of each state IL nus frequently been
thtaght expedient to discriminate between the
. u
Noah as we'll as South IL Is en,sted for instance
tha 10 white person shall ,ntcflnarry with negro
or nuIatto. chancellor Kent says, speaking OF
the blacks, that marriage between them and the
whites is forbidden in solpe Of the states where
smvery does not exist, and they are prohibited In
aIl the slave -holdiag Statest,y lawi eul when
not absolutely contrary law they ARE rev"lting
and regarded as nm ofense against public dec
orum do not say that this bill reptaIs State
h.. ~ trfta 20
races: for rs the whites are forbidden To inter
mary with the blacks, the blacks can only make
sucl contracts rs the whites themselves are nj
loved To make, and therefore cannot under this
bilicnter into the marriage contract with the
whites I cite this determination, however, Ms nm
instance OF the State policy as to discrimination.
aud 10 enquire whether II Congress can abroyate
all State laws Of discrimination between the Two
races In matter Of real estate Of suits nnd oi con
tracts generally. Congress may not also repeal
the State taws MS to the contract OF marriage
between the races. Hitherto every su'jet cin-
brnred in the enuInc ration of u ghts contained in
the bill has been considered ne exclusively be-
longing 10 TO the States. They all relste to the
internal policy and economy OF the respective
states. They are matters which In eacb State
c,rcern the domestic condition OF its people,
varying in each according 10 its own peculiar
circumstances AMI the safety and we'll being Uf
its owu citizens ] do not nean to say that upon
ali those SUI ects there not Federal RESTRAINTS,
as Tor instance, in the State power Of legislation
over contracts there is Federal Limitation that
no State shalt pass law inpairing the obl,ga-
tons Of contracts, and as to crimes that no State
shall pass nm er posi- fIei0 law. and Ms to money
that M State shall make anything hut gold aud
silver a legal tender. But where can We lind
Federal prohbition against the power ut any
State 10 disc inatc, ns do most %. them,
bet wc~n niiens and citiEeas between artificial
pcrsous called corporations and naiuralized per-
sons In he right To hold real estatei ID Il he
grauied that Congress can repeal all State laws
discriminating between whites and blacks in the
su ircts cy.red by the bill, why, 1t may lie asked
mny not Congress repeal in the samu way all
state laws dsrrimin it,Dg between the two races
On thu sui hct Of suffrage and uthcv! II Con
gress car declare by law who sasll hold l,nis,
Who ssa'i tessuy. who shsii has. capacity 10
make a coatract IN n State. the Congress can a.so
y i"~ j.-.i..-s .~h>, si,h.,nt regard TIA RAGS
color shall have tue right ~ { ms juror or as
Judge, TO hold any Office, "nd finally 10 vote in
every state AMI Territory oi the | nited States
As respects the Territories, they COME within
the power OF Congress, tor as a. ttsem thc law
making power Is the Federal power; hut NJ z the
States no similar power exists vcsting IN Con-
gress the power to make rules and regulations ioi
them.
The Object Of the second section of the bill rs 10
afurd discriminating potc,ton Ia c,ored persons
IN the full enjoyment o all the rights secured Ia
them by the preceding sector. ID declares that
any person who, uDdercovcrof any law. statute,
ordinance, regulation or custom, shall subject or
Gauss TO be subjected any inhsbtint of any State
or Territory u, the Depreciation of any right
secured o protected 10y this net, or to different
punishment, pains or penalties ON account oi such
lerson having at any time been held In the con-
,iiton of slavery involuntary servitude, except
~ ~ punishment OF crime whereof the party shalt
have been duly eous ictcd, or by reason Of color
or race, than is prescribed for the punishment
ot white persons, shall be- deemed guilty of
misiemeanot and o. conviction shall De punished
by fine, not exceeding $1,000, or imprisonment
not exsccding Que year, or bath, In the discretion
If the Cont THIS action seems TO he designed
10 aIply 10 some exisfsng or future law uf
A stale Or Territory which may conflict with
the pr,visans II the bill under confederation
Il pr vJ,ies i.r courterr,tlng such torbddn legs.
iai hy imposing fine anu prsUninrit Lpon
the Il g,seors wbo may pass such cuafl, l,cting laws
or uI,,n the officer er agents who shall put OF at
temlt 10 put them into execution 1t menns mn
official ohepse, mt ~ common crime, conimitted
against the Law upon the person or property .of
the black rnce. such IN net may depive the
lsck man of his property but not of h'r right To
hold property. Ii means u deprivation of the
right itself, either by the State judi iaIy or the
state legislature. Ia is thsrcioro assumsi that
undcr this sectr,n meubers oi the State legls lsla-
lnture wbo shoull uae Tor laws conflicting with
the provisions OF the bii that Judges Of the state
courts who should render Judgments in antag,'n-
Ism to iis terms. AMI thai mashals aud pheritis
VIM should rs mn'striil officers oxccatc pro vsses
sanctioned Ly State laws and issued by State
Judges IN the execution VI the Judgements,
could be brought before other tribunals an there
subjected to fire and imprisonment tor the per-
iorinance of the duties which such State laws
might inIose. The legislation thus p'oposed iu-
valid tcs the judicial power of the State; IL says
To every stats court or Judge, II you decide that
this net is Unconstitutional II you refuse under
the prohibition of a State law 10 allow % negro
to testify, ii you hold hat over such matter the
said law is paramount and under. cover ofa state
law refuse the exercise OF the right To the ncgr,
your error VI judgement however conscious, shall
-u' jcct you to fine anil imprisonment | do not
aplrehend that onncting iegislatlon which the
bin seems to contcmplate Is likely TO occur as
TO render II necessary Mt this time TO adopt u
"A measure OF such doubtful cons. ns.iutionality
o In the next piace this provision OF the bill
seems to be unnecessary, as adequate judicial
reme,lses could he adopted 20 secure the desired
end without invading the 'mmuniiics Of legisa-
lures, always important TO he preserved in the
interest o: public liberty; without assailing the
Independence Of the Judiciary, always ess, ntiai
10 the preservation of individual r. hts AMI with
cut inpairiug The efficiency II mini-tc,iaI officers,
always necessary for the ma'ntcn nee uf public
pcare aud or .er The remedy proposed by this
scttion seems to he in this respect not only sup =
nuous but Unconstitutional, Tor tbs Constitution
guarantees nothing wnh certainty VI 10 does MT
insure TO the several states the right of making
ru Ing laws in regiri to MI matters arisng with
In th, ,ir Jurisdiction. subject only to their co-
struction in eases Of conflict With the constitution
and constitutional laws Of the United States
The Inter to be held us the supreme Jaw Of the
land.
The third section gives the district court, Of the
United States exclusive cogulzance Of all crimes
AMI offences committed against the provisions of
this act ani coucu rent jurisdiction with the tir-
cult Courts of the niied States of all civil or
criminal cases affecting persons who are denied,
or cannot enforce Ia the courts or juIici,l trihu-
mails Of The State or locality where they may be,
any Of the rights secured TO them by the first seq
ton. The construction which have given 20
the sec'nd section. for II makes clear what kind
of denial or deprivation n rights secured by the
hrst section was IN contemplation, is a denial or
deprivation " such rights IN the couris or judicial
tribunals OF the State Ii stands therefore, clear
Of doubt that the offence and the penalties pro-