The Carolina Spartan. [volume] (Spartanburg, S.C.) 1852-1896, 1866-04-12

suS'A "o"e, musl uuueTSO pTOpatlOu VI
five years, and can only then become citi-
zens upon proof that they are of good moral
character, attached to the principles of tic
Constitution of the United States, aud we'll
disposed to the good order and happiness
OF the same. The first section of the bill
also contains an enumeration Of the rights
to be enjoyed by those classes SO made cit
liens in every State and Territory in the
United States These rights are, to make
and enforce contracts, to cue, be parties
and give evidence, to inherit, purchase,
lease, sell, hold, and convey real and per-
sonai property, and to have full and equal
benefit of all laws and proceedings for the
security Of persons and property as is en-.
joyed by white citizens So too they are
made subject to the same punishments,
pains and penalties, common with white
citizens, and to none others. Thus a per.
feet equality of the white and colored races
is attempted to be fixed by Federal law in
every State of the Union, over the vast
field OF State jurisdiction covered by these
enumerated rights. In no one of them
can any State exercise any power Of dis
crimination between different races. In
the exercise of State policy over matters
exclusively affecting the people of each
State, 1t has frequently been thought ex
pedient to discriminate between the two
races. BY the statutes of some of the
States North, as well as South, it is enact
ed, for instance, that no white person shall
intermarry with negro or mulatto. Chan
oellor Kent says, speaking of the blacks,
that marriage, between them and the whites
are forbidden in some of the States where
slavery does not exist, and they are pro-
hitited in all the slave holding States by
law; and, when not absolutely contrary to
law, they are revolving, and regarded rs
an offence against public docorum. do
not say that this bill repeals the State laws,
ON the subject of marriage between the
two races, for as the whites are forbidden
to intermarry with the blacks, the blacks
can only make such contracts as the whites
themselves are allowed to make, and there
fore can not, under this bill, enter into the
marriage contract witn the whites take
This discrimination, however, as an instance
of the State policy as to discrimination,
aud to inquire whether, if Congress can
abrogatc all State laws of discrimination
between the two races, in the matter uf
real estate, OF suits, and Of contracts GEN
orally, Congress may not also repeal the
State laws as to the contract of marriage
between the races? Hitherto, every sub
iect embraced in the enumeration of rights
contained in the bill has been considered
as exclusively belonging to the States; they
all relate to the internal policy aud econ
omy Of the respective States They are
matters which, in each State, concern the
domestic condition of its people, varying
in each according to its own peculiar cir,
cumstances aud the safety and wel.being
OF its own citizens. do not mean to say
that upon all these subjects there are not
Federal restraints, as, for instance, in the
State power Of legislation over contracts.
there is Federal Limitation that no St;,te
shall pass law impairing the obligations
OF contracts; aud, as to crimes, that no State
shall pass an er post factO law, and, as to
money, that no State shall make anything
but gold and silver legal teuder. But
where can We find Federal prohibition
against the power of any State to discrimi-
nate, as do most of them, between aliens
and citizens, between artificial persons call.
ed corporations and naturalized persons in
the right to hold real estate? Ifit be
granted that Congress can repeal all State
laws discriminating between whites and
blacks, in the subjects covered by this bill.
why, it may be asked, may not Congress
repeal in the same way, all State laws dis
eliminating between the two races on the
subject OF suffrage ami Office? IfConeress
can declare by law who shall hold lands.
who shall testify, who shall have capacity
to make contract in State, then Con.
gress can also by law declare who, without
regard to race or color, shall have the RIGHT
to act as juror or as a judge, to hold any
office, and finally to vote in every State and
Territory of the United States. AS respects
the Territories, they come within the pow
er of Congress, for as to them the law.
making power is the Federal power; but
as to the States no similar provision exists,
vesting in Congress the power to make
rules and regulations for them.
The object of the second section of the
bill Is to afford discriminating protection
to colored persons in the full enjoyment of
all the rights secured to them by the pre-
ceding section. 1t declares that 81 aDy
person who, under color of any law, statute,
ordinance, regulation or custom, shall sub
Ject or cause to be subjected any inhabitant
OF any State or Territory IN fba danr;,,o