The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-04-07

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th.itf aff fHhhllsH ~ lhisfmnffs
With ihf blaeks lhe lIaeka taa mhlg
uahe mfh eHimela viii lhemafly
n M whites nee alInwad Nv makt.
aad ihfftl0if, nHlff ne Mli. aaha
fh'ff iHi1 maniase sHimi With
De whites I alit lhh i.a HmiaalieH.
however, a. ~ lbslanee n Ne slma
policy a. N determination, anil ~
tquuifn whether. II Cangfes ean
surrogate all State lawfuf diatHmiua
ii1n beiEeon Che ieo fafes IN ihf
matters " feal estate, rents. anA com
ifaela Fen,mly, Cnugress may not
also fepoal tbo State lass ~ IN the
contract n marriage botwcou the Two
faeos Hitherto every subject em
bfactd N ihe enumeration NJ fiFiis
contained IN The bill, haa been con
sidored as exclusively belonging ~
The States, as thoy all relate IL the
internal policy and economy Of the l
respective States. They arc matters |
which, w each State, concern the /
domestic condition Of the people. VA. |
rying IN each according to rs own
peculiar circumstances, and the safety /
and wcll.bclng Of its own citizens. | ,
DO nol mean 10 say that upon MI these
subjects there are no Federal re-
strninia, as for instance IN The State
power Of Legislation over contracts.
there Is Federal limitation that no
State shall pass a law impairing the
obligations Of contracts, and as to
crimes, that no State shall pass IN
, ca post fdcio law, and as to money,
that no State shall make anything
: but gold and silver u legal tender.
Q But where can we find Federal
] prohibition against the power of any
. State to discriminate, as do most Of
= them, between aliens and citizens, be-
I tween artificial persons called corpo-
3 rations, and naturalizcd persons in
r the right to hold real estate? II it
= be granted that Congress can repeal
= all State laws discriminating between
Q whites and blacks, on the subject
It covered by this bill, why, it may be
: asked, cannot Congress repeal in the
! same way all State laws discriminate
l. ing between the two races on the
e subject of suffrage and office? II
l. Congress can declare by law who
/ shall hold lands, who shall testify
l. and who shall have the capacity tC
% make contracts in the States, thcr
e, Congress can, also, by law, declar,
g who-without regard to race or colol
j. shall have the right to sit as {
= juror or as a judge, to hold any office
l. and, finally, to vote in every Stat
re and Territory of the United States
IN As respects the Territories, they CONF
to within the powers OF Congress, fol
d as to them, the law-making powel
= is the Federal power; but as to tn
l. States, no provisions exists vesting il
Of Congress the power to rake rule
d, and regulations for them.
to The object of the second sectiol
IN of the bill is to afford discrimination
m and protection to colored persons i
ne the full enjoyment of all their right
nc secured to them under the preceding
to section. 1t declares that any perso
er who, under color of any law, statute
Is, ordinance, regulation or custom, shal
ed subject or cause to be subjected an
he inhabitant of any State or Territory
h. to the deprivation of any right SC
tx cured or protected by this act, or t
IS different pla.shments, pains or pen
to alties on account Of such persons hay
n, ing at any time been held in a con
IL dition of slavery, or involuntar
ur servitude, except as q punishment fc
ed crime, whereof the party shall hay
it been duly convicted, or by reason {
ey color or Of race, than is prescribe
f. for the punishment Of white person
he shall be found guilty Of misd,
n meanor, and, on conviction thcreo
We shall be punished by a fine not c,
x ceeding 81, 600, or imprisonment NJ
ay exceeding one year, or both, at Il
ny discretion of the Court. This sectio
ms seems to be designed to apply to son
in existing or future law of State I
70 Territory which may conflict wit
III. the provisions of the bill, now und'
as consideration. 1t provides for ol
all structing such forbidden legislatic
nat by fine and imprisonment upon Il
at legislators who may pass such col
The ilicting laws, or the officers or agen
to- who shall put or attempt to put the
ess into execution. II means an offer
offense, not a common crime commi
.lso ted upon the person or property
hts the black race. Such an act may
To prive the black man of his propcrt
ate but not the right to hold propert
!, Il II means q deprivation Of the rig
rit, itself, either by the State Judiciai
use, or State Legislature. IL is thereto
nal assumed that under this sectiC
and members Of a State Legislature "
ed should vote for the laws conflict
and with the provisions of the bill, q
by Judges Of the State Courts who wor
ade render judgments in antagonism W
and It's tenor, and that marshals n
hite shcrifls who should, as minister
IS Is officers execute a process sanction
,red BY State laws and issued by st
der judges in the execution Of their ju,
ion, ments, could be brought before otl
iris tribunals and there subjected to |
,nu- and imprisonment for the pcrfor
hem ance Of the duties which such st
n or laws imposed.
rent The legislation thus proposed
,tate wolves the judicial power Of the 81
feet II says to every State court or jud
has IL YOU decide that this act Is une
1t to stitutional, IL you refuse under