The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-04-05

over the vast nelo or state jurisdiction
covered by these enumerated rights. In
no one of these can any State ever exercise
any power of discrimination between the
different races.
In the exercise of State policy over
matters exclusively affecting the people of
each State, it has frequently been thought
expedient to discriminate between the
! two races. By the statutes of some of the
States, Northern as we'll as Southern, it is
enacted, tor instance, that no white per-
son shall intermarry with negro or mu-
latto. Chancellor Kent says, speaking of
the blacks, that "marriages between them
and the whites are forbidden in some Of
the States where slavery does not exist,
and they are prohibited in all the slave
holding States, and when not absolutely
contrary to law, they are revolving, and
regarded as an offence against public de-
corum"
do not say this bill repeals 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 onEy make such contracts as the whites
themselves are allowed to make, and there
fore cannot under this bill enter into tie
i
cite this discrimination, however, as an
Instance OF the State policy as to discrim-
lnation, and to inquire whether, if Con-
gress can abrogate all State laws of
discrimination between the two races in
the matter of real estate, of suits, and of
contracts generally, Congress may not also
repeal the State laws as to the contract of
marriage between the two races !? Hith-
erto every subject embraced in the emu
meration of rights contained in this bill
has been considered as exclusively be-
longing to the States They all relate to
the internal policy and economy of the
respective States. They arc matters which
in each State concern the domestic condi-
ton of its people, varying In each accord
ing to It's own peculiar circumstances, and
the safety and we'll being of its own citi-
zens. do not mean 10 say that upon all
these subjects there are not Federal re-
stralnts, as for instance, in the State power
of legislation over contracts, there is
Federal limitation that no State shall pass
law impairing the obligations of con
tracts; and 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 tender. But
where can we fnd Federal prohibition
against the power of any State to dis
criminate, as do most of them, between
aliens and citizens, between artificial
persons called corporations and natural
persons, in the right to hold real estate
If it be granted that Congress can repeal
all State laws discriminating between
whites and blacks in the subjects co7ered
by this bill, why, it may be asked, may
not Congress repeal in the same way all
State laws discriminating between the two
races on the subjects of suffrage and of
flee ? If Congress can declare by law
who shall hold lands, who shall testify,
who shall have capacity to make con
tract IN State, then Congress can by law
also declare who, without regard to color
or race, shall have the right to sit as a
juror or az a judge, to hold any Office, |
and, finally, to vote Gin every State and |
Territory of the United States" As re-
spects the Territories, they come within
the power oe Congress, for as to them the
law making power is the Federal power
but as to the States, no similar provisions
exist, vesting in Congress the power .sto
make rules and regulations" tor 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
section. 1t declares that "any
person who, under color of any law, stat
ute, ordinance, regulation or custom,
shall subject or cause to be subjected any
lnhabitant of any State or Territory to the
deprivation of any right secured or pro-
tected by this act, or to different punish
nent, pains or penalties on account of
such person having at any time been held
N condition of slavery or involuntary
except as a punishment of crime,
whereof the party shall have been duly
or by reason of his color or
ace, than is prescribed for the punish {
nent of white persons, shall be deemed {
guilty of a misdemeanor, and on convic- t
ion, shall be punished by fine not ex- :
seeding one thousand dollars, Or impris- {
nment not exceeding one year, or both, {
n the discretion of the court" This
ection seems to be designed to apply to |
Ume existing or future law of State or s
,erritory, which may conflict with the
rovisions of the bill now under consid-
ration. 1t provides for couuteracting e
uch forbidden legislation, by imposing a
ne and Imprisonment upon the Legislators I
Tho may pass such conflicting laws, or i
pom the officers or agents who shall put Il
r attempt to put them into execution 1t il
leans an official offence, not common Ii
rime, committed against law upon the t
erson or property of the black race p
uch an act may deprive the black man o