Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1866-04-11


of the Constitution of the United
States, and well disposed to the good
order and happiness Of the same.
NEGRO EQUALITY.
The first section of the bill also con-
tains an enumeration of the rights to
be enjoyed by these classes so made
citizens in every State and Territory
of the United States. These rights
are to make and give evidence, to in
herit, purchase, lease, sell, hold and
convey real and personal property,
and TO have full and equal benefit OF
|ali laws and proceedings for the seen.
rity ofperson and property as is now
enjoyed by white citizens SO, too,
they are made subject TO the same
punishment, pains and penalties in
common with citizens, and to none
others. Thus a perfect equality OF
the white and colored racesi is attemp-
ted to be fixed by Federal law in ev-
cry State of the Union over the vast
field of 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 exclu-
sively affecting the people Of each
State, it has frequently been thought
expedient 20 discriminate between
the two races.
LAWS AGAINST MIsCEGENATION
Bv the statutes of some Of the States,
Northern as we'll as Southern, it is
enacted, for instance, that no white
person shall intermarry with negro
or mulatto. Chancellor Kent says,
speaking of blacks, "that marriages
between them and the whites are for
hidden in some of the States where
slavery does not exist, and they are
prohibited in all the slaveholding
States; and when not absolutely con-
trary TO law, they are revolving, and
regarded as an offence against public
deeomm." ] do not say that this bill
repeals State laws on the subject of
marriage between the two races, for
as the whites are forbidden TO inter
marry with the blacks, the blacks can
only make such contracts as the whites
themselves are allowed to make, and
therefore cannot. under this bill l,enter
INTO the marriage contract with the
whites
! cite this discrimination, however,
MS an instance Of the State policy as
to discrimination, and TO inquire
whether, if Congress can abrogate all
State laws of discrimination between
the two races in the matter Of 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 7 Hith-
crto every subject embraced in the
enumeration of rights contained in
this bill has been considered as eXclu-
sively belonging to the States; they
all relate TO the internal policy and
economy of the respective States.
They are matters which, in each
State. concern the domestic condition
of its people, varying in each accord
ing to its own peculiar circumstances
and the safety and well-bcing of It's
own citizens.
! "TIE CAT IN TUE MEAL TUB.
/ do not mean to say that upon all
these subjects there are not Federal
restraints. As for instance, ia the
legislation over contracts, there is a
Federal limitation that no State shall
pass law impaifing the obligations
Of contracts; and as TO crimes, that
no State shall pass an &c post Jdctc
law; to money, that no State shall
make anything but gold and silver q
legal tender. But where can we find
Federal prohibition against the pow
er of any State to discriminate as u
most of them, between aliens and cit
izens. between artificial persons called
corporations and national persons, il
the right to hold real estate.
I Ifit be granted that Congress car
repeal All lNldlc laws hioAi iihi iAlatlil. hN
tween whites and blacks in the sub
iects covered by this bill, why. it may
be asked, may not Congress repeal, in
h the same way, all those laws discrim
mating between the two races on the
subject of suffrage and Office i
| Congress can declare, by law, whC
shall hold lands, who shall testify
who shall have capacity to make /
contract in State, then Congress
can by law also declare who, withou
. regard to race or color, shall have tn
, right to sit as a juror or as judge, {
, hold any office, and finally to vote. il
every State and Territory of the Uni
ted States IS respects the Terrific
: ries, they come within the power @
: Congress, for as to them the law-ma
a king power is the Federal power; bu
r as TO the States, no similar provisio
! exists, vesting in Congress the powe