The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-07-22
sensible Opinion OF Radical Judge
I'm North Carolina - Hnferinarriaee
between the White nnd Colored
Races Declared TIn1nyrfuI

between the White and COlorcd
Kaces Declared Unlawful.
In the case of the State Us. Hairston, Mr.
Justice Reade the other day delivered the
opinion OF the Supreme Court, as follows
The only question in the case is, whether
the intermarriage of whites and blacks lR
lawful
by our marriage act, "All marriages
since 9Th January, 1859, and all marriages
in future between white person and free
negro, or free person of color, to the third
generation, shall be yoid.' Rev. Code. ch.
| 6S, sec. I. g.
Late events and the emancipation of the
slaves have made no alteration in our
| policy, or in the sentiments of our people.
And lest it might be supposed that there
was, or would be. change, the Legislature
in 1866 rc%nacted the marriage act And
thus the law stood ut the time Of the adop-
ton of our new constitution. The consti-
tuition was adopted by large popular vote,
both whites and blacks voting. In the con-
stitntion it is provided that ''the laws of
North Carolina, not repugnant to this con-
stltution, or to the Constitution and laws of
the United States, shall be in force until
lawfully altered" Article 4, section "a.
1t thus appears that we have not only the
| plain letter of the acts Of the Legislature,
but the sanction of the Constitution that
| the intermarriage of whites and blacks ip
against public policy, and is unlawful And
as this is matter affecting the social and
| domestic relations it is gratifying to know,
that the law has the sanction of both races.
1t is no discrimination in favor Of one race
hut {n
both. At the last term, in the case of the
State Us. Underwood, G3 n. c. r., 90, We
decided that the act forbidding persons of
color to be witnessas, except against each
other, was repealed by the constitution, as
being repugnant to its spirit end inconsist-
cnt with our altered condition. But that was
because there was discrimination between
the races in civil rights. Here there is no
discrimination. The law operates upon both
races alike-neithcr can marry the other :
nor is it repugnant to the spirit of the con-
stitution nor subversive of civil rights, but
is i'll consOnance with both
1t was insisted that the civil rights bill
has declared a different policy, and has
changed the law. 1t is not necessary that
we should decide whether the operation of
that bill ended with the cessation of our
provisional relations with the United States
or whether it is operative now, for by its
terms it has no application to the social re-
lations. It's object was, and its terms are.
to declare equality between all citizens
without regard to race or color in the mat
ters of making business contracts, sucing
in the courts, giving evidence, acquiring
property and protection of person and pro-
nd SC 81 l., Ia,
own State constitution has done. But
neither the civil rights bill nor our State
constitution was intended to enforce social
equality, but only civil and political rights.
This is plain from the very terms but if
the terms were doubtful the policy Of pro-
hibiting the intermalriagc Of the two races
is so well established, and the wishes q;
both races so well known that We should
not hesitate to declare the policy paramount:
to any doubtful construction.
The marriage relation is peculiar and
important one. The courts treat it as II
civil contract, only III the sense that a con-
| tract-consent of parties-precedes it. and
is essential to its validity; but when formed
it is more than civil contraCt-it is rel0-
ton, an institution, affecting not merely the
parties like business contracts, but offspring
particularly and society GENERALLY. And
every State has always assumed to regulate
it, to declare who are capable Of contracting
marriage. what shall he the duties and pri-
vilegcs. and how it shall be dissolved. These
things have never been left TO the discre-
tion Of individuals, but have been regulated
by law. Among other things, our marriage
| law declares that the white and colored
races shall not intermarry. The pretended
marriage in this case was, therefore, in
valid, and the parties guilty of fornication
and adultery.
| Let this be certified. &c.
REApE. J.
NoTE.--It is worthy Of remark, and the
fact indicates the moral Improvement OF
both races, that since emancipation mulatto
births have almost entirely ceased.