The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-06-27

laws Lueu IN existence allOWc0 CnurCneS, Tor In
stance, to determine for themselves who should Oc-
cupy their seats, and where they should Sit and per-
united railroad and steamboat companies, and
hotel Keepers to classify and assign places TO those
using their accommodations. according to social
status, and grade, as they might think proper; the
constitution puts it beyond the Legislature ever to
enact any law compelling them to make different
classlfcatiOns or group together In social inter-
course those who do not recognize each other as
AS the social relations OF citizens are not the pro-
per subjects Of legislation, the constitution has
wisely put the matter at rest by denying TO the
Legislature the power 70 repeal or enact laws on that
subject.
The Chief Justice delivered the opinion as fol.
lows
l. The record in this case presents asinge question
Tor the consideration and adjudication 81 tins court
Have white persons and persons Of color the right,
under the constitution and laws OF Georgia. to inter-
marry and live together IN this State as husband and
wiief The question Ii distinctly made. and 1t Is our
duty to meet it fairly anu dispose Of It.
the code OF Georgia, as adopted BY the new con-
stution section 7o1 forever prohibits the mar.
all such marriages null and void.
With the policy Of this law we have nothing to do
make law. For myself, however, do not hesitate
to say that 1t was dictated by wise craftsmanship,
anu mas Droao ana sold IOundatlon In enlightened
policy, sustained by sound reason and common
sense. The amalgamatiOn OF the races Is not only
unnatural, but is always productive OF deplorable
results. Our daily observation shows US that the
offspring Of these unnatural connections, gener-
ally scky and efreminate and that they are inferior
In physical development and strength to the full
blood Of either race. 1t is sometimes urged thai
such marriages should be encouraged for the pur-
pose OF eevang the inferior race. The reply ls that
such connections elevate the inferior race TO
the position OF the superior, but they bring down
the superior to that OF the INFERIOR They are pro-
pOnding good.
do not propose to enter into any elaborate dis
cusson OF the question OF policy at this time, but
only TO express my opinion, alter mature c0nsdera
zion and reflection.
The power OF the Legislature over the subject mat
ter when the Code was adopted will not suppose
be questioned. The Legislature certainly had as
mach right to regulate the marriage relation, by
prohibiting it between persons Of different races as
they ha0 to prohibit 1t between persons within the
Leyitical degrees or between idiots. Both are me-
cessary and proper regulations And the regulation
now under consideration is equally
2. But it has been urged by the learned counsel
for the plaintiff that The section Of tine Code
under consideration Is In conflict with the eleventh
sec ton OF the first article OF the constitution OF this
State, which declares that the social status OF the
citizen shall never be The subject OF legislation"
In far as the marriage relation is connected with
the social status the very reverse Is true. That
ton OF the constitution forever prohibits legislation
OF any character, regulating or interfering with the
socia status. leaves social rights and status where
it finds them. 1t prohibits the Legislature from re.
sons IN the free regulation among themselves so Of
matters properly termed social, and 1t also pro-
hbits the enactment OF any new laws on the subject
As illustrations: The laws In force when the
constitution was adopted left the churches in
social status in their congregations as they
thought proper. They could say who should
enter their church editices and occupy their
SEATS ana In what order they should be classified or
seated They could say that females should SIT in
one part OF the church and males In another, and
that persons Of color should If they attended.
cupy such seats were set apart for them In all
this they were protected by the common law Of this
state. The new constitution forever guarantees this
protection by denying to the Legislature the power
to pass any law Withdrawing 1t or regulating the
social status in such assembiages.
And l may here remark that precisely the same
protection Is guaranteed TO the cOlored churches
the regulation OF social status in their assemolages
tVD tnh afYn rdA 10 w npn Apnr
trude upon the other or Interfere with their social
arrangements without their consent.
The same is true OF railroad and steamboat
companies and hotel keepers. BY the law IN exist
ence OF the time the constitution adopted they
were obliged to furnish comfortable and convenient
accommodate all who applied, without regard to
race or color But they were not compelled to put
persons OF different races or OF different sexes III
the cars or IN the same apartments, to seat them
at the same table. This left to their own 1iscre-
ton. They had power to regulate 1t according to
their own notions OF propriety and to classify their
guests or passengers according to race or sex,
and to place them at hotels, an different
houses or different parts OF the same house, or on
railroads IN different cars, or on steamboats, in DIFF
ferent parts OF the vessel, and to give them
their meals at different tables. When they had made
pubic these regulations all persons patronizing
them were bound TO conform TO them. Ana those
who did not like their regulations must seek accom-.
modations elsewhere. There was no law to compel
them 10 group together In social connection persons
Who do not recognize each other as social equals.
To avoid collisions and strife, and to preserve
peace, harmony and good order in society," the new
constitution has wisely prohibited the Legislature
from enacting laws, compelling these companies 10
make rev social arrangements among their patrous or
to disturb those In existence The law shah stand
1t Is says the constitution leaving each TO regulate
such matters as they think best and there shall be
no legislative interference. All shall be comfortably
accommodated, but you shall not be compelled BY
law to tOrco social equality, either upon your trains,
your beats or In your hotels.
The same remarks apply TO the regulation OF social
status among families, and 10 the social intercourse
Of society generally.
Tnis, IA my opinion, IL one of the wisest provi-
sions In the CONSTITUTION, as II excludes from the
nails OF tie Legis AZURE question which likely
to produc, more Improbable agitation, wra1g1ng
and contention than any other subject within the
whole range OF their authority.
Government has full power TO regulate civil and
political rights, aud TO give to eacn citizen Of the
State, as our code has done, equal civil and equal
political rights as well IS equal protection OF the
laws. But government has no power to regulate
social status. Before the laws the Code Of
Georgia rs1 ss ~ al ei'1 aul geua, WILTON.
nor does any law OF the State attempt to
enforce moral or social equality between the DIFFER
ent races or citizens Of the State. Such equality
does not, In fact, exist and never can. The COD Of
Nature made v otherwise, and no human law eau
produce 1t and no human tribunal can enforce 1t.
There are gratatons and classes thrOugh tout the
universe. From the tallest archangel IN heaven
down TO the meinest reptile on earth moral and So
cal inequalities exist, and must continue to exist
through all eternity.
wIlle the grea mass OF the conquerinG people OF
the states which adhered TO the Union during the
late civil strife have claimed the right to die
tate the terms Of settlement, and have
maintained in power those who demand l taat
shall accord to he coored race equality OF civil
rIghts including the ballot, with the same protec-
ton unuer the laws winch are afforded the white
race they have neither required OF the practice Of
misc egenaton, moi have they claimed for the color
eli race social equality with the white The for
tunes OF war have compelled to yield to the freed
men the legal rights above mentoncd but we have
neither authorized egalized the marriage relation
between the races. nor have we enacted laws or
placed t in the powe OF the Legislature hereafter TO
make laws regulatInythe sociastatus so as to
pei our people meethe colored race on terms Of