The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-07-08
0oGrekIp Clarion.
ial Status of the Blacks.
Il it, Decision IN tie Supreme Court Of
Iolyia ProHo'eleing Null and VOID
Marriages bet1oeen Whites and
Biacks.


and persons of color, the Supreme
Yesterday rendered the following
On.
ef Justice Brown stated that in the
n Charlotte Scott, plaintiff in error
q State Of Georgia, defendant in
Indictment for adultery and forni-
from Dougherty county, the fol-
IL were the points decided by the
psT.-The code Of Georgia, adopted
H. new constitution, forever prohibits
marriage relation between white per
and persons of African descent, and
& kres such marriages null and void.
kcoND This section of the code is
4NK repealed by nor l. il inconsistent with
NiHM part Of the constitution which de
80 that: "The social status Of the cit
M Shall never be the subject of legisla-
- That clause Of the constitution
sssl utely denies to the Legislature the
.nNer to pass laws in future regulating
ib4 eocial status, or compelling the two
4Ha.e to unite in social intercourse. As
IHa laws then in existence allowed
Hnfches, for instance, to determine for
IHsnselves who should occupy their seats,
1nH where they should sit, and permitted
sA-|fDad and steamboat companies, and
NntA Keepers to classify and assign places
NM nos using their accommodations, ac-
ling to social status, and grade, as
f|.S4 might think proper; the constitution
!. r..|s ii beyond the Legislature ever to
ennet any law compelling them to make
4iflNarent clasSiticatiOns or group together
1A aAscial intercourse those who do not re-
aNMaize each other as social equals.
il the social relations Of citizens are
hot he proper subjects of legislation, the
o4tIitution has wisely put the matter at
nhsh BY denying to the Legislature the
hoH|er to repeal or enact laws on that sub
DC Chief Justice delivered the opin-
Ian as follows
The record in this case presents a
nc question for the consideration and
N4ihdication of this court Have white
N#Eons and persons Of color the right,
Nnder the constitution and laws of Geor-
HiH. to intermarry and live together in
this State as husband and wife? The
f0estion is distinctly made, and it is our
uaIy to meet it fairly and dispose of it.
lie code of Georgia, as adopted by
NM# new constitution, section | ,707, for
N#er prohibits the marriage relation be-
fMeen the two races, and declares all such
nfarriages null and void
Kith the policy of this law we have
mHIhing to do 1t is our duty to declare
wifi the law j., not to make law. For
MM#elf, however, l do not hesitate to say,
tMHt it was dictated by wise statesman
HAlp, and has broad and solid founda-
Iioh in enlightened policy, sustained by
10And reason and common sense. The
MhAalgamation of the races is not only I'M
Mntural, but is always productive of de-
nlorable results Our daily observation
low us that the offspring of these I'M
natural connections, are generally siekly
md effeminate; and that they are inferior
inphysical development and strength to
the full blood of either race. 1t is-some-
lines urged that such marriages should
he encouraged for the purpose of eleva-
ing the inferior race. The reply is, that
E1eh connections never elevate the inferior
race to the position of the superior, but
they bring down the superior to that of
the inferior. They are productive of evil
and evil only, without any corresponding
rood do not propose to enter into any
Elaborate discussion of the question of
policy ut this time, but only to express
my opinion, after mature consideration
md reflection.
The power of the Legislature over the
inject matter when the Code was adopt
ed will not | suppose, bequestioned. The
legislature certainly had as much right
to regulate the marriage relation, by pro
H4hltIpo n nQr-OpS IF different
FMees, us they had to prohibit it between
uersons within the LevitiAal degrees or
between idiots. Both are necessary and
proper regulations. And the regulation
now under consideration is equally so.
2. But it has been urged by the learn
eA counsel for the plaintiff in error that
ile section of the Code under considera-
HiNn Is in conflict with the 18th section of
he first article of the constitution of this
S'hte, which declares that 1.-THE social
.Iatus of the citizen shall never be the
AHbject of legislation.
In so far as the marriage relation is con-
MHeted with the social status the very re-
NNrse is true. That section of the consti-
lion forever prohibits legislation of any
N4aracter, regulating or interfering with
Tie social status. 1t leaves social rights
nd status where it finds them. 1t pro-
hlbits the Legislature from repeating any
AMEs in existence which protect persons in
The free regulation among themselves of
ALTERS properly termed social, and it also
rNohibits the enactment of any new laws
Nt the subject in future.
As illustrations: The laws in force
hen the constitution was adopted left the
uhurches in this State free to regulate
matters connected with social status in
heir congregations as they thought prop
n They could say who should enter
heir church edifces and occupy their
beats, and in which 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 attend
led, occupy such seats as were set apart
flor them. In all this they were protected
Sbv the common law of this State. The
new constitution forever guarantees this
protection by denying to the Legislature
power to pass any law Withdrawing it or
Regulating the social status in such as
semblages.
And l may here remark, that precisely
the same protection Is guaranteed to the
|colored churches, in the regulation of So
cial status in their assemblages, which is
|afforded the whites Neither can ever in
trude upon the other or interfere with
their social arrangements without their
consent.
The same is true of railroad and steam
boat companies and hotel keepers. BY
the law in existence at the time the con-
stitution was adopted they were obliged to
furnish comfortable and convenient &C
commodations, to the extent of their ca
pacity, to accommodate all who applied,
without regard 70 race. oY- color But thew