The Evansville journal., 1870-07-12

The Miscegenation Case.
THE PROSECUTIONS DISCHARGED.
The Black Law Decided 90 be Avoided
by the Civil Ri ghtS Act,

w aik6Is g6StS1VdSs
Iu the case of Mr.. Mcfarland, no
one appeared for the prosecution.
Major n. A. Mattison appeared for
the defense. and admitting the mar
rispe the fact that Van der Mede
was a white man, and Boleu a negro
woman, he pleaded that the civil
rights act Of Congress had nulliied
the State law prohibiting such mar
riages. That marriage being declared
a civil contract, and the civil rights
law giving to colored people, among
other rights. that to make and enforce
contracts, all Slate laws conflicting
with it were rendered void.
The Court taking the same view of
the matter, the prosecution was dis
missed.
The examination of Van der Mede
aud wife took place in the afternoon,
before the same Justice, Col Chas.
DENLY appearing for the prosecution,
he simply referring to the State law
relating TO the case, the facts being
admitted by the defence, and asked
that they should be held
Major Mattisou again pleaded the
civil rights law with the same argu-
ment as in the previous case.
Colonel DENLY contended that as
police regulation, the State had right
TO pass laws preventing the intermar-
riage of blacks and whites. as it had
to pass laws preventing the intermar-
riage Of blood relatives. That the
argument Of the defence being that
this was a civil contract, was not
good, as it proposed to give not equal
rights to a negro, but a right to
white man to marry negro woman,
when the right Of a negro man to
marry white woman was denied.
This was the prosecution of a white
man and not a negro; hence the civil
rights act had no application. He
spoke of the difference between mar
riage and other contracts, and the
conditions with which it was sur
rounded, the fact that it could not be
dissolved at the pleasure of the par
ties, and that the State had the same
right to make laws regulating the re-
lation so as to prevent such intermar-
riages as it had to prevent consan-
guineous marriages.
Major Mattison replied that all the
regulations referred applied as we'll to
black as to white. He did not ask
that a negro should be exempt from
any pro regulation, but that any
man or auy woman should have the
right to marry when he pleased, whom
he pleased, and where he pleased,
without regard to color. He did not
endorse the taste of the man who
chose to marry colored woman. He
did not think that entered into the
merits of the 'case; it was simply
question of law, and a mans rights
under the law. The distinction that
Col. DENLY had attempted to make,
that this was prosecution of a white
man was mere sophistry. He asked
no right for one man that was not ex-
tended TO another. He did not claim
that colored man could marry his
own sister any more than a white
man could, as the Colonel would i'm.
ply, but that marriage being civil
contract, and negro being empowered
to make contracts, could make a
marriage contract, subject to the same
conditions a white person could.
The Justice decided that under the
civil rights act, disabilities under the
State law we're removed, and he there
upon discharged the accused
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We know of no remedy which has
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the immediate neighborhood where
it was first prepared and sold, as DIR.
Clouds Cordial and Blood Purifier
We are gratified to observe that the
sale of the medicine has increased SO
rapidly that DR.. Cloud has felt justi
fed in having new bottles manufac
tured, from an original design by him
self, in which the medicine will here
after be put up. The Ingredients oi
the medicine are set forth on every
bottle-"Wild Cherry, Wild Potato,
Blood Root. Mandrake, Golden Seal,
/ Pyrophos. Iron, Simple Syrup, Pure
Cologne spts., Aromatios, a. a. Q. s., y
so that everybody may know ex
actly what they are taking.
For diseases occasfoned by impure
blood or deranged nerves the Invig-
Grating Cordial has no superior, as
the many thousands who have tested
its merits cheerfully testify. Accom-
panying each bottle is little pam
phlet entitled Life and Health,
which contains a great many valuable
hints and suggestions relating to Civ
ing medicine, as we'll as a great many
valuable recipes. We advise every
one, as the pamphlet directs, to read
it and pass it to his neighbor. See
ADVERTISEMENTS in this mornings Jour
NAL.
THEOTHER HOTEL THIEF ARREST
ED.-Marshal Wunderlich arrested
Charles Lancaster yesterday morni 6
at the Phoenix Saloon. He was moi
only fully identified, but made such