Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-11-05

January, 1871, In the county of Knox
He was adiudged to suffer confinement IL
the penitentiGry for two years snd si1
months, and to reverse said Judgment be
has appealed in error.
It Is contended by the counsel for the
prisoner, in an argument OF much forcs
and ability, that this statute Of the State
for the regulation Of Its internal policy
upon the subject of marriage and the pro-
vision of our organic law upon which 1t Is
founded, are repugnant TO the constitu-
tion and laws Of the United States, and,
therefore, null and void.
DEPARTING FROM THE TEACHINGS OF THE
FATHERS.
In the evil days TO which we have
brought ourselves by our late unhappy
feuds, We are to apt 70 forget the moorings
| Of the law, where our fathers left Us.
While It Is our first duty to respect and
obey every valid law that emanates from
the law-mAking power of the federal gov
ernment, yet we are too prone to magnify
| the civic powers of q government which
has 80 lately crushed dozen great States
by an exhibition of military power that
might have dehed the world; and lawyer,
lRw-gtver, court and commonwealth, to
bow withcus question to the civic will Of
the victor. The Goths Of ancient Germany,
IL Is said, were accustomed TO debate
every important measure twice In their
councils; once, while drunk, that their
debates might not lsck vigor, and again
while sober, that they might not lack dis
cretion. Now that we have returned to
the blessed path OF soberness and peace,
where human rights and human wrongs
are to be vindicsted and redresssd by the
laws OF the land, and not by the logic of
the bullet and the bayonet, it is well to
look back upon those landmarks which
our fathers have set, and ascertain what
rights the States have not been bereft of
90 the result Of the late unhsppy civil war.
And prominent and paramount among
these is the provision that "the powers
not delegated 10 the United States by the
constitution, nor prohibited by 1t TO the !
States, are reserved to the States respec- |
lively and to the people. Art. 10, Cons. |
U. s.
The congress of the United States has
never, from the foundation of the govern
ment, interfered with the internal policy /
Of the States in regard to marriage or the |
other domestic relations, and we sppre-
bend it never will. Those things have
been left where the constitution left them,
and when Mr.. Madison left them, to the
States whiah control all matters "thst
concerp- -tfs lives, liberties and properties
of the S5eople and the internal order, i'm
prot sment and prosperity Of the State"
But It is said that old things have passed
swsy, and all things have become new,
and that the late amendments which give
freedom TO the slave, and confer upon him
the right of suffrage, and guarantee to him
the equal protection of - law, vouchsafe
to him also the right OF Intern srriage
with the white race. The fourteenth am
TO the constitution of the United
States, or so much of it as Is important to
be considered here, is in the words fol-
lowing:
"All persons born or raturslizsd in the
United States and subject to the jurisdic- ,
ion thereof are citizens of the United
states, and of the state wherein they re-
iide. No state shall make or enforce any
aw which shall abridge the privileges or
mmunities OF citizens of the United Z
States. Nor shall any state deprive any {
person of life, liberty or property without
he dde pr Ocsss of law, nor deny to any
,erson within its jurisdiction the equal :
protection of the laws" !
HE MORAL PHREEoLoGICAL ASPECT OF
THE QUESTION, =
A sound philanthropy, looking to the '
'esce of the social fabric snd the hsppi-
ess of both races, would regard any
fort to intsTmerge the individuality of /,
he races as q calamity full OF the ssddest
hat are to come after US. They are here :,
mong us. They were faithful as slaves, :;
hey are becoming useful and valuable -
; laborers. There is scarce q family in
be South that has not some memory,
-esh and grateful, of affection and fideli-
? in these people during the late sad
-Rr. These should commend them to
1e protection and charity of our people. m
he courts will protect them in the enjoy
lent of every civil right guaranteed to
le most favored citizen. for such we IN
Srstsnd to be the sense of the new
Their rights, social, civil r
oliticsl and religious, Will be jealously
1srded, but they must not marry nor be
ven in marriage with the sens and
aughters of our people. Such was the al
1licy Of our own legislstionC S to bond n'
I'd free fifty years ago, and was at the JS
me of the amendments in question. ~ 7
1eh also were the laws of the British nj
'lonies in this country and re-ensctsd
ter the separation by the thirteen States. to
/ Massachusetts, the colonial act Of 1907, 0i Si
ltitied, "An act for the better prevent ~
q a spurious and mixed issue" was re-
lsoted under the State government in ~
SO, forbidding the intermArriage of the -
sex and white race, and degrading the
1happy issue of such marriage with the
ain Of bsstsrdy. And long after the Vi
'olition of slavery In that State, in the
refully revised Gods Of 1885, this "msrk Ia,
degradation" says Taney, Q. J., Twas OF
ssin impressed upon the race" l9 How, th
s. And such, indeed, we believe was eli
Ie law of fevery State. The Congress has oii
% same right to regulate this relation in Ga G6l
Ie District of Columbia and In the terri 81,
ries thst the States have within their ab
vn Jurisdictions, and this power is at Lis
is moment being exercised in Utah in WI W.
% suppression of polygsmy. We are of ~
Union that the late amendments to the
institution of the United States, and the =.
VS. enacted for their enforosmens do not ~ ~,
terfere with the rights of the States as /
Iioyed since the foundation of the gov
nment, to interdiot improper marriages.;
I'd that the sct Of 1870 ch. 80, which for !
DIS the intermarrisge OF white persons %
lth negroes, mulsttOes, or persons of
ixsd blood, descended from q negro to
Q lG.ird generation inclusive, and their op
ring together as man and wife in this 81
ate, Is g valid and constitutional enact NJ
snt. Affirm the judgment. m,