The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-20
INSTRUMENTATION CRIMINAL In VIR-
GINA,

It appears that while Virginia was In the
hands Of the Radical party che did not do
what was very effectually done by the same
party In this State to wit: abolish the State
statutes prohibiting the intermarriages Of
persons of different colors. Her old law pun
ishing such marriages with severe penalties
has continued In full operation, reinforced by
her Legislature Of 1873, which declared that
II any person. resident In this State and with
In the degrees Of relationship mentioned in the
ninth and tenth sections of chapter 1o4 OF the
Code. or any white person or negro shall go
out OF the State for the purpose Of being married
married out of it, ard afterward return to and
reside In II. cohabting, as man and vile, they
shall be as guilty and he punlshed as IL Inc
marriage had been In this state
Hence the noted case recently determined
by Judge Hughes, Of the United States Cir
cult Court, affirming the constitutionality OF
this statute and OF the enforcement of the
penalties thereof against colored man who
had gone into the District OF Columbia and
celebrated a marriage with white woman
with whom he had long lived before in state
of concubinage The colored man was sent
to the penitentiary for this violation of Vir-
gnla's law, and an effort to obtain his release
from Judge Hughes, an appointee Of Gen,
Grant, was made, on the ground that the
amendments to the constitution obliterated
all such distinctions of color, as well in re-
gard to civil as to political rights.
Judge Hughes handles this question even
logically and clearly: that equal political
rights or rights Of citizenship do not include
or refer to civil rights Of marriage, and that
the constitutional amendments do not inter-
fere with the powers of the State to regulate
all questions OF marriage and to prescribe the
terms and conditions of such contract. He.
therefore, supports the act Of Virginia, and
regards the marriage Of the party, though
celebrated in the District of Columbia, where
such marriages are not prohibited, as a clear
violation Of thepenal law Of Virginia, OF which
both parties were citizens.
It would appear that miscegenation and
the obliteration Of all color lines In reference
to civil and social relations has not obtained
much foothold In the Old Dominion. In Lou
isiana, however, the dominant party which 50
long held the government and legislation of
the State was more far-seeing and progress
i've and In 1869 took care to get rid of all
restrictions In the inter-marriage Of different
races and colors by adopting the following
provision of our revised code:
The said right of making private or religious
m ,rrias es legal valid and binding. rs atore-
said shall apply to marriages OF all persons, Of
whatever race or color. as we'll as to marriages
formerly prohibited by article 95 Of the Civil
Code OF Louisiana or by any other article OF
said Code. or by any law Of the State.
The old article of the Civil Code provided
as follows:
Free persons and slaves are incapable Of con
tracing marriages together. The contraction
of such marriages is forbidden and the mar.
rage is void There is the same incapacity aud
the same nulity with respect to marriages con-
tracted by free white persons with free people
of color.
Under this provision Of our Civil Code par
ties applying for marriage license had to file
bond and make affidavit that they were not
within the prohibited degree or relations. and
were capable under the law Of entering into q
valid marriage The penalty was shifted on
the parties celebrating an illegal and prohib
tied marriage instead OF the parties to the
marriage, as under the Virginia law.
No such case as that which has arisen In
Virginia could arise here under existing laws.
There Is no legal obstacle to the marriage in
this State of free white persons with free
people of color. And this was brought about
by our own statutes, and not by any such in
tention and application Of the constitutional
amendments as were contended for In the
Virginia case.
The decision will prove an interesting one
to the members Of the Convention and the
bar, as it is full and forcible upon the applica-
ton Of the constitutional amendments as af-
fecting State statutes. =.5z..M