Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1879-12-11

them.
The House proceeded to the consideration
of s bill (from the Senate) to prevent and pun
ISL the intermarriage of races The bill was
read the second time.
Mr.. Gaillard moved that the enacting
words Of the bill be sticken out, which motion
elected lengthy debate. ~
Mr.. Dargan said that go far as the constitu.
tionality Of the question had been discussed,
the difficulties under the Federal constitution
alone had been presented /; Lut that as. grave
q difficulty existed in our constitution, Article
/, Section 49,. am opposed to the passage
of this bill because regard it impolitic, un-
necessary, unwise and unconstitutional both
under the Federal and State constitutions.
Mr.. Cook favored the bill; he could see no
force whatever in the argument of the MEM
ber from Sumter and other gentlemen who
opposed the bill that it was unconstitutional.
It made no distinction between white and
colored, and these gentlemen themselves ac-
knowledged that the bill was in its intent and
purpose, both just and moral.
Mr.. Massey-This is Senate bill, passed
by that body at the last session, and contin-
ued by this House on account of q cpnstitu-
tional objection urged by the gentleman from
Sumter. Since that time, we have had de,
cision from Judge Hughes, of the United
States Circuit Court of Richmond, Virginia,
sustaining the constitutionality Of similar
act passed by the Virginia Legislature, which
decision, suppose, has been read BY the
members of this House, aud hope that it
will satisfy them on this point. There are q
number of States, North and South, that have
laws to prevent the intermarriage of races,
and none of them have been declared uncon-.
stitutional Virgins and North Carolina
have such laws; hence the great necessity of
such law in South Carolina; especially for
that portion of the State which borders on
North Carolina, in order to prevent this low,j
worthless class of people from coming into
our State and marrying. l don't know how
it is in other counties, and will not under
take to say how many such are in York coun-
ty; but do know that in Fort Mill towgr
ship, wherein I reside, there are at least
twenty FIVE or thirty white women living with
colored men as husbands, and every one; Of
them have come from North Carolina, and
the colored man is the sufferer in every in
stance. sJf ~.
About two months ago. negro man ab.
Quoted white girl, only 10 years ole, from
her parents in Mecklenburg county, NJ @.
brought her over into South Carolina and
married her. Her parents. fuding out where
they were in this State, sent an officer and
had them arrested and the man put in the
Charlotte Jail. 4. N. ,2.s.. & iss
Now, Mr. Speaker, if North Carolina has
right to do such things, surely South Caro-
lima has right to enact such laws as will
protect her own society; and the good people
of my section of the State, both white and
black, demand this protection. hope the
bill will pass.
Mr.. Johnstone opposed the passage Of the
bill. If, be said, there ever was time when,
we should be careful in our action, it was now.
We have but lately passed from oppression
and demoralized condition Of public senti--
ment, from q condition Of which We sill
shudder to think. We should now carefully
consider where we are and whittier we are
drifting. A late case carried to the Supreme
Court Of the United States for investigation.
shows that a constitutional principle is in
volved. The parties who carried it there were
not Virginians or parties interested In the
question, but Northern firm Of attorneys.
This shows the condition of public sentiment
at the North in relation to it. The uses to
which the passage of an act,of this sort might
be put in the next election, are patent to all
and of sufficient magnitude to warn us to
pause and consider. The fact that the ques-
tion is now undergoing judicial investigation
proves that the act may be useless, and it is
scarcely wise to legislate in the face Of liti-
CATION. i.s,..;
Mr.. Murray-It is. expected that this bill
should pass; it is right in itself, and the OUT
side world would respect us for doing what was y,
right -
Mr.. j. J. Hemphill-I oppose the passage
of the bill at this time on the ground that its
constitutionality has been seriously questioned
by lawyers of eminence, and q law Of similar
import as this enacted in the State of Viz
gina is now undergoing examination in the
Supreme Court of the United States. The
question of its constitutionality has been there
made, and the decision may be looked out
for soon. think it, therefore, unwise to pass
an act which it is gravely questioned whether
we have the authority to do, and especially
when we have notice that the question here
made was undergoing judicial investigation.
In addition to the above objections, the Wis
dom of the measure at present, in political
point of view, may we'll be questioned, but,
whether wise or not, it is clearly inexpedient
to pass law which might be injurious in its
effects. politically, and have it oyerulled BY
court, and thus run the risk of all its disad.
vantages and possibly reap no benefits: !
think delay will not injure us, as my faith in
the white race forbids me believing that they
will ever intermarry to any appreciative ex-
tent with the blacks.
The House refused to strike out the enact
ing clause by vote % to 81.
A bill to provide artificial legs for citizens
of the State who lost their legs during militia
~ service in the years 1861, 1852, 1863, 1854
and 1865, was ordered to be laid on the table.
THURSDAY, DecembeY4
INTHE SENATE, Mr.. Duncan presented "a bill
Mr.. Bradley presented concurrent resolution
to extend the time for the payment of taxes and
to refund penalty for fifteen days fycm passage
of the resolution. Adopted. Il
The bill to authorize the Supreme Court to ad-
NIT John =. Wilson to practice law without the
requisite two years previous study, passed TO its
I'll The joint Resolution to pay the claims of GER
tain county auditors, passed to third reading.
In THE House. Mr.. Gonzales introduced 8 bill
to recall all convicts now hired out and to estab-
lish system Of internal improvements and to
determine the manner Of the same.
The committee on railroads made favorable
report on bill to require railroads to furnish con-
signees an itemized statement of freight charges,
and requiring them to settle according to the bill
Of lading.
The committee on the penitentiary made IA
vorable report on concurrent resolution (from the
yicts, which was considered immediately and
nnnnimorsIv agreed to. rf