Year: 1866

a perfect equality of the white and color
ed races is attempted to be fixed by
Federal law in every State of the Union
over the vast field of State Jurisdiction,
covered by these enumerated rights. In
no one of them can any State exercise
any power of discrimination between diff
ferent races.


In the exercise of State policy over
matters exclusively affecting the people of
each State it has frequently been thought
expedient to discriminate between the two
races By the statutes of some of the
States, North as we'll as South, it is en-
acted, for instance, that no white persons
shall intermarry with negro or mulatto.
Chancellor Kent says, speaking Of the
blacks, that marriages between them and
the whites are forbidden in some of the
States where slavery does not exist; and
they are prohibited in all the slavehold-
ing States by law, and when not absolute
ly contrary to law they are revolving and
regarded as au ofense against public de-
corum. do not Say that this bill re-
peals State laws on the subject of marriage
between the two races, for as the whites
are forbidden to intermarry with the
blacks, the blacks can only make such
contracts as the whites themselves are al
lowed to make and therefore cannot, un-
der this bill, enter into the marriage con-
tract with the whites,


cite this discrimination, however, as
an instance of the State policy as to dis
elimination, and to inquire whether if
Congress can abrogate all State laws of
discrimination between the two races in
the matter of real estate, of suits and of
contracts generally, Congress may also re.
peal the State laws as t0 the contract of
marriage between the races? Hitherto ev-
cry subject embraced in the enumeration
of rights contained in the bill has been
considered as exclusively belonging to the
States. They all relate to the internal
policy and economy of the respective
States They are matters which in each
State concern the domestic condition of
It's people, urging in each according to its
own peculiar circumstances and the safety
and we'll being of its own citizens. | do
not mean to say that upon these subjects
there are not Federal restraints, as for in
stance in the State power Of legislation
over contracts there is Federal limitation
that no state shall pass a law impairing
the obligations of contracts, and as to
crimes that no State shall pass an ear posi-
tacto law; and as to money that no State
shall make anything but gold and silver
legal tender; but where can we find a
Federal prohibition against the power oi
any State to discriminate, as do most Of
them between aliens and citizens, between
artificial persons called corporations and
naturalized persons in the right to hold
real estate. fit be granted that Congress
can repeal all State laws discriminating
between whites and blacks in the subjects
covered by this bill, why, it may be ask.
ed, why may not Congress repeal in the
same way all State laws discriminating
between the two races on the subject Of
suffrage and office. If Congress can de-
clare by law who shall hold lands, who
shall testify, who shall have capacity to
make contract in State, then Congress
can also by law declare who, without re-
gard to race or color, shall have the right
to sit as a juror or judge, to hold any
Office and finally to vote in every State
and Territory of the United States.


As respects the Territories, they come
within the power of Congress, for as tC
them the law making power is the Federal
power; but as to the States no similar
provision exists vesting in Congress tht
power to make rules and regulations fol
them.


The object of the second section of the
bill is to afford discriminating protection
to colCred persons in the full enjoyment
| of all the rights secured to them by thu
preceding section. 1t declares that any
person, who, under color of any law, stat
ute, ordinance, regulation or custom, shall
subject or cause to be subjected any in
habitant cf any State or Territory to thu
deprivation of any right secured or pro
tected by this act, or to different punish


ment, pains and penalties, on account 0
such person having at any time been held
in condition of slavery or involuntarily
servitude, except as punishment of crimes


whereof the party shall have been duiy
convicted, or by reason of his color o


race, than is prescribed for the punish


ment of white persons shall be deemed
guilty Of misdemeanor, and on convict
ion shall be punished by fine not ex
cceding $1,000. or Imprisonment not ex
ccediug one year, or both in the discretion
of the Court. i,t.r......., a. .-
This section seems to be designed to ap
ply to some existing or future law of
State or Territory. which may condic
with the provisions of the bill now unde
consideration 1t provides for counter
acting such forbidden legislation by I'm
posing fine and imprisonment upon tn
1 ~ n Ak.x