Year: 1871

tai law. no State has aguitted itself Of its duty
without it. We hold that such legislation ls not
the States in reference to the inter marriage of the
races, 1t has been repeatedly held by the Supreme
Court Of the United States that the States may
determine the status of within Its jurisdiction
Groves Slaughter Is Pet. 419 Moore VS. Illinois.
4 How 13, IL Pet l3l; Story Cons f109S. 1So4. 1902
The right to regulate the institution of marrisge-o
classify the parties and persons who may lawfully mar
ryto dissolve the relation by divorce and TO impose
all governments, and in all ages Of the world Ihe
discrimination as to race and people, II TINS most IN
portant institution has been observed even from the
days OF the patrarchs and even as to peoples
Of the same race. Thou shalt not" said Abraham.
naanites among whom dwell but thou shalt go unto
MY country and to kindred, and take wife unto my
that the races be kept apart in this country The
gress of either does not depend upon an admxture
blood. sound philanthropy, looking to the peace OF
the social fabric and the happiness OF both races would
regard any effort to nermerge the individuality OF the
a calamity full of the ssddest and gioomiest
They are hers among U.S. They were faithful slaves.
They are becoming useful and valuable as laoorers.
memory fresh and grateful of affection and fidelity in
these people during the late sad war. These should
commend them to the protection and charity OF our
people, The courts will protect them la the enjoyment
of every civil right guaranteed to the most favored cit
izen for such understand to be the sense Of the new
religious will be ealousy guarded; but they must not
marry nor be given in marriage with the sons and





own legislation as to bond and free fifty ago. and
was at the time OF the amendments in question. Such
also we're the laws of the British colonies in this coun
try and reenacted after the separation by the thirteen
States In Massachusetts the colonial act OF 1907 ent
tied An Act for the better preventing spurious ana
mixed issue, enacted under the State govern
ment in 1885, orbdding the intermarrage of the black
and white race and degrading the unhappy issue Of
such marriage with the stain OF bastsrdy. And long
after the abolition of slavery in that State in the care
fully revised Code of 1885, this mark of degradation,
says Taney C. j., was again i'm pressed upon the race
10 How 4l3 And such, indeed, we believe was the
law of every State The Congress has the same right
to regulate this relation in the District OF and
in the territories that the States have within their own
jurisdictions and this power is at this moment being
ercised in Utah in the suppression OF poygamy we
are of opinion that the late amendments to the Cons
tuition Of the United States and the laws enacted for
their enforcement do not interfere with the rights OF
the States as enjoyed the foundation OF the Gov-
ernment to nterdict improper marriages and that the
act of 1870 ch 49, which forbds the intermarriage OF
white persons with negroes mulattoes or persons OF
mixed blood descended from negro to the third gen
Grafton inclusive and their living together as man and
wife in this State is valid and constitutional enast-
--'- SNEED. Judge