A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
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A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
I do not say that this bill repeals 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 allowed to make, and therefore can not under
this bill enter into the marriage contract with the whites. I cite this
discrimination, however, as an instance of the State policy as to
discrimination, 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 not also
repeal the State laws as to the contract of marriage between the two
races. Hitherto every subject embraced in the enumeration of rights
contained in this bill has been considered as exclusively belonging to
the States. They all relate to the internal police and economy of the
respective States. They are matters which in each State concern the
domestic condition of its people, varying in each according to its own
peculiar circumstances and the safety and well-being of its own
citizens. I do not mean to say that upon all these subjects there are
not Federal restraints--as, for instance, in the State power of
legislation over contracts there is a Federal limitation that no State
shall pass a law impairing the obligations of contracts; and, as to
crimes, that no State shall pass an _ex post facto_ law; and, as to
money, that no State shall make anything but gold and silver a legal
tender; but where can we find a Federal prohibition against the power
of any State to discriminate, as do most of them, between aliens and
citizens, between artificial persons, called corporations, and natural
persons, in the right to hold real estate? If it 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 asked, may
not Congress repeal in the same way all State laws discriminating
between the two races on the subjects of suffrage and office? If
Congress can declare by law who shall hold lands, who shall testify, who
shall have capacity to make a contract in a State, then Congress can by
law also declare who, without regard to color or race, shall have the
right to sit as a juror or as a 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 to them
the lawmaking power is the Federal power; but as to the States no
similar provision exists vesting in Congress the power "to make rules
and regulations" for them.
The object of the second section of the bill is to afford discriminating
protection to colored persons in the full enjoyment of all the rights
secured to them by the preceding section. It declares--
Public-domain text, read in full here on John Shaqi.
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