"OUR MARRIAGE AND DIVORCE LAWS." 667 



" The two sections of the code are entirely consistent. 



"The one prescribes, generally, a punishment for an offense com- 

 mitted between persons of different sexes ; the other prescribes a pun- 

 ishment for an offense which can only be committed where the two 

 sexes are of different races. There is in neither section any discrimi- 

 nation against either race. Section 4,184 equally includes the offense 

 when the persons of the two sexes are both white and when they are 

 both black. Section 4,189 applies the same punishment to both offend- 

 ers, the white and the black. 



" Indeed, the offense against which this latter section is aimed can 

 not be committed without involving the persons of both sexes in the 

 same punishment. 



" Whatever discrimination is made in the punishment prescribed 

 in the two sections is directed against the offense designated and not 

 against the person of any particular color or race. The punishment 

 of each offending person, whether white or black, is the same." 



The writer of the article referred to thinks it is a great hardship 

 that one eighth of the people of the United States are prohibited by 

 law from marrying with the other seven eighths. 



"We think he is mistaken about the fact of prohibition, and that 

 the legal prohibition is very far from universal in the several States. 

 W^e think, further, that the general sentiment of the negro race, where 

 they dwell in large bodies, is at present opposed to marriage between 

 the races. At all events, such marriages rarely take place where they 

 are legally permitted. Negroes certainly have a higher regard for 

 persons of full blood of both races, and seem in the main entirely un- 

 conscious of the injuries which the laws of some of the States are sup- 

 posed to inflict on them. If the laws are to be changed so they can 

 intermarry in order to elevate the races, why should not some senti- 

 mental white people be sent out to Dahomey in order to elevate Africa 

 by the same process ? 



Let us rest assured of one thing : If the colored race has any virtue 

 in it, it will assert itself. Sturdy integrity, sturdy intelligent indus- 

 try, and patience, will command respect and will be accorded consid- 

 eration everywhere. I know of no instance in history where a peoj)le 

 has attained eminence without exhibiting energy on its own part. All 

 great peoples have earned their positions. Recognition of the Af- 

 rican race, for all it is worth, will come (if it is not now here) in due 

 time. 



There is one other matter contained in the article under considera- 

 tion which ought also to be noticed. It is therein supposed that Con- 

 gress has power to pass a law declaring the " marriage contract " to 

 be of that kind " within the meaning of the Constitution, which de- 

 clares that no State shall pass any law impairing the obligation of con- 

 tracts." 



As legal minds are not yet readjusted to the " newer condition of 



