234 THE POPULAR SCIENCE MONTHLY. 



since the foundation of the government, to the national protection of 

 and non-interference with a local institution which no longer exists. 

 The reasons upon which those principles were based and the status in 

 whose interest the decisions were formulated into law having passed 

 away, it is time that the judicial mind should readjust itself to the de- 

 mands of a newer condition of life and a higher civilization. But the 

 conservative judicial mind is the last phase of energy in which the 

 theory of evolution evolves, and " general principles of law " handed 

 down by judicial prejudice from generation to generation are the 

 last to give way in matters of progress and reform, not only when 

 the reasons on which they were based no longer exist, but when other 

 and better reasons demand a change. 



There is another phase of this question which assumes a peculiar 

 interest at the present time. It is that the marriageable portion of 

 seven eighths of the citizens of the United States is interdicted from 

 intermarrying with any one of the marriageable portion of the other 

 one eighth of the citizens. Not that any one of the marriageable por- 

 tion of the seven eighths, or of the one eighth, competent to contract 

 marriage, is prohibited from marrying ; but if love, admiration, pe- 

 cuniary interest, or convenience, should move one of the marriageable 

 portion of the seven eighths to desire in marriage one of the marriage- 

 able portion of the one eighth who reciprocates the love, admiration, 

 pecuniary interest, or convenience of the other, the law interferes and 

 makes such marriage a criminal offense ! Why ? Because of a preju- 

 dice held by the seven eighths against the one eighth held for the 

 reason that all of the one eighth are related in a near or remote degree 

 to a race that was for centuries held as slaves to the other. It is a 

 prejudice, not so much against " color " as against " previous con- 

 dition" color being a legal designation to identify the individual 

 with the proscribed race. 



Marriage is a natural right into which the question of color does 

 not enter except as an individual preference expressed by the parties 

 to the marriage. It is so recognized by the laws of all nations except 

 our own, though in a few States this natural right is now acknowledged 

 by statute law. In Ohio the statute declares that " a person of pure 

 white blood, who intermarries with any negro, or person having a dis- 

 tinct and visible admixture of African blood, and any negro or person 

 having a distinct and visible admixture of African blood, who inter- 

 marries with any person of pure white blood, shall be fined not more 

 than one hundred dollars, or imprisoned not more than three months, 

 or both." And the judge who knowingly issues the license and the 

 person who knowingly solemnizes the marriage are subject to the 

 same penalties. It is possible, however, on the common-law principle, 

 that a marriage of this kind, followed by the parties living together as 

 man and wife, would be held valid, though they would be subject to 

 the penalties of the law. But in a number of other States mostly 



