| Show black blad vs white OF MB MR CLUN ir mr clunie after arguing some minor law questions in the case said that the person claiming to be kate hate P milliken was a mulatto and under the sixtieth section of the civil code which reads as follows all marriages between betwee fi white persons with negi roes toes or mulattoes s are am illegal and void 22 capable of effiec effecting ting a marriage with decia deceased seid scid he being a white man jt is asserted by counsel on the other side aide that the state law jaw was in conflict with the recent amendments to the constitution and to the so called enforcement act and the civil rights bights bill mr clunie contended not and asserted that marriage is in so DO sense a privilege which theman has as a citizen of the united states the united states never had attempted to regulate marriage in a state and they have hareno no richt right to do it 11 the testimony moy shows chows a marriage prohibited bylaw the states individually and not the united states for them have the right to regu re gulatt latiL latie the th marriage relation would it abridge the privileges of or a citizen of the united states to prevent him from marrying his cousin counsel thought not nol if he has that right as a citizen of the united away would be an abridgment of the night right conceding marria marriage e to be br a contract it does not impair the obligation in this case but it prohibits the mak ing of it in the first place in north carolina and tennessee where they have passed upon the state law regulating marriages they hold that the law does not conflict with the recent amendments to the tho constitution odthe of the united states or the enforcement act or the civil rights eights bill marriage is a relation that has always been regulated by the states and anil when the law says that negroes or mulattoes and whites cann cannot otmar mar hylt ry it operates upon the whites white sas as well as the blacks as the policy of the law is against the admixture of incongruous breeds in this case to sustain this marriage would be a great calamity to the people of this country to declare it void would not be a discrimination cri eri between the races nor repugnant to the laws of the united states or subversive of civil rights but in consonance with both neither the amendments nor civil rights bill werm were in tended intended to enforce social equality but only civil and political rights this is plain from their very terms the th B policy of the law is against the amalgamation of the two races and we all know now that it never was the intention int en even if the united states had a right to regulate the marriage relation to permit such marriage 4 but to tc make the negro equal before the law all the states have laws against such marriages and the Court courts have shave always sustained the law both before and after the amendments it athas has been shown the court that the mother of the woman claiming to be kate milliken was a black woman possessing all the features of the negro and this weman woman is her child by a white man coming under the term mulatto counsel on the other side contend she is not a mulatto for the reason that according to their testimony the mother of kata kate bad only 1516 15 16 negro blood admitting this to be a fact for the purpose of this argument the court will see that this woman who claims to be the decease deceased ds wife has 1532 15 32 negro blood the case of the state vs davia ad bailey page decided that unless there was so little trace of negro blood that you could not discern it it was negros or mulat tob toa obrown our own state has decided that the words must be used in their generic sense adopting that rule would the court say that a person having 1516 15 16 of negro blood in his hib veins was not a negro how could you classify him with respect to race common sense indicates that you would say he was a negro now admitting this woman to have but 1532 15 32 negro blood is she not a mulatto if not she must resemble the animal that barnum had bad which was not a human being nor a brute to which he gave the name mame of what is it now if kate is not a mulatto what hat bat Is she if the court held that to be a negro the person must be a full blood african and to be a mulatto he must have just one half negro blood while under our law the full fuli blood and bair half blood negro could not liot white person a person having three fourths or seven eighths negro blood could intermarry with the white race this seems to matoo me too absurd for argument but your honor has the decision of our own court to govern you in the use of the terms negro and mulatto 2 and you are bound to use them in their generic sense and if kate pearson is nearer a mulatto than anything else you must classify her as a mulatto or else the object of our law would be frustrated to maintain this marriage would be a calamity to our social system and an injury to the races which would in time tim 0 cause the whites and blacks to become extinct S F Chr chronicle onide nearly all of the richmond artists have baye received orden order from philadelphia to paint portraits of one or more of the virginia signers of the declaration of independence and arenow aronow aro are now engaged in searching old libraries and ancient homesteads throughout the commonwealth for authentic portraits of their sub eject it is intended to have the port portraits a ts of all the signers at the centennial the artists are cautioned not only to have faithful likenesses but to have their subjects dressed in costume appropriate to the times in which mey they lived jived richmond rich Bich mond whiff whig |
