ttention of Senators; for I think if we can pass those two sections,
and make them a law, then indeed this Government can do any thing. It
will be useless to speak any longer of limitations upon the powers of
the General Government; it will be idle to speak of the reserved power
of the States; State rights and State power will have passed away if
we can do what is proposed in the seventh and eighth sections of this
bill. We propose, first, to legislate against the effects of 'local
law, ordinance, police, or other regulation;' then against 'custom,'
and lastly, against 'prejudice,' and to provide that 'if any of the
civil rights or immunities belonging to white persons' are denied to
any person because of color, then that person shall be taken under the
military protection of the Government. I do not know whether that will
be understood to extend to Indiana or not. That will be a very nice
point for the bureau to decide, I presume, after the enactment of the
law. The section limits its operation to 'any State or district in
which the ordinary course of judicial proceedings has been interrupted
by the rebellion.' It will be a little difficult to say whether in the
State of Indiana and Ohio the ordinary course of judicial proceeding
has or has not been interrupted. We had some war in Indiana; we had a
very great raid through that State and some fighting; and I presume
that in some cases the proceedings of the courts were interrupted and
the courts were unable to go on with their business, so that it might
be said that even in some of the Northern States this provision of the
bill would be applicable. Suppose that it were applicable to the State
of Indiana, then every man in that State, who attempted to execute the
constitution and laws of the State, would be liable for a violation of
the law. We do not allow to colored people there many civil rights and
immunities which are enjoyed by the white people. It became the policy
of the State in 1852 to prohibit the immigration of colored people
into that State. I am not going to discuss the question whether that
was a wise policy or not. At the time it received the approval of my
judgment. Under that constitutional provision, and the laws enacted in
pursuance of it, a colored man coming into the State since 1852 can
not acquire a title to real estate, can not make certain contracts,
and no negro man is allowed to intermarry with a white woman. These
are civil rights that are deni