The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-03-28
WASHINGTON, March q, 1865.

regret that the bill when has passed both Houses
Of Congress entitled An act TO protect all persons
in the United States in their civil rights, ana turnsh
the Of their yir dcation" contains provisions
which cannot approve consistently with my sense
OF dnty TO the whole people and my obligations 70
the Constitution Of the United states.
1 am, therefore, constrained to return II to the
Senate, the House in which it originated, with my
objections 10 its becoming law. By the first sec
ton OF the bill oil persons born in the United States
and not subject to foreign power, excluding ln'
dams not taxed, declared to be citizens OF the
United States. Ghls provision cOmprehends tne
Chinese of the Pacific States Indians subject TO tax
Rtion the people called GipIes as well as the en-
tire designated as blacks, people OF color, ne
groes, mulattoes, and persons OF African blood;
Every Indvldual OF these races born IN the Unlted
states Is by the bill made q citizen OF the UnlIed
States; 1t does not purpose to declare or confer
any other right OF citizenship than Federal cit-
classes of persons any status as citizens OF States
except that winch may result nom their status as
the nght of State citizenship is just exclusively
with the several States as the power to confer the
right of Federal citizenship with Congress. The
right of Federal citizenship thus to be conferred
n the several excepted races before mentioned
law. If, as is claimed by many, all persons who
are native born already are by virtue of the Con-
sttution citizens of the United States, the passage
OF the lending bill cannot be necessary to make
them SUCH If, on the other hand, such persons are
legislation to make them SUCH the grave question
presents itself whether when eleven of the thirty
six states are unrepresen;ed in Congress at this
time II is sound pohcy 10 make our eutlre coIoIed
population, and all other excepted classes, citizens
OF the United States FouT millions OF them have
just emerged from slavery Into freedom. Can 1t be
reasonably supposed that they possess the requisite
qualifications 10 entite them to all the privileges
and lmmunlties OF citizens of the United Stat9sG
Have the people of the several States expressed such
conviction! IL may so Ue asked whether 1t is
necessary that they should be declared citizens IN
order that they may be secured in the eno of
the civil rights proposed to be conferred by the DilY
Those rights are by Federal as well as State laws
ecuTed to all domlced aliens and foreigners, even
before the completion OF the process OF naturaliza
ton; and 1t may safely be assumed that the same
enRctmens.are sufc ent 10 give like protection and
benefits to those for whom this bill provides special
legislation
origin to the present time seems to have been that
persons who are strangers to, and unfamiliar with
our institutions anu our lave, should pass through
certain probation at the cad OF which, before ATTAIN
ing the cove ed privilege, they must give evidence of
their fitness TO and to the rights of
citizens contemplated by the Constitution of the
United States.
The bill in effect proposes discrimination against
large numbers OF intelligent, worthy and patriotic
foreigners, and III favor OF the negro TO whom after
long years OF Dondage the avenues OF freedom ana
intelligence have just now been suddenly opened.
He must OF necessity, from his previous unfortunate
condiuon OF servltude, be less laiormed as to the
nature and character OF our institutions than he
who, coming from abroad, has to some extent, at
least, tamiliarIzed himself wuh the principles of
a Government to which he voluntarily entlusts
ire, liberty, and the pursuit of happiness. Yet it
is now proposed, by single egIs atiYe enact
ment, to confer the rights of citizens upon all per-
sons of African descent born within the extended
limits of the United States, while persons of foreign
birth, who make our land their home, must un-
dergo probation OF five years, and can only then
become citizens upon proof that they are of good
moral character, attached to the principles OF the
Constitution of the United States, and well disposed
to the good order and happiness OF the same. The
Hrst section Of the bill also contains enumeration
ol the rights to be enjoyed by these classes SO made
citizens in every State and Territory the United
States. These rights are to make and enforce con-
tracts, to sue, be parties, and give evidence, TO in
herit, purchase, lease sell, hold, and convey real
and personal property, and 10 have full and equal
benefit of all laws and proceedings for the security
of person and property as IS now eDjoyed by white
citizens. So too, they are made subject to the same
punishment pains, and penalties in common with
white citizens and to none Others Thus perfect
equality OF the white and coored races is attempted
Union over the vast field OF State jurisdiction
covered by these enumerated rights. In no one of
these can any State ever exercise any power of dis
crlmlnatlon between the different races. In the
exercise of State policy over matters exclusively
affecting the people of each State it has frequently
been thought eXpedent to discriminate between the
two races.
BY the statutes of soma of the States Northern as
well Southern, it is enacted, for instance that no
white person shall intermarry with negro or mu-
]atto. Chancellor Kent says, speaking OF the blacks,
that marriages between them and the whites are
not exist, and they are prohibited in all the slave
holding states; and when not absolutely contrary to
law, they are revolving, and regarded as an ohense
against public decorum" / do not say that this
Dill repeas State laws on the subject of marriage
between the two races, for as the whites are for
oden to intermarry with tine blacks, the blacks
can only make such contracts as the whites them
selves are allowed TO make, and therefore cannot,
with the whites. cite tn s discrimination, how
ever, as instance of the State policy to dis
elimination, and TO inquire whether, If Congress
can abroeate all State laws of discrimination be.
tween the two races in the matter OF real estate, ol
suits and OF contracts generally Congress may not
also repeal the state laws as TO the contract of mar
1iaRe between the two racesS Hitherto every subject
embraced in the enumeration of rights contained IN
1his bill has been considered as exclusively belong
5ng to the sates they all relate to the internal policy
and economy Of the respective States They are
matters which, III each State concern the domestic
condition OF ITS people, varying in each according te
Welkbelng of its own citizens
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 Federal limitation that no State shall past
law mpairlng the obligations of contracts; and a.
10 crimes that no State shall pass an eg pos
Jaoto law; to money, that no State shall make
anything but gold and silver q legal tender
S3ut where can we find a Federal prohibition
against the power OF any State to discriminate al
40 most OF them between aliens and citizens, be
tween artificial persons, called corporations, anC
national persons, in the right to hold real estate
~ It be granted that Congress can repeal all stat
an the subjects covered by this bill why, i
may De asked, may not Congress repeal IL
the same way all those laws discriminating be
tween the two races on the subject of suffrage anC
office? II Congress can declare by law who shaI
hold lands, who shall testify, who shall have caDa
city to make contract in a State, then Congress
color, shall have the right TO sit as Juror or as
Judge, to hold any office, and finally to vote il
every State and Territory Of the United States. A
respects the Territories, they come within the powe
OF Congress, for as to them the law making now Q
Is the Federal power; but as TO the States no stint
Ear provision exists, vestlng in Congress the poWe
TO make rules and regulations Tor them
The object OF tire second section of the bill Is Z
afford dseriminatYe protection to coored person
in the full enjoyment OF all the rights secured 4
them BY the preceding section ID declares tha
Co TVhn N NJ nv laV