Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1866-04-05
THE CEvEL RIGHTS BxLL.
The Presidents Veto Message.

entitled IAN Act TO protect all persons in tn
United States in their Civil rights and to furnis
the means of their vindicaton," contains provis
ions which cannot approve consistently with m
sense of duty te the whole people, and nv obliga
tions to the Constitution of the United States
am, therefore, constrained return it 10 ih
Senatc-the House in which it originated-wit
my objections to its becoming law.
BY the First section of the bill all persons bon
: in the United States, and not subject to any for
eign power, excluding Indians not taxed ale de
clared to be citizens the United States. Thi
provision comprehcpds the Chinese of the Pacifi
States, Indians subject to taxation. the peop
called Gipses, n, well a, the entire race designa-
ted as blacks, people oi color. negroes, mulattoes
and persons of A :rican blood. Every individual
of these races born in the United States is by til,
bill. made a citizen OF the United States Ii doei
rot propose 10 declare or confer any other right
citizenship than Federal citizenship. 1t does no
propose to give these classes any status citizens
OF States, except that which may result from thc
status as citizens af the United States. The pow
to confer the right Of State citizenship ia lust al
exclusively with the several States as the pow ei
TO confer the right of Federal citizenship is with
Congress. The ri ght Of Federal citizenship, thu.
to be conferred IN the several excepted cases be-
fore mentioned, is now, for the first time propos
cd TO be given by law. II, as ID claimed by ma
ny. III persons who are native horn already,
by virtue of The Constitution, citizens of the Uni
ted States, the passage oil the pending bill cannot
he necessary to make them such. Ii, on tie other
hand. such persons are not citizens, as may lie
assumed from the proposed legislation 10 make
them such, the grave question Presents stself
whether where eleven of the thrty-six States are
unrepresented in Congress at this time. it is sound
policy to make our entire colored population. and
all other excepted classes, citizens of the United
States. -Four Hillioas OF them have Just emerged
from slavery into freedom. Can il be reasonably
supposed that they possess the requisite qualifica-
lions to entitle them to all the privileges and i'm
munities Of citizenship of the United States7-
Have the people of the several Statcs expressed
such convictiOn1 1t may also be asked, VIII IN
er il ia necessary that they should be declared cit
zens in order that they may be secured in The en-
Joyment OF the civil rights proposed to be confer
red by the bill. These rights are, by Federal as
well as by State laws, secured to all domciled
aliens and foreigners, even before the completion
OF the process OF naturalization; and il may he
safely assumed that the same en,ctments are sufi-
ccnt TO give like protection and benefits to those
for whom this bill provides special legislation
Besides, the policy of the Government, from its
origin to the present time, seems to have been
that persons who are strangers to and unfamiliar
with cur institutions and laws, should pass
through, certain probation, at the end of which,
before allowing the coveted prize, they must,
evhce their fitness to receive and 10 exercise the
rights of citizens contemplated by the Constitu
ton of the United States The bill, in effect pro
poses discrimination against large numbers Of
intelligent, worthy, and patriotic foreigners, and
in favor of the negro; 10 whom, after long years
of bondage, the avenues to freed m and ntelii-
sence have ast now been suddenly opened. tie
must. of necessity, from his previous unfortunate
condition o seryitude, be less informed as to the
nature and character Of our institutions, than he
who, coming from abroad, has, to some extent at
La r., oll r,.L Il
government to which he voluntarily engusts
life, liberty, and the purs nit of happiness. Yet
Il is now proposed by single legislative enact
meni TO confer the rights OF citizens upon all per-
sons OF A frican descent born within the extended
limits Of the United States, while persons of for
eign birth who make our land their home mus,
undergo probation Of five years, and can only
then become eitzens upon proof that they are oil
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 first aection of the bill also contains
an enumeration of the rights TO be enjoyed bv
those classes SO made citizens in every State and
Territory of the United States. These rights
are TO make and enforce contracts; to sue, be
parties, and give evidence; to inherit. Purchase,
lea Sc, sell, hold, and convey real a4l personal
property; and nave full and equal benefit of all
laws and proceedings for the security of person
and property as is enjoyed 10y white citizens. So
too, they ade subject the same punish
ment, pains, and penalties in common with white
citizens, and to none others Thus perfect equal.
ity of the white and cOored races is atttsmp.ed TO
be fixed by Federal law i'll every State of the
Union, over the vast field Of State jurisdiction
covered by these enumerated rights In no one
of them can any State exercise any power of dis
elimination between different races. In the ex.
ercise of State policy matters exclusively af
fectinc the people of each State il has frequently
been thought expedient to discriminate between
the two races BY the statutes OF some Of the
States. North weltas South, it is enacted, for
instance, that no white person shall interrarry
with a negro or mulatto. Chancellor Kent saws
speaking of the blacks. that marriages between
them and tie whites forbi lden in some of the
States where slavery does not exist, and they are
prohibited in all the aveholding States by law
and when not absolutely contrary to law, they are
revolving and regarded as an offence against pub
lie decorum. do not say that this bill rcpeals
State laws the subject of marriage between the
two races, for as the whites are forbidden to in.
termarry with the blacks, the blacks can only
make such contracts as the whites themselves are
allowed 10 make, and therefore cannot under this
bill, enter into the marriage contract with the
whites. | cite this discrimination, however, AS an
kinstance of the State policy to discrimination
and to inquire whether. if Congress can abrogate
all State laws of discrimination between the two
the matter OF Tedl estate, OF Sults au0 oil
contracts generally, Congress NAV not also repeal
the State laws to the contract of marriage be-
tw cen the races. Hitherto, every subject emhra-
ced in the enumeration os rights contained in the
bill has been considered exclusively belonging
to the States. They all relate to the internal
policy and economy of the respective States -
They are matters which in each State concern the
domestic condition oil its people, varying in each
according 10 its own peculiar circ cumstances, and
the safety and well being of its own citizens.
do not mean to say that upon all these subjects
there are not Federal rssrants--as, for instance,
in the State power OF legislation over contracts
there is Federal Limitation that State shall
pass law impairing the Obligations OF contracts;
| and as TO crimes, that no State shall pass an er
post tdcfo law; and to money, that 10 State
shall max. anything but gold and silver a legal
tender. But where can we find Federal prohibi-
ton against the power of any State to dscrimi
nate as do most OF them, between aliens and citi-
zens, between artificial persons, called corpora
tions, and natural persons, in the right TO hold
real estate; fit be granted that Congress can
repeal all State laws discriminating between whites
and blacks on the subject covered by this bill
why, it may be asked may not Congress repeal,
in the same way, all State laws discriminating be
tween the two races on the subject Of suffrage
and office7 ii Congress can declare by law who
shall hold lands, who shall testify, who shall have
capacity 70 make contract m State, then Con-
grcss can also by law declare who, without regard
to race or color, shall hare the right to sit q
juror or as Judge. 20 hold any Office, and finally
TO vote in any State or Territory of the United
Statee. As respects the Territories, they come
within the power Of Congress, for as to them the