Weekly Calaveras chronicle., 1866-03-31
The Civil Rights Bill.

OF Congress by large majority. We give
below part of the Presidents message:
$40 the Senate of the United States: I
regret the bill entitled AN Act to protect all
persons in the United States in their civil
rights and furnish means of their vindication,
contains provisions which cannot approve
consistently with my sense of duty to the
whole people and my obligations to the Con-
stitution: By the first section all persons
born in the United States and not subject to
any foreign power, excluding Indians not
taxed, are declared citizens. This provision
comprehends the Chinese of the Pacific
States, Indians subject to taxation, gypsiss,
as well as the entire race designated as blacks,
people of color. negroes mulatoes end per
sons of African blood. The bill does not
propose to give these classes any status of
citizenship in in the States except that which
may result from their status as citizens of the
United States. The power to confer the
rights of State citizenship is just as exclu-
sively with the several States as the power to
confer Federal citizenship is with Congress.
The right of Federal citizenship thus to be
conferred on several excepted races is now
| for the first time proposed to be gwen by law.
If, as claimed by many, all persons born in
the United States are already citizens, the
passage of this bill can't be necessary to make
them such. If, on the other hand, such per-
sons aie not citizens, as may be assumed from
the proposed legislation to make them such.
| the grave question presents itself whether,
when eleven of the thirty-six States are un-
represented in Congress, it is sound policy to
make the entire colored population, end all
other excepted classes, citizens. Four mil
lions of them have just emerged from slavery
into freedom. Can it be reasonably suppos-
ed they possess the requisite qualifications to
entitle them to the privileges and immunities
of citizenship Have the people of the sew
eral States expressed such convictionss 1t
may also be asked whether it is necessary
they should be declared citizens in order that
they may be secured in the enjoyment of the
CAFh PiOPOSCO W D0 COuleIIGu Dy kulS
bill. These rights are, by Federal and State
laws, secured to all domiciled aliens and for
eigners, even before naturalization, and it
may safely be assumed that the same enact
ments are sufficient to give like protection to
those for whom this bill provides. Besides,
the policy of the Government always has
been that persons who are strangers to and
unfamiliar with our institutions should pass
through certain probation. This bill, in
effect, discriminates against large number
of intelligent and worthy foreigners, and in
favor of negroes, to whom, after long years
of bondage, the avenues of light and intel
ligence have just been suddenly opened, by
proposing to make them citizens at once
The first section also contains an enumera-
ton of rights to be enjoyed: To make and
enforce contracts, sue and be sued, give evi-
dence, inherit, purchase, lease, sell, hold and
convey real estate and personal property,
and to have full and equal benefit of all laws,
the same as white citizens, and to be subject
to the same punishment, pains and penalties
in common with white citizens, and to none
others. This perfect equality of white and
colored races is attempted to be fixed by
Federal lawsin every State, over the vast
field of State Jurisdiction covered by these
enumerated rights. In none of them can
any State exercise any power of discrimina-
ton between the different races. In the exer-
else of State policy over matters exclusively
affecting the people of each State, it has
| frequently been thought expedient to dis
criminate between the races by the statutes
of some States, North as we'll as South il
is enacted, for instance, that no white per-
son shall marry negro to mulatto. Chan
celler Kent says, speaking of the blacks
Marriage between them and the whites il
forbidden in some States where slavery does
not exist, and prohibited in all slaveholding
States by law, and where not absolutely con.
trary to law, they are revolving and regarded
as offensive against public decency.' I dc
not say this bill repeals State laws on thi.
subject for as the whites are forbidden to in
termarry with blacks, the blacks can only
make such contracts as the whites themselves
are allowed to make. Therefore they cannot
under this bill, enter into a marriage contrac
with whites. cite this discrimination, how.
ever, as an instance of State policy, and te
inquire whether, if Congress can abrogate al
State laws of discrimination touching con
tracts generally, CongIes may not also re-
peal State laws as to the marriage contrac
between the races. Hitherto every subjec
embraced in the enumeration of rights con
ferred by this bill has been considered ex.
clusiuely belonging to the States. If Con.
gress can repeal State laws discriminating
in these subjects, why may it not repeal al
State laws discriminating on sufragsi The
object of the second section is to afford dis
eliminating protection to colored persons BY
imposing penalties upon members of Legis
latures who may pass such laws, and upor
Judges or officers who may attempt to exc
cute them. This invades the dominion o
the States, for which there is no warrant, ant
for which there is no necessity. I do no
apprehend such conflicting legislation as thu
bill seems to contemplate as so likely to oc
cur as to render it necessary to adopt mea
sure of such doubtful constitutionality."
PRIMARY ELEcTIoNs.-One Of the mos
important laws that has been enacted by tn
present Legislature is the Act introduced By
Senator Porter. to legalize Primary elections
It has passed both Houses and received O