Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1866-03-30
THE CIVIL RIGHTS BILL.


johnson was Transmitted to The United State.
Senate Yesterday giving his reasons for return
ing the :" Civil Rights bill without his signature:
| To the Senate Of the United SfateS:
/ regret that the bill which has passed both
houses of Congress entitled e An act to protect all
persons in the United States in their civil rights
and furnish the means for their vindicaton," con-
tains provisions which cannot approve consistent
ly with my sense of duty to the whole people, and
nv obligations to the Constitution of the United
States | am therefore constrained to return il TO
the Senate, the house in which it originated, with
nv objections to its becoming law.
By the first section OF the bill, all persons born in
| the United States and not subject to any foreign
power, excluding Indians not taxed, declared to
be citizens of the United States. This provision
comprehends the Chinese OF the Pacific States. In
dams subject to taxation, the people called Gipses,
as well as the entire designated blacks. peo-
pie of color negroes, muatOes, and persons OF At
rcan blood Every individual of these races, born
in the United States, is, by the bill, made citizen
of the United States II does not purport to declare
or confer any other right of citizenship than federal
citizenship 1t does not purpOrt TO give these class
es of persons anv status citizens Of States, except
that which may result from their status as citizens
of the United States. The power to confer the
right of State citizenship is just as exclusively
with the several States as the power to con-
fer the right of federal citizenship Is with Con-
gresS.
The right of Federal citizenship thus to be con-
ferred on the several excepted races before men,
toned is now for the first time, proposed TO be Civ
en- by law. If, as is claimed by many, all persons
who are natiye-bOrn already are, by virtue of the
Constitutions citizens Of the United States, the pas
sage of the pending bill cannot be necessary to
make them such. If, on the other hand, such per-
sons are 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 unrepresented in Congress at
this time, it is sound policy to make our entire col
ored population and all other excepted classes cti-
zens Of the United States Four millions of them
have lust emerged from slavery into freedom. Can
it be reasonably supposed that they possess the
Guiste qualifications to enttle them to all the priv.
leges aud immunities of citizens OF the United
States Have the people of the several 81 aes expressed
such conviction
it NAV also be asked whether it is necessary that
they should be declared citizens in order that they
NAV be secured in the enjoyment of civil rights ,
Those rights proposed TO be conferred by the bill
are by federal as well as State laws, secured to all
domiciled aliens and foreigners, even before the
completion of the process OF naturalization and it
NAV safely be assumed that the same enactments
are sufficient 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
our institutions and our laws should pass through
certain probation at the end OF which, before at
tanning the coveted prize they must give evidence
of their fitness to receive aud to exercise the rights
of citizens contemplated by the Constitution Of
the United States.
The bill in effect, proposes q discrimination
against large numbers OF intelligent, worthy and
patriotic foreigners, and in favor of the negro to
whom, after long years of bondage, the avenues to
freedom and intelligence have now been suddenly
opened. lie must, of necessity, from his previous
unfortunate condition of sertude, be less informed
rs 30 the nature and character of our institutions
than he who, coming from abroad, has, ~ some eX-
tent ut least, familiarized himself with the princi-
piles of Government to which he voluntarily en-
trusts life liberty and the pursuit of happiness -
Yet it is now proposed, by single Legislative enact
ment to confer the right OF citizenship 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 undergo
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 Constit
ton of the United States and well disposed to the
good order and happiness OF the same"
The first section of the bill also contains emu
meration of the rghtsto be enjoyed by these classes
so made citizens " in every State and Territory in
the United States These rights are to make and
enforce contracts, to sue be parties and give evil
dence to inherit purchase, lease, sell, hold and
vey real and personal property, and to have :" full
and equal benefit of all laws and proceedings for the
security OF person and property as Is enjoyed 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 black races is at
tempted to be liked by federal law in every State of
the Union, over the vast field of State jurisdiction
covered py these enumerated rights. In no one of
these can any State ever exercise any power of dis
elimination between the different races.
In the exercise of State policy over matters eXclu-
siyely affecting the people of each State it has fire.
quently been thought eXpedient to discriminate be-
tween the two races BY the statutes of of the
States Northern as well Southern, it Is enacted,
for instance that no white person shall intermary
with negro or muatto. Chancellor Kent says,
speaking Of the blacks, that " marriages between
them and the whites are forbidden in some of the
States where slavery does not exist, and they ART
prohibited in all the saveholding States, and when
not absolutely contrary to law, they are revolving
and regarded as offence against public decor
um."
do not say this bill repeats State laws on the
subject of marriage between the two races, for
the whites are forbidden to intemarry with the
blacks, the blacks can only make such contracts as
the whites themselves are allowed to make, and
therefore cannot under this BILL enter into the mar
rage contract with the whites.
! cite this discrimination, however, as an instance
of the State policy as to discrimination, and to in
Quire whether, if Congress can abrOgate all State
laws of discrimination between the two races, in
the matter of real estate Of SUITS aud of contracts
generally Congress may not also repeal the State
laws as TO the contract of marriage between the
two racesl Hitherto every subject embraced in the
enumeration of rights contained in this bill has been
considered as 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 of its
people, varying in each according to its own pecu-
liar circumstances and the safety and well being 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
TOT sla1l a law imnoirur flp plliuutouS of
contract; and as to crimes, that no State shall pass
an post fdctO law and as to money that no State
shall make anything but gold and silver legal ten
der
But where can we find Federal prohibition
against the power of any State to discriminate,
do most of them, between aliens and citizens. be-
tween artificial persons called corporations and ma
tural persons in the right to hold real estate
If it be granted that Congress repeal all State
laws discriminating between whites and blacks in
the subjects covered by this BILL why, it may be ask
ed, may not Congress repeal in the same way all
State laws discriminating between the two races on
the subjects of suffrage and office! If Congress can
declare by law who shall hold lands, who shall tes
tify, who shall have capacity to make contract in
State, then Congress can by law also declare who
without regard to color race, shall have the right
to sit as juror judge, TO hold any Office, and
finally, to vote lin every State and Territory OF the
United States" As respects the Territories, they
come within the power of Congress, for as to them
to the States no similar provision exists vesting in
Congress the power to make rules and regulations
for them.
The object of the second section of the bill is to
afford discriminating protection TO coored persons
in the full enjoyment of all the rights secured to
them by the preceding section. 1t declares that
any person who, under color OF any law statute or
dnance regulation or custom, shall subject or cause
to be subjected any nhabitant of any State or Ter
rtory to the deprivation of any right secured or pro-
tected by this act, or to different punishment, pains
or penalties account of such person having at any
time been held in condition OF slavery or involun-
tarv servitudc, except as 4 punishment for crime
whereof the party shall have been duly convicted,
or by reason of his color or race, than is prescribed
for the punishment of white persons, shall ne deemed
guilty of misdemeanOT and, on conviction, shall
be punished by fine not exceeding one thousand
dollars, or Imprisonment not exceeding one year,
or both, in the discretion of the court This
section seems TO be designed TO apply to some
existing or future law of a State or Territory which
may conflict with the provisions OF the bill now
under consideration II provides for counteractlng
such forbidden legislation, by imposing line and i'm
prisOnment upon the Legislators who may pass such
conflicting laws or upon the officers or agents who
shall put attempt to put them into execution. 1t
means an official offence, not n common crime COM
mitted against law upon the persons property OF
the black race. Such act may deprive the black
man of his property, but not of the right TO hold
property Il means deprivation OF the right ITSELF
either by the State judiciary the State Legisla'
ture. 1t is therefore assumed that under this section
members of State Legislatures who should vote Tor
laws conflicting with the provisions of the BILL that
judges OF the State courts who should render Judg-