New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-03-28
VETO OF THE CIVIL RIGHTS BILL.
THE VETO MESSAGE.
The President Objects to the Bill Section
by Section.
WASHINGTON. Tuesday. March q. 1866.

Il
Houses Of Congress entitled IAN Act to protect aper-
cons in the United States in their civil rights and fur
rsh the means of their vindication." contains pro-
visions which cannot approve, consistently with my
sense of duty to the Whole people, and my obligations
to the Constitution Of the United States am there
fore constrained return it TO the Senate he House
in which it origiRated) with my objections TO its be-
coming law.
By The first section Of the bill all persons born in the
United States and not subject 10 any foreign power
excluding Indians not taxed declared to be citi-
zens of the United States This provision comprehends
the Chinese Of the Pacific States Indians subject to
1axaton the peOpc called Gpsies well as the entire
race designated as blacks, people Of color negroes.
mulattOcS and persons Of African blood. Every
individual of these races born in the United
Of Chile me- United Stats 1t does not purpOrt to de.
clare or confer any other right of citizenship than
Federal citizenship; II does not propose 10 give these
classes of persons any status citizens of States except
that which nav result from their status citizens OF
the United States. Tic power 10 confer the right OF
State citizenship is Just as exclusively Win we several
States % the power 10 CONFER the Tltht 3i ieNsi o
zenshp is with Congress The right OF Federal citizen
shin thus TO be conferred in The several excepted ratios
before mentioned is now, for the st time proposed 10
be given by law. L. as Is claimed by many an persons
who are native born already are by virtue OF the Con.
sttuior citizens OF the United States, the passage OF
The pending bill cannot be necessary to maze them
such on the other hand such persons are not clt'
1ens as NAV be assumed IRON the proposed legislation
10 make them such the grave question presents itself
whether where eleven OF the 80 States are uDiepie.
scented in Congress at the time, It Is sound
policy to make entire colored population, and all
other excepted classes citizens OF the United States
-Four millions of them have just emerged from slavery
into freedom Can II be reasonably supposed that thex
pOssesS the requisite qualifications 10 eutte lem 10 al
ire uryilcres and immunites of citizenship OF the
United States Have the people OF TIE several States
expressed such a conviction, 1t may also De ASKED
whether it is necessary that they should be declared
citizens IN order that they may 0e secured IN the ENJOY!
nen OF the civil rights proposed to be conferred by the
binf Those rights are by Federal as well by state
laws secured 10 all dOmiced aliens and foreigners
even before the completion OF the process OF naturaza
ton; and il may safely be assumed that the same
enactmcnts are sufficient TO give like protection ana
legislation Besides, the policy Of the Government
from its origin 10 the present time seems 10
have been that persons VINO are strangers
10 and unfamiliar with Our institutions and our laws
should pass through certain probation al the enc OF
which before attaining the coveted prize, they must
give evidence OF their fitness to receive ana TO exercise
the rights OF citizens es contemplated by the Cohsutu
tiOn of the United States. HE OIL IN eject proposes
discrimination against large numbers OF intelligent
worthy and patriotic foreigners ana IN favor OF tue
negro whom, after long years OF bondage the ave
nues to freedom asd intelligence have just now been
suddenly opened. He must of necessity from ms
previous unfortunate condition Of serytEde be legs IN
formed as 10 the nature and character Of our lnstu
tons than he who coming from abroad has TO some eX
Of aGoyernment 70 which he voluntarily entrusts life
liberty aud the pursuit Of happiness Yet II is now
proposed by single legislative enactment
TO confer the rights Of citizens upon all persons
OF African descent born within theextended limits oil
the United States while persons OF foreign bfth who
make land their home must undergo probation oil
five years and can only then become citizens upon
proof that they of good moral character attached
t. the PRINCIPLES of the Constitution of the United
States and well disposed to the good order and happ
mess OF the same The first section Of the bill also CON
1ains an enumeration Of the rights TO be enjoyed oy
those classes made citizens IN every state ana Ter
rtory in the United States. These rights are 10 make
and enforce contracts 10 sue be parties and give evil
dence to inherit purchase, lease, sell hOio hLu con-
yey real and personal property and TO have iuh anu
equal benefit Of all laws and proceedings iOI the security
OF persons and property is enjoyed by white citizens
So too they are made subject 10 the same punlshments
pains and penalties, common with white ctzehs ana
TO none others. Thus perfect equality OF the whte
and eoored races is ATTEMPTED to be fixed BY Federal
law in every State Of the Union over the vast field Of
State Jurisdiction covered by these enumerated rights
10 ore Of them any state exercise any power OF
determination between different In the exer
else of State policy matters exclusively affecting
1he people OF each State il has frequently been thought
expedient to discriminate between th Two races 10y
South il is enacted for instance that no white person
shall intermaIry with negro or mulatto Chancellor
Kent says, speaking Of the blacks thatlnaIrage be-
tween them and the whites are forbidden IN
some OF the States where Slavery does not
exist and they are prohibited in all the slayehold
ing States by law; and when not absolutely
ofense against public decOrum do not say that this
bill repeals State laws, the subject OF marriage be-
tween the two races for IS the whites are forbidden 10
inermar.y with the blacks. the blacks can onY make
sucb contracts as the whites themselves allowed to
make aud therefore cannot under this bill enter into
The marriage contract with the whites take this DIS
Grimm ton however, an instance OF the State policy
as to Discrimination. and to inquire whether, II Con
gress can abrogate all state laws OF Discrimination be
tween the two In the matter OF real estate, OF
suits aud Of contracts generally Congress may not
ola he
rage between the races Hitherto, every subject EN-
brseed in the enumeration Of rights contained in the
bill has been considered exclusively belonging 10 the
States they all relate 20 the internal policy and econ
Ony of the respective States They are matters which,
In each State concern the domestic condition OF It's
people varying IN each according 70 its own peculiar
circumstances and the safety and welbeDg Of It's own
citizens do mean 10 Say that upon al these sub
jects there are Federal restraints as for instance
IN the State power OF legislation over contracts t1ere
is Federal limitation that no State shan pass law
implirlnR the obligations Of contracts; and as 10
crimes that State shall pass an e1.pod taeo law;
and a. 10 money that no State shan make anything
but gold and silver iegal-tender. But where can We
find Federal prohibition against the power Of any
State 10 discriminate. as DO most OF them, between
aliens aud citizens. between artificial persons called
CORPORATIONS and nauTazed persons in the right to hold
real esate Fit be granted that Congress can repeal
all State laws discriminating between whites ana
blacks in the subjects covered by tins bill why 1t may
be asked NAV not Congress repeal IN the same way all
State laws discriminating between the two races on
the subject Of suffrage and officer II Congress can de-
clare by law who shall hold lands, who shall testify,
who shall have capacity TO make contract IN State,
then Congress can also by law declare who, without
regard 10 race or color shall have the right 10 act as
Juror or as Judge 10 hold any office, and hnaily to
vote In every State and Territory of the United States
respects the Territories they come within the pow
er Of Con gress for to them the Iaw-makng power
is the Federal power; but 10 the States 10 similar
provision exists, vesting in Congress the power 10
nske rules and regulations for them
The object Of the second section ofthc oil is TO AFFORD
discriminating protection TO coored persons IN the full
enjoyment OF all the rights secured to them by the pre-
cedng section 1t declares that any person who under
color OF any law statute ordinance regulation or Gus
tom shall subject or cause TO be subjected any inha6ant
Of any State Territory 10 the deprivation OF any
right secured projected by this act or 10 different