New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-03-29
'I'ELEGRAPHIC DISPA7CHE
PRESIDENTS VETO OF THE CIVIL
n 'aa RIGHTS BILL. 80
ASSOCIATED Press Dispatches

To the Senate of the United States l.-u. .. IL. a
regret that the bill which has passed both
Houses of Congress- entitled " an act to protect
all persons in the United States in their civil
rights, and furnish means for their yindicatlon, 4
contains provisions which cannot approve con.
with my sense Of duty to the people
and my obligation to the Constitution OF the unltea
States. am, therefore, constrained to return it
to the Senate and the House, in which IL origin
ated with my objection to its becoming law ~
the first section Of the bill, all persons born IN the
United States, and not subject to any foreign
power excluding Indians, not taxed, are declared
to be citizens Of the United States. The provision
the Chinese of the Pacific States, In
dams subject to taxation, the people called Glp-
sizes, as well as the entire race ne desgnateo as
sons Of African bood--every individual OF the
races born in the United States: 1t does not pur-
port to declare confer any other oral, or confer
any other rights of citizenship than Federal Citizen
ship It does not propose to give these classes Of
persons any status Of citizens of the States, ex-
cept that which may result from their status as |
citizens of the United States.
The power to the completion of the process of
naturalization, and it may safely be assumed the
same enactments are sufficient TO give like protec-
ton and benefits to those for whom this bill pro-
vdes7specal legislation. : Besides, the policy of
time seems to have been that persons who are
strangers to and unfamiliar with our institutions
and our laws should pass through certain pro-
hibtion at the end of which, before allowing the
coveted pr1Ze, Jney lluSt give evidence OF tuelr
fitness to receive and exercise rights of citizens
contemplated by the Constitution of the United
States. The bill in effect proposes discrimina-
tion to large numbers of intelligent, worthy, and
patriotic foreigners, and in favor of negroes, to
whom after long years of bondage, avenues to
freedom and intelligence have just now been sud
dely opened. He must of necessity, from his
previous unfortunate condition of servitude, be
less informed to the nature and character of our
institutions than he who coming from abroad has,
to some extent at least, famiarzed himself with
principles Of government to which he voluntarily
intrusts life, liberty and pursuit of happiness.
Yet it is now proposed by single legislative en-.
actment to confer rights Of citizenship upon all
persons of African descent born within the ex
tended 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 American citizens. To confer
the right Of State citizenship, is just as exclusive
with the several States the power to confer the
right of Federal citizenship is with Congress- The
right of Federal citizenship thus to be conferred in
the several excepted races before mentioned is
now for the first time proposed to be given by
law-if, as is claimed by many, all persons who
are native born already by virtue of the Constitu-
ton are citizens of the United States the passage
of the pending bill cannot be necessary to make
them SUCH If on the other hand, such persons
are not citizens, as may be assumed from proposed
legislation to make them such the grave question
presents itself whether where eleven OF the thirty
six States are unrepresented in Congress at this
population and all other excepted classes cluzfns
| of the United States.
| Four millions of them have just emerged from
slavery into freedom. Can it be reasonably sup
posed that they possess the requisite qualifications
| to entite them to all the privileges and mmunities
of citizens of the United States? Have the people
| of the several States expressed such conviction
II may be also asked whether it is necessary that
they should be declared citizens in order that they
| may be secured in the enjoyment of the civi
rights proposed to be conferred by this bill Those
rights are by Federal, as well as by State laws Sc
cured to all aliens and foreigners upon proof thai
that they are of good moral character, and at
tached to the Constitution of the United States
and well disposed to the good order and happiness
of the government. The second section of the
bill also contains an enumeration of the rights tc
| be epoyed by those classes, and the so-made cti
zens in every State and territory in the United
States.
Il gives parties the right to inherit, live in resi-
dence purchase, lease, sell, hold and convey real
and personal property, and TO have full and equa
benefit of all laws and proceedings for security o
person and property, the same as enjoyed by
white citizens. So, too, they are made subject t.
the same punishments, pains and penalties, il
common with the white citizens, and to no others
This is an equality of the white and colored race!
attempted to be fixed by Federal law in ever,
State of the Uniou-one vast neld OF State Jurls
dicton, governed by these enumerated rights; il
| one of them can any State exercise any favor o
discrimination between different races in the exer
f else of State policy over matters exclusivel
/, affecting the people of each State? 1t has fire
uuently been thought expedient to discriminat
i the States North as well as South.
It is enacted for instance, that no white perso
g shall intermarry with negro or mulatto. Char
It cellor Kent says, speaking OF the blacks, tina
4 marriages between them aud whites are forbidde
in some of the States where slaves does not exist
and they are prohibited in the slaveholdng States
# law and when not absoluty contrary to law the
e are revolving and regarded as an ohense again
loon do putc fhat hic
State laws on this subject of marriage between tt
two races for as the whites are forbidden to inte
marry with the blacks the blacks can only NAL
such contracts with themselves as the whites q
:. allowed to make, and therefor cannot. under ii
~ bill enter into marriage contract with the white
~ | cite this discrimination, however, as an instan
~ of the StateHpolicy as to discrimination, and
y. y. inquire whether Congress can abrogate all Sta
to laws of discrimination between the two races
. the matters of real estate, of rents and of &C
u tracts. Generally Congress may not also repe
- .. the State laws as to the contract of maria
I, between the races.
ne Hitherto every subject embraced in the EMU
m ~, Grafton of rights contained in the bill has be
ne considered as exclusively belonging to the Stat
They all relate to the internal policy and econol
.- of the respective States. They are matters viii
S h. in each State concerns the domestic condition
Nv the people, varying in each according to its O
VI peculiar circumstances, and the safety and "
being of its own citizens. do not mean to $
that upon all these subjects there are not Fede
" restraints, as Tor lSlaHe Ill tne Stdte power Vi
lie slation over contracts there is Federal limtat
sr that no State shall make law impairing the ol
'ty CATION Of contracts; and as to crimes, that
lg. State shall pass an eIpdrte Jacto law; and as
i'm money, that no State shall make anything but g
and silver legal tender. But where can any
nd find a Federal prohibition against the power
any State to discriminate as do most of them
tween aliens and citizens, between artificial I
~ sons caled'corporauons, or naturaized persons
u the right to hold real estate.
. If it be granted that Congress can repeal
vi vi State laws discriminating between whites
Ill blacks on the subject covered by this BILL VIII.
may be asked may not Congress repeal in
eai same way all State laws discriminating betw
-, the two races on the subject of suffrage and off
W. If Congress can declare by law who shall
IL, lands. who shall testify, who shall have
Aos capacity to make contracts in State, then
gress can also by law declare who, without reg
u" to race or color, shall have the right to sit
u, juror as Judge, to hold any Office and finally
sis' vote in every State and Territory of the Un
States As respects the Territories, they c'
on within the power of Congress, for as to them
law making power is the Federal power; bu
Of to the States no provisions exist vesting in
gress the power to make rules and regulations
| them.
The object of the second section of the bill
! afford discrimination and protection to coli
persons in the full enjoyment of all their rights
cured to them in the preceding section 1t decl
N ncs 70 that any person who, under color of any
! statute, ordinance, regulation or custom, shall
!. iect, or cause to be subjected, any inhabitan
u any State OF Territory to the deprivation of
/ right secured or protected by this act, or the d
/ -, ent punishment, pains or penalties on accour
l. IL i