Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-03-30
The Presidents Veto1
OF THE
CIVIL-RIGHTS BILL
MAsnrNGroN. March q.

both houses of Congress entitled An act TO
protect all persons in the United States in
their civil rights and furnish the means
of their vindication," contains provisions
which / cannot approve consistently with
my sense Of duty TO the whole people and
my obligation to the Constitution of the
United States. am therefore constrained
to return it to the Senate, the house in which
it originated, with my objection to its be-
coming law. By the first section of the
bill, all persons born in the United States
and not subject TO any foreign power, ex-
Guiding Indians not taxed, are declared TO be
citizens of the United States. This provi-
sion eomprehends the Chinese Of the Pacific
States Indians subject to taxation, the peo-
pie called gypsies, as well as the entire race
designated as blacks, people Of color, negroes,
mulattoes, and persons of African blood.
Every individual of these races born in the
United States by this bill is made a citizen
Of the United States. 1t does not purport to
declare or confer any other right of citizen
ship than Federal citizenship; it does not
propose to give these classes of persons any
status as citizens of States, except that
which may result from their status as citi-
zens of the United States. The power to con-
fer the right of State citizenship is just as
exclusively with the several States as the
power to confer the right of Federal citizen
ship is with Congress.
The right of Federal citizenship thus to be
conferred in the several States on the sew
eral 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 are by virtue
of the Constitution, citizens of the United
States, the passage of the pending bill cannot
necessarily make them such. If, on the
| other hand, such persons are not citizens, as
may be assumed from the proposed legisla-
| ton to make them such, the grave question
presents itself, whether, while eleven of the
thirty-six States are unrepresented in Con-
| gress, as at this time, it is sound policy to
make the entire colored population, and all
other excepted classes, citizens of the United
States. -Four millions Of these have just
emerged from slavery into freedom. Can it
be reasonably supposed that they possess
the requisite qualifications to entitle them to
| all the privileges and immunities of citizen
ship of the United States? Have the people
of the several States expressed such a con-
viction? 1t may also be asked whether it is
necessary that they should be declared citi
zens in order that they may be secured in
the enjoyment of the civil rights proposed
are by Federal as well as by State laws Sc
cured to all domiciled aliens and foreigners,
even before the completion Of the process of
naturalization, and it may be safely 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 insti- |
tutions and our laws, should pass through a
certain probation, at the end of which, be- |
fore allowing the coveted prize, they must |
give evidence of their fitness to receive and |
exercise the rights of citizens as contempla-
ted by the Constitution of the United States. |
The bill in effect proposes discrimination
against large numbers of intelligent, worthy, |
and patriotic foreigners, and in favor of the
negro, to whom, after long years of bond
age, the avenues to freedom and intelligence
have Just now been suddenly opened. He |
must, of necessity, from his previous unfor-
tunate condition of servitude, be less inform
ed as to the nature and character of our in
sttutions, than he who, coming from abroad,
has to some extent at leastfamiliarized HIM
self with the principles of government to
which he voluntarily intrusts life, liberty,
and the pursuit of happiness, yet it is now
proposed by single legislative enactment
to confer the rights of citizens upon all per-
sons 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 citizens
upon proof that they are of good moral cha
racter, attached to the principles of the Con-
stitution of the United States, and well dis
posed to the good drder and happiness of the
same. The first section of the bill also con-
tains an enumeration of the rights to be en-
ioyed by those classes so made citizens in
every State and Territory in the United
States. These rights are: to make and en-
force contracts, to sue, be parties, to give evil
dence, to inherit purchase, lease, sell, hold,
and convey real and personal property,
and to have full and equal benefit of
all laws and proceedings for the Sc
curity of persons and property as is enjoyed
by white citizens. So, too, they are made
subject to the same punishment, pains, and
penalties common with white citizens, and to
none others. Thus perfect equality of the
white and colored races is attempted to be
fixed by Federal law in every State of the
Union over the vast field of State jurisdic-
ton, covered by these enumerated rights
III no one Oh l10sll GtIl any IOldl6 6AGTClSc
any power of discrimination between the
different races. In the exercise of State
policy over matters exclusively affecting the
people of each State, it has frequently been
thought expedient to discriminate between
the two races by the statutes of some of the |
States North as well as South 1t is enacted,
for instance, that no white person shall inter-
marry with negro or mulatto. Chancel- |
lor 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 are prohibited in
all slaveholding States by law, and when not
absolutely contrary TO law they are revolt
ing and regarded as an offense against pub
lie decorum. i do rot say that this bill re-
peals State laws on the subject of marriage
between the two races; for, as the whites are
forbidden to intermarry with the blacks, the
blacks can only make such contracts with
the whites themselves as they are allowed to
make and therefore they cannot, under this
bill, enter into the marriage contract with
the whites. / cite this discrimination, how
ever as an instance of the State policy as to
discrimination, and to inquire whether if
Congress can abrogate all State laws Of dis.
elimination between the two races in the
matter of real estate, of suits, and of con-
peal the State laws as to the contract of mar
riage between the races. Hitherto every |
subject embraced in the enumeration of
rights contained in the bill has been consid-
cred 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 do
mestic condition of its people, varying in
each according to its own peculiar circum-
stances, 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 the Legislature o=er contracts, there is
Federal limitation that no State shall pass
law impairing the obligation of contracts;
and as to crimes, that no state shall pass an
er post fdcto law; and as 10 money, that no
State shall make anything but gold and sill
yer legal tender. But where can We find
Federal prohibition against the power of
any State to discriminate, as do most of
them, between aliens and citizens, between /
artificial persons called corporations and
natural persons in the right to hold real es-
tate2
If it be granted that Congress csn repeal |
all State laws discriminating between whites |
and blacks, on the subjects covered by this |
4. II. q L. - mot (nr,-