The weekly Butte record., 1866-03-31
THE PRESIDENTS VETO.

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 10 the whole
people and my obligations to the Constitution.
BY the first section, all persons born in the
United States and not subject to any foreign
power, excluding Indians not taxed. are de-
clared citizeus. This provision comprehends
the Chinese Of the Pacific States, Indians sub.
lect to taxation, gypsies. as well as the entire
race designated as blacks, people of color,
negroes, mulsttoes and persons of African
blood. The bill does not propose to give these
classes any status Of citizenship in the States
except that which may result from their ssatns
as citizens Of the United States. The power
to confer the rights of State citizenship is lust
as exclusively with the several States as the
power to confer Federal citizenship is With Con.
gress. The right of Federal citizenship thus 10
be conferred on several excepted races is DOW for
Inc trst time proposed TO be given By law.
II. 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 persons are
not citlzens, as may be assumed from the pro-
a
question presents itself whether, when eleven
OF the thirty,sx States are unrepresented in
Congress, it is sound policy to make the entire
colored population, and all other excepted
classes, citizens. -Four millions of them have
Just emerged from slavery into freedom. Can
II De reasonably supposed they possess the
requisite qualifications 10 entitle them to the
privileges and immunities of citizenship
Have the people of TIE several States expressed
such convictions! II 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 civil rights proposed to
be conferred By this bill. These rights are
by Federal and State laws, secured to all
domiclled aliens aud foreigners, even before
naturalization, and it may safely be assumed
That the same enactments are sufficient TO give
Ike protection to those for whom this bill
provides. Besides, the policy of the Govern
meDt 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
intelligence have just been suddenly opened. by
proposing to make them citizens at once. The
hrst section also contains an enumeration oi
rights to be enjoyed: To make and enforce
contracts, sue and be sued, give evidence, in
herlt, 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 ciiizeus, aud to be subjected to the same
punishment, pains and penalties in common
with white citizens, and to none others. This
perfect equality of white and colored race i:
attempted TO be Fixed by Federal laws in every
State, over the vast field of State jurisdiction
covered By these enumerated rights. In none
OF them can any State exercise any power ol
discrimination between the different races. In
the exercise of State policy over matters ex.
cluslvely affecting the people of each State, il
has frequently been thought expedient TO dis
between the races by the statutes oi
some States, North as well as South it is
enacted, Tor instance. that no white person
shall marry negro TO mnlatto. Chancellor
Kent says, speaking of the blacks, Marriage
between them ard the whites is forbidden in
some States where slavery does not exist, and
prohibited in all slaveholding States by law
and where not absolutely contrary to law, they
are revolving and regarded as offensive against
public decency." | do not say this bill repeals
State laws on this subject, for as The whites
are forbidden TO intermarrv with blacks the
blacks can only make such contracts as the
whites themselves are allowed TO make There
fore they cannot. under this bill, enter into a
marriage contract with whites. cite this
discrimination, however, as an instance of State
policy, and to inquire whether, il Congress
can abrogate all State laws of discrimination
touching contracts generally, Congress may not
also repeal State laws as to the marriage
contract between the races. Hitherto every
subject embraced in the enumeration of rights
by this bill has been considered ex-
belonging to the States If Congress
can repeal State laws discriminating in these
subjects, why may it not repeal all State laws
discriminating on suffrage? The object of the
second section is to afford discriminating pro
lection to colored persons by imposing penal
ties upon members of Legislatures who may
pass such laws, and upon Judges or officers
who may attempt to execute them. This
invades the Dominion Of the States for which
there is no warrant, and for which there is no
necessity. | do not apprehend such conflict
ing legislation as the bill seems TO contemplate
as so likely to occur as 10 render it necessary
to adopt measure Of such doubtful constilu-
tionality.
The merits of the bill are fraueht with evil.
The white race and the black race have hilher-
to lived together under the relation Of master
and slave, capital owning labor. Now that
relation is changed, and new adjustment is
being made in which both are deeply interested
in making harmonious. This bill illustrates
the adjustment-in fact, distinction of race and
color is made to operate in favor Of the colored
and against the white race. 1t iuterferes with
the relations existing exclusively between a
State and its citizens. 1t is assumption Of pow
er by the Federal Government which, If acqui-
esced 10, must tap and destroy our Federal sys-
TEN of limited powers, and break down the bar
riers which preserve the rights of the States. 1t
is another step. or rather stride, toward central
ization. The tendency of the bill must be to
resusctate the spirit of the rebellion and arrest
the progress of those Influences which are more
closely drawing around the States the bonds OF
union and peace. Entertaining these senti-
ments, it only remains for me to say that | will
cheerfuly cooperate with Congress in any
measure that may be necessary for the preserva-
ton of the civil rights of freedmen, as well as
those of oil other classes of persons throughout
the United States. by judicial process. under
equal and impartial laws Or conformably with
the provisions of the Federal Constitution.
now return the bill TO the Senate. and regret
that IN considering the bill and joint resolu-
toDs, forty two in number. which have been
thus far submitted for my approval, l am com
PEELED to Withhold ny assent from a second