The Portland daily press., 1866-03-28
Hf TELEGRAPH.
TO THE DAILY PRESS.
Wednesday Morning, March 28, 1866.
VETO MESSAGE.
WASHINGTON, March q

WASHINGTON, March 81.
To the Senate of the United States.
regret that the bill which has passed both
branches of Congress, entitled an "Act to pro-
tect all persons in the United States in Their
civil rights to furnish the means of their vim
dlcatlon, contains provisions which cannot
approve consistently with my sense Of duty to
the whole people and my obligations to the
Constitution of the United States. l am
therefore constrained to return 1t to the Senate,
the house, in which il originated, with my OBJ
Jeetlons to its becoming law. by the first
section of the bill all persons born in the u.
States, and not subject to any foreign power
excluding Indians not taxed, are declared to
be citizens Of the United States I'.s
This provision comprehends the Chinese OF
the Pacific States, Indians subject to taxation,
the people called "Hypsies" as well as the en-
tire race designated as black-people of color,
negroes, mulattoes and persons of African
blood. Every individual of these races born in
the United States, is by this bill made citi-
zen OF the United States 1t does not purport
to declare or confer any other right OF citizen
ship than federal citizenship. 1t does not pre-
pose to give these classes of persons any status
as citizens of States except that which may
result from their status as citizens OF the U.
States. The power to confer the right OF State
citizens is just as exclusively with the several
States sa the power to confer the right OF led
eral citizenship is with Congress. The right
of federal citizenship thus to be conferred in
the several excepted ratio 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 be ne
cessary to make them such. II on the other
hand such persons are not citizens, as may be
assumed from the proposed legislation to make
them such, the grave question presents itself,
whether, where eleven of the thirty-six States
are unrepresented at this time, it is sound
policy to make our entire colored population
to all other excepted classes citizens of the U.
States. 100000 have just emerged from
slavery into freedom. Can it reasonably be
supposed that they possess the requisite quail
ifications to entitle them to all the privileges
and immunities of citizenship Of the United
States Have the people of the several States
expressed such conviction ? 1t may also be
asked whether it is necessary that they should
be declared citizens in order that they may be
secured in the enjoyment Of the civil rights
proposed to be conferred by the bill Those
rights are by Federal as well as by State laws,
secured to all domiciled aliens and foreigners
even before the completion of the process Of
naturalization, and it may safely be assumed
give like protection and benefits to those for
whom the 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 and un-
familiar with our institutions and our laws,
should pass through certain prohibition. AT
the end of which, before attaining the coveted
prize, they must give evidence of their fitness
to receive and to exercise the rights of citizens
% ""rtor''~lated by the Constitution of the
United States. ssa Eu
~. ...., Al, effect, proposes 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 freedmen and intelligence have
Just now been suddenly opened. He must, OF
necessity, from his previous unfortunate con-
dition of servltude, be less informed as to the
nature and character of our institutions than
he, who coming from abroad, has TO some ex-
tent, at least, familiarized himself with the
principles of government to which he volun-
tariIy entrlsts life, liberty and pursuit of hap
piness. Yet it is now proposed by single
Legislative enactment, to confer the right OF
citizenship upon all persons of African de-
scent, born within the extended limits OF the
United States, while persons of foreign birth,
who make our land their own, must undergo a
probation of five years, and can only then be-
come citizens upon proof that they are of
good moral character, attached to the princi-
Piles of the Constitution of the United States,
well disposed to the good order and happiness
of the same.
The first section of the bill also contains an
enumeration of the rights to be enjoyed by
those classes so made citizens, in every State
and Territory of the United States. These
rights are to make and enforce contracts, to
sue, be parties and give evidence. to inherit
purchase, sell, hold and convey real and perso-
nal property, and to have the 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 sub
ject to the same punishment, pains and penal
ties 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, ovel
the vast field of State jurisdiction, covered by
these enumerated rights In no one of then
can any State exercise any power of discrimi
nation between different races. In the exer
else of State policy over matters exclusivel y
effecting the people of each State, it has fire
quently been thought expedient to dIscrimi
nate between the two races, by the statutes o
some of the States North as well as South
1t is exacted for instance that no white person
shall intermarTy with negro or mulatto.-
Chancellor Kent says, speaking of the blacks
that marriage between them and the whites
are forbidden in some of the States where
slavery does not exist, and they are prohibited
in all the slayeholding States by law, and wher
not absolutely contrarysto law, they are re
voting and regarded as an offence against pub
lie decOrim. sia
do not say that the bill repeats State law
on the subject of marriage between the tw,
races, for as the whites themselves are forbid
toto xxrif <.,,1,
make such contracts fyr themselves are allow
ed to make, and therefore cannot under tn,
bill enter into the marriage contract with thu
whites / cite this discrimination, however
as an instance of the State policy as to dis
elimination, and to inquire whether if Con
gress can abrogate all State laws of discrimi
nation between the two races in the matter Of
real estate and of contracts generally. Con
gress may not also repeal the State laws as tx
the contract of marriage between the races
Hitherto every subject embraced in the emu
meration of rights contained in the bill, ha
been considered as conclusively belonging t.
the States. They all relate to the interna
policy and economy of the respective States
They are matters which, in each State, con
Germ the domestic condition of its people, urg
ing in ZACH according to its own peculiar cir
cumstances, and the safety and well being o
its own citizens. | do not mean to say tina
upon these subjects there are not federal re
straints. AS for instance, in the State powel
of legislation over contracts, there is fedora
limitation that no State shall pass a law i'm
pairing the obligations of contracts, and as tt
crimes that no State shall pass an er post fac
to law, and as to money that no State sbal
make any thing but gold and silver a legal
tender. But where can we find federal pro
hibition against the power of any State to dis
eliminate, as do most OF them, between alien
and citizens, between artificial persons called
corporations and naturalized persons, in tn,
right to hold real estate. aa
If 1t be granted that Congress can repeal al
State law discriminating between whites ant
blacks in the subjects covered by this bill, WHY
it may be asked, why may not Congress repea
in the same way all State laws discriminating
between the two races on the right of suffrage
and office. If Congress can declare by Law
who shall hold lands, who shall testify, VIII
shall have capacity to make contract in
State, then Congress can also by law declare
who, without regard to race or color, sha
have the right to sit as Juror, or as judg'