The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1866-05-05
V EFT O
CIVIL RIGHTS BILL


TO the Senate Of the United States:
IREGRET that the bill which has pass
ed both Houses of Congress, entitled
"An act to protect all persons in the
United States in their civil rights, and
furnish the means of vindication," con-
tains provisions which cannot approve
consistently with my sense of duty to
the whole people, and my obligations to
the Constitution of the United States.
am, therefore, constrained to return
it to the Senate, the House in which it
originated, 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 oany foreign pow
er, excluding Indians not taxed, are de-
clared to be citizens of the United States.
This provision comprehends the Chi
nese of the Pacific States, Indians subject
to taxation, the people called Gipsies, as
well as the entire race designated as
blacks, people of color, negroes, mullat-
toes, and persons of African blood. Ev-
cry individual of these races born in the
United States is by the bill made citi-
zen of the United States. 1t does not
purpose to declare or confer any other
right of citizenship than Federal citi-
zenship." 1t does not purport to give
these classes of persons any status as citi-
zens of States, except that which may
result from their status as citizens of the
United States. The power to confer the
right of State citizenship is just as eX-
clusively with the several States as the
zenship is with Congress. The right of
Federal citizenship thus to be conferred
on the several excepted races before men,
toned is now for the first time proposed
to be given by law. If, as is claimed by
many, all persons who are native born
are by virtue of the Constitution citizens
of the United States, the passage of the
pending bill cannot be necessary to make
them such. If, on the other hand, such
personsare not citizens, as may be assum-
ed from the proposed legislation to make
them such, the grave question presents
itself whether, when eleven of the thir-
ty-six States are unrepresented in Con-
gress at this time, it is sound policy to
make our 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 it be reasonably supposed
that they possess the requisite qualifica-
tions to entitle them to all the privileges
and immunities of citizens of the United
States? Have the people Of the several
States expressed such conviction? 1t
may also be asked whether it is necessa-
ry that they should be declared citizens
in order that they may be secured in
the enjoyment proposed to be conferred
by the bill? Those rights are by Federal
as well as State laws secured to all domi,
ciled aliens and foreigners, even before
the completion of the process of natural,
ization; and it may safely be assumed
that the same enactmcnts are sufficient
to give like protection and benefits tC
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 stran.
gers to and unfamiliar with our institu'
tions and our laws, should pass through
II certain probation, at the end of which,
before attaining the coveted privilege
they must give evidence of their fitness
to receive and to exercise the rights o.
citizens, as contemplated by the Consti-
: ton Ofsthe United States.
: The bill in effect proposes discrimi
nation against large numbers of intelli
gent, worthy, and patriotic foreigners
long years of bondage, the avenues tC
freedom and Intelligence have just now
= been suddenly opened. He must of ne
: cessity, from his previous unfortunate
/, condition of servitude, be less informed
, as to the nature and character of our in
: stitutions than he who, coming from
abroad, to some extent, ut least, fami
; liarized himself with the principles o
Il government to which he voluntarily
entrusts life, liberty, and the pursuit o.
happiness. Vet it is now proposed, by
single legislative enactment, to confer
the rights of citizens upon all persons OF
African descent born within the extend.
| ed limits of the United States, while per.
sons 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 character, attached to the princi
pies of the Constitution of the United
States, and well disposed to the good or.
f der and happiness of the same. The first
l section of the bill also contains an emu.
f meration of the rights to be enjoyed by
9 these classes SO made citizens in every
e State and Territory of the United States
g These rights are to make and enforce
/. contracts, to sue, be parties, give evi'
; dence, to inherit, purchase, lease, sell
e hold, and convey real and personal pro-
t perty, and to have full and equal bene'
D fit of all laws and proceedings for the Sc
= curity of person and property as is now
+, enjoyed by white citizens. So, too, they
5 are made subject to the same punish
4 ment, pains, and penalties in common
/ with white citizens, and to none Others
f Thus perfect equality Of the white an6
I colored races Is attempted to be fixed by
5 Federal law in every State of the Union
|, over the vast field of State jurisdiction
! ~. 4,I I,.;rr