The south-western. [volume] (Shreveport, La.) 1852-1870, 1866-04-04
The Presidents Veto Of the Civil RIGHTS Bill

The Presidents Veto Of the Civil Rights Bill
To the Senate Of the United States
/ 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
for their vindcaton contains provisions which
| cannot approve consttutonaly, with my sense OF
duty to the people, and my obligation to the consttu
ton of the United States am therefore, constrained
to return it to the senate and the house. in which it
originated with my objections to its becoming a law
BY the first section Of the BILL all persons born in the
United States, and not subject to any foreign power
excluding Indians not taxed, declared to be ct
zens of the United States The provision compre-
hends the Chinese of the Pacific States Indians subject
to taxation, the people called Gipsies well the
entire race designated blacks people of color,
groes, mulattoes, persons Of African blood. Every
individual Of the races born in the United States is
by this bill made citizen Of the United States. 1t
does not propose to declare confer any other oral
confer any other rights of citizenship than federal
citizenship 1t does not propose to give these classes
Of persons any status of citizens of the States except
that which may result from their status citizens
the United States.
The power to the completion Of the process Of
naturalization and it may safely be assumed the
same enactments sufficient to give hke prOtec-
ton and benefits to those for whom this bill provides
special legislation Besides the policy of the govern
ment from its origin to this present time seems to
have been that persons Who strangers to and una
miliar with institutions and laws should pass
through certain probation, after the end of which,
before allowing the coveted prize they must give evil
dence of their fitness to receive and exercise the
rights of citizens contemplated by the constitution
of the United States. The bill in effect proposes a
discrimination against large numbers Of intelligent,
worthy and patriotic foreigners and in favor of
groes to whom after long years of bondage avenues
to freedom and Intelligence have just now been sud
denly opened He must OF necessity, from his preyi-
Gus unfortunate condition Of serYtude be ess informed
rpfp
he who, coming from abroad, has to some extent at
least amiarsed himself with the principles Of the
government to which he yoluutarialy intrusts life
liberty and pursuit Of happiness.
Yet it is proposed, by a single Legislative
enactment to confer rights of citizenship upon all
persons of African descent born within the extended
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 c
zenship is Just exclusively with the several States
as the power to confer federal citizenship is with con-
gress. The right Of federal citizenship thus to be
conferred in the several excepted races before
toned, is now for the first time proposed TO be given
by law If as is claimed by many, all persons who
native born are by virtue Of the constitution, already
citizens of the United States the passage of the pend
ing bill cannot be necessary to make them such. IT.
on the other hand, such persons are notcitizens,
may be assumed from proposed Legislation to make
them SUCH the grave question presents itself whether,
where eleven of the thrty-six States are unrepre-
scented in congress at this time, it sound policy to
make one 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 he reasonably supposed
that they possess the requisite qualifications to ene
them to all the privileges and immuni;ies of citizens
Of the United States? Have the people Of the several
States expressed such conyictiolY 1t may be also
asked whether it is necessary that they should be
tl,,y
the enjoyment of the civil rights proposed be con
ferred by this bill. Those rights are by federal
well as State laws secured to all aliens and foreigners
upon proof that they Of good moral character and
attached 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
tains an enumeration Of the rights to be enjoyed by
those classes and the SO made citizens in every State
and Territory in the United States
1t gives the parties the right inherit live in resi-
dence purchase lease, sell, hold and convey real
and personal property, and to have full and equal
benefit Of all laws and proceedings for the security of
person and property, the same enjoyed by white
citizens So too, they are made subject to the same
punishments pains and penalties in common with the
white citizens and to others. Thus is equality
of the white and colOred races attempted to be fixed
by federal law in every State in the Union One vast
field of State iurisdicton governed by these enUmera
ted rights; in one Of them can any State exercise
any favor of discrimination between different races
in the exercise Of State policy matters exclu-
sivey affecting the people Of each State? 1t has
frequently been thought expedient to discriminate
between the races by the statutes OF some OF the
States north as well as south.
It is enacted for instance, that no white person
shall intermarry with negro or mulatto. Chancellor
Kent saws speaking OF the blacks that marriages be-
tween them and whites forbidden in some of the
States where slavery does not exist and they are
prohibited in all slayehodingStutes by law; and when
l. Ian how al
and are regarded as offence against public decorum
do not say that this bill repeats State laws on this
subject of marriage between the two races for the
whites are forbidden to inermarry with the blacks,
tie blacks can Only make such contracts with them
selves ~ the whites allowed &c make, and there
fore cannot, under the bin, enter INTO marriage
contract with the whites l cite this Discrimination;
however as an instance of the State policy as to dis
elimination, and to inquire whether, if congress can
1brogate all State laws Of discrimination between the
two races on the matters of real estate Of and of
contracts generally congress may not also repeal the
State laws TO the contract OF marriage between the
races Hitherto every subject embraced III the enume-
ration of rights contained in the bill has been consd
cred as exclusively belonging to the States They all
reateito the internal policy and economy Of the re-
spectiye States They matters which, in each State,
concern the domestic condition Of the people, varying
in each according to its own peculiar circumstances
md the safety and well being OF It's own citizens.
are not federal restraints for instance in the State
power Of legislation over contracts there is federal
limitation that no State shall make a law mpairng the
obligation Of contracts and to crimes that State
shall pass post fact0 laws and as to money, that
no State shall make anything but gold and silver
legal tender But where can any one find federal
prohibition against the power of State to discrmi
nate as do most of them between aliens and citizens
between artificial persons called corporations and
persons, in the right to hold real estate.
be granted that congress repeal all State laws
between whites and blacks on the sub
ect covered by this bill, why, it may be asked, may
not congress repeal in the same way al State laws
discriminating between the onthe subject of
suffrage and Office? If congress can declare by law
who shall hold lands who shaHtestify, whoshal have
he capacity to make contracts in State, then con
yress can also by law declare Who without regard
ace or color shall have the right to sit juror or
Judge to hold any Office and finally to vote in every
State and Territory of the United States As respects
he Territories they come within the power of con
yress, for as to them the law-making power is the
ederal power; but to the States provisions exist
resting in congress the power to make rules and regu
ations for. them.
The object of the second section Of the bill is to
ord discrimination and protection to colored per-
ons in the full enjoyment of all their rights secured
fItat, r,v