Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-03-28
IE'|() No. 9!
The Civil Rights Bill
Torn to Atoms, and It's
Infamy and Corrup-
tiOn Exposed!
THE PRESIDENTS MESSAGE.

| 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 the means
| of their vindication," contains provisions
which l cannot approve consistently with
my sense of duty TO the whole>people and
my obligations to the Constitution of the
United States. lam, therefore, constrained
to return it to the Senate, the house in
which it originated, with my objections to
| its becoming 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, are hereby declared to be citizens of
the United States. This provision COM
prehends the Chinese of the Pacific States,
Indians subject to taxation, the people
called Gypsies, as well as the entire race
designated as blacks, people of color, me-
grOes, mulaltoes and persons of African
blood. Every individual of these races,
living in the United States, is by the bill
made citizen of the United States. 1t
does not purport to declare or confer any
other right of citizenship than Federal
citizenship. 1t does not propose to give
these classes of persons any status of citi-
zens of States except that which may result
from their act as citizens of the United
States. The power to confer the right of
State citizenship is just as exclusively with
the several States as the power to confer the
| right of Federal citizenship is with Con-
| gress. The right of Federal citizenship
thus to be conferred IN the several except
ed races (Or ratios) before mentioned, is
now for the first time proposed to be given
by law.
II, 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 can
not be necessary to make them such. If
| on the other hand, such persons are not
| citizens, as may be assumed from the pro-
| posed legislation to make them such, the
grave question presents itself whether,
where eleven of the thirty-six States are
unrepresented in Congress at this time,
1t is sound policy to make the 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
qualifications to entitle them to all the priv
ileges and immunities of citizens of the
| United States? Have the people of the sew
/
4 1t may also be asked whether it is necessary
that they should be declared citizens, in or
der that they may be secured in the enjoy
ment of the civil rights proposed to be con-
| terred 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 nat
uralization, and it may safely be assumed
| that the same enactments are sufficient to
give like protection to those for whom this
bill provides special legislation. Besides,
the policy OF the Government, from its ORR
gin to the present time, seems to have been
that persons who are strangers to, and un-
familiar with our institutions and our laws
should pass through certain probation, at
the end of which, before obtaining the cov-
eted prize, they must give evidence of their
fitness to receive and to exercise the rights
OF citizens as contemplated by the Consti-
tuition of the United States.
The bill IN effect proposes dissemination
against large number of intelligent.
worthy and patriotic foreigners, and in
favor of the negro, to whom, after long
years OF bondage, the avenues to freedom
and intelligence have just now been sud
denly opened. He must, of necessity, from
his previous unfortunate condition Of SER
vitude, 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 tamiliariZed himself with the
principles of a Government to which he |
voluntarily entrusts ''lile, liberty and the |
pursuits of happiness" Yet it is now
BY a single legislative enactment,
to confer the rights of citizens upon all per-
sons OF African descent born within the |
extended limits of the United States, while
Lersons Of foreign birth, who make our
land their home, must undergo probation |
Gf five years, and can only then become cit.
izens upon proof that they are of good |
moral character, attached to the principles |
of the Constitution OF the Unite States, and |
we'll disposed to the good order and nap
piness 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 in the United States
these rights ART, to make and enforce con-
tracts, to sue, tn be parties and give evil
lence, to inherit, purchase, lease, sell, hold
and convey real and personal property, and
10 have full and equal benefit of ali pro-
,eedings for the security of persons aud
property as is enjoyed by white citizens
So, too, they are made subject to the same
pains and penalties common
with white citizens, and to none others
Thus a perfect equality of the white and
,olored races is attempted to be fixed by
Federal law in every State of the Union,
)ver the vast field of State jurisdiction COW
,red by these enumerated rights. In no
me of them, can any State exercise any
)ower of discrimination between differ
mt races. In the exercise of State poll
" over matters exclusively affecting
he people of each State, it has tre-
Iuently been thought expedient to
between the two races. By
he statutes of some of the States, North as
veil as South, it is enacted, for instance,
hat no white person shall intermarry with
negro or mulatto. Chancellor Kent saws,
peaking of the blacks, that marriages ,
etween them and the whites are forbid {
EN- in some of the States where slavery ,
Oes not exist, and they are prohibited In I
II the eslaVeholding States by law, and when {
ot absolutely contrary to law, they are re- [
0lting and regarded as an otfense against {
ublic decOrum." / do not say this bill re- {
eals State laws on the subject of marriage
etween the two races, for as the whites are | {
to intermarry with the blacks. {
le blacks can only make such contracts as s
le whites themselves are allowed to make, I
nd therefore cannot, under this bill,
lter into the marriage contract with G
le whites. | cite this discrimination, z
Owever, as an instance Of the State policy 4
J to discrimination, and to inquire b
neither, If Congress can abrogate all State S
ws of discrimination between the two d
ices In the matter of real estate, of suits Ii
I'd of contracts generally, Congress may ii