Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1866-04-05
MESSAGE OF THE PRESIDENT
Vetoing the "Ciyil Rights Bill"
", Serafe OF fMe United States :


/ regret that the bill which has passed botl
Houses of Congress, entitled "An act to pro-
tect all persons in the United States in their
civil rights, and furnish the means for thelr
vindication," contains provisions which can
not approve, consistently with my sense oil du-
ty to the whole people, and my obligations 70
the Constitution of the United States. 1 am
therefore constrained to return it to the Senate
the House in which it originated, with my OBJ
jectons to its becoming law. ~
BY the first section Of the bill, all persons
born in the United States, and not subject 70
any foreign power, excluding Indians not tax,
ed. are declared to be citizens of the United
States. This provision comprehends the Chi
nese of the Pacific States, Indians subject to
taxation, the people called Gypsies, as well as
the entire race designated as blacks, people oil
color. negroes, mulattoes, and persons of Afri-
can blood. Every individual of these races
born in the United States, is by the bill made
a citizen of the United States. 1t does not
purport to declare OF confer any other right OF
citizenship than Federal citizenship. 1t does
not purport to give these classes of persons any
status as citizens of States, except that which
NAV result from their status 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 Congress.
The right Of Federal citizenship thus to be
conferred on the several excepted races 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 necessary to make them such. Ii,
on the other hand, such persons arenot citizens,
as may be assumed from the proposed legisla-
ton to make them such, the grave question
presents itself, whether, when eleven OF the
thirty-Six States are unrepresented In Congress,
at this time it is sound policy to make our en-
tire colored population and all other excepted
classes citizens of the United States -Four
millions of them have just emerged from slave
ry into freedom. Can it be reasonably sup
posed that they possess the requisite qualihca-
tions to entitle them to all the privileges and
immanities of citizens of the United States P
Have the people of the several States expressed
such conviction? 1t may also be asked
whether it is necessary that they should be de-
clared citizens, in order that they may be Sc
cured in the enjoyment Of civil rights Those
rights proposed to be conferred by the bill are,
by Federal as we'll as State laws, secured to all
domi, lied aliens and foreigners even tefJre
the completion of the process of naturalization;
.-l - .-,oy -f-i. - ii - Al =" -~..ie
enactments are sufficient to give likeprotection
and benefits to those for whom this bill pro-
vidcs special legislation. Besides, the policy
of the Government from its origin to the pres
ent time, seems to have been that persons who
are strangers to, and unfamiliar with, our in
stitutions and our laws should pass through
certain probation, at the end of which, before
attaining the coveted prize, they must give
evidence of their fitness to receive AID to exer-
else the rights of citizens, as contemplated by
the Constitution of the United States.
The bill, in effect, proposes discrimination
against large numbers ofintelligent, worthy and
patriotic foreigners, and in favor of the negro,
to whom, after long years of bondage, the ave-
nucs to freedom and intelligence have now been
suddenly opened. He must, of necessity, from
his previous unfortunate condition of servitude,
be less informed as to the nature and character
Of our institutions than he who, coming from
abroad, has to some extent at least iamiliarized
himself with the principles of Government
to which be voluntarily entrusts " life, liberty,
and the pursuit of happiness" Yet it is now
proposed, by single legislative enactment, 10
confer the rights of citizens upon all persons oil
African descent born within the extended linn
its of the United States, while persons OF for
eign 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 principles of the Constitution of the United
States. and well disposed to the good order and
happiness of the same"
The first section of the bill also contains an
enumeration of therights to be enjoyed by these
classes. so made citizens, ain every State and
Territory of the United States" These rights
are 10 make and enforce contracts, to sue,
be parties. and give evidence, to inherit, pur-
chase. lease sell, hold, and convey real and per-
sonal property" and to have full and equal
benefit of all laws and proceedings for the Sc
curity of person and property as is enjoyed by
white citizens" So, too, they are made sub
iect to the same punishment, pains, and penal
ties in common with white citizens, and to
none others. Thus, perfect equality OF the
white and black races is attempted to be fixed
bv Federal law, in every State of the Union, o
yer the vast field of State jurisdiction covered
bv these enumerated rights. In no oneof these
can any State ever exercise any power Of dis
elimination between the different races.
In the exercise of State policy over matters
exclusively affecting the people of each State,
it has frequently been thought expedient to dis
criminate between the two races. BY the stat
utes of some of the States, Not ern as well as
Southern, it is enacted, for instance, that no
white person shall intermarry with negro or
mulatto. Chancellor Kent says, speaking Of
the blacks, that !" marriages between them and
the whites are forbidden in some Of the States
where slavery does not exist, and they are pro-
hibited in all the slaveholding States, and when
not absolutely contrary to law, they are revolt
ing and regarded as an offence against public
decorum.
l do not say this bill repeals State laws on
the subject of marriage between the two races,
for as the whites are forbidden to intermarry
with the blacks, the blacks can only make such
contracts as the whites themselves are allowed
to make, and therefore cannot, under this bill,
enter into the marriage contract with the