The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1866-03-30
VETO MESSAGE.
WASHINGTON, March q.

regret that the bill which has passed. both
branches Of Congress, entitlel "an Act To protect
all persons in the Untc State in their civil rights
and furnish the means Of their yindication,' con-
tains provisions which cannot approve consist
entity with my sense of duty Ia the whole people
anl my obligations To the Constitution ot the
United States. am, therefore, constrained to re-
turn il t. the Senate, the house in which II orig
mated, 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 for
eign powers. excluding Indians not taxed are 10
clared to he citizens of the United States. This
provision compartments the Chinese III the Pacific
States, Indians subject To taxation, the people
called gypscs rs well the entire race dcsignat'
cd ms blacks. people of color, negroes, mulattOcs
aul persons Of African blood. Every individual
of these races born in the United States is by the
bill made a citizen Of the United States. IL does
not purpOrt To declare or confer any other right
of citizenship than Federal citizenship IL does
not propose Ia give these classes of persons any
status rs citizens 81 States, except that which may
result from their status as citizens of the United
States. The pUwcr Ia confer the right Of State
citizenship is Just ~ exclusively with the several
States the power to confer the right ut Federal
citizenship is with Congress. The right OF Fed.
cral citizenship thus To he conferred in the several
excepted ratio" before mentioned is now for the
first time prnposc,l Ia lac given by law. Ii. as is
chimcl by many, all persons who are native born
already arc, by virtue or the Constitution, citizens
at the Unitcl States, the passage of the pcntlnG
hill cannot bc necessary To make them such. IL,
un the other haul, slch persons arr not citizens,
AS may hc assumed from the PROPOSED legislation
10 make them such, the grave question presents
itself whether, where eleven Ui the thirty six States
are unrcprcscntcd ia Congress NJ this time, IL is
sound policy to make our entire cOlorci popula-
ton, AMI all other excepted classes citizens Oi the
Unitcd States. Four millions have just emerged
irum slavery into freedom. Can IL reasonably he
Supposed that they possess the requisite qualtca-
tiOns Ia entitlc tlcm Ia all the privileges aud i'm
muntics uf citizenship of the United S,atesl Have
the people OF the several States expressed such
conviction? Ii may also be asked whether il is
necessary that they should he declared citizens in
order that they may be secured la the enjoyment
"f the civil rights proposed to be conferred by the
hill Those rights are by Federal, ~ well as by
State laws, secured To all d0micilcd aliens and
foreigners, even before the completion at the pro-
cess Of naturalization, AMI IL may safely be rs
sumcd that the same cnactmcnts are sufficient tn
give like protection and benefits to 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 strangers tn and unfamiliar with our institu.
tuns and our laws, should pass through certain
probation, Mt the end of which, before attaining
the coveted prize they must give evidence of their
fitness To receive and To exercise the rights oi cit
liens, rs contemplated by the Constitution of the
United States.
The hill. in effect, proposes discrimination
against large numbers OF intelligent, worthy anil
patriotic Foreigners and in favor Of the negro, Ia
whom, after long years Ut bondage, the avenues
to freedom and intelligence have just now been
suddenly opened. lie must OF necessity, from his
previous unfortunate condition of seryitude, be
less informed as to the nature and character Of
our institutions than he who, coming from abroad,
has tn some extent, ut least, familiarzed himself
with the principles of government to which he
voluntarily entrusts lilc liberty and the pursuit
Of happiness. Yet IL is now proposed, by single
legislative enactment, TO confer the rights Of cii-
zenship upon al persons of African descent born
within the extended limits Of the Unitel States,
while persons of foreign birth, who make our land
their home, must undergo probation Of five
years, aud can only then become citizens upon
proof that they are OF good moral character, at
tached to the principles of the Constitution Of the
United States, and we'll disposed to the good order
anil happiness of the same.
The first section Of the hill also contains an emu
meratiOn OF the rights to be enjoyed by those
classes so made citizens in every State and Terri
tory Of the United States. These rights are 10
make and enforce contracts To sue, be parties and
give evidence, to inherit, purchase lease sell hold
and convey real and personal property, and to
have the full and equal benefit of all laws and pro-
ccedings for the security of persons AMI property
"a is enjoyed by white citizens. SO, too, they are
made subject to the same punishment, pains and
others. Thus perfect equality of the white and
cOlorcl races is attempted to be fixed by FEEDER.
nj law in every State of the Union, over the vast
field of State Jurisdiction, covered by these emu
meratel rights. In no one Of them can any State
exercise any power OF discrimination between diff
fcrcnt races.
In the exercise of State policy over matters ex
cusiyely affecting the people of each State, II has
frequently been thought expelient To discriminate
between the two races By the statutes of some
of the States, North as well South, IL IL enact
ed for instance, that no white person shall inter
marry with negro or mula,to. Chancellor Kent
SAYS, speaking of the blacks, that marriages be-
tween them and the whites are forbidden IN some
of the States where slavery does not exist and
they are prohibited in all the sayehOdng State.
by law, and when not absolutely contrary To laws
they are revolving and regarded rs an oiiensc
against public decorum. do not say that this
Till rcpehls State laws on the subject ot marriage
between the two races, for rs the whites are for
hidden TO iniermarry with the blacks, the blacks
can only make such contracts rs the whites them
selves are allowed To make, and therefore cannot,
under this bill, enter into the marriage contract
with the whites.
| cite this discrimination, however, ms an in
stance Of the State policy "a IL discrimination,
and to inquire whether IL Congress can ahrnCatc
all State laws of discrimination between the two
races in the matter of real estate, Of suits AMI vt
contracts generally, Congress may not also repeal
tween the two raccsl Hitherto every subject en-
hrace,l in the enumeration Oi rights contained in
the hill has been considered rs exclusively belong
inc To- the States. They all relate ~ the internal
policy and economy ot the respective States.
They are matters which In each State concern the
domestic condition OF its people, urging in each
according Ia its own peculiar circumstances anu
the safety and we'll being Of its own citizens |
do not mean to say that upon these subjects there
arc not Federal restraints ~, for instance, in the
State power Of legislation over contracts there Is
a Federal limitation that no State shall pass law
impairinG the obligations Of contracts, aud as to
crimes, that no State shall pass an or post fdcfo
law and rs To money, that no State shall make
anything but gold and silver legal tender. But
where can we find Federal prohibition against
the power uf any State to discriminate, rs do most
ot them, between aliens and citizens, between ar |
tihcal persons called corporations and nnturalized
persons in the right TO hold real estate IL IL be
granted that Congress can repeal all State laws |
discriminating between whites and blacks in the |
subjects covered by this bill. why, IL may be ask
eli, why may not Congress repeal in the same way |
all State laws discriminating between the two |
races on the subject of suffrage and Office! III
Congress can declare by law who shall hold lands,
who shall testify, who shall have capacity TO make
a contract in State, then Congress can also by |
law declare who. without regard to race or color,
shall have the right to sit As juror ar as judge,
To hold any office. and finally to vote in every |
State and Territory Of the United States.
AS respects the Territories, they come within |
the power of Congress, for as to them the law |
making power Is the Federal power but as to the
States M similar provision exists ycsting in Con-
gress the power to make rules and regulations for
tbam