The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1866-04-07
CIVIL RIGHTS EsiEEI.

CIVIL RIGHTS ssilE-.
The following are the material portions of
President Johnson's veto of the Civil
Rights bill. -
By the first section of the bill. all person.
born in the United States, aud not subject to
any foreign power, excluding Indians not
taxed are declared to be citizens of the Uni
ted States. This provision tomprehends the
Chinese of the Pacific States, Indians subject
to taxation, the people called Gypsies, as well
~ the entire race designaed as black, peo-
pie of color, negroes, muiattoes, and persons
of African blood. Every individual of these
races, born in the United States, is by the
BILL made citizen Of the United States. 1t
does not propose to declare or confer any
other right OF citizenship than Federal citi>
senship- 1t does not propose to give these
classes any status as citizens of States, exs
cept that which may result from their statur
as citizens OF the United States. The powe-
to confer the right of state citizenship is just
IS exclusively with the several states, as the
power to confer the right of Federal citizen
ship, is with congress. The right OF federal
citizenship, thus 10 be conferred in the several
excepted cases before mentioned, is now, for
the first time, proposed to be given by law.
If, as is claimed by many, all persons who
are na.ive-born are already, by virtue of the
Constitution, citizens of the United States.
the passage of the pending bill cannot be
necessary to make them such. It. on the
other hand. such persons are not citizens,
NAV be assumed from the proposed legisla-
dion to make them such, the grave questicn
presents itself whether, where eleven of the
thirty-six states are unrepresented III Con-
gress a. this time, 1t is sound policy to make
our entire coiored 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 reason
ably supposed that they posses the requisite
qualifications TO entitle them 10 all the privi-
!eges and inmunites of citiz enship of the
United States? Have the people of the sew
eral states expressed such a conviction? Il
may also be aSked, whether it is necessary
that they should be declared citizens in order
that they NAV be secured in the enjoyment
ofthe civil rights proposed to be conferred
by the BILL These rights are by Federal as
well as by state laws secured to all domICi.-
ed alien and foreigners, even before the CONS
pleton of the process of naturalization; and
it may safely be assumed that the same en-
actments are sulfieien; to give like protection
and benefits to those for whom this bill. pro-
vIdes special legislation. Besides, the policy
of the Government, from its origin 10 the
present time, seems to have been that persons
who are strangers to and unfamiliar with our
institutions and our laws. should pass through
certain probation, at the end of which, be-
fore allowing the coveted prize, they must
evince their fitness to receive and to exercise
the rights of citizens as contemplated by the
Constitution of the United States. The bill.
in effect, proposes discrimination against
large numbers of intelligent, worthy, and
patriotic foreigners. and in favor Gfthe negro;
TO whom, after long years OF bondage, the
avenues to freedom aud intelligence have
just now been suddenly opened. He must.
of necessity, from his preyi1ns unfortunate
conditions of serritude, be less Informed
to the nature and character of our institutions
than he who, coming from abroad, has, to
some extent at least, familiarized himself
with the principles of a government to which
be voluntarily intru.ts life, liberty, and the
pursuits of happiness. Yet it is now propos-
ed, by singl. legislative enactment, to con
fer the rights of citizens 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
only then become citizens upon proof
that they are of good moral character, attac h
ed to the principles of the Constitution Of the
United States, and we'll disposed to the good
section of the bill also contains On euumcra-
ton of the rights to be enjoyed by those elias,
ses so made citizens in every state and terri
tory of the United States. These rights are
to max. and enforce contracts; to sue, be
PARTIES. and give evidence; to Inherit, pur-
chase, lease, sell, hold, and convey real and
personal property; aud to have full and equal
benefit of all laws and proceedings for the
security of person and property as is enjoyed
By white citizens. So, too, they are made
subject to the same punishment, pains, and
penalties In common with white citizens, and
TO none others. Thus a perfect equality OF
the white and colored races is attempted to
be fixed by federal law in every state of the
Union, over the vast field of state jurlsdic-
ton covered by these enumerated rights. In
no one of them can any state exercise any
power of discrimination between different
races. In the exercise of state policy over
matters exclusively affecting the people oi
each state, it has frequently been thought
expedient to discriminate between the two
races. By the statutes of some OF the states
North as well as South, 1t is enacted, fol
instance, that no white person shall inter-
esarry with a negro or Rulatto. thancellol
Kent says, speaking of the blacks, that mar
riages between them and TIE whites are for.
hidden in some of the states where slavery
OOtS uOI cAisi' anu iiitF are trthlDIlcu II
all the saveholdirg states by law; and
when not absolutely contrary 10 law. theJ
are revolving and regarded as an offence
against public decorum. | do not say tha
this bill repeals state laws on the subject o
marriage between the two races, for as the
whites are forbidden TO intermarry with the
blacks, the blacks can only make such con
tracts as the white themselves are allowed IL
make, and therefore cannot, under this bill
enter into the marriage contract with the
whites. | cite this discrimination, however
as an instance of the state policy as to dis
elimination, and to inquire whether, If Con
gress can abrogate all state laws of discrimi
nation between the two races in the matte
of real estate, of suits, and of contracts gen
orally, Congress may not also repeal III
state laws as to the contract of marriage be
tween the races. Hitherto, every subiec
embraced in the enumeration of rights con
tanned in the bill has been considered as ex
elusively belonging TO the states They a
selats to the internal policy and economy o
the respective states. They are matter
which IN each state concern the dome,
tic condition of its people, varying in eacl
according to its own peculiar circumstances
and the safety and wellbeing of its own citi
Zens. ] do not mean TO say that upon al
these subjects there are not federal restraint
-as, for instance, in the state power of lepi,
lation over contracts there is federal limi
tation that no state shall pass law impair
ing the obligations OF contracts and as t