Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1866-07-27
DELAWARE, OHIO, FRIDAY, JULY 81, 1866

OF the legislation contemplated By this
/ measure, reference may be had to the
| Civil Rights Bill, now a law of the land
/ which viii be faithfully executed so Ionq
/ as 1t shall remain unrepealed, and not be
| declared unconstitutional BY courts OF
I competent Jurisdiction. By that act it is
| declared that all persons born In the
| United States, and not subject to any for
| elgn power, excluding Indians not taxed
are hereby adeelargS to be citizens of the
| United States, and such citizens. Of every
race aud color, without regard to any
previous condition Of slavery or inYOlun-
tary servitUue, except as a punishment
for crime Whereof the party shall have
been duly convicted, shall have the same
rights 10 every State and Territory In the
United States, to make and enforce con-
tracts, 20 sue, and give evidence, to inheF-
it. purchase, lease, sell or convey real and
personal property, and TO the full bene-
fits of all laws and proceedings for the
security Of persons and property as is en-
iOyed by white citizens, and shall be sub
leet to ike punlshments and penalties,
and to none other, any law, statue, Ordin-
anee, regulation or custom to theeontra-
~ notwithstanding By the provisions
of the act full protection Is afforded
through the District Courts Of the United
States to all persons injured, and whose
privileges as thus declared are In any way
impaired, and heavy penalties are pro-
nOuuced against the person who Wilfully
violates the law
I need not state that the law did not re-
eeive my approval, yet its remedies are
far more preferable than those proposed
IN the present blll-the one being civil, and
the other military.
By the sixth section of the bill herewith
returned, certain proceedings by which
the lands IN the parishes of st. Helena and
st. Luke were sold and bid in, and after
wards disposed of by Tax Commissioners,
are confirmed and ratified. By the 9TH, Sth,
9Th, 10Th and 11th sections provisions are
made by law for the disposal of the lands
thus acq uired to particular class of citi-
zens, while the granting of titles is deemed
very important and desirable. The dis
elimination made in the bill seems Objec-
donable, as does also the attempt to confer
upon the Commissioners judicial power by
which citizens of the United States are to
De deprived of their property in mode
contrary to the constitution, which declares
that no person shall be deprived of life,
limb or property without due process of
law. AS a general principle such legisIa-
ton is unsafe, unWise, partial and uncon-
SGitutiODal. 1t may deprive persons OF
their prorerty who are equally deserving
objects of the nations bounty as those
whom by this legislation Congress seeks
to benefit. The title to the land thus to be
pOrtiOned out to a favored class of citizens,
must depend on the regularity of the tax
sales under the law as it existed at the
time of the sale, and no subseq quent legis-
latiOn can give validity to the rights thus
acquired against the original claimants
The attention of Congress is therefore in
vited to a more mature consideration of the
measure proposed in this section of the
bill.
In conclusion, I again urge upon Con-
gress the danger of class legislation, so
well calculated to keep the public mind in
a state of uncertain expectation, disquiet
and restlessness, and to encourage inter
ested hopes and fears that the National
Government will continue to furnish to
classes of citizens in the several States
means of support and maintenance, re-
gardIess as to whether they remain indO-
lent or industrious, and regardless also
of the constitutional Limitation of the ma
tionaI authority in times of peace and
tranquility.
The bill is herewith returned to the
House of Representatives, where it origin
ated, for final action.
ANDREW JOHNSON,
President of the United States
Washington, D. c., July 16, 1866.