Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-03-28
VETO OF THE CIVIL RIGHTS BILL.

At the time of going to press last night. had no
time to consider fairly the points made in the new
Presidential veto which appears in columns this
morning. We sp5oin, however, the brief comments
Of tho Washington STAR as follows:
"Suhjoned will be found the important message of
the President to the Senate of the United States.
giving his for returning tho civil rights bill
without his approval. These reasons are set forth
most clearly and conclusively and must afford con-
vincing proof to every fair mind that the BILL as
passed, had fatal defects. rendering it impossible for
the President to give his assent to it,"
TO the Senate Of the United States:
regret that the bill which has passed both Houses
of Congress- entitled IAN act to protect all persons
in the United States in their civil rights, and furnish
the for their vndicaton." contains provisions
which cannot approve o. consistently with my sense
Of duty to the whole PEOPLE, and my obligations to
the Constitution Of th6-uni States. [ there
fore constrained TO return it to the Senate the House
in which it originated with my objections to its be-
coming 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, declared to
be citizens of the United States. This provision
comprehends the Chinese of the Pacific States, In
dians suhject 70 taxation, the people called Gypsies,
as well as the entire race designated as blacks peo
pie OF color negroes, muatOes, and persons of Afr
can blood Every individual Of these races, born in
the United States is by the bill made a citizen of the
United States does not puIport to declare or con-
fer any other right Of citizenship than Federal cit
Zenship 1t does not purOc 10 give these classes Of
which result from their status rs citizens of the
United States. The power to confer the right of
State citizenship is Just exclusively with the
ea States as the power to confer the right of Federal
citizenship is with Congress.
The right OF Federal citizenship thus to he
ferred on the eyeral excepted races before mention
ed is now, Ter the first time proposed TO be given by
law. II, as ls claimed by many, ali persons who are
ycborn, already are By virtue Of the ConStitu
tiOn citizens Of the United States the passage Of the
pending bill cannot be necessary to make them such
If, the other hand, such persons are not citizens
DrDDOSai taptSa9TIOn n
make tn IN such. the grave question presents ITSELF
whether when eleven of the thirty-s!x States are
unfepresented IN Congress, this time it sound
policy to make our entire cOored population and all
other excepted classes citizens of the United States?
Four millions of them have just emerged from Slaver
ry INTO freedom Can II be reasonably supposed that
they possess the requisite qualifications enltle
OF the United StatcS2 Have the people of the sew
erai States expressed such conviction 1t may also
be asked whether is necessary that they should be
declared citizens, in order that they may be secured
in the enjoyment Of civil rights1
Those rights proposed tobe conferred by the bill;
are, by Federal well State laws, secured all
domicied aliens and Foreigners even before the com
pletion Of the process of naturazation and it may
safely be assumed that the same enactments suf-
tclent to give like protection and benefits to those
Tor whom the bill provides special legislation. Be-
sides, the policy of the Government from its origin
to the present time, TO have been that persons
who are strangers to, and unfamiliar with, nsti
tulons and laws should pass through certain pro-
baton, at the end of which, before attaining the
coveted prZe, they must give evidence OF their fit
ness to receive and exercise the right of citizens
contemplated by the Constitution of the United
States. The BILL in effect. proposes discrimination
against large numbers of Intelligent, worthy and
patTIOtlc foreigners and IN favor Of the negro, to
whom. after long years of bondage the avenues to
freedom and intelligence have now been suddenly
opened. He must CT necessity, from his previous
fortunate condition Ofservitude be less informed
to the nature and character Of institutions than
ne VINO, coming from abroad has, to some extent,
at least familiarized himself with the principles of
government to which he voluntarily entrustS life,
liberty, ana the pursuit OF happiness Yet it is now
proposed. by single legislative enactment to confer
scent born within the extended limits of the United
States while persons of foreign birth, who make
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
otateS and well dlsposedto the good order and hap
The first section of the bill also contains an enume-
ration OF the rights to be enjoyed by these classes
made 9ltlzens in every State and Territory in the
United States" These rights are: TO make and en-
force contracts to sue be parties and give evidences
" oIiI, Putcudse. Iesse, sell iold arg convey real
ana personal property, and 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 punish
ment. pains and penalties in common with white cti-
Zens, and to none others. Thus perfect equality of
the white and black races is attempted to be fixed by
Federal law, IN every State Of the Union over the
vast field of State jurisdiction covered by these emu
merated rights, In no one of these can any State~
eyer exercise any power OF dl elimination between
the different races.
In the exercise of State policy ever matters excu
slFcy anecln2 the people OF each State, ii has fire.
quently been thought eXpedient to discriminate be-
tween the two races. By the statutes of some Of the
States Northern as well Southern. it is enacted
Tor instance that no white person shall nter-marry
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 prohibited
IN all the slaveholdiGg States, and when not abso-
lutely contrary to law, they ara reFolting and
garded as an offence against public deCOrum."
do not say this bill repeas State laws on the sub
Jeet OF marriage between the two races for as the
whites are forbidden TO ntermarry with the blacks
the blacks can only make such contracts the VIII
themselves allowed to make, and therefore can
not under this bill enter into the marriage contract
with the whites. ] cite this discrimination, how
ever. as an instance OF the State policy as TO dis
cImlnatlon, and to inquire whether if Congress
tween the two races in tue matter Of real estate; of
SUITS and OF contracts generally, Congress may
of marriage between the two races? Hitherto
every subject embraced in the enumeration of
rights contained in this bill, has been considered
as exclusively beionging 20 the States. They
all relate to the internal nolcy and economy 0f the
respective States. They are matters which in each
State concern the domestic condition of its people,
varying IN each according to its own peculiar cir
eumstaEeeS, and the safety ard well being Of its
subjects there are not Federal restraints as for in
stance, in the State power Of legislation over con-
tracts, there is Federal limitation that no State
snail pass law lmpalTing the obligations of con-
tracts, and as to crimes that no State shall pass an
er Lostdct2 law; and as to money that State shall
make anything but gold and silver legal tender
But where can we find Federal prohibition against
the power of any State to discriminate as do s of
them, between aliens and citizens, between artificial
persons called corporations and natural persons in
the right to hold real estate3
If it be granted that Congress repeal all State
the subjects covered by this bn why it may be
asked, may not Congress repeal in the same way all
State laws discriminating between the two races on
the subjects OF Suffrage and Gticef If Congress
declare by law who snail hold lands, who shall tes
tity, who shall have capacity to make contract in
State, then Congress can by law also declare who
without regard to color race, shall have the right
to sit as juror or as aJudge to hold any office, and
United States" AS respects the Territories, they
come within the power Of Congress, for to them
the law making power is the Federal power; but as
Congress the power TO make rules and regulations
for taem.
The object of the second section of the bill is to af
ford discriminating protection to coOred persons in
the full enjoyment of all the rights secured to them
by the preceding section 1t declares that any per-
son who, under color of any law. statute ordinance
regulation custom, shall subject, or cause to ho
subjected, any inhaLi4nt OF any Stale OF Territory
to the deprivation of right secured or protected
by this act different punishment pains or PEN
alties on account of such person having at any time
been held in a condition of slavery or involuntary
the party shall have been duly convicted or by rea
son of his color or race than is prescribed for the
punishment of white persons shall be deemed guilty
of misdemeanor and, on conviction shall he pun
iShed by fine not exceeding thousand dollars or
imprisonment not exceeding year, hoth in the
discretion of the court"
This section seems be designed TO apply to some
existing or future law OF State or Territory which
may conflict with the provisions of the bill now uD-
der consideration. IL provides for cOunteractng
such forbidden legislation by imposing fine and i'm
prsOnment upon the legislators who may pass such
conflicting laws. upon the officers and agents who
shall put, attempt to put them into execution 1t
means official offence not common crime com
mitted against law upon the person property of
the black race; such ar act may deprive the black
man of his property but of the right to hold prop
erty 1t means deprivation of the right ITSELF either
by the State Judiciary the State Legislature 1t
therefore assumed that under this section members
of the State Legislatures who should vote for laws
conflicting with the provisions of the bill that Judges
of the State courts who should render judgments in
antagonism with its terms and that marshals and !
sheriffs, who should, ministerial officers execute
processes, sanctioned by State laws and issued by
State judges in execution of their judgments could
be brought before other tribunals and there subjected
to fine and Imprisonment for the performance of the
duties which such State laws might impose. |
The legislation thus proposed inyades the judicial
power of the State 1t says to every State court or
judge, if decide that this act is unconstitutional
if you refuse, under the prohibition of State law to
allow negro to testify, if you hold that over such
the State law is paramount and un-
der color of State law refuse the exercise of the
right to the negro, of Judgment, however
conscientious, shall subject sou to fine and imprison-
ment do not apprehend that the conflicting legia-
lation which tho bill seems TO contemplate is so
likely to occur as 1t necessary at this time
adopt measure of such doubtful constitutionality.