Delaware State journal and statesman., 1866-03-30
yE7O On THE CIVIL RIGHTS BILL.
r,us1DERTIAL OBJECTIONS TO
Tt1AT JUST AND PATRIOTIC
MEASURE AS SET
FORTH IN HIS
MESSAGE.
r. ia declared Unconstitutional,
and holds that 1t Opens the
Way to Outrage and
Fraud.
wAsnlraros, March 81, 1868,


g,,1, Senate Of tho United States
,ocret that the bill which has passed both
tlo.ecs of Congress, entitled AN oct 10 pro-
,act olI persons 10 the United states IN tneir
o;s;i rtgbts. and furnish The means ot 'heiI Nhui-
ca,ion. contains provisions whioh cannot hp-
rroy, consistently with my sense OF du'y 10 the
Whole ueope. md my Obligations 10 tue Oonsh
tu,op Of the United States.
iom therefore, constrained TO return ii 10
,hs senate. the House in which II originated,
,v;.h NV affections TO it's becoming law. BY
the frat section u the bill all persons horn In
tho limited States, and not subject TO any Foreign
nower excluding Indians not taxed, are declAr-
cd 10 he ci,izens Of the United States This
nroyiaion comprehends the Chinese Of the Pa
,iGo States Indians subject TO taxation, the
reonle call,d GypsiCs, as well AZ the entire race
designated ns blacks, people Of color, negroes,
inulattoes aud persons of African blood Every
individual OF these races horn in the United
States is by the hill made citizen Of the United
States. 1t does not purpose to declare or con-
fer auy other right of citizenship than " Federal
oitizolshp" 1t does not purport to give these
Glasses of persons any status as citizens OF
States except that which may result from their
status as c,izeus Of the United States The
pawer TO confer the right of State cit zeuship is
Just as 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 to he conferred on the several
ezcepted races before mentioned, is now for the
first time proposed to hc given by law. If, as
is claimed by many, nil pereOns who are nntive
born already are by virtue Of the Constitution
citizens of the United States the passage of the
pcnding bill cannot be necessary to make them
tuch II, on the other hand such persons are
uct ,tt hn q OrD
posed legislation to make them such, the grave
question presenis itself whether when eleven Of
the tLirty-six States arc unrepresented in Con-
gress ht this time il il sound policy to make
our entire colored population, and NIL other ex-
ccpted classes citizens of the United States
Four millions of them have just emerged from
slavery into freedom. Cnn it he reasonably
supposed that they possess the requisite qunli-
f,alion- to eniiile hem 10 all the privileges mud
immunities OF citizens Of the United States =
Have the people Of the several States expressed
such conviction? II mny nlso be asked
whether it is necessary that they should be de-
carel citizens in order that they may be SC
cured in the enjoyment of the civil rights pro-
posed to he conferred by the bill3 Those rights
are by Federal 40 we'll as State laws secured to
nll miciltd aliens and foreigners, even before
the completion of the process of naturalization
and it mny snfcly lie assumed that the same en-
actmeuts me sufficient to give like protection
aud benefits to those for whom this bill proYides
special Legislation.
Besides, the policy Of the Government, from
ta origin to the prceeut time, seems to have
been TINT persons who are strangers TO- and un
familiar with our institutions and our laws,
should p0ss through o certain probation, at the
end Of which, before attaining the coveted privi-
lege, they must give evidence Of their ftntss 10
receive and TO exercise the rights of citizens, as
r'r''mPlated by the Constitution Of the United
BtaSsE
... bill in effect proposes n discrimination
against large numbers of intelligent, worthy
aud patriotic foreigners, aud in favor OF the ne
gro to whom after loug years Of bondage me
avenues 10 freedom and intelligence bave Just
now been suddenly upcntd, He must OF neces.
siiy, from his previous unfortunate condition OF
scryitude, be less informed us to the nature and
character of our institutions, than he Who COM
ing from abroad, has, to some extent, at least,
iamiliariaed himself with the principles of n
Government to which he Voluntarily entrusfs
life. liberty and the pursuit of happiness. Yet
il is now proposed, by a single legislative enact
meut to confer the rights Of citizens upon all
persons Of African descent born within the eK
teuded limits of the Uritcd S'atee, while per-
sens of foreign birth who make our land their
homo. must undergo probation VI 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 M enumeration Of the rights
TO he enjoyed by these classes so made citizens
In every State aud Territory the United States,
These rights are to 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 full and equal
benefit Of all laws and proceedings for the secu-
rty Of person aud property as is now enjoyed
bv white citizeus So, too, they are made sub
jet 20 the same punishment, pains and penalties
IN common with white citizens anu 10 none oth-
eTs. Thus n perfect equality OF the white and
c0lored races ie attempted to be hxed ny federhl
law in every State Of the Union over the vast
fell Of State jurisdiction covered by these en-
umcrated rights, In no one Of these can any
eie ever exercise any pow Q" Of discrimination
heiTeen the different races 10 the exercise OF
State policy over matters exclusively affecting
ihc people Of each State, il has frequently been
thought Cxpedient to discriminate between the
two rnces.
By the statutes of some of the States,
Northern M well as Southern, it is enacted, tol
Instance tLat no white person shall inleTmarry
with negro or muatto. Chancellor Kent gays
speaking Of the blacks, that marriages be-
tween them and the whites are forbidden in
some Of the States where slavery does mot exist
and they ore prohibited in all the slave holding
states; aud when not absolutely contrary tc
law, they are revolving, ond regarded as an o.
fence against public decorum." 10 not say
that this bill reptAs State Rws on the subject oil
inarr'sge between the two races, for as the
whites are forbidden to iutermarry with ih'
blacks, the blacks can ouiy make such oontract'
hs the whites themselves ure allowed TO make
aud therefore cannot, under this bill, euter into
the marriage contract with the whites cite
THIS discrimination, however, as an insta CO o
ibe State policy ns t. discrimination, and TO in
quirc whether, il Congress oan abrogate oil
sthte laws Of discrimination between the two
races in the matter of real estate, of SUITS and
OF contracts generally, Congress may not ust
repeal the State laws as to the contract Of mar
rlhge between the two races. Hitherto every
sneect embraced in the enumeration of right
contained in this bill has been considered ms ex
s'ntvely belonging to the States they oil re
tate 10 lhe internal policy and economy Of The
respective States. They are matters which, il
each state, concern the domestic condition o
Tvs pc pie, varying in each according to iis owl
'c"liar circumstances aud the safety and well
being OF its own citizens.
DO NOT mem TO say that upon All these sub
lto.s there are not Federal restraints. Aa, fa
instance in the State power of legislation owe
contracts there Is Ftdernl llmltSilon that nj
state shall pass law impairing the obligation
o. contractsi and as to crimes, that no Stat
.hali no, PEGS an er-post tIeto law 10 money
W no o'p'e shall make anything but gold au'
suRer legal tender ltli Shere Oaa We Gnl
reueral prohibition against the power OF an.
o'ate TO Discriminate, n do most Of them, he
.nsen al'eus anl ciugens, between urtiiiea