Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-04-03

veto message, OF the measure known as the
Civil Rights Bill: va ~
IL the Senate IF the Jnhed 4Siates:
regret that the bill which has passed both
Houses of Congress, entitled '' An act to pro-
tcct all persons in the United States in their
civil rights, and furnish the means of their
vlndication,' contains provisions wtich l can
not approve, consistently with my sense of
duty to the whole people and my obligations
to the Constitution of the United States
am, therefore, constrained to return it to the
Senate, the House in which it originated, with
my objections to its becoming law.
By the first section OF the bill, 81 all persons
born in the United States and not subject to
taxed" are declared to he citizens of the
United States. This provision comprehends
the Chinese of the PAcGc States, Indians
subject to taxation. the people called gypsies
as well as the entire race designated as blacks
people ct color, negroes, mulattoes, and
persons of African b!ODd-cvery individual
of these races born in the United States is by
the bill made citizen of the Unite,i States
1t does not purport to declare or confer any
other right of citizenship than Federal citizen
snip. 1t does not purpOrt to e i've these classes
vi persons any Status ;iS citizens Of States ex-
cept that which may result from their
The power to confer the right Of State cti>
zenship is just as exclusively with the. sew
craI States as the power to confer the right
OF Federal citizenship is with Congress. The
right OF Federal citizenship thus to be con-
terrcd on the several excepted races before
mentioned is now for the first time proposed
to be given by law IT,, as is claimed by
many. all persons who are native born, already
are by virtue Of the Constitution citizens OF
the United States, the passage of the pending
bill cannot he necessary to make them such
If. on the other hand, such persons are not
citizens. as may be assumed from the pro-
posed legislation to mlkc them such, the
grave question presents itself whether, when
eleven Of the thirty six States are unrcpre-
sented IN Congress at this time it is sound
policy to make our entire colorcd p5pulatiOn
and all other excepted classes, citizens Of the
United States -Four millions of them have
just emerged from slavery into frecdom.-
Can 1t be reasonably supposed that they pos
scss the requisite qualifications to entitie them
to all the privileges aud itnmuntics of cti-
zcns of The United States? Have the peo-
pie of the several Statcs expressed such
conviction? 1t may also be asked whether
it is necessary that they should be declared
citizens in order that they may be secured in
the ENJOYMENT of the civil rights proposed
to be conferred by the bill? Those rights
are by Federal. as we'll us State laws secured
to all d"lniciIed aliens and foreigners, even
before the completion Of the process of natu-
raiization. and it may safely be assumed that
the same cnactments are sufficient to 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 tim", seems to have beep that
persons who are strangers to and unfamiliar
with our institutions and our laws should pass
through certain probation at the end of
which. before allowing the coveted prize. they
must give evidence of their fitncss to receive
and to exercise the rights of citizens, as CON
templatcd by the Constitution Of the United
States. The bill. i'll effect, proposes dis
elimination against large numbers Of intclli-
gent, worthy and patriotic foreigners, and in
favor Of the negro, to whom, after long years
of boTda2e, the avenues to freedom and in
tetligence have just now been suddenly OPEN
ed. lie must OF necessity. from his previous
unfortunate condition of servitude bc less in
formed as to the nature and character Of our
institutions than he who coming from abroad
has to some extent at least Elmliarizcd him
self with the principles of a Government to
which he volun :arily cntrusts life. liberty. and
the pursuit of happiness. Yet it is now pro-
posed, by single legislative enactment, to
confer 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 u probation Of five years, and
can only then become citizens upon proof
they are of good mnral character attached to
the principles Of the Constitution ofthe United
States. and we'll d!snoscd to the good order
and happiness of the same. The first section
OF the bill also contains enumeration Of the
rights to be enjoyed by these classes. so made
citizens in every State and Territory in the
United States. These rights are :. to make
and enforce contracts, to sue be parties, and
give evidence oinherit. purchase. lease, sell,
hold and convey real and personal property;
and to have tli1l and equal benefit Of all laws
and proceedings for the security of persons
and property as is enj"yed bv white citizens"
So, too, they are m;tde subject to the same
punishment. pains and penalties in common
with white citizens. anl none others" Thus
Il perfect equality Of the white and colorcd
races is attempted to be fixed by Federal law
in every State # the Union, over the vast
field of State Jurisdiction covered by these
enumerated rights In no one of these can
any state ever exercise any power of dis
crimina'ion between the different races. In
the exercise of State policy over matters .ex-
ctUsive'y affecting "hc people Of each State
1t has frequently been thought cxpedient to
discriminate between the two races BY the
statutes OF some of the States Northern rs
we'll as Southern, it is enacted, Tor instance,
that no white person shall intermarry with
| negro or mulatto Cha: cclor Kent says,
speakines 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 ali the slave
holding States; and when not absolutely
contrary to law, they are revolving. and re-
garded asian offence against decorum." 1 do
mt say that this bill rerehls State laws on
the subject of marriage between the two races.
for as the whiteslare fIrhidden to internarru