Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1866-04-12
6kIs.. APRIL i, 1866.
a Civil Rights Bill-Ths Veto
: The Result. -

: merits of the Dill ltsen: we nave
never attached so much Importance
to the measure as some others, be-
cause, in our opinion, it did little
more than to declare the law as we
already understand it ~ a5Es
! The arst section of the bill simply
declares who are American citizens;
and in this declaration simply follows
the law as it has always been under
stood by jurists.- Every free person
born under the jurisdiction of a gov
ernment is citizen of that govern
ment, owing to it allegiance and en-
titled to its protection.
The word citizen has no connec-
ton with the question OF suffrage,
saving that none but citizen can be
allowed to vole under our constitu-
tional Government; but a man may
be citizen and vet be not entitled
$ to vote. A large body of citizens in
England have no right of voting, and
in despohc Governments no one en-
Joys tnat right, yet in such Govern
ments there is q right of citizenship
as much as in any other Govern
ment. Hence there is no substance
in the Presidents objection, that the
effect of this law will be to confer
the right of suffrage on the emanci-
pated population of the South. This
bill does not in the least interfere
with the right of the States to regu
late the question OF suffrage accord
ing to their own notions of right and
expediency. Such an objection is,
therefore, simply absurd.
Another objection brought against
the bill is that it will punish mem
bers of the State Legislatures and
Judges for an honest discharge OF
their duties, and we are surprised to
see that some Union members of
Congress took this view of the bill.
This objection is as little tenable as
the other. The essence of all crrni-
nali.y consists in the wiLfulness of the
act. No party can be guilty of q
crime while engaged in the discharge
of public duty. A member of 3
Legislative body, or q judge as such,
have public duty to perform-the
one to vote for or against proposed
law; the other to decide the case that
is presented before him, and they
must act in some way, and in this
action each has no discretion-they
must set one way or the other. In
the performance ofsuch duty, there
csn be no -criminality; hence any law,
(which should seek to punish a judge
or legislator, in the one case fol
voting for or against law, or in the
other for deciding case either the
one way or the other, would be un'
constitutional and void. Erroneou:
judgments are to be corrected by an
appeal to 8 higher court, and an un
constitutional act of legislation viii
not be carried out by the judiciary
It is thus apparent that this act can
not be applied to Legislators o
judges; nor does it in terms apply Il
them. 1t simply inficts penalt.
on those who shall wilfully conspir
to defeat its application in prope
case.
When the President, therefore
makes this objection to the law, b
in the first place miseonstrues it
language, and then misapplies it
provisions thus miscontrued. Th
truth is the objections are all of
similar character. An effect is frs
gwen to the act which it has not, an
then this misconstruction is brough
forward as an objection to the la
itself. In our opinion, the reason
given for the veto have in fact no ez
istence-are far fetched, hunted u
to justify an act that has no vail
justification in itself considered. I'll
whole message shows predeterm
nation TO defeat the action of Coz
gress, and reasons are hunted up
give semblance of justification
his unwarrantable act
While then we do not deem Il
civil rights bill SO vital as maj
others do, we must nevertheless co
demn The veto of the President, b
cause he exhibits in his reasoning
disposition to break with Congress
and obstruet its legislation, unless
conforms that legislation to his P
culiar notions. The duty of Il
Presidents plain;he should acquies
in the action of the great majority
the Union party on a question
either expediency or constitution
law; the courts being left free to e
force or not the law, as it should d
eide it constitutional, On the que
tons growing out of the closing
of this civil war, there will be {
yerslty of opinions; it cannot be OF
erwise; and the opinion of the m
iority must be acouieseei in! or NOT