The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-03-28
THE VETO.

To THE SENATE TIE UNITED STATES
regret that the BILL which has passed both house of
Congress- entitled "An act protect all persons he
United States In their civil rights furnish the meaps
Of their vndicationn provisions which cannot
approve consistently with my Of duty 10 the whole
people and my obligations 20 the constitution Of the
United States am, therefore, constrained TO return IL
TO the Senate he House In which orignaed with my
objections to its becoming a law
By the first section OF the bin all persons born in tho
United States and not subject any foreign Power
GLIDING Indians not taxed declared be citizens of
tho United States. This provision comprehends
the Chinese OF the Pacific States Indians subject
taxation the people called Gypsics well the entire
race designated blacks people of color negroes
lattoes persons of African blood. Every individual
Of these born In the United States Is by the bill
made citizen OF tho United States II does not purpor
declare confer any other right Of citizenship than
federal citizenship; 1t does not propose to give these
classes OF persons any status citizens OF States except
that which may result from their status citizens Of
the United States. The power to confer the right OF
State citizenship Ia just exclusively with the several
States the power confer the right OF federal citizen
ship is with Congress The right OF federal citizenship
thus to be conferred In the several excepted ratios be-
fore mentioned is for the first time proposed to
be given by law. II, as Is claimed by many,
by virtue of the constitution citizens or the
United states-the passage OF tho pending bl
cannot be necessary to make them such II, on the
other hand such persons not citizens, as may be
assumed from the proposed legislation TO make them
such the grave question presents itself whether where
eleven Of the thirty six States unrcpresented in Con
gress at this tme Is sound policy to make entire
coored population all other excepted citizens
Of the United States. -Four million OF them have just
merged from slavery into freedom Can IL be reasonably
supposed that they possess the requisite qualifications to
entitle them to all the privileges and mmunities OF
citizenship Of the United states9 Have the people the
several States expressed such conviction It may
also be asked whether 1t is necessary that
| they should be declared citizens In order
that they may be secured In tho enjoyment Of the civil
rights proposed 10 be conferred by the bill Those
rights by federal well by state laws secured to
all domiciled aens and foreigners before the com
petion OF the process OF naturazation; and u may
safely be assumed that the enactments sufn
cient give like protection and benefits TO those for
whom this bill proyides special legislation Besides the
policy Of the government from is origin To the present.
| time, seems TO have becn that persons who arc
strangers 70, snd unfamiliar with, institutions
| and our laws should pass through n certain
prohibition at thend OF which, before attaining the
coveted prize they give evidence OF their fitness o
receive and 10 exercise the rights ctxons coniem
plated by tho constitution Of the United States The bill
In effect proposes discrimination against large numbers
OF intelligent worthy and patriotic foreigners and In
favor Of the negro TO whom after long years of bondage
the avenues 10 freedom and intelligence have just
been suddenly opened Ho Of necessity, from his
previous unfortunate condition Of scrvitude be less in
formed 10 the and character institutions
than he who comsg from abroad has 10 extent at
least, fAmillarized himself with the principles OF n
Il Al
| liberty and ths pursuit Of happiness. Yet II is
nA- p'oraAsa- 10 si-.,s '-s'-s--''. saaosment
| TO confer the HShn Of citizens npon all penons
Of African descent born whinhc extended limits q the
United stsiss whis persons Of foreign birth, who mako
land their hope, must undergo probation Of hvc
years. and only then become citizens spss psSs ss;
they OF good moral character attached 10 the princi
pies Of the consultation Of the United states and well
disposed to the good order and happiness OF The
The FIRST section u the bill also contains enumeration
Of the rights bs enjoyed by those classes made c
every State and Territory In the United States
These rights are:-To make and enforce contracts.
sue be parties and give evidence In court 70 Inherit
| purchase, lease, sell, hold and convey real and
personal property and have full and equal benent OF
all laws a,d proceedings for the secnry of persons and
property az enjoyed by white citizens; too they
are made subject to tho punishment, pains and
penat es IN with white citizens and TO none
| otherA Thus q perfect equality Of the white and
colored races IL attempted 20 be hxed by federal Law
every OF this Union the vast hed Of State l
rsdictIon coyeredby these enumerated nights In
of any State exercise any power o. ascrmna-
ton bswccn different 10 the exercise of state
policy matters exclusively affecting the people of
| each state Il has frequently been thought expe-
dent 10 Discriminate betveeD the two raes
| ny Tho statutes of some of the States.
North a. well a. South. II Is enacted Tor
instance that no white person shall in,ermary with a
negro or muiato Chancellor Kent says speaking n the
blacks that marriages between them and the whites are
forbidden Ia some Of states where slavery does not
exist and they are prohibited IN all the slaveholdng
states BY ag and absolutely contrary 70 iaw
they are rcvolting and reglrdd offence against
public decorum
Ido Mt say that this bill repeats state laws the
subject u marriage racs-, for, the
whites forbidden % lntcrmary with tho backs, The
blscks can only make such contracts the whites
themselves are allowed 10 make, and therefore,
cannot undsr this bill enter INTO The marriage
conirae, with the whites cite this discrmi.
nation, however, ins,ance u the state pollry
determination, and 10 inquire whether. Congress
can abrogaie all safe laws Of discrimination between tho
two race 10 tina matter cf rval estate of suits and u
contrsu generally. Congress may not also repeal The
state laws 70 the contract u marriage between tho
races. Hitherto every suhjec, embraced n The enumc
raton of rights contained In the bill bias been considered
a. exclusively belonging the States They ali relate
tho Internal policy and economy Of the respective
States Th~y matters which IN each STATE concern
the domestic condition Of IT, people vayng 10 each &C
cordng " s peculiar cirvumsanos and the safe,y
aud well being Of H. eiti1snA d. nos mean OsAy
that upon all these subjects there are bot federal re-
ran,s for instance In The STATE power of legislation
over ooutracts thsrs NJ FEDERAL limitation that no stat
shall pas law imparns The obish,iyns of ooniraeis
and TO crimes that STATE shall pass po, Jat'
sW, and, az 70 money, that no stA,s shan make any
thing but gold and silver iesa tender Bot where car
end federal prohilation against the power ~ ass
STATE " Discriminate A. 20 mos, Of uem, bs,~sen allen
and oitS-ns between artiseii psrsons called oorors
and naiu urnized pcrsots, IN the rght 70 bold