The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-04-05
THE CIVIL RIGHTS BILL VETO.
Message Of President johnson. 4
His OBJECTIONS to tEe EsiII. sr.
WARRINGTON, March q.

aas. WARRINGTON, March q.
To the Senate of the United States
regret that the bill which has passed both
Il ruses Of Congress entitled ian act to protect
all persons in the United States in their civil
rie hts and furnish the means OF their vndlca-
lou" contains provisions which cannot ap-
prove consistently with my sense of duty to the
whole people and my obligation to the Gonsti-
ration of ;be United States, am therefore, con-
strained 10 return it TO the Senate. the House in
which il originated, with ny objections TO lIts
hecom ng q law.
by the first section Of he bin all persons born
| the United States aid not subject to any Tor
eign power including Indians "ttaxed, are de-
clat ed to be citizens of the United States. This
pro, lsi"n oomprehends the Chnese of the Pa
clfic STATES, Indians subject TO taxation. the
people called Gipsies as we'll as the entire race
designate rs blacks, people OF color, negroes,
mula.toes and persons ut African blood Every
Individual OF these races, born in the United
States, IL, by the bill, made citizen nf the
United States L. does moi purport to declare
confer any other righ, of citizenship than ed
-rai citizens hip. It does not propose to give
fheae ella of persons any status ct citizens OF
States except that which may result from this
status as ciiIzens of the United States. The
power to confer the right of State citizenship ls
jurt rs extensively with the several Staies as
the power to cpnter the right OF Federal citizen
ship is with Congress. The right OF federal
excepted States before mentioned, Is now for the
first time proposed to be given by law.
If, as is claimed by many, all persons who
are native born already are, by virtue ct the
Constitution, citizens ofthe United States, the
passage of the pending bill cannot Ue necessary
70 make them such Ii on the other hand, such
persons not citizens, as may be assumed
from the proposed Legislation 10 make them
such, the grave question pre- en's itself whether,
when eleven of the tbirty-sIx states are un ep-
~ len No, Ia
policy to max Q cur entire coIured popnlation,
aud al other excepted classes, citizens OF the
Quilted States. Four millions nj them have Juet
emerged from slavery INTO freedom Can II oe
| reasonable to suppose them TO possess Tue re-
quisie alfca lions TO enIitie them 20 Az me
/ privilege and immunities OF citizenship lave
thu people ut the several States expressea such
a conviction 1t may also be asked WIENER II
) necessary that they should be 0eelAred GILL
zens in order that they may be secured IN me
enjoyment Of the civil rights proposed TO be
conferred bv the bill. These rights are by Fed
eraI as we'll AS by State laws, secured TO all
d miced aliens and foreigners, even before 'ne
oIncess OF naturalization, and 1t may be safely
assumed that The same enactments are srihc'eh.
| t give like protection and benefits TO those Tor
VIII ON the bill provides special legis AMEN. Be
| sides the policy of the Government from It's orr
| gin 10 ne present time seems |" nave "ee"'
that persons who are strangers TO ana uiiaihlildt
| wits our institutions ard our laws, should pass
thronph = certain probation, at the end OF which,
| before allowing them the coveted prize, tney
must give evidence # their fitness TO receive
and TO exercise the rights oi cElzens rs c"htsm-
| plated, by the Constitution. Inc MI, III envc'
prnpuses Discrimination against larger mum
uers OF lntelse worthy, and patriotic Tor
+igners aud in favor o: The negro, 10 Whum,
| after long years Of bondage, The avenues 10
| freedom and intelligence have Just now been
| suddenly opened. He INNS of necessity, rom
nj. d. evious unfortunate condition OF strVtude,
| h. las inf ~
of ouli institutions than he who ccmng from
! abroad has to some extent at least ia niuarZeo
| nimseli wi the principles OF government 10
| which be voluntarily entrusts he, hoer'y anu
the pursuits Of happiness. Yet II ls now pro-
posed by a sir gle legis lalve enactment, to CON
Ter the rights of citizens upon all persons OF Al
Irican rescent born within the extended tifIlts
OF the United States, while persons OF I"reish
birth who make our land their home, must uE-
dergo a probation oil five years, and can only
then become citizens upon proof that iney are
,t g,ud moral character, attached 10 Inc primer
D es of the Constitution of the United STATES
and we'll disposed to the good order ana happi-
| ness OF the same.
The frat section Of the bill slso contains an
enumeration Of the rights I" be enjoyed by
thoSe classes of 80 mace citizens, IN every SVale
aud Territory ia the United STATES, These rights
wake aud enforce contracts, I" sue the
...- 5... -.....--- ." inherit, purchase,
parties and give evidences -. ~.
Tease, sell, hold aud convey real and pereol.
pi, pertv, and to have the full and equal benefit
i al laws and proceedings for The security OF
| 9@rsons aud property IS enjoyed by white
| c'nzens so, too, they are made su ec to The
same punishment, pains and penalties comm n
with white cil2ens and to none others. Thus a
perfect equality otthe white ard colored races
Is attempted TO be fixed by federal law in every
Stale IN The Union "ver The vast field OF STATE
ia isdciion covered by these enumerated rights
In NO one OF them any State exercise
FAY BE-. power OF discrimination be-
ween rhv different races In the course of
State policy over matters exclusively affecting
the people OF ea' State, it has frequently been
thought expedient 10 discriminate between the
two races. BY the rtatu es of SONS OF the States
North as well as Southt is enacted tor instance
that no white person shall internerry with he.
gro or mnlatio. Chancellor Kent says, speaking
of the blacks, that marriage between them and
the whites are forbidden In some Of the State
where slavery does not exist; they are prohibited
all the slavehOlding States by law and when nos
absolutely contrary 10 law, they revolving
and regarded as an offence against pubic deco
ram. do not say that this bill repeals u ate
laws on the subject OF marriage between tie two
races, for the whites are forbidden to inter-
marry with the blacks. the blacks can only
make such Contracts s. the whites themselves
are allowed to make aud therefore cannon under
this bill, enter into the marriage -coDtract with
be whites. cite ihis discrimination however,
an instance of the Stale policy AS - dIsci i'm
nation and 10 enquire whether, # G 'ngress can
abrogafe all State laws of Discrimination be- |
tween the two races, 10 The matter of real est ate
of suits and of contracts generally, Congress |
rnay not also repeal the State laws e. to thAcdn
.ract OF marriage between the races. Hitherto |
every subject embraced in the enumeration of
rights contained in the bill has been considered |
: exclusively belonging to the States. They |
all relate to the Internal policy and economy OF
he respective States. They are matters which /
IN each State concern the domestic condition OF
its people, varN ing in each according to its o8n |
peculiar circumstances and the safety and well |
being OF its own citizens. 1908 Itt'i
l do not mean TO say that upon ali the sub
ects there are not Federal restraints. as for in
,rance on the State power of legislation over |
contracts there il a federal Limitation that no !
State sh all pass law impair'ng the obligation |
OF contracts, aud az To crimes, that no States |
bail pass eG post JactO law, and as to money, |
hat no State shall make auy hing but gold aud |
liver legal tender. Bat where we find |
ederat prohibition against the power OF any |
StHte to discriminate as do most Of them, be-
tween aliens aud clI'zens between artificial per |
sous called corporations, aud uaiurallzed per-
nn~, IN the right t huid real e-tate. Ii Ii be
granted that Congress can repeal ~ State laws
discriminating betw cen whit es aud blacks on the /
s objects covered by This OIL Why, il may be
asked. may no Congress repeal III the same way |
all State laws disori fnina.ing between The two
races on the subject Of suffrage aud office. Ii
Congress can declare by law who snail hold |
lands who shall testify, who shall have capacity |
TO make contract in State, then Congress can
also, by la ", declare by who without regard /
TO race or COLOR shall have the right TO sit
juror oI as judge, to hold any Office and final
~ to vote in every State and Territory OF the
United States AS respects the territories they /
come within the power OF Congress, for a. TO |
tb EN- the law making power Is the federal pow
er, but a. to States 80 similar provision exists, /
giving Congress the power to make rules and
legu iatons Tor them, /
The object of the second section of The bill |
afford discriminating protection TO col0red |
perrons IN the full enjoyment 1T all the rights |
seeu ed to them by the preceding section. IL
declares tina a pc son, VIII, under eeor OF
my iaw statute "rduance, regulation ur Gus
t5f1i tnal subject cause tn ne subjected any
rupabu ant ot any State or Territory 10 the de !
pcivaIion Of ri.ht secured or pro fecfcd by this
&c, &c todiffersut punishment, pains or penal
ties, on account of euch person having at any
time be- he'd 10 condition of slavery s,r anil