Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-04-03
One square one Insertion q
each additional insertion
rErn EaaLs
THE UNION DEFENDED
Message Of the President Veto.
Ing the civil Rights Bill"


protect all persons in the I nited States anC
furnish the means for their vindicauon,
contains provisions which / cannot APP
prove consistently with my sense ofduty
10 the whole people, and my obligations
% the Constitution Of the United States,
am. therefore, constrained 10 return IL
10 the Senate the House in which
il originated, with my objections to its
becoming law.
By the first section Of the bill, al per
sons born in the United States and not
subject 10 any foreign power, excluding
Indians who are not taxed, are de-
clared TO be citizens ofthe United States.
This provision c0mprehends the Chinese
Of the Pacific States, Indians subject to
taxation, the people called Gypsies,
as well a. the entire race designated as
blacks, people Of color, negroes, mu-
laUtoes, and persons OF African blood.
Every individual Of these races, born
in the United States, is by the bin
made a citizen Of the United States. 1t
does not puTpOrt 70 declare or confer any
other right OF citizenship than Federal
citizenship. IL does not purport TO
give these classes Of persons any status
as citizens Of states, except that which
may result from their status as citizens
Of the United States The power To con-
fer the right Of State citizenship Is just As
exclusively with the several States as the
power to confer the right Of Federal citi-
zenship Is with Congress.
The right of Federal citizenship thus
20 be conferred on the several excepted
races 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 viz
tue Of the Constitution, citizens Of the
United States, the passage Of the pend
ing bill cannot be necessary to make
them such. II. on the other hand, such
persons are not citizens, IS may be as
sumed from the proposed legislation to
make them such, the grave question pre-
sents itself, whether, when eleven Of the
thirty-siN States are unrepTesented in
Congress, at this time, it is sound policy
10 make our entire cOlOred population and
all other excepted classes citizens Of the
United States? -Four millions Of them
have Just emerged from slavery into free
dom. Can it be reasonably supposed that
they possess the requisite qualifications
TO eutitle them 70 all the privileges and
immunities Of citizens Of the United
States? Have the people Of the several
States expressed such q conviction It
may also be asked whether il is meces-
ssry that they should be declared citizens,
in order that they may be secured in the
enjoyment Of civil rights2 Those rights
proposed 70 be conferred by the bill are,
bv Federal as well as State laws, secured
% al domiciled aliens and foreigners,
even before the completion Of the process
Of naturalization and it may safely be
assumed that the sane ersctments are
sufficient TO give like protection and
benefits to those for whom this bill pro-
vides special legislation. Besides the
policy OF the Government, from IL origin
TO the present time, seems TO have been
that persons who are strangers 10, ana
unfamiliar with our Institutions and our
laws, should pass through a cerain pro-
baton at the end Of which, before al
tanning the coveted prize, they must
give eviieiioe Of their fitness 10 receive
and 70 exercise the rights Of citizens, as
contemplated by the Constitution OF the
United States.
The bin, in effect, proposes a adiscrimina-
ton against large numbers Of intelligent,
worthy and patriotic foreigners, and IN
fav OF Of the negro, 10 whomi after long
years ofbondage, the avenues 70 freedom
and intelligence have now been sud
denly opened. He must Of necessity, (
from his previous unfOrtUnate condition
OF servitude, be less informed AZ 10 the
nature aud character Of our insti- I
tutions than be who, coming from
abroad, has, 20 some extent at
least familiarized himself with the Frin- |
eiuIes of Government TO which lac vol !
unfairly entrusts " life, liberty ana the 4
Dursuif Of happiness - Yet IL is now pro- I
posed bv 8 single legislative enactment 1
to confer the rights Of citizens upon /
all persons Of African descent, born /
within the extended hmits Of the United /
States, while persons Of foreign birth, I
who make our land their home, must IN I
dergO q probation Of five yearz, aBd can 4
only then become citizens upon proof /
that they are Of "goOd moral character, |
attached TO the principles Of The C1nstl- |
tuition Of the United States, end well dis
posed tG the good order and happiness oi 1
The same"
The 6rst section Of the ill ais0 con- |
taius an enumeration Of the rights 70 De /
enjoyed by these classes, 50 made cit-
7ens. in every State and Territory IN 4
the United States These rights are
90 70 make and enforce contracts, % sue, /
he parties and give evidence, . Inherit /
purchase, lease, sell, bold and convey |
real and personal property" and TO have
d full and equal benefit Of ali laws and
proceedings for the security Of person i
and property, as is enjoyed by white /
So, too, they are made subject 4
~ die came punishmepts, pains and pen
ties, iH common with the white citizens, 1
aud 10 none others.
Thus a perfect equality Of the white and
cOlOred races attempted to be liked
by Federal law, in every State. Of the
Union. and over the vast field OF State
Jurisdiction, covered by these emu
merated rights. In no one Of these,
--.-- Erso#e ar-a~ arrarffan any ssrEFarpf n
discrimination between the different
races.
in the exercise Of State policy, over
matters exclusively affecting the people
Of each State, it has frequently been
thought expedient 10 discriminate be-
tween the two races. BY the sta
tutes Of some Of the States, North
era O. well a. Southern, it is enacted, /
for instance, that no white person shall IN
termarry with negro or rmulAJJ0, Chah-
cellOr Kent says, speaking OF the
blacks, that marriages between them
and the whites are forbidden in some OF
the States where slavery does not exist
and they Are prohibited in all the slave
Eciding states5 and when net absolutely |
CONTRARY 10 Law, taeg sIe FeVolti0gi aud
regarded Gs an otIeDse against public
dec0rum"
/ do not say this bill Eepeals
State laws on the EUUisgt ~ mar
riage between the two races. Tor a. the
whites are forbidden TO intermarry with
the blacks, the blacks can only makesueh
contracts As The whites them
selves are aiiCEcd 10 make, sHa therefore
cannot under this Lili enter iLlO the
Ia I1arrjage contract With tAe whites.
90 dds disoril, ipaiiop, however, as an |
{usts nee Of the 6late policy - b discrim-
ipation. and 60 inquire SEsti4ag, II Con-
gress can abrogate all State laws Of dis
,~.T-;,;,,,,..astion between the two races, in
ne matter Of real es,...-. VI 7uitsi ana ol
Contracts generally, Congress may t..,
also repeal the State laws as b the con-
tract OF marriage between tie two races2
Hitherto, every subject embraced IN the
enumeration OF rights contained ip this
bill has been considered rs exclusively |
belonging to the States. They all relate 1
10 the internal policy and economyof the /
respective STATES. They are matters /
sFfirh IN each State concern the dOmes- /
~ condition Of is people, varying in
each according 20 lls QWD peculiar CIR
cuustauoes, and the safety Snd well be-
ing OF It's own citizens. / do not mean
10 say that upon al these subjects there
are not Federal restraints. A., for in
stance, Ia the State power Of legislation
over contracts, there is a Federal limita- /
tion that no State shall pass law im-
barring the obligations Of contracts and
q 10 crimes. thst no State shall pa an
- posf f1ctO law; and a. 10 money,
that no State shall make anything but
gold and silver a legal tender. But
where can We find a Federal prohibition
against the power Of any Stateto discrim-
mate, as DO most Of tAaR between aliens
and citizens, between aItiaOial B6rsops
called corporations, and natural per
aous in the right 20 hold real estate? IL
n bs granted that Congress can repeal all
Etste lawE Discriminating hetween whites
nd blacks, ia The subjects covered hy
S,is bll, why, il. may be asked, may not 1
Congress repeal in the same way all
state laws discriminating between the |
two races on the subject Of suffrage and /
ofIlce? II Congress can declare by law |
who shall hOie lands, who shall !