Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1866-04-06
The Civil Rights Bill Returned TO
Congress.
T HE VETO .

To The Senate Of the Uniiea States:
regret that the bill, which has passed botl
houses of Congress, entitled IAN act TO protec
all persons in the United States in their ciyi
rights and furnish the means Of their yindica
tion," contains provisions which | cannot ap-
prove consistently with my sense Of duty to The
whole people and my obligations to the Consti
tuition Of the United States. | am, therefore
constrained to return it to the Senate (the Hous,
in which it orsiuatel) with my objections to its
becoming law.
By the first section Of the bill all persons born
| in the United States anl not subject TO any for
eign Power, excluding Indians not taxed, are
| declared 10 be citizens Of the United States
! This provision comprcheuds the Chinese Of the
/ Pacific States, Indians subject to taxation, the
people called Gypsies. as well as the entire race
/ designated as blacks people Of color, negroes,
mulattoes and persons Of African blood
/ Every individual Of these races born in the
| United States is by tie Ill made citizen Of the
| United States. L does not puruort to declare
or confer any ether right Of citizenship than
| federal citizenship; it does not propose to give
these classes Of persons any status as citizens Of
States, except that which may result from their
status as citizens Of tie United States. The
power 10 confer the right of S.ate citizenship is
just as exclusively With the several States as the
power 10 confer the right Il federal citizsnshi1
Is with Congress. The Eight II f feler3l citizen
ship thus 10 be conferred in tine Sc erli excepted
ratios b fore mentioned, is nov ~ the dr-t tine
proposed to be given by law. Il. a is claimed
by many, ali persons wlo arc native holn al
ready are, Is virtue cfthe col-tl.ut.. D.. citizens
Of the Unitel Siates-the passage Of tie pend
ug bill cannot be lie .essary TO make them such.
t. on the other hlad, sgei persons 1rc uCt cit
izens. az may Ne assumed from the pr 3 stl e
is'ation to make tnem such. the erase question
Presents .tseli, wh-tLer, ~ here eleven of the
thirty States 8re ur..r pres it,i iI Con- -r,ss
az this time, it e SOUND ! y 60 make our en-
tire color-i p0pu.ltou ami al. other excepted
classes citizens oi tie JA.t-l states.
Four million OF them have just emerged lron
slavery into freedom. Can J.. be reasonably
supp osei thai they posses the requisite quslifi-
cations TO lnttle them o. al the privileges ald
immuuities II citizenship u tie Unitei Su;es2
Have the people of the several states expressed
such a convection Il may also be asked wheth-
er IL i necessary that they should he declared
citizens in order that they may besecutei in the
enjoyment Of the civil rights proposed to lie
conferred by the bill Those rights are, by
federal as well as hy Sute lws, secured TO al
domicil1d aliens and foreigners, even before the
completion Of the process u naturalization; and
It may slitiY be assumed that tie same enact
meuts are sufficient 10 give IKE protection and
benefits 90 those fr whom tl.s Ill provides
special legislation
Besides the policy ofthc government, from it,
origin 90 the present time, seems 90 have lccn
that persons who ere straurers to, and unfimil-
iat with, oar institutions and our laws, should
pass through a certain probation, at the end
o. which, tcOrc attaining the coveted prize.
they mus give evidence Of their fitness TO re- 1
ceive anu 10 exercise the rights citizens a.
contemplated by the constitution of the United /
States The bin ia effect proposes "a discllmiu- /
alton against large numbers Of intelligent, W0r
thy and patriotic foreigners, and in favor Of tue .
negro, to whom after long years u bondage, the .
avenues 10 freedom and intelligence have Just .
now been suddenly opened. He must OF ueces-
sity, from his previous unfortunate condition of /
seryitu1e, he less informed rs 90 the nature and .
character Of cur institutions than he who COM
ing from abroad, has. TO some extent. at least,
familiirized himselfw with the principles ola gov
eminent to which be voluntarily cntrusis life,
liberty and pursuit Of happiness.
Ie; II is nov proposed by a single legislative
enactment 10 confer the rights q. citizens upon
all persons Of African descent, born within the
extended limits of the United States, while per-
sons Of foreign birth. who make our land their
home, must undergo a probation Of five years.
and can only then become citizens upon proof
that they are Of good moral character, attached
to the principles Of the constitution Of the Uni
ten States, and well disposed 10 the good order
aud happiness of the slme. The first section Of
the bill also contains an enumeration Of the
rights to be enjoyed by those classes so made
citizens in every State and Territory IN the
United States. These rights are -
To make and enforce contracts, 20 sue, be par
ties and give evidence in court, to inherit, pur-
chase, lease, sell, hold and convey real and per-
sonal property, and TO have full and equal ben
eft Of all laws and proceedings for the security
Of persons and property as are enjoyed by white
citizens; so, too, they are made subject to the
same punishment. pains and penalties, in com
mon with white citizens. and 10 n0ue other.
Thus. perfect equality Of the white and col
0red races is attempted to be fixed by federal
law in every State Of the Union, over the vast
ield Of State jurisdiction covered by these emu
merated rights. In no one of them can any
State exercise any power Of discrimination be-
tween different races. In the exercise OF State
policy over matters exclusively affecting the peo-
pie Of each State, it has frequently been thought
expedient to discriminate between the two races
By the statutes Of some Of the States, North as
well as South, il is enacted, for instance, that
no white person shall intermarry with negro
or mulatto Chancellor 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 pro-
hibited in all the slaveholdiug States by law,
and where not Absolutely contrary to Jaw they
are revolving and regarded as an offence against
public decorum.
If It be granted that Congress can repeal all
State laws discriminating between whites and
blacks IN the subjects covered by this bill, why,
Il may be asked, may not Congress repeal in the
same way all State laws Discriminating between
the two races on the subjects Of suffrage and
office. If Congress can declare by Law who
shall Lold lands, who shall testify, who shall
have capacity to make contract in State,
then Congress can also declare who, without re-
gard to race or color, shall have the right to
sit as juror or as a judge, to hold any office,
and, finally, 10 vote, in every State and Terrific
ry OF the United States. As respects the Ter
ritories, they come within the power Of Con-
gress, for as 10 them the law making power is
the federal power; but as to the States, no sim
lar provision exists yesting in Congress the
power TO make rules and regulations for
them.
The object Of the second section Of the bill is
to afford discriminating protection to colored
persons in tho full enjoyment Of all the rights
secured to them by the preceding section. 1t
declares that any person who, under color Of
any law, statute, ordinance, regulation custom,
shall subject cause to be subject ID any inhabi-
tant Of any State or Territory to the deprivation
Of any right secured or protected by this act,
or to different punishment, pains or penalties on
account Of such person having at any time been
held in a condition OF slavery or involuntary
servitude, except as a punishment Of crime,
whereof the party shall have been duly convict
ed. or by reason Of his color or race, than is
for the punishment Of white persons,
shall be deemed guilty Of amisdemeanor, and
on conviction shall be punished by fine not ex-
ceeling one thousand dollars, or Imprisonment
not exceeding one year, or both, in the discre-
ton of the court. This section seems to be de-
signed to apply to some existing or future law /
of State or Territory which may conflict with |
the provisions of the bill now under considera-
tion. 1t provides for eounteracting uchforbid- |
en- legislation by imposing fine and imprison- |
ment upon the legislators who may pass such |
conflicting laws, or upon the officers or agents |
who shall put, or attempt to put, them into |
execution. Ii means an official offence, not q
common crime committed against law upon the !
nerson or property Of the black race Such an