Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1866-04-13
FREMONT DRUG STORE.

mentwh hich has a right to call those per-
sons to ifs defence, but has no power 30
pfoteet0 its friends in any right what
ever. Sir, it cannot be; such is not the
meaning of our Constitution; such is not
the meaning of citizenship. This Gov
ernnent, which would. go toIwar to pro-
tecBits neanest citizens or inhabitants, in
anv'fsreigR land, whose rights were I'M
Justly enctoached upon, has certainly some
power to protect its own citizens in their
own country. eHasef-
Il pass from the consideration of this
section of the bill to the second, which is
objected to by the President as affording
discriminating protection to colored per-
sous. Il says that no person shall subject
aeoiored person to different punishment
than that inflicted on white person for
the same offense Does that discriminate
in his favor? why sir, the very object of
this section is to prevent Discrimination
The effect of it is to prevent it as well as
its object; and language, it does seem to
me, could not more plainly express that
effect. 1t may be said that it is for the
benefit of the black man, because he is in
some instances Disseminated against by
State law; but that is the case with all
remedial statutes. They are for the re-
lief Of persons who need relief, and when
those needing relief obtain it, they stand
upon the precise footing of those who do
not need it.
hsThere are, however, other and serious
objections to this section. 1t is said that
Ender its provisions judges of the courts
may be punished who are engaged in the
execution of any State law opposed to such
a statute as this; and this is made an OBJ
lection to the law. Well, sir, | admit that
the ministerial officer and the judge if he
acts viciously and corruptly in the execu-
ton of an illegal law may be, and ought
to be punished; and if he acted innocent
ly the Judge would not be punished
What sir is a crime? Why it is viola
ton of some public law to constitute
which there must be an act, and a vicious
will in doing the act; or according to the
definition in some of the law books, to
constitute a crime there must be viola
ton of public law coupled with an intent
or with criminal neglect There must be
a. union and joint operation of act and
tent, in; order to commit the crime; and
the Judge, who for the purpose Of having
the question decided in the Federal courts,
should give up decision that should al
low the case to be brought up, innoeently
and not viciously or oppressively would
neyerybe convicted before any court in
Christendom. But, sir, if he acted vic
iously and oppressiyely, repeat, he ought
to be punished. m
Mr. Trumbull then proceeded to take
up the Presidents objections tothe other
sections of the bill, each one of which he
commented on with force and eloquence,
after which he closed as follows:
Mr. President have now gone through
this veto message, replying with what pa
tience | could command to its various OBJ
lectiens to the bill Would that might
stop here-that there was no occasion to
go farther; but justice to myself; justice
tothe State whose representative am JUS
tiee tothe people of thewhole country, in
legislating for whose behalf / am called
10 participate; justice to the Constitution
llam sworn to support; justice to the
rights of American citizenship and to hui
man liberty, now unperilled, require me
TO go further.
Gladly would | refrain from speaking
of the spirit of this message: of the dan
gerous doctrines it promulgstes; of its in
consistencies, and the contradictions OF its
author; of his encroachments upon the
constitutional rights Of Congress; of his
assumption of unwarranted power, which
if preserved in and not checked by the
people, must inevitably lead to an over
throw of the Government and the destruc-
ton of liberty.
%, Congress, in the passage Of the bill under
consideration, has sought no controversy
with the President so far. The bill was
proposed with view to carry out what
men supposed to be the views of the Pres
ident, and was submitted to him before its
introduction into the Senate. am not
about to relate the private declarations of
the President, but it is right that the
American people should know that the
controversy which exists between him and
Congress, in reference TO this measure, is
of his own seeking.
Soon after Congress met, it became ap-
parent that there was a difference of opin-
ion between the President and some mem
bers of Congress in regard to the condi-
ton of the rebellious States, and the
rights to be secured to freedmen. The
President in his annual message, denied
the constitutional power of the general
Government to extend the elective fran
ehise to negroes; but he was equally de-
cided in the assertion of the right of every
man to life, liberty and the pursuit Of hap
piness. This was his language; but while
/ have no doubt that now, after the close
of the wal, it is not competent for the
General Government to extend the cleo
tive franchise in the several States, it is
equally clear that good faith requires the
security of the freedmen in their liberty
and their property. There were some
members of Congress who expressed the
opinion that in the reorganization of the
febellious States, the right of suffrage
should be extended to the eolored man,
though this was not the prevailing senti-
ment of Congress. All are anxious for a
reorganization of the rebelious States, land
their admission to full participation in the
Federal Government, as soon as the rela-
tions could be restored with safety to all
concerned. Feeling the importance of
harmonious action between the different
departments of the Government, and a
desire to sustain the President for whom
1 had always entertained the highest re-
.spect, L had frequent interviews with him
during the early part of the session.
Without mentioniong anything said by
him, | may, with perfect safety, state that,
acting from the considerations l have
stated, and believing that the passage of a
law by Congress creating equality in civil
rights, when denied by State authorities,
To freedmen and all Othar inbabitantS of