Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-03-29
The Presidents Veto
OF THE
CIVIL RIGHTS BILL
WAsHINsroN, March q.

/ regret that the bill which has passed
both houses of Congress entitled An act TO
protect all persons in the United States In
their civil rights and furnish the means of
their vindieation," contains provision
which i cannot approve consistently with
my sense of duty to the whole people and
nv obligation 10 the Constitution of the
United States | am therefore constrained
TO return it to the Senate, the house in which
it originated with my objection TO its be-
coming law By the first section of the
bill, all persons born in the United States
and not subject TO any foreign power, ex-
cluding Indians not taxed, are declared to be
citizens of the United States. This provi-
sion comprehends the Chinese of the Pacific
States, Indians subject TO taxation, the peo-
pie called gypsies, as well as the entire race
designated as blacks, people color, negroes,
mulattoes, and persons of African blood.
Every individual Of these races born in the
United States by this bill is made a citizen
of the United States. Ii does not purport to
declare or confer any other right of citizen
ship than Federal citizenship; it does not
propose to give these classes of persons any
status of citizens of the States, except that
which may result from their status as citi-
zens Of the United States; the power 10 con-
fer the right of State citizenship is just as
exclusively with the several States as the
power to confer the right of Federal citizen
ship is with Congress.
The right of Federal citizenship thus to be
conferred in the several States on the gener-
ally 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 virtue
of the Constitution, citizens of the United
States, the passage of the pending bill Is not
necessary to make them such. If, on the
other hand, such persons are not citizens, as
may be assumed from the proposed legisla-
ton to make them such, the grave question
presents itself, whether, while eleven of the
thirty-six States are unrepresented in Con-
gress, as at this time, it is sound policy to
make the entirescolored population, and all
other excepted classes, citizens of the United
States -Four millions of these have just
emerged frem slavery into freedom. Can it
be reasonably supposed that they possess
the requisite qualifications to entitle them to
all the privileges and immunities Of citizen
ship of the United States Have the people
of the several States expressed such con-
viction? 1t may be asked whether it is
necessary that they should be declared citi-
zens in order that they may be secured in
the enjoyment of the civil rights proposed
to be conferred by the bill Those rights
are by Federal as well as by State laws Sc
cured to all aomiciled aliens and foreigners,
even before the completion of the process of
naturalization, and it may be safely assumed
that the same enactments are sufficient to
give like protection and benefits to those for
whom this bill provides special legislation.
Besides the policy of the Government, from
its origin TO the present time, seems
to have been that persons who are
strangers to, and unfamiliar with our insti-
buttons and our laws, should pass through
certain probation, at the end of which, be-
fore allowing the coveted prize, they must
| give evidence of their fitness to receive and
exercise the rights of citizens as contempla-
| ted by the Constitution of the United States.
| The bill in effect proposes a discrimination
against large numbers of intelligent, worthy,
and patriotic foreigners, and in favor of the
negro to whom, after long years of bond
age, the avenues to freedom and intelligence
have just now been suddenly opened. He
must, of necessity, from his previous unfor-
tunate condition of servitude be less inform
ed as to the nature and character of our in
stitutions, than he who, coming from abroad,
has to some extent at leastfamiliarized HIM
self with the principles of government to
which he voluntarily intrusts life liberty,
and the pursuit of happiness, yet it is now
proposed by single legislative enactment
to confer the rights of citizens upon all per-
sons of African descent, born within the ex-
tended limits of the United States, while
persons of foreign birth who make our land
their home must undergo probation Of FIVE
L l.
upon proof that they are Of good moral cha
racter, attached to the principles of the Con-
stitution of the United States, and well dis
posed to the good order and happiness of the
same. The first section of the bill also con-
tains an enumeration of the rights to be en-
joyed by those classes so made citizens in
every State and Territory in the United
States. As these parties are to give evil
dence, to inherit purchase, lease sell, hold,
and convey real and personal property,
and to have full and equal benefit of
all laws and proceedings for the Sc
curity of persons and property as is en-
joyed by white citizens, so, too, they are made
subject to the same punishment, palms. and
penalties common with white citizens and
to none others. This perfect equality of the
white and colored races is attempted to be
fixed by Federal law in every State of the
Union over the vast field of State iurisdic-
ton, covered by these enumerated rights.
In no one of them can any State exercise
any power of discrimination between the
different races in the exercise of a State
policy over matters exclusively affecting the
people Of each State? 1t has frequently been
thought expedient to discriminate between
the two races by the statutes of some Of the
States North as well as South 1t is enacted,
for instance, that no white person shall inter-
marry with a negro or mulatto. Chancel-
Tor 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 slaveholding States by law, and when not
absolutely contrary TO law they are revolt
ing and regarded as an ofense against pub
lie decorum. do not say that this bill re-
peals State laws on the subject of marriage
between the two races for, as the whites are
forbidden to intermarry with the blacks, the
blacks can only make such contracts with
the whites themselves as they are allowed to
make, and therefore they cannot, under this
| bill, enter into the marriage contract with
the whites. / cite this discrimination, how
ever, as an instance of the State policy as to
discrimination, and to inquire whether if
Congress can abrogate all State laws of dis
elimination between the two races in the
matter Of real estate, of suits, and of con-
tracts generally, Congress may not also re-
peal the State laws as to the contract of mar
riage between the races. Hitherto every
subject embraced in the enumeration Of
rights contained in the bill has been consid
cred as exclusively belonging to the States.
They all relate to the internal policy and
economy of the respective States. They are
matters which ia each State concern the do
nestle condition of its people, varying in
each according TO its own peculiar circum-
stances, and the safety and well being of Its
own Citizens. | do not mean to say that
upon all these subjects there are not Federal
restraints, as for instance in the State power
of the Legislature over contracts, there is
Federal Limitation that no State shall pass
law impairing the obligation Of contracts;
| and as to crimes, that no state shall pass an
en- post tdcto law; and as to money, that no
State shall make anything but gold and sill
yer legal tender; but where can we find a
Federal prohibition against the power of
any State 10 discriminate, as DO most of
them, between aliens and citizens, between
/ artificial persons called corporations and
natural persons in the right to hold real es-
| tate?
If it be granted that Congress can repeal
all State laws discriminating between whites
and blacks, on the subjects covered by this
bill, why, it may be asked, may not Con-
! Dress reuaoI in the same way all State laws