The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-03-28

1 regret that the Bill which has pass
ed both Houses ofCongress, entitled an
act to protect all persons in the United
States in their civil rights, and furnish
means of their vindication, contains
provisions which cannot approve con-
scientiously, with my sense of duty to
the whole people, and my obligations
to the Constitution of the United States.
l am, therefore, constrained TO return
it to the Senate and House in which it
originated, with my objections to its be-
coming law. By the dissection of the
bill all persons born in the United
States, and not subject to any foreign
power, excluding Indians not taxed,
are declared to be citizens of the United
States, This provision comprehends
the Chinese of the Pacific States, lndt-
ans subject to taxation, the people call
ed GipsieS, as well as the entire race
designated as blacks, people of color, ne
groes, mulattoes and persons ofAfrican
blood. Every individual ofthese races
born in the United States is, by the
bill, made Il citizen of the United States.
1t does not purpOrt to declare or confer
any other right of citizenship than Fed
eral citizenship. II does not propose to
give those classes of persons any status
of 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 fed
eral citizenship is with Congress. The
right of federal citizenship thus to be
conferred in several excepted ratios be-
fore 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 can't be necessary to make them
such If, on the other hand, such persons
as may be assumed from the proposed
legislation to make them such. AgraVe
question presents itself whether where
eleven of the thirty-six States are un-
represented in Congress, mt this
entire colored population, and all other
excepted classes, citizens of the United
States. Four millions of them have
lust emerged from slavery into freedom.
Can't it be reasonably supposed that
they possess the requisite qualifications
to entitle them to all the privileges and
immunitieS of citizenship of the United
States? Have the people of the several
States expressed such conyictionP II
NAV reasonably be asked whether it is
necessary that they should be declared
citizens in order that they may be Sc
cured in the enjoyment of civil rights
proposed to be conferred by the bill.
by State laws secured to all domiciled
aliens andj foreigners even before the
completion of the process of naturali-
cation, and il may safely be assumed
that the same enactments are sutnclent
to give like protection and benefits TO
those for whom this bill provides spe-
cial 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 unta-
miliar with our institutions and our
laws should pass through GER
tain prohibition, ut the end of which,
before allowing the coveted prize, they
must give evidence OF their htness 10
receive and to exercise the rights OF cit
liens, as contemplated by the constitu-
ton of the United States. The bill in
effect proposes discrimination against
large numbers of intelligent, worthy
and patriotic foreigners, and in favor
of the negro, to whom, after long years
of bondage, the avenues of freedom and
Intelligence have Just now been sud
denly opened. He must OF necessity,
from his unfortunate condition of ser
yitude, be less informed as to the ma
ture and character of our institutions
than he, coming from abroad, who has
to some extent mt least famlllarlZed
himself with the principles of gov
eminent to which he voluntarily en-
trusts life, liberty, and the pursuit OF
happiness. Yet it is now proposed by
n single legislative enactment to confer
rights of citizens upon all persons oil
African descent, born within the eX-
tended limits of the United States,
while persons of foreign birth who
dergo n probation of five years, ana
can only then become citizens upon
proof that thew are of good moral char
acter, attached to the principles of the
constitution, of the United States, ana
well disposed to good order and happl-
ness of the same. The first section ofthe
bill also contains an enumeration OF
rights to be enjoyed by these classes,
and so made citizens in every State and
Territory in the United States. These
rights are to make and enforce con-
tracts, to sue the parties and give evil
dence; to inherit, purchase, lease, sell,
hold and convey real or personal prop
erty. and to have full and equal benefit
of all laws and proceedings for the Sc
curity of persons and property as is en-
loved by white citizens. So too they
are made subject to the same punish
ment pains and penalties common with
white citizens and TO none others. mus
perfect equalization OF white ana col
Ored races is attempted to be liked 10
the Federal Constitution in every State
of the Union. Over vast1tields of State
jurisdiction, cornered by these enact
ments, in no one of them can any State
exercise any power of discrimination
between different races in the exercise
of State DOlicY over matters exclusive
w 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, it is enacted for
instance that no white persons shall in
termarry with n negro or mulatto.-
L. inn NJ
blacks, that marriage between them
and whites are forbidden in some ofthe
States where slavery does not exist,
and thus are prohibited in all slave
holding States by law, and where not
absolutely contrary to law they are re-
garded as an offense against public de-
corum. do not say this bill repeats
State laws on the subject of marrying
between two races, for as the whites are
forbidden to intermarry with the blacks
the blacks can only make such CON
tracts as the whites themselves are al
lowed to make, and therefore cannot
under this bill enter into the marriage
contract with the white. cite TINS as
elimination, however, as an instance OF
the State policy as to discrimination,
and to inquire whether, if Congress can
abrogate all State laws of diScrimina-
ton betweenthe two races in the matter
of real estate, of suits and contracts
generally, Congress maynot also repeal
the State laws as to contract of mar
rage between races. Hitherto every
subject embraced in enumeration OF
rights contained in the bill has been
considered as exclusively belonging to
the States. They all relate to the inter-
nal policy and economy of the respec-
tive States. They are matters which,
in every State, concern the domestic
condition of its people, varying in each
according to its own peculiar circum;