The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-04-11
Veto of the Civil flights DILL.
To the Senate Of the United Suites :

To the Senate Of the United Suites:
I regret that the bill which has passed both
Houses of Congress, entitled: "An Act to
protect oil persons in the United States ii
their civil rights, and furnish the means for
their vindcaton, contains provisions which
/ cannot approve, consistently with my sense
of duty to the whole people, and my o5!i2a-
tions to the Constitution Of the United States.
am, therefore, constrained to return 1t to
the Senate, the house in which it originated,
with my objections to its becoming law.
By the first sccti ms Of the BILL all persons
born in the United States and not subjects to
anv foreign power, excluding Indians not
taxed, are declared to be citizens Of the United
States.
This provision comprehenjs the Chinese of
the Pacific States, Indians subject to taxation,
and the people called GipsicS, as well as the
entire race designated blacks, people Of color,
negroes, mulattoeS, and persons Of African
blood. Every individual OF these races born
in the United States is by the Jili made cit
izcn of the United States. 1t does not pnrport
to declare or confer any other lisi.t Of citizen
ship than Federal citizenship. 1t docs rot
purport to give these cias>eS of persons any
status as citizens Of States except That which
may result from their status as citizens Of tic
United States.
The power to confer the right Of State citi-
cenship is Just as exclusively with tie several
States as the power to coulter the right Of Fed
eral citizenship is with Congress.
The right Of Federal citizenship thus to be
conferred on the several excepted races before
mentioned is now, for the first time proposed
to be given by law. If, as is caiu1ed by many
all persons who are native born already, are,
by virtue Of the Constitution, citizcuS Of the
United States, the passage Of the pcnGl"g bill
cannot be necessary to make them such. If,
OH the other hand, <ucll pc,So:,s are not citi-
zens, as NAV be assumed from the proposed
legislation to make them such, the grave Ques-
ton presents Itself whether, when eleven Of
the thirty six States arc Ualeprc>rmted in
Congress, at this time it is sound policy to
make our entire colo, ed population, and all
other excepted classes, citizens Of The Cnited
States? Four millions Of them bavc just e:n-
erced from slavery into freedom. Can it be
reasonably supposed that they possess the
requisite qualifications to cniilie them to all
the privileges and immuuiIics Of citizens Of
the United States: Have The people cf the
several States expressed such conviction:
1t may also be asked whether it is necessary
that they should be declared clizenS in order
that they NAV be secured in the enjoyment
of civil rights? Those rights proposed to DE
conferred bY the bill are, by Federal as well as
State laws, secured to all d0ucicd aliens and
foreigners even before the completion Of the
process Of naturalization and 1t may safely
be assumed that the same cnac:mcntS arc sut-
ficient to give like protection and benefits to
those for whom this bill provides special ?cgiS-
lation. Besides, the policy Of the Govern
ment, from its origin TO the present time,
seems to have been that persons who are
strangers to, and unfamiliar with, our in titu-
tionS and our laws should PASS through a GER
tain probation, at the end of wh!ch, before
obtaining the coveted prize, they Must give
evidence of their fitness to receive and to cX-
erciSe the rights of citizens. as contemplated
By the Constitution CT the United States. The
bill, in effect, proposes Discrimination against
large numbers Of intelligent worthy and pat
riotic foreigners, and il favor Of The negro, to
whom, after long years Of bondage, the aven-
ucs to freedom and intelligence have roX been
suddenly opened. lie must, OF necessity,
{: ON his previous unfortunate co0Giticn Of
servitude, be less informed as to the nature
and character of our institutions than he who,
least, faml arized himself with the principles
Of 4 government to which he voluntarily ell
trusts "life, liberty and the pursuit Of happi-
ness" Yet it is nov proposed by a single
Legislative enactment to confer the rights Of
citizens upon all persons Of African descent
S,arn within the extended limits Of the United
States, while persons of foreign birth who
make our land their home, must undergo .
probat4On of five years, and can only then be-
come citizens upon pro0fthat they arc Of good
moral character, attached to t3c principles of
the Constitution Of the United States, and
well disposed to the good order and happiness
of the same"
The first section of the bill also contains an
enumeration Of the rights to be enjoyed by
and Territory in the United States" These
rights are: ITO make and enforce contracts,
to sue, be parties, and give evidence, to inher-
it, purchase, lease, SELL hold and convey real
and personal property" and to have full and
equal benefit Of all laws and proceedings for
the security of person and property as is en-
,joyed by white citizens" So, too they are
made subject to the same punishment, pains
and penalties, in common with white citizens,
and to none others. Thus perfect equality
of the white and black races is attempted to
be hxed by Federal law in eveIy State Of the
Union, over the vast field of State Jurisdiction
covered BY these enumerated rights. In no
one of these can any State ever exercise any
power Of 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 exp1dient to
discriminate between the two races. BY the
statutes of some Of the States, Northern as
veil as Southern, i. is enacted, t9r iost&Ecc,