Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1866-04-04
VETO MESSAGE, NO. 2.
President Johnson Refuses to Approve the
Civil Rights Bill.
CoNsTITUTIovAL oBLIGArfoNs

that the bill which has passed both Houses of Con-
gress entitled "An act TO protect all persons in
the United States in their civil rights, and furn
1 ish the means of their vindieation contains pro-
visions which cannot approve consistently wi tn
my sense of duty to the whole people, and my
obigatlonsto the Constitution of the United States
| PROVISIONS
am, therefore, constrained to return il to the
Senate, the House in which il toriginated with my
objections 10 its becoming a law. By the first
section OF the bill all persons born in the United
States. and not subject to any foreign power. ex-
Guiding Indians not taxed, declared to be citi
zens of the United States This provision COM
prehends the Chinese of the Pacific States, Indi-
ans subject to taxation the people called Gipsies,
as well as the entire race designated as blacks,
people of color, negroes, muattoes and persons
| of African blood.
FEDERAL cITIzESsHIp.
Every individual of these races, born ir the
United States. is by the bill made a citizen of the
United States 1t doesnot purpose TO declare
| fer any other right of citizenship than sFederal
| citizenship Itdoes not puTport to give these
classes of persons any status citizens of States
except that which may result frohi their status
citizens OF the United States. The power to con-
fer the right of State citizenship is just as exelu
siyely with the several States as power TO confer
the right of Federal citizenship is with Con n2ress.
The ri ght of Federal citizenship thus to be CON
| ferred on the several excepted races before men
toned is, now for the first time proposed TO be
given by law. If, as is claimed by many all per
sons who are native born are by virtue of the
Constitution citizens of the United States, the pas
sage OF the pending bill cannot be necessary to
| make them such. pFts Pres .s-.
If. onthe other hand, such persons are not citi-
zens. as may be assumed from the proposed iegis
latioh to make them such, tn grave question pre-
sents itself whether. when eleven OF the thirty
SIX States are unrepresented in Congress ut this
time, it is sound poicy to make entire colored
population. aud all other excepted classes citi-
zens ofthe United States. Four millions of tn ein
have just emerged frcm slavery into freedom
Can it be reasonably supposed that they possess
the requisite quail ifcations TO entite them TO all
the privileges and immunities of citizens of the
United STATES Have the people of the several
States expressed such conviction? Itmay also be
asked whether it is necessary tha they should be
declared citizens in order that they NAV be se-
cured in the enoyme ent of the civil rights propos-
ed TO be conferred by the bill :? Those rights are,
by Federal we'll as State laws secured to ali
domiciied aliens and foreigners. even before the
completion of the process of naturalization, and
1t may safely be assumed that the same enact
men's are sufficient to give like protection and
benefits to those for whom this bill provides special
legislation. zt-l -- f7ssz5 flSgts1 tl+7 isff.
Besides, the policy of the Government, from its
origin to the present time, see ms to have been
that persons who are strangers to and unfamiliar
with our institutions and our laws, should pass
through certain probation, at the end of which.
before attaining the coveted privilege. they must
give evidence of their fitness to receive and to
ercise the rights of citizens. as contemplated by
the Constitution of the United States -a
-fz-s THE NEGRO RACE. n. 4. Il
The bill, in effect, proposes discrimination
against large number of Intelligent, worthy
To whom after long years of bondage the ave
nues OF freedom and intelligence have just now
been suddenly opened. He must. of necessity,
from his previous unfortunate condition of SER
vitude, be less informed as to the nature and
character of our institutions. than he who coming
from abroad, has, to extent at least farnif-
iarized himself with the principles of govern
mept to which he voluntarily inrusts life, liberty
and the pursuit of happiness. Yet it is now pro- |
posed, by single legislative enactment to con-
fer the rights of citizens upon all persons of Aft
daScanf w ia aYfan6a1 Jfo of
the United States. while persons of foreign birth |
who make our land their home, must undergo
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 Con-
stitution 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 emu
meration of the rights to be enjoyed by these
classes SO made citizens in every State and Ter |
ritory of the United States. These rights are to
make and enforce contracts, to sue be parties and
give evidence; to inherit, purchase, lease, SELL
hold and convey real and personal property, and
to have full and equal benefit of alllaws and pro-
ceedings for the security of person and property |
as is now enjoyed by white citizens. So, too,
they are made subject to the same punishment,
pains and penalties in common with white cti-
zens and to none others. Thus perfect equality
of the white and eolored races is attempted 70 be
fixed by Federal law in every State of tho Union
over the vast field of State jurisdiction covered
by these enumerated rights. In no one of these
can any State exercise any discrimination between
Ii
lev over matters exclusively affecting the peopie
of each State, it has frequently been thought ex-
pedient to discriminate between the Two races. 4
y fgg STATE ENAcrNENrs. .4s4s-
BY the statute of some OF the States, Northern !
as we'll as Southern, it is enacted, for instance,
that white person sha,i ihtermlrry with i ne |
gro or mulatto. Chancellor Kent says, speaking
of the blacks, .sthat marriages between hem and
the whites forbidden in seme Of the STATES
where slavery did not exist, and they are piohb-
tied in all the slave holding States; and when not
absolutely contrary law. tfey revolving and
regarded as an oEense against public decorum.' ?
l do not say that this bill repeais State laws on
the beet of marriage between the two races for
as the whites are forbidden to intermasry with
the blacks, the blacks can emily make such con-
tracts as the whites themselves are allowed to
make and th erefore cannot, under this bill en-
ter into the marriage contract with the whites.
L cite this discrimination, however, as an in
stance of the State policy to. Discrimination,
and to inquire whether. if Congress can abro-
gate all State laws Of discrimi nation between the
two races in the matter of real estate, of suits,
and of contracts generally, Congress may not al
so repeal the State laws to the contract of mar
riage between the races Hitherto every subject III
mbraced in the enumeration of rights contained
in th Is bin has been considered as exclusively be-
longing 10 the States; they all relate to the inter
nal policy and economy Of the respective States i
They are matters which, in each State concern tn
to its own peculiar circum stances aud
the safety and we'll being Of its own scitizens.
IBssI FEDERAL RESTRAINTS. 1sffs ic3i7ile
do not mean to say that upon all these subjects
here are not Federal restraints As for instance.
IN the State power of legislation over contracts,
pass law impairing the obligations of the con
racts; and as to crimes that no State shall pass
IN &c psst faeto iaW; to money, th az ne state s
hall make anything but gold and silver a. a legal
eIider. But where can find Eedtrai pro-
libition against the power OF any state to'dis- I