The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1866-04-04
PRESIDENTS VETO.
the Senate Of the United States !:

70 the Senate of the United States:
regret that the bill which has passed
both Houses of Congress, ENTITLED An act
to protect all persons i, the United States
in their civil rights, and furnish means fof
their vindication," contains provisions
which cannot approve constltutionally,
with my sense of duty to the people, and
my obligation to the constitution of the
United States. anl, therefore, constrain-
ed to return it to the Senate and the House,
in which it originated, with my objection
to it becoming a Ian. by the first section
of the bill, all persons born in the United
States, and not subject to any foreign pow
er, excluding Indians, not taxed, arc de-
clared to be citizens of the United States.
The provision comprehends the Chinese of
the Pacific States, Indians subject to taxa
ton, the people called Gipsies, as wei as
the entire race designated as blacks, PEG
pie of color, negroes mulatt0es, persons Of
African blood. Every individual Of the ra-
ces born in the United States is by this
bill made citizen ofthe United States. 1t
does not purport, to declare or confer any
other oral, or confer any other rights Of cit.
izenship than Federal citizenship. It does
not purpose to give these classes Of persons
any status Of citizens of the States, except
that which may result from their status as
citizens Of the United States.
The power to completion OF the process
of naturalization, and it may safely be as
sumed the same enactments are sufficient
to give like protection and benefits to those
for whom this bill provides special slegisla-
ton. Besides, the policy OF the Govern
ment from its origin to this 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 prohibition, at the end of which,
before allowing the coveted price, they
must give evidence of their fitness to receive
and exercise rights of citizens as contem-
plateaa by the constitution Of the United
States, The bill in effect purposes dis
elimination against numbers OF Intelligent,
worthy, and patriotic foreigners, and in fa.
vor of negroes, to whom, after long years
of bondage, avenues to freedom and intelli-
gence have Just now been suddenly opened.
He must Of necessity, from lis previous I'M
fortunate condition of servitude, be less in
formed as to the nature and character of
our institutions than he who coming from
abroad has, to some extent at least, famil-
iarizcd himself with principles of the Gov
eminent to which he voluntarily intrusts
life, liberty and pursuit Of happiness.
Yet it is now proposed by single legis-
lative enactment to confer rights of citizen
ship upon all persons of African descent
born within the extended limits Of the Uni
ted States, while persons of foreign birth,
who make our land their home. must I'M
dergo probation of five years, and can
only then become American citizens. To
confer the right of State citizenship, is just
as exclusively with the several States as
the power to confer the right of Federal
citizenship is with Congress The right of
Federal citizenship thus to be conferred in
the several excepted races before mention.
ed 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 by
virtue of the constitution are citizens of the
United States, the passage Of the pending
bill cannot be necessary to make them such.
If, Oh the other hand, such persons are not
citizens, as may be assumed from proposed
legislation to make them such, the grave
question presents itself whether, where
eleven Of the thirty-six States are unrepre.
sented in Congress OF this time, it is sound
policy to make one entire colored popula.
ton, and all other excepted classes citizens
Of the United States. a
Four millions of them have Just emerged
from slavery into freedom. Can it be rea,
sonably supposed that they possess the re.
quisite qualifications to entitle them to all
the privileges and immunities Of citizens
of the United States? Have the people Of
the several States expressed such a convic
tion2 1t may be also asked whether it il
necessary that they should be declared cit
liens in order that they may be secured in
the enjoyment Of the civil rights proposed
to be conferred by this bill. Those right.
are by Federal, as well as by State laws sc
cured to all aliens and foreigners, upor
proof that they are Of good moral charac
United States, and well disposed to til,
rood order and happiness Of the Govern
ment. The second section of the bill ais,
contains an enumeration Of the rights t,
be enjoyed by those classes, and the s,
! made citizens in every State and Territor.
in the United States. 1t gives parties TIL
right to inherit, give evidence, purchase
lease, sell, hold and convey real and person
al property, aud to have full and equal be1
eft of all laws and proceedings for securit,
OF person and property, the same as enjoy
ed by white citizens. So, too, they ar
{ made subject to the same punishment
pains and penalties in common with tn
} white citizens, and to no others. Thus
an equality Of tie white and colored race
attempted to be fixed by federal law in ey
ery State of the Union, over the vast fel
J of State Jurisdiction, covered by these emf
merated rights; and in none Of them ca
any State exercise any favor of discrimins
ton between different races in the exercis
of State policy over matters exclusively a
feeting the people Of each State. 1t ha
frequently been thought eXpedient to di
oriIninate between the two races by til
, statutes of some of the States North as we
as South.
tits enacted, for instance, that no whit
person shall intermarry with o negro {
| mulatto. Chancellor Kent says, speakin
of the blacks, that marriages between thel
and whites ore forbidden in some Of Il
t States where slavery does not exist, an
!. they are prohibited in all slaveholdiu
States by law; aud when not absolutel
. contrary to law, they are revolving and +
garaed as on offence against public dec
rum. do not say that this bill repea
o State laws Oh this subject Of marriage b
tween the two races, for as the whites a.
forbidden to intermarry with the black
= the blacks can only make such contrac
L with themselves as the whites are allow.
!. to make, and therefore cannot, under Il
d bill, enter into y marriage contract wit
!. the whites. I cite this Discriminate
!, however, as an instance Of the State poll,
= as to discrimination, and to inquire whet
= er, in Congress can abrogate all State 10,
8 of discrimination between the two rae
l. on the matters of real estate, of rents al
0 Of contracts generally, Congress may n
If also repeal the State laws as to the contra
; of marriage between the races. Hither
I every subject embraced in the enumerati
J. Of rights contained in the bill has be-
u considered as exclusively belonging to e
il States. They all relate to the internal p'
- ;ox, owl ecnnnu,y- of the rfSsOectiyfa Stat