Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-03-28
VETO OF THE CIVIL RIGHTS BILL.

At the time of going to press last night We had no
time to consider fairly the points made in the new
Presidential veto which appears in columns this
morning. We suboin, however, the brief comments
of the Washington STAR as follows:
''Suhoined will be found the important message Of
the President to the Senate of the United States,
giving his reasons for returning tho civil rights bill
without his approval. These reasons are set forth
most clearly and conclusively and must afford con-
vincing proof to every fair mind that the bill, as
passed. had fatal defects rendering it impossible for
the President to give his assent to it,
To The Senate Of the United States:
regret that the bill which has passed both Houses
of Congress- entitled IAN act to protect all persons
in the United States in their civil rights and furnish
the IieIns ioL C4eit Eihucauon conllns provisions
which cannot approve o, consistently with ny sense
of duty to the whole people and my obligations to
the Constitution of ths-un States. [ am there
fore constrained TO return it to the Senate the House
in which it originated. with objections 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, excluding Indians not taxed, are declared to
be citizens OF the United States, This provision
dams subject taxation, the people called Gypses,
as well as the entire race designated blacks, peo
pie OF color, negroes, muatOes, and persons of Ari
can blood. Every individual Of these races, born in
the United States is by the bill made citizen of the
chlteu 2.ate ioSS ?V puLport 70 declare OF con
ter any other right OF citizenship than Federal clti-
Zenshp 1t does not puryort to give these classes Of
persons any static as citizens of States, except that
which may result from their status citizens of the
United States. The power to confer the right of
State citizenship is Just exclusively with the
eral States the power confer the right of Federal
citizenship is with Congress.
The right of Federal citizenship thus to he con-
TERED on the everal excepted races before mention
ed is now, Tor herst time proposed to be given by
law. If, as Is claimed by many, ali persons who are
natiTe-horr, already are, By virtue of the ConStiu
ton, citizens Of the United States the passage of the
pending bill cannot be necessary to make them such.
II, the other hand, such persons not citizens
as may be assumed from the proposed legislation to
make tn N such the grave question presents itself,
whether, when eleven of the thirty-slX States are
unrepresented in Congress, at this time it is sound
policy to make our entire cOored population and all
other excepted classes citizens of the United States?
-Four millions of them have just emerged from SLAYER
Ty into freedom. Can it be reasonably supposed that
they possess the requisite qualifications TO entltle
them to all the privileges and immunities of citizens
of the United StatcS2 Have tho people of the sew
be asked hether is necessary that they should be
declared citizens, in order that they be secured
in the enjoyment Of civil rghts7
Those rights proposed to be conferred by the bill,
are, by Federal well State laws secured to all
domclled aliens and foreigners even before the com
pletion Of the process Of naturaizaton and it may
safely be sumed that the same enactnents are suf-
fcent to give like protection and benefits to those
for whom the bill provides special legislation. Be-
sides, the policy of the Government, from It's origin
to the present time seems 10 have been that
who are strangers to- and unfamiliar with, our insti
tuIonS and laws should pass through certain pro-
baton, at the end of which, before attaining the
coveted prize, they must give evidence of their fit
ness To receive and exercise the right OF citizens
contemplated by the Constitution 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 to
freedom and intelligence have now been suddenly
opened. He must Of necessity from his previous un-
fortunate condition of SerVtudc, be less informed
to the nature and character Of institutions than
he who, coming from abroad, has, to some extent,
at least famiarzed himself with the principles of
government to which he voluntarily entrusts life,
liberty, and the pursuit of happiness" Yet it is now
proposed by single legislative enactment to confer
the rights OF citizens upon all Of African de-
scent born within the extended limits of the United
States, while persons of foreign birth, who make
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 Constitution of the United
states, and well disposed to the good order and hap
plnesS of the same"
The first section of the bill also contains an enume
81 inc rights to be enjoyed BY these classes SO
made 9ltzens, in every State and Territory in the
United States" These rights are: TO make and en-
1orce 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 all laws and proceedings for the security Of
person and property enjoyed by white citizens"
So, too, they are made subject to the same punish
ment pains and penalties in common with white cii
zenS, and to none others Thus perfect equality of
inc Whlte and black races Is attempted to be fixed by
Federal law, In every State Of the Union, over the
vast field of State jurisdiction covered by these emu
merated rights, In no one OF these can any State
eyer exercise any power Of d; elimination between
the different races
In the exercise Of State policy ever matters exelu-
slVcy affecting the people of each State it has fire.
quently been thought eXpedient to discriminate be
tween the two By the statutes of of the
States, Northern well as Southern, it is enacted,
for lance, that white person shall inter-marry
with negro or mulatto. Chancellor Kent says,
speaking of the blacks that marriages between them
and the whites are forbidden in of the States,
where slavery does not exist, and they prohibited
in all the slaveholdiEg States, and Yhen not ahso-
lutely contrary to law, they ara revolving and re-
garded an offence against public decoru0"
do not say this bill repeats State laws on the sub
Ject OF marriage between the two races. for as the
whites are forbidden TO intermarry with :he blacks,
the blacks only make such contracts as the VIII ties
themselves are allowed to make and therefore can
not under this BILL enter into the marriage contract
with the whites. / cite this discrimination, how
ever. as an instance OF the State policy TO dis
elimination , and to inquire whether. if Congress
tween the two races IN tue matter of real estate of
suits and of contracts generally, Congress may
not also reDea! the State lava to tho contract
Of marriage between the two races? Hitherto
every subject embraced in the enumeration Of
rights contained, in this bill, has been considered
as exclusively belonging 20 the States. They
all relate to the internal poicy and economy Of the
respective States. They are matters which in each
State concern the domestic condition of its people
varying in each according to its own peculiar cir
cumstanceS and the safety and well being of its own
citizens. dot not mean to say that upon all these
subjects there not Federal restraints as for in
stance, IN the State of legislation over con-
tracts, there is Federal limitation that no State
shall pass law lmpaiTing tho obligations of con-
tracts and as to crimes, that State shall pass an
post JdctO law; and to money that no State shall
make anything but gold ana silver legal tender
But where can we find Federal prohibition against
the power of any State to discriminate as do N st of
them, between aliens and citizens between artificial
persons called eorporaio and natural persons in
the right to hold real esateg
Ii ii be granted that Congress can repeal all State
laws discriminating between whites and blacks in
the subjects: covered by this bill, why, it may be
asked, may not Congress repeal in the same way all
State laws discriminating between the two races on
the subjects of Suffrage and office If Congress can
declare by law who snail hold lands, who Shall tes-
tity, who shall have capacity to ma Ike contract in
State, then Congress can by law also declare who
without regard to color or race, shall have the right
to sit as juror or as judge, to hold any office, and
finally, to vote In every State and Territory OF the
United States" As respects the Territories they
come within the power of Congress- for as to them
the law making power is the Federal power; but as
to the States no similar provision exists YeSting in
Congress the power to make rules and regulations"
for taem.
The object of the second section of the bill is to af
ford discriminating protection to colored persons in
the full enjoyment of all the rights secured to them
by the preceding section. 1t declares that any per-
son who under color of any law. statute, ordinance
regulation or custom shall subject, or cause to he
subjected, any inhabitant OF any Stale OF Territory
to the deprivation of any right secured or protected
by this act or to different punishment pains or pen-
altes on account of such having at any time
been held in condition of slavery or involuntary
servitude. except as punis hment for crime whereof
the party shall have been duly convicted, by rea
of his color or than is prescribed for the
punishment of white persons, shall be deemed guilty
of misdemeanor, and on conviction, shall he pun
ished by fine not exceeding one thousand dollars or
imprisonment exceeding year, or hoth in the
discretion of the court"
This section seems to be designed TO apply to some
existing future law of State or Territory which
may conflict with the provisions of the bill now up
der consideration. 1t provides for counteracting
such forbidden legislation by imposing fine and i'm
prisOnment upon the legislators who may pass such
conflicting laws upon the officers and agents who
shall put or attempt to put, them into execution 1t
means an official offence, not q common crime COM
mitted against law upon the person or DrOperty of
the black race; such ar act may deprive the black
of his property. but not of the right hold prop
erty 1t deprivation of the right ITSELF either
by the State Judiciary the State Legislature 1t is
therefore assumed that under this section members
of the State Legislatures who should vote for laws
conflicting with the provisions OF the BILL that judges
of the State courts who should render judgments in
antagonism with its terms; and that marshals and
sherfs, who should, ministerial officers, execute
processes, sanctioned by State laws and issued by
State judges. in execution Of their judgments could
be brought before other tribunals and there subjected
to fine and Imprisonment for the performance of the
duties which such State laws might impose.
The legislation thus proposed invades the judicial
OF the State. 1t says to every State court or
judge if you decide that this act is Unconstitutional
if you refuse under the prohibition of State law to
allow negro to testify if you hold that over such
subject-matter the State law is paramount and 'un-
der color of State law refuse the exercise of the
right to the negro your error Of judgment however
Conscientious, shall subject sou to fine and imprson
mentl do not apprehend that the conflicting egia-
lation, which tho bill seems TO contemplate is so
likely to to render 1t necessary this time to
adopt measure of such doubtful constitutionality
In the place. this provision of the hill