The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-09-27
LOUISIANA.
Governor WarMOth VetOes the Civil Rights
Bill.

Governor w armOlu VetOes the C1v1I ItIHutS
Bill.
NEW ORLEANS, Sept. 26. 1853.
Governor wamoth to-day vetoed the Civil Rights
bill.
The following ls the veto message -
TO THE HONORABLE SPEAKER AND MEMBERS OF THE
HOUSE OF REPRESENTATIVES -
| return TO the House of Representatives act to
protect all persons IN their public and civil rights
without my signature for the following reasons, to
wit -
The rights and privileges enumerated in the first
section OF this BILL and sought to be established
thereby are fully and explicitly recognized and
established in the constitution OF the State.
rrt Ore o not and be s
citizen, and there Is nothing In our
Jurisprudence which makes distinctions on account
The organic law OF the land gives all persons per-
feet equality OF civil and political rights including
oa ali e LEGAL Teees ye Sny
heretofore been found requisite to secure these
rights to all persons. The means. however, pro-
posed in the fourth sectoa Of the bill for enforcing
these rights are, in my Judgment, not merely novel
and unprecedented, but impractcabe and PERM.
ctous. 1t seeks to make that crime which has
never, to my knowledge, been considered in these
communities where the highest regard Is had to the
personal rights OF all men. There always Is, and
ought to be- a broad line OF demarkatiop fixed be-
tween a crime and the breach of obligation growing
out Of civil contracts and we demoralize the
of the right and wrong when we seek to
obliterate evident distinction. Our statute
book is filled already with criminal laws that
enforced and never will be until public opinion
rises to their respective levels The history OF the
world is full OF examples Of this Sort where acts
In themselves criminal have been vanly declared
so; and in this way levity OF feeling In regard to
crime has been produced. We lapse into the egis-
lation OF a less enlightened period when we try to
convert an act which Is properly question of civil
damages into an offence against the peace and dig
nifty OF the State and 1t ought TO be carefully borne
IN mind that we cannot hope by legislation TO
troll the question OF personal association, much less
can we hope to force on those who diner from
our views Of what Is humane or courteous or Chris
tian like. Mutual forbearance and Kindness and
the noble belief In the brotherhood OF man must
spring from higher source than the fear
OF punishment. They can never be forced
10 grow by pains and penalties. Again,
so far as railroads and steamboats, were concerned
1t must be borne in mind that the regulation OF COM
merce between the several States was wisely
fded, under the constitution, TO the national Con
gres5. The object oil this grant Of power clearly
TO prevent the confusion which would arise from
conflicting legislation such subjects by the differ
ont contiguous States and the wisdom OF the provi
sion appears more clearly every day as means OF
transportation are increased and improved. BY the
second and third sections OF this act distinction
Is clearly made between railroads and steamboats,
whose routes are wholly within this state and those
whose routes beyond. or course criminal
jurisdiction cannot 90 beyond our state lines, and In
this respect the act seems impolitc and liable 10
produce unnecessary confusion and litigation for eX
perimental legislation OF this Kind, for which the
sanction Of no successful precedent can be adduced
more unfayorable occasion than the present could
hardly he imagined. In the midst Of most exciting
political campaign. at time when the passions,
animosities and resentments consequent upon u
great war and attendant upon great and sudden
changes In affairs are reused to the highest pitch of
intensity. and when the prcjudces regarding the
race Is inhamed TO the utmost Is here proposed TO
enforce by penal remedies what Is practically class
legislation and TO maintain and confirm class dis
tinction. The effect. In my Judgment, OF such an
act would be to defeat rather than to promote the
ends apparently hidden from view by the |
author OF the bill. The barriers Of race, instead OF
being thereby removed would be increased In height
aud breadth, In hrmness and strength. so |
long as these barriers are maintained 80
long will be deferred the era OF peace,
order and prosperity In the State to which mutual
harmony aud good will are essential, and so long |
Will the rights Of the lately enfranchsed nger in the
condition OF doubt and Insecurity The preJudces /
upon which these barriers are founded have no foun-
dalton In reason or nature, and will surely give way !
10 the sOftening Influences OF time unless they are
fretted into activity. In the meantime
cured by the constitution IN the enjoy ment OF poti
.al ana civil rights and In his remedy for their in
same rule obtains in national and State courts. The
Judges Of the state courts AMI their officers are
lmcnable TO and dependent upon all It's citizens
alike. Colored and white alike constitute juries.
those OF the lately enranchised who are wise and
enectng viii not askfor more. They will rather |
ieprecate a KIND Of legislation which, instead
If advancing their present condition, only renders
he enemies Of their race bitter and determined
n their hostility and furnishes them weapons
whereby To assail the rights which the colorcd men
rave already acquired In returning this bill with
Dut my signature II Is hardly necessary for me to
ay that am prepared, far lies In my province
nd power 10 enforce the constitution "a i ex-
SIS. such Is my desire ~ Is my iuty that when |
ind the act I'm question TO he In my best Judgment |
and unwise, and, for the reasons have
tlted. calculated 70 demoraliZe the public con. |
ciencc and intensity distinctions which will surely |
eld to the power OF the time and the growth |
II more catholic views of our personal relations. 10
,ecomes less clearly my duty to decline to sign
{. n. G. wARMOTH.
Governor Of Louisiana.