The Portland daily press., 1868-09-28
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f,0etsayANA.

| NEW ORLEANS, Sept. 26--Goy. Wormouth
to-day vetoed the civil rights bill. The follow
ing is the veto message.
| To the Honorable Speaker and members of the
| House Of Representatives.: Il re-. urn 10 the
House OF Representatives an act to protect II
| persons in their public and civil rights with
out my signature for the following reasons, to
/ wit: l1GJ'W ~ $50
The rights and privileges enumerated in the
| first section of this bill and sought TO be estaD
| lished thereby, are fully and explicitly recog.
! nized and established in the Constitution of
| the State. Even a foreigner nota clilZen, mas
| the same right to travel and be entertained as
| citizen, and there is nothing IN our JurlS-
| prudence which makes a distinction on account
of race or color except so far as relates to slav-
/ ery, The organic law of the land gives to all
1 persons perfect equality of civil and political
/ rights, including the power of enforcing these
| rights in the courts and employing all the le-
| gal remedies which have heretofore been found
| requisite TO secure these rights to all persons
The. means, however, proposed in the fourth
section OF the bill for enforcing these rights are
IN infringement not merely novel and unpre-
cedented, butimpractcable and perniciouS. 1t
seeks to make that a crime which has never TO
my knowledge been considered so in these
communities where the highest regard is
paid to the personal rights of all men.
There always is and ought to be broad line
of demarkation fixed between crime and the
breach of obligation growing out OF civil con-
tracts, and we demoralize the public conscience
and confuse its conception OF the right and
wrong when we seek to obterate SO evident a
distinction. Our statute book is filed already
with criminal laws that are never enforced and
never win be until public opinion rises to
their respective levels. The history of the
world is full OF EXAMPLES of this Sort where
acts not in themselves criminal have been
vainly declared so, and in this way levity of
feeling in regard to crime has been produced.
We lapse into the legislation of less enght-
ened period when we try to convert an act
which is properly a question of civil damages
INTO an offence against the peace and dignity
OF The State, and it ought to be carefully borne
IN mind that we cannot hope by Legislation to
control the question of personal association;
much less can we hope to force on those WHO
differ from us our views of what is humane,
or courteous, christianlike. Mutual for
bearance, kindness and the noble belief in the
brotherhood of men must spring from higher
source than the fear of punishment. They
can never be forced TO grow by pains and pen
allies. Again, so far as railroads and steam
boats were concerned, it must be borne in mind
that the regulation OF commerce between the |
several States was wisely confided under the |
constitution to the National Congress. The
object of this grant of power was clearly to
prevent the confusion which would arise from
conflicting legislation gu such subjects by the
different contiguous States, and the wisdom of |
the provision appears more clearly every day as |
means OF transportation are increased and i'm
proved.
no distinction is clearly made between rail |
roads and steamboats, whose routes are wholly |
within this State, and those whose routes are |
beyond. OF course our criminal jurisdiction |
cannot go beyond our State lines; and in this.
respect the act seems impolitic and liable to
produce unnecessary confusion and litigation |
tor experimental legislation of this Kind for
which the sanction of no successful precedent |
can be adduced. A more urfavorable occasion
than the present could hardly be imagined; in
the midst of a most exciting political Cam
palgn; at time when the passions, anmosi-
lies and reseptments consequent upon great
war, and attendant upon great and sudden
changes IN affairs are reused to intensity. |
and when the prejudices regarding the race is
infamed to the utmost, it is then proposed to
enforce by penal remedies what is practically
class legislation, and to maintain and confirm
class distinction. The effect in nv Judgment
Oh such an act would be to defeat rather than |
TO promote tue ends apparently hidden from
view by the author of the bill The barriers Of |
race instead OF being there removed, would be
increased in heighth and breadth, in firmness
maintained, so long will be deferred the era of
peace, order aud prosperity in the State, TO
which mutual harmy and good will are essen
sIal; and so long will the rights of the latey
enfranchised linger in the condition of doubt
and in history. The prejudices upon which
these barriers are founded have no foundation
in reason or nature, and will surely give way
to the softening influences of time unless they
are constantly fretted into activity. In the
meantime any person, colered as well as white,
is equally secured by the Constitution in the
enioymen; OF political and civil rights, and in
his remedy for their Infringement. The courts
are open to all alike. The same rule obtains
in National and State courts. The Judges of
the State courts and their officers are amena-
BILE and dependent upon all it's citizens alike
Colored and white alike constitute iuries. |
Those of the lately enfranchised who are wise
and rejecting will not ask for more. They
Will rather deprecate a kind of legislation,
which instead of advancing their present con-
dition, only renders the enemies of their race
more bitter and determined in their hostility,
and furnishes them weapons whereby to as
sail the rights which the colored men have al
ready acquired. Ia returning this bill without
my signature,it ishardly necessary for me to say
that am prepared so far as lies IN my province
and power to enforce the new Constitution rs
it exists Such is my desire, as is my duty
that when l find the act in question to be in
my best judgement necessary and wise for the
reason have calculated to demoralize public
and intensity distinction which will /
surely yield to the power OF the time and the
growth OF more catholic views of our perso-
nal relations, it becomes less clearly my
duty to decline TO sign it.
(Signed) III. G. YARMOUTH,
r.NfI .,,t.t -sa