The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1868-10-07
Veto Of the Social Equality Bill,
EXECUTIVE DEPARTMENT, }
State nf 7 .nuis;a,, I

EXECUTIVE DEPA RTMENT,
State of Louisiana,
New Orleans, September 25th, 1868. \
10 the Honorable Speaker and Members O
| the House of Representatives
i Irethrn to the House Of REPRESENTATIVE
an Act to Protect all Persons i'm their Pub
lie and Civil Rights without my signa
ture, for the following reasons, to-wit:
The rights and privileges enumerated ii
the first section of this bill and sought tc
be enforced thereby are fully and explicit
~ recognized and established in the Con
stitufion of the State. Even a foreigner
not citizen, has the same right to travel
and be entertained as citizen, and there
is nothing, in our jurisprudence which
makes distinctions on account of race OF
color. except in SO far as relates to slavery
The organic law of the land gives to "all
persons" perfect equality of Civil and no.
litical rights, including the privilege OF
enforcing these rights in the courts and
employing all the legal remedies which
have heretofore been found requisite to Sc
cure their rights to all persons; the means,
however, proposed in the fourth section of
| the bill for enforcing these rights are, in
my Judgment, not merely novel and IN
precedented, but impracticable and perni-
cious. 1t seeks to make that crime which
has never to my knowledge been so con-
sldered in those communities where the
highest regard is paid to the personal
rights of all men.
There is, and always ought to be, a
broad line of demarcation fixed between a
crime and the breach of obligations grow
ing out of civil contracts, and we demoral-
ize the public Coincidence and confuse it's
conceptions Of right and wrong when we
seek to obliterate so evident a distinction.
Our statntes book is filed already with
criminal laws that are never 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, when
acts not in themselves criminal have been
vainly declared SO, and in this way a levity
of feeling in regard to real crimes pro-
duced, we relapse into the legislation Of a
less enlightened period, when we try to
convert an act which is properly ques-
ton 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 con-
troll questions of personal association;
much less can we hope to force on those
who differ from us our views of what is
humane, OF courteous, or Christian-lke-
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 to grow by pains and penalties,
Again, SO far as railroads and steamboats,
are concerned, it must be borne in mind
that the regulation of commerce between
the several States was wisely confided, I'M
der the Constitution of the United States.
to the National Congress. The object of
this grant of power Was clearly to prevent
the confusion which would arise from con-
flicting legislation on such subjects by the
different contiguous States; and the wis
dom OF the provision appears more clearly
every day as the means of transportation
are increased and improved BY the sec
ond and third sections of this act, no dis
tinction is clearly made between railroads
and steamboats, whose routes are wholly
within this State, and those whose routes
are beyond. Ofcourse, our criminal juris-
diction cannot go beyond our State lines
and in this respect the act seems .impolitic
and liable to produce unnecessary conftl-
sion and litigation. For experimental leg
islation Of this kind, for which the sane
ton of no successful precedent can be adj
duced. u moro unfavorable occasion than
the present, could hardly be imagined. In
the midst of most exciting political cam
paign, at time when the passions,
animosities, and resentments consequent
upon a great war, and attendant up
on o great and sudden change in
affairs, are reused to the highest
pitch of intensity, and when the pre-
JUDGE regarding race are inAamed' to
the utmost, it is here proposed to enforce
by penal remedies what is practically class
class distinctions. The effect, in my judg-
ment, Of such an act, would be to defeat
rather than to promote the ends apparent
ly had in view by the author Of the bill.
The barriers of race, instead of being there
by removed, would be increased in height
and breadth, in 6rmness and strength. So
long as these barriers are maintained, SO
long will be deferred the era Of peace, or
der aud prosperity in the State, to which
mutual harmony and good will are essen
tial, and so long will the rights of the late
" enfranchised lineer in the condition Of
doubt and insecurity. 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 mean time any per-
son, colored as we'll as white, is equally Sc
cured by the Constitution in the enjoyment
| of political and civil rights, aud in his rem
edy 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
amendable to and dependent upon all citi-
zens alike. Colored and white alike con.
stitute juries. Those of the lately enfran.
chised who are wise and rejecting will not
ask for more They will rather deprecate
kind of legislation which, instead of ad
vancing their present condition, only rem
Iders the enemies of their race more bittel
aud determined in their hostility, and fur
nishes them weapons whereby to assail tht
rights which the colored men have already
acquired. In returning this bill without
my signature, it is hardly necessary for me
no say that am prepared, SO far as lies II
my province and power, to enforce the new
Constitution as it exists such is my de
sire, as we'll as my duty. But when ] fine
the act in question to be, in my best judg
ment, unnecessary and unwise, and, for thu
reasons have stated, calculated to demon
alize the public conscience and intensif!
distinction which will surely yield to tn
power of time, and the growth of NOR
Catholic views of our personal relations, i
becomes no less clearly my duly to declin
to sign it. - II. y. WARMorH, z
Governor Of Louisiana.
l.