Year: 1868

NEW OhLhAhct OcBtchoCt WV
Warmsth to-day vetoed the negro equal.
ity bill, raising thereby a perfect storm
of denunciation from the negroes OF
what they term his ingratitude and
treachery to them and the Radical
party:


To the Honorable Speaker and Members Of the


House Of Representatives:


return to the House Of Represents
tives AN act to protect all persons in
their public and civil rights" without my
signature, for the following reason, to-wit:
The rights and privileges enumerated in
the first section of this bill, and sought to
be enforced thereby, are fully and ex-
plicitly recognized and established in
the Constitution of the State. Even a
foreigner, not citizen, has the same
right to travel and be entertained as q
citizen and there is nothing in our juris
prudence which makes distinctions on
account of race or color, except in SO far
as it relates to slavery. The organic law
of the land gives to all persons perfect
equality of civil and political rights, in
cluding the privilege of enforcing these
rights in the courts, and employing all
the legal remedies which have heretofore


been found requisite to secure their
rights to all persons.


The means proposed in the fourth sec
ton of this bill for enforcing these rights
are, however, in my judgment, not merely
novel and unprecedented, but impracti'
cable and pernicious. 1t seeks to make
that a crime which has never, in my
knowledge, been so considered in those
communities where the highest regard is
paid to the personal rights of all men.
There is and always ought to be broad
line of demarkation fixed between a
breach of obligation growing out of civil
contracts, and we demoralize the public
conscience and confuse its conceptions
of right and wrong when we seek to oblit.
crate so evident distinction. Our
statute book is filled already with crimi-
nal 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 ex-
amples of this sort, where acts not In
themselves criminal have been openly
declared so, and in this way lsvity OF
feeling in regard to real crimes has been
produced. We relapse into the legisla-
ton of less enlightened period when we
try to convert an act which is properly q
question of civil damages into an offeuse
against the peace and dignity of the
State; and it ought to be carefully borne
in mind that we cannet hope by legisla-
ton to control questions of personal as.
sociation. Much less can we hope to
force on those who differ from us our
views of what is humane, or courteous,
or christiau-like. Mutual forbearance
and kindness, and the noble belief in the
brotherhood of man, must spring from
higher source than the fear Of punish
ment They can never be forced to grow
by pains and penalties.


Again, so far as railroads and steam
boats are concerned, it must be borne in
mind that the regulation of CONNER
between the several States was wisely
confided, under 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 conflicting legislation
on such subjects by the different contigu-
GUS 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 no distinction is
clearly made between railroads and
steamboats, whose routes are wholly
within this State and those whose routes
are beyond. OF course our criminal ju-
risdiction cannot go beyond our State
lines; and in this respect the act seems
impolitic. and liable to produce unneces-
sary confusion and litigation.


For experimental legislation of this
kind, for which the sanction of no sue
cessful precedent can be sdduced, more
unfavorable occasion than the present
could hardly be imagined. Ir the midst
of most exciting political campaign, OF.
a time when the passions, animosities and
resentments consequent upon great war
and attendant upon great and sudden
changes in affairs, are aroused TO the
highest pitch of intensity, and when the
srejudices regarding race are inhamed to
the utmost, it is here proposed to enforce
by penal remedies what is practically
class legislation, and to maintain and
confirm class distinctions. The effect, in
my Judgment, Of such an act would be to
defeat, rather than to promote, the ends
apparently had in view by the author Of
the bill


The barriers Of race, instead Of being
thereby removed, would be increased 10
hight and breadth, in frmness and
strength. So long as these barriers are
so long will be deferred that
era of peace, order aHd prosperity in the
State to which mutual harmony and good
will are essential, and so long viii the
rights of the lately enfranchised linger
in the condition of doubt and insecurity.
The prejudices upon which these barriers
are founded have no foundation in rea-
son or natnre, and will surely give way
TO the softening influences Of time, un-
less they are constantly fretted into &C
tivity. In the meantime any person,
colored as well as white, is equally Sc
cured By the Constitution in The enjoy
meut Of political and civil rights, and in |
bis remedy fer 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 amenable 70. |
md dependent upon. al its citizens
.like-colored and white alike Constitute