Year: 1866




regret that the bill which has passed both houses O.
Congress entitled An act to protect all in the
United States in their civil rights and furnish the
for their vlndlcatOn, contains which
approve consistently with of duty to the whole
and my obligations to the constitution OF the Uni
Senate, the house in which originated with my objec
tions to it's becoming law.


By the first section of the bill, all persons born in the
States and not subject to any foreign power
the United States This provision comprehends the Chi
nese of the Pacific Staes Indians subject to taxation the
ted blacks people of color, negroes, mulatoes, and
persons of African blood Every individual Of these
born the United States by the bill made citizen OF


the United States 1t does ao pupor to declare or con-
fer any other right OF citizenship than federal citizenship
status citizens of Sates except that which result
power confer the right of State citizenship just
cusve with the several States the power to confer


The right of federal citizenship conferred
the several excepted before mentioned is now, for
ed by many all persons who native born already are
by virtue of the constitution, citizens of the United States


make them such. If, the other hand, such persons
not citizens, may be assumed from the proposed
legislation to make them sqch the grave question pre-
sents itself whether when eleven of the thrysx States
cy make entire colored population and all other
cepted classes citizens of the United States Four mil
dom Can it be reasonably Supposed that they
the requisite qualifications to entitle them to all the priv
Have the people of the several States expressed such


It may also be asked whether it is necessary that they
should be declared citizens in order that they may be
cured in the enjoyment of civil rghts Those rights pro-
posed be conferred by the bill by federal well
State laws secured all omced aliens and foreigners,
be fore the completion ofhe process Standardization
may safely be that the
sufficient to give like protection and bents to those for
whom this bill provides special legislation. Besides the
policy the government from its origin the present


time, to have been that persons who strangers
to and unfamiliar with our institutions and our laws should
pass through certain probation at the end of which,
before attaining the coveted prze they must give evil
dence of their fitness and to the rights
I O IS contemplated
United States.


The BILL in effect, proposes a discrimination against
large numbers of intelligent worthy and patriotic foreign
ers and in favor of the negro whom after long
of bondage the to freedom and intelligence have
been suddenly opened He must of necessity from
his previous unfortunate condition of servude be less
informed to the nature and character of our Institutions
than he. who coming from abroad has, to extent
at least, famiarzed himself with the principles of
ernment to which he voluntarily Gntrusts fe liberty and
the pursuit CT happiness. Yet it is now proposed by
single enactment to confer the right OF citizen
extended limits Of the United States, while persons of
go probation of five years, and can only then become
citizens upon proof that they are Of moral chsrae
United Sates and well disposed to the good order and
happiness of the same


ton of the rights to be enjoyed by these classes made
citizens, I'm every State and Territory of the United
tracts to sue, be parties and give evidence to inherit
purchase lease SELL hold and real and personal
and proceedings for the sucuy of and property
as is enjoyed by white citizens &c. too they are made
mon with white citizens and to none others Thus per
be fixed by the federal law in every State of the Unon
the field of State jurisdiction covered by these
enumerated rights. In no of these any State
exercise any power of discrimination between the


In the exercise of State policy over matters exclusively
affecting people of each State has frequently been
thought expedent to discriminate between the two races
By the statutes of the States, Northern well
Southern is enacted for instance that no white person
shall intermarry with negro or mulatto. Chancellor
Kent says, speaking of blacks that marriages between
and the whites forbidden in of the States
slavery does not exist and tney are prohibited in
all the saveholdng States and when not absolutely
tray to law they revong andregarded as an ofense
aginst public decorum"


do not say this bill repeals State laws on the subject
marriage between the two races for the whites
forbidden to ntermary with the blacks the blacks can
only make such contracts as the whites themselves are
allowed to make and therefore cannot under this bill,
enter into the marriage contract with the whites.


cite this discrimination however, as an instance OF the
State policy to discrimination and to inquire whether,
between the in the matter of real estate of
suits, and of contracts generally, Congress may not
riage between the races? Hitherto every subject
the enumeration of rights contained in this bill
They all relate the internal policy and economy of the
respective States. They matters which, in each State
domestic condition OF its people,
each according to its peculiar circumstances and the
safety and webeng pitts own elz4hs % 90 & not mean
restraints for instance in the State power OF egsa
tract and as to crimes that State shall
acto law and as to money that no State shall make any


But where can find federal prohibition against the
power of any discriminate do most OF them,
between aliens and citizens between artificial persons call
corporations and natural persons IN the right to hold
real estate?


If it be granted that Congress repeal all State laws
between whtes and blacks In the subjects
covered by this Bill Why it may be asked may not Con-
repeal the all State laws discriminating
Between the two races the subjects of suffrage and
office? If Congress declare by law who shall hold
lands who shall testify who shall have capacity to make


contract State, then Congress can by law also de-
clare who without regard to color shall have the
right sit Juror or judge, to hold any ONCE and


United States AS respects the Territories, they come
within the power of Congress, for as to them the law
making power the federal power but as to the States
no similar provision exists vestng in Congress the
6 to make rules and regulations" for them


object of the second section OF the Dill Is to afford
discriminating protection to coored persons in the full
enjoyment of all the rights secured to them by the preced
n section 1t declares hat any personwho under color
subject to be subjected nhabtant OF any
State Territory to the deprivation of any right secured
or penalties account of such person having at any tune
been held in condition of slavery or involuntary
party shall have been duly convicted, by
reason of his race than is prescribed for the
punishment of white persons, shall be deemed guty OF
misdemeanor, and, cOnvction shall be punished by
fine not exceeding one thousand dollars, or
not exceeding year, both in the discretion OF the
court This section seems to be designed 20 Apply "
existing future law of State Territory "hlch
may conflict with the provisions of the bill now under CON
sderaOn 1t provides for cOuneractng such forbidden
legislation by imposing fine ard Imprisonment upon the
legislators who pass such conflicting laws, or upon
the ofcers or agents shall put attempt put them
W. nXecntion It means an Official offense not COM
crime committed against lay upon the persons or
property of the black race Such an act may deprive the
black man his property, but not of the right to bold
propertv deprivation of the right ITSELF eth
by the State judiciary or the State Legislature 1t Is
assumed that under this section State
Legislatures who should vote for laws conflicting with the
provisions of the BILL that Judges OF the State courts VINO
should render judgments IN antaSohls Tlsn m 1S
officers execute processes sanctioned DV State laws anu