The Carolina Spartan. (Spartanburg, S.C.) 1852-1896, April 12, 1866, Image 1

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"vt.. - * ^ . . . v . ^ v"' * * * 1 - i sas G&88UB& sfassaa. ' ' # -,n. ' ..... a | BY F. M. TRIMMIER Devoted to Education, Agricultural, Manufacturing and Mechanical Arts. $2.00 IN ADVANCE VOL XXIII. * SPARTANBURG, S. C., THURSDAY, A PRIL 12, 1866. NO 11 THE HMS&L3& S2M8MI IB rVDLllllID ITIIT THURSDAY MORNING, a r Two Dollars (Specie) in Advance. RATES OF ADVERTISING. One Square, First Insertion, $1 ; Subsequen Insertions, 75 cents. THE VETO MESSAGE. The following is the message of President Johnson vetoing the Civil Rights Bill : T j the Senate of the United State* : I regret that the bill which has passed both Houses of Cougiess, entitled "An Act to protect all persons in the United States in their civil rights, and furnish the means of their vindication," contains provisions which I cannot approve, consistently with my sense ot duty to the whole people, and my obligations to the Constitution of the United States, I am, thcreloio, constrained to return it to the Senate (the House in which it originated) with my objections to its becoming a law. By the first section of the bill, all persons born in the United States, and not subject to nny foreign power, excluding Jri'lians not taxed, arc declared to bo citizens of the Uuited States. This provision comprehends the Chinese of the Pacific States, Indians subject to taxation, the people called Gipsies, as well as the entire race designated as blacks, people of color, negroes, muluttoes and poisons of African blood. Every individual of theso races, born in tho United States, is by the bill mn.ln ? AUIonn ikn 1, IIUX4V U VIVIbVII W1 HIV. V Ul.tU UUHUO. li docs not purport to declare or oonfer any other right of citizenship than Federal oit izenship; it docs not propose to give these classes of persons any status as citizens of States, except that which may result from their status as citizens of the United States. The power to contcr the right of State cit izenship is just as exclusively with the several States, as the power to confer the right of Federal citizenship is with Congress. The right of Federal citizenship, thus to he conferred In the several excepted ratios before mentioned, is now, tor the first tinio, proposed to be given by law. If, as is claimed by many, all persons who are native burn, already are, by virtue of the Constitution, oitizeus of the United States, the passage of the pending bill cannot be necessary to make them such. It, on the other hand, such persons arc not citizens, as may be assumed from the proposed leg islation to make them such, the grave question presents itself whether, where eleven of the thirty-six States are unrepresented in Congress at the time, it is sound policy to make our entire colored population, aud all other excepted classes, citizens of tho United States. Four millions of them have just emerged from sluvery into free doui. Can it be reasonably supposed that entitle them to all the privileges and iin muni ties ot citizcuship ol the U nited States? Have the people of the several States expressed such a conviction ? It may also be asked whether it i? necessary that they should be declared citizens in order that they may be secured in the enj >yment of the civil rights proposed to b? conferred by the bill'/ Those rights are, by Federal as well as by State laws, secured to all do miciled aliens and foreigners, even beforo the completion of the process of naturalization; and it may safely be assumed that the same enactments nro sufficient to give like prol- ction and bene tits to those lor whom this bill provides special legislation. Besides, the policy of the (iovcrniucnt from its origin to the present time seetus to have been that persons who are strangers to and unfamiliar with onr institutions and our laws, should pass through a certain probation, at the end of which, before at taiuing the coveted prize, they must give evidence ot their fitness to receive and to exercise the rights of citizens as contemplated by the Constitution of tho United States. The bill in cficct proposes a dis crimination against large numbers of intelligent, worthy and patriotic foreigners, and in f'uvor of the negro, to whom, after long years of bondage, the avenues to freedom And intelligence have just now been sud donly opened. He must ot necessity, from his previous unfortunate condition of sor vitudo, be less informed as to the nature and character of our institutions than he who, coming from abroad, has to some extent, at least, fumiliarizcd himself with the principles of a Government to which ho voluntaiily entrusts life, liberty and tho pursuit of happiucss. Yet it is now pro posed by a single legislative eimatm?io confer the rights of oitxena upon all persona of African descent, born within the extended limits of the United StatC9, while persona of foroign birth, who make our land 4k their home, must undergo a probation of five years, and can only then become citizens upon prooi that they are of good moral character, attached to tho principles of the Constitution of tho United States, and well disposed to the good order and happiness of the same. Tho first section of the bill also contains an enumeration of the rights to be enjoyed by those classes fo made citizens in every Stale and Territory in the United States. These rights arc, to make and enforce contracts, to cue, be parties and give evidence, to inherit, purchase, j lease, sell, hold, and convey real and personal property, and to have lull and equal benefit of all laws and proceedings for the security of persons and property as is en joyed by whito citizens So too they are inade subject to the same punishments, pains and penalties, common with whito citizens, and to nono others. Thus a per feet equality of the white and colored races is attempted to be fixed by Federal law in every State of the Union, over the vast field of State jurisdiction coverod by thesu enumerated rights. In no one of them can any State exercise any power of discrimination between different races. In the exercise of State policy over matters exclusively affecting the people of each State, it has frequently been thought ex pedient to discriminate between the two races. By the statutes of some of the States North, as well as South, it is enacted, for instance, that no white person shall intermarry with a negro or mulatto. Chancellor Kent says, speaking of the blacks, that marriage, between them and the whites arcTorbiddcu in some of the States where slavery does not exist, and they are prohibited in all the slave-holding States by !uw; and, when not absolutely contrary to law, they are revolting, and regarded as an offenee against public docorum. I do not say that this bill repeals the State laws, on tho subject of marriage between the two races, tor as the whites are forbidden to intermarry with the blacks, the blacks can only make such contracts as the whites themselves are allowed to make, and there fore can not, under this bill, enter into the marriage contract with the whites. I take tfiis discrimination, however, as an instance of the State |>oiicy as to discrimination, and to inquire whether, if Congress can abrogate all State laws of discrimination between the two races, in tho mutter ui real estate, of suits, qnd of contracts generally, Congress may not aUo repeal the State laws as to the contract of marriage between the races? Hitherto, every subject euibruccd in the enumeration of rights contained in the bill lim been considered as exclusively belonging to the States: tlicv all relate to the internal policy and economy of the respective States They are mutters which, in each State, concern the domestic condition of its people, varying in each according to its own peculiar circumstances and the safety and well-being ol its own citizens. 1 do not mean to say that upon all these subjects there are not Federal restraints, as, for instance, in the State power of legislation over contracts, there is a Federal limitation that no State shall puss a law impairing the obligations of contracts; and, us to crimes, that no State shall pass un ex pott t'nrto law, and, as to money, that no State shall make anything but gold and tilver u legal tender. Hut where can we hud a Federal prohibition against the pow*-r of any State to discriminate, as do moat oi them, between aliens and citizens, between artificial persons call ed corporations and naturalized persons in the right to hold real estate? If it be granted that Congress can repeal all State laws discriminating between whites and blacks, in the subjects covered by this bill, why, it may be asked, muy not Congress repeal in the same wuy, all State laws dis criminating between the two laces on the subject of suffrage an-i office ? If Congress can declare by law who shall hold lands, who shall testify, who shull have cupucity to make u contract in a State, then Con grcss can also by luw declare who, without j regard to race or color, shall have tho right I to act as a juror or as u judge, to hold any : office, and finally to vote iu every State und 1 Territory of the United States. As respects the Territories, they come within the pow- ! er of Congress, tor ns to them tho law- j making power is tho Federal power; but j as to tho States no similar provision exists, vesting in Congress the power to make rules und regulations for them. The object of tho second section of the bill is to atlord discriminating protection to colored persons in the full enjoyment of) all the rights secured to them bv the nrn - # I" ~ ceding section. It declares that " any person who, under oolorot'any law, statute, ordinance, regulation or custom, shall sub jeet or cause to be subjected any inhabitant of any Stato or Territory to the deprivation of any right sccurod or protected by this act, or to different punishment, pains or penalties on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment of crime, whereof the party shall have been duly convicted, or by reason of his raco or oolor, than is prescribed for the punishmont of white persons, shall be deemed guilty of a misdemeanor, and on con viotion, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, in the discretion of the Court." This section seems to bo designed to apply to some existing or future law of a State or Territory, which may conflict with the provisions of tho bill now under consideration. It provides for counteracting such forbidden legislation, by imposing fine and imprisonment unon the legislators who may pass such conflicting laws, or upon the officers or agents who shall put or attempt to put them into execution. It means an official offence, not a common crime, committed against law upon the * 'L- ?- - 1 ? isviov>u ui jnujjunjf iuu uiacK race, oucb an act may deprive the black man of his property, but not of his right to hold property. It means a deprivation of the right itself, either by the State Judiciary or tho State Legislature. It is, therefore, nssum cd that, under this action, members of a State Legislature, who should vote for laws conflicting with the provisions of the bill, that J udges of the State Courts who should render judgments in antagonism with its terms, and that marshals and sheriffs who should as ministerial officers execute processes sanctioned by State laws and issued by State Judges in execution of their judg tuents, could be brought before other tribunals and there subjected to fine and im prisonment, for the performance of the duties which such State laws might impose. The legislation thus proposed invades the judicial power of the State. It says to every State Court or Judge : if you decide that this act is unconstitutional; it you refuse under the prohibition of n State law, to allow a negro to testify ; if you hold that over such a subject matter the said law is paramount, under oolor of a State law refuse the exercise of the right to the negro; your error of judgment, however conscientious, shall subject you to tine and imprisonment. ( do notapprehcud that the conflicting legislation which the bill seeuis to contemplate is so likely to occur, aR to render it necessary at this time to adopt a measure of such doubtful constitutionality. In the next place, this provision yl the bill seeuis to be unnecessary, as adequate judicial remedies could be adopted to secure the desired end without t-.ivading the immunities of legislators, always important to be preserved in the interest ot public liberty, notwithstanding the independence o! the judiciary ; always essential to the preservation of individual rights, and without impairing the efficiency of ministerial officers, always necessary for the maintenance of public peace aud order. The remedy proj?osed by this section secins to he in this respect uo only enomalons but unconstitutional, for the Constitution guarantees nothing with certainty if it does not ensure to the several States the right of making index ruling laws in regard to all matters arising iu their jurisdiction, subject ' only to the restriction, in cases of conflict with the constitution, and constitutional laws of the Cnitcd States?the latter to be as the supreme law of the land. The third section gives the District! 1'ourts of tlie United States exclusive cog | nitancc of all crimes and offences committed ! against the provisions of this act, and cou j current jurisdiction witli the Circuit Courts Ot the (nttcd States, of all civil and cruui nal cases affecting persons who are denied, or cannot cnlorcc in the courts, or judicial tribunals ot the State or locality where they may be, any of the rights secured to them by the first section. The construction which 1 have given to the second section is strengthened by this third section, for it uiukes clear what kind of denial, or depri vation oi rightsseeured by the fir>t section, ; was in contemplation. It is a denial or deprivation of such rights in the courts or judiciul tribunals of the State. It stands, therefore, clear ol doubt, that the offence j and the p? naltics provided in tho second section arc intended for the State Judge, who in the clear exercise of his tun tions xs a judge, not acting ministerially hut ju dicially, shall decide contrary to this Federal law. In other words, when a State Judge, acting upon a question involving a Conflict between a State law and a Federal law, and hound,according to Ins own judgment unit Piiiinnnoll.ilit.. .v^ifuuinuiuij, w gnu mi iu par tial decision between the two, cornea to the conclusion that the State law is valid and the Federal law is invalid, he must not lollow the dictates of his own judgment, at the peril of fine and imprisonment. The legislative department of the Government of the United States thus takes from the Judicial department of the States the sa- j crod and exclusive duty of judicial decis ion, and converts the State Judge into a mere ministerial officer, bound to decide according to the will of Congress. It is clear thut in States which den^ to persons,' whose rights are secured by tho first section of the bill, any one of those rights, all criminal and civil cases affecting them will, by tho provisions of tho third section, come under the cxecutivo cognisance of the Federal tribunals. It follows that if in any State, which denies to a colored person any one of all these rights, that person should coinuiit a crime against the laws ot a State ?murder, arson, rape, or any other critue ?all protection and punishn cnt, through the courts of the State, are taken away, and he can only bo tried and punished in the Federal Courts. How is the criminal to be tried, it the offence is provided for and punished by Federal law f That law, and no* the State law, is to govern. It was only when the offonce docs not happen to be wi.hin the province of Federal law that the Fe leral Courts arc to try and punish him under any otber law. Then resort is to be hud to common law, as modified and changed by State legislation, so far as the same is not inconsistent with the Constitution and laws of the United States. So that over this vast domain of criminal jurisprudence, provided by each State for the protection of its citizens, and for the punishment of all persons who violated its i .awti. reuerai law. wherever it can be made to apply, distances State law. The question here naturally arises, from what source Congress derives the power to transfer to Federal tribunals certain classes of cases euibiuced in this section. The Constitution expressly declares that the judicial power of the United Slates " shall extend to all cases in law an? equity, arising under the Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting embassadors or other publie ministers and consols; to all cases of admiralty nnd maritime jurisdiction ; to controversies to which the United States shall be a party ; to controversies between two or more >!ate* ; between a State and citizen of another State ; between citizens of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects." Here the judicial power of the United States is expressly set forth and defined ; and tho act of September 24, 178U, established the judicial courts of the United States, in conferring upon tho Federal Courts jurisdiction over cases originating in State tribunals, is care ful to confine them to the classes enumerated in the above recited clause of the Constitution. This section of the bill undoubtedly comprehends cases and auihorizes the exercise ot powers that are not, by | the Constitution, within tha jurisdiction ot | tho Courts ol the United States To transfer them to these courts would he un exercise of authority well calculated to excite distrust and alarm on the part of the State*, for the bill applies alike to all of them, as well us to those that have not been engaged in reliellion. It may be assumed that this authority is incident to the power grunted to Congress by the Constitution us recently amended to enforce by appropriate legislation the article declaring that neither slavery nor involuutury servitude, except as a punishment for criuic whereof the party shall have been duly convicted,shall exist within tho United States, or any place sU' jeet to their jurisdiction. It can not, however, be justly claimed that, with a view to the enforcement ot this article ot the Constitu'ion, there is at present any necessity for the exercise of all the powers which this hill confers. Slavery has been i abolished, and at nr<??u??? ??? ? , - _ V?VM? ill' WUCIU Clia'S within the jurisdiction ot the United States. Nor has there been, nor is it likely there will be any attempts to revive it by the people ot the States. If, however, any such attempt shall be made, it will then become the duty of the General Government to exercise any and all incidental powers mcessary and proper to maintain inviolate this great law of freedom. The fourth section of the bill provides that offi cers and agents of the Frecdnien's llurcau shall be empowered to make arrests, and also that other officers may be specially commissioned for that purpose by the I'ro sident ot the United States. It also authorises the Circuit Courts ot the United States and the Superior Courts of the Territories, to appoint, without limitation, Commissioners who are to be charged with the performance of quasi judicial duties. The fifth section emjKiwers the Commissioners so to be selected by the Court, to appoint, in writing, one or more suitable persons from time to time to execute warrants and other processes desirable by the bill. These numerous official agents arc made to constitute a sort of police in addition to the military, and are authorized to summon a potsr cvmitatiu, and even to call to their aid such a portion of tho land and naval forces i?f the 1 nited State.-, or of ! the militia " as may be necessary to the performance of the duty with which they are charged." This extraordinary power is to be conferred upon agents irresponsible ; to the Government and to the people, to ! whoso number tho discretion ot the Com? l tuissioncrs is tho only limit, and in whose ' hands such authority might ho made a tor1 riblc engine of wrong, oppression and t i "> iruuu. i ne general statutes regulating the laml and naval forces t.f the United States, the militia and the execution of tho law-, aro believed to be adequate to any emergency which can occur in tiiuo of peace 11 it should prove otherwise, Congress can I at any time amend those laws in such man | ncr as, while subucrving the public welfare, not to jeopard the rights, interests and lib* ertiea of the peopl**. The seventh section provides that a fee of 810 shall be paid to each Commissioner in ever; case brought before him, and * fee of five dollars to his deputy or depu* tics for each person he or the; ma; arrest and take before any such Commissioner, with sueh other fees as mar he deemed reasonable bj such Commissioner in general for performing such other duties as may be required in the premises. All these fees are to bo paid out of the Treasury of the United States whether there is a conviction or not; but in ~ ; .u vuau VTA WI1VIC" tion they arc to be recoverable from the defendant. It seems to me that under the Hgt/ influcnce of such temptations, bad men might convert any law, however beneficent, intoan instrument of persecution and frand Hy the eighth section of the bill, tho United States Courts, which sit in only one placafor white citizens, must migrato , with the Marshal and District Attorney, and nccessrrily with the Clerk (although ho is not mentioned,) to any part of the District, upon the order of the President, and there bold a court for the purpose of the more spe dy arrest and trial of persons charged with a violation of this act J and . there the judge and officers of the court must remain, upon the order of the President, for the time therein designated. The ninth section authorizes the President. or such person as he may empower for that pu pose, to employ such part of tho land or naval forces of the United States, or of the militia, as shall be necessary to prevent the violation and enforce the duo execution of this act. This language seems to imply a permanent military lorec that is to be always at hand, and whose only business is to be the enforcement of this measure over tho vast region where it is intended to operate. 1 do not propose to consider the policy of this bill. To me the details of the bill* are fraught with evil. Tho white raoc and black race of the South have hitherto lived together uudcr the relation of master and s.ave?capital owning labor. Now that relation is changed ; and as to own crtbip, capital and labor urc divorced. Ttie stand now picIi " * , ?.. ww.ci ui nseu. in mia new relation one being necessary to tho other, there will be a new udjustineut, which both arc deeply uiteiestcd in making harmonious. Each has equal power in setting the terms; and, it icit to the laws that regulate capital and labor, it is contiJcntly believed that they will satistuctbrily workout the problem. Capital, it is tr io, has moro intelligence ; but labor is uever so ignorant as not to understand its own interests, not to know its own value, and not to seo that capital must pay that value. This bill frustrates this adjustment. It intervenes between capital and labor, and attempts to settle questions ot political economy through the agency ot' numerous officials, whose interest it will be to foment discord between the two races; lor as tho breach widens, their employment will coutinue; and when it is closed, their occupation will terminato. In ull our history, in all our experience us a people living under Federal and State law, no such system as that contemplated by (be details of this bill ha.- ever before been proposed or nd >ptcd. They establish lor the security ot the colored race salt-guards winch go infinitely beyond any thai the general government has ever provided for the white race. In tact, the distinction of race and color is by the bill made to operate in favor ot the colored an l against tho white race. They interfere with the tuuu'cipallegislation of the States ; with relations existing exclusively bei ween a Si ate and its citizens, or between inhabitants of the same State ; an absorption and assumption ot power by the gen cral government which, if acquiesced in. must -ap and desirory our lederutive system oflimiied powers, and break down the barriers which preserve the rights of the Stales. It is an < other step, or rather stride, to centralization and the coucciitiaiiou of a.', legislative powers in the national government. The tendency of the bill must be to resuscitate tho spirit ot rehellion, and to arrest the progress of those influences which are more closely drawing arouud tne Stales the bonds of union and peace. My lamented predecessor, in his proclamation of the 1st ot January, 18t?3, ordered and declared that all persons held as slaves within certain Stales and parts of Stales therein designated, were, and thenceforward should be, free; and furl tier, that the Executive Government of the United State* i,i. >-? _ , ...v military and naval authorities thereof, would recognize and maintain tlio freedom of such persons. This guaranty 1ms hcen rendered especially obligatory an i sacred by the amendment of the Constitution abolishing slavery throughout the United Stales. I, therefore, fully rec .guise the obligation to protect and defend that class of our people whenever and wherever it shall become necessary, and to the full extent, com pat i le with the t oostitution of the United Slates. Entertaining these sentiments, it only remains for me to any that I will cheerfully co-operate with Congro-s in any measure that may be necessary for the preservation of the civil rights of the freedtnen, as well as those of all other classes of persons throughout the United States, by judicial process under equal and impartial laws, or conformably with the provisions of iho Federal Coosliiuiion. I now return the bill to Iho Senate, and regret that in considering the bills and joint resolutions, forty-two in number, which have been thus far submitted for my approval, 1 am compelled to withhold my assent from a second measure that has received the sanctiou of both Houses of Congress. AXPHRW JOHNSON.