Abbeville press. (Abbeville, S.C.) 1860-1869, April 13, 1866, Image 1
BY W. A. LEE AND HUGH WILSON. ABBEVILLE S C FRIDAY A putt iq ~ ' '?
UjIjMj, is. u. j K1DA Y, APRII 13, 1806. VOLUME XIII. NO. 52. 1
THE CIVIL RIGHTS BILL;
Veto Message op the President.
Tho following important message of
President Johnson, was 'transmitted to the
United States Senate on the 27th inst., giving
his reasons for returning tho " Civil
Rights Bill" with his signature:
To the Senate of the United Stales:
I regret that the bill which has passed
both houses of Congress, entitled " An act
to protect all persons in the United States in
their civil rights, and furnish the means for
their vindication," contains provisions which
Cannot approve, consistently with my sense I
of duty to tbe whole people, and my obligations
to the Constitution of tbe United
States. I am therefore constrained to re
turn it to tue Senate, the bouao in whicti
it originated, with my objections to its bocoming
a law.
By the first section of tbo biil, all person
born in the United States and not subject
lo any foeign power, excluding Indians not
taxed, are declared to be citizens of the
United 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,
mulattoes, and persons of African
blood. Every individual of these races, born
in the United States, is by the bill made a
citizen of the United States. It does not
purport to declare or confer any other right
of citizenship than Federal citizenship. It
does not purport to give these classes of per
...? -A? ci*_A i
fluub any biHius as citizens ui oiaies, except
that which may result from their status as
citizens of the Doited Slates. The
power to confer tho right of States citizenship
is just as exclusively with tho several
States as tho power to confer the right of
Federal citzenship is with Congress.
The right of Federal citizenship thus to
he confered on several excepted races before
mentioned is now, the first time, proposed
to hevgiven by law. If as is clamed
.many, all persona who aro native-borm
;already are, by virture of the Constitution'
.citizens of tho United States, tho passage
,of the ponding bill cannot be necessary to
.make them such. If, on the other hand,
such nersona are not citizens, as mav be
Assumed from the proposed legislation to
make tliem such, the grave question presents
itself, whether, when eleven of iho
thirty-si* States are unrepresented in Con.gresp,
at this time -it is sound policy to
make our entire colored population and all
other excepted classes citizens of the United
Slates? Four millions of t^em have just
.qmerged from slavery into freedom. .Can
it be reasonably supposed that tliey possess
the requisite qualifications to entitle them
to all the the priy leges and immunities .of
.citizens of the United States I Have the
people of the several States expressed Buch
a conviction ?
It may also be aaked whether it is neces
"?ary 4hat tbey should be declared citizens
in order that tbey may be secured in tbe
enjoyment of civil rights 1 Those rights
proposed to bo coferred by tbe bill are, by
Federal as well aB State lawB, secured to all
domiciled aliens and foreigners, even before
the completion of the process of naturalization
; and it may safely be assumed that
the Bamo - enactment* are sufficent to give
}ike protection and benefits to those for
.whom this bill provides special legislation.
Resides, the polioy of the government, from
its origin to the present' tipae, seems to
jbava bqen ihat persons who are strangers
to and unfamiliar with our institutions and
vQtfr laws should pass through n certain probation.
at tho end of which, before attnin ?
Jung the covote$ pritee, tbey mast give evidence
of their fitness to recive And to exercise'the
rights of citizens, as contemplated
by the Constitution of the United States.
.The fcUf, in effect, proposes a discrimination
agniDst large numbers of intelligent^
worthy and patrotio foreigners, and io faVprof
the negro, to whom, after long years
of bondage, the avenues to-freedom and intelligence
bare now been suddenly opened,
fie must Of necessity, from his previous un.
fortunate condiUbnof servitude, be Ifess informed
as to the naturo an# character of
"p$ Institutions . than be who, coining from
Abroad; ha<to#ome ex^nt, at l/Mtt, family
ian^Jbi^lfptincipi*'of a go*-*
foIao^rtlyrifr**?"H(ef
liberty and the pursuit of happine4s?" Yet
' s enactment,^ coiafer the ticht of citixefishtb
&%;Yi ' :< \H' .\'i
- - ' - J-*'
. ' ' *
The first sectioD of tbo bill also contains an
enumeration of tbo rights to be enjoyed by
theso classes, so niado citizens, " in every
Territory in the United States." These rights
are "To make and enforce contracts, lease,
sell, hold and convey real and personal prop
erty,M and to have " full equal benefit of all
laws and proceedings for tbe security of
person and properly as is enjoyed by white
citizens." So, too, they are uiade subject to
tbo same punishment, pains and penalties
in common with white citizens, and to nono
others. Thus a perfect equality of the
white and black raccs is attempted to be
fixed by Federal law, in every Stale of the
Union, over the vast field of Slate jurisdiction
covered by these enumerated rights.
In no one of theso can any one State ever
exerciso any power of discrimination between
tlia different tao.ps.
In the exercise of State policy over mattera
exclusively affecting tbe people of each
State, it Las frequently been thought expedient
to discriminate between tho two races.
By the statues of some of the Suites, Northern
as well as Southern, it enacted, for iustance,
that no white person Bliall intermarry
wilh a negro or mulatto. Chanceilor
Kent 8ays, speaking of the blacks, that
" marriages between them and the whites are
forbidden iu some of the Stales where sliiv.
ery dose not exist, and they are prohibited in
all tbe slaveryholding States, and when not
absolutely contray to law, they are revolti
intr and regarded as an oQenso against nnh
1 ic decor urn."
I do not say this bill repeals Slato laws
on tbe subject of marriage between the
two races, for as tbo whites nro forbidden
to intermarry with tho blacks, tbo .blacks
can only make such contiacis as the whites
themselves are allowed io make, and therefore
cannot, under this bill, enter into tho
marriage contract with tbe whites.
I cite this discrimination, however, as
an instance of tho State policy as to discrimination,
and to inquire whether, if
Congress can abrogate all State laws of
discrimination between the two races, in
tbe matter of real estate, of 6uits, and of
contracts generally, Congress may not al
so repeal the State laws as to the contract
of marriage between the two races? Hith*
erto every subject embraced in the enumeration
of rightB contained in this bill
> has been considered as exclusively belonging
to the States. They all relate to the
internal policy and economy of the respective
States. They are matters' which in
each State concern the domestic conditiou
of its peoplej varying in each according to
its ow.n peculiar circumstances, and the
safety and well-being of its own citizens.
I do not mean to spy that upon all tbese
subjects there are .not federal restraints;
as, for instance, in tho State power of leg*
islation over contract*, there is a federal
limitation that do State shall pass a law
impairing the obligations of contract; and
as to crimes, that no Slate Bhall pas6 an
ex post facto law; and as to money, that
noslate shall make anything but gold aod
silver a legal tender.
Bat where can we find a Federal prohibi|
tion against the power of any State to discriminate,
as do most of them, between
aliens and citizens, between artificial persons,
called corporations, and natural perI
eons, in the right to bold real estate ?
T# !i l - - -1 '
xi ii> ue graoiea inai uongress caa repeal
all State laws discriminating between whites
and blacks in the subjects covered by this
bill, why, it may be asked, may not Congress
repeal in the same way all State laws
discriminating between the two races on
the subjects of suffrage and office ? If
,Congress can declare by law who shall
bold lands, who shall testify, who shall
have capacity to make a contract in a
State, then Congress can by law also declare
who, without regard to color or race,
shall have the right to sit as a jaror or a
judee. to hold anv offirfl. J?nd. flnulla in
vole "in every State and Territory of the
United Stales." 4.3 reepecta the Territories,
they came within ihe power of X?oa-,
grew, forna to them, thelawiaaking power
is theFederal powef; bttt fa lo thft Stales,'
no similar provision exists venting in Congress
the power "to make roles and regi
"v"'" *' -'1;..
The object of tjie fc^ndjiectiqp of the
bill is id ft?rord d^r!fi)inftting'protectlon to
<?lbr^pe?onS;hi the fuj lenjoy mh tit tit al 1
tbe rigritft secured to.them by the preceding
aection.. !tl declarer Wthti any pefrtonwho,
au^ate, Or^paa^i/;
-regulation or custom ahall eubtebl. otiuioii
W^>abj?c?diaaylp_hab1linjof.ny.i^?l?
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bis color or race, than is prescribed for the
punishmont of white persons, 6lmll bo
deemed guilty of a misdemeanor, and, on
conviction, shall be punished by 6no not
exceeding one thousand dollars, or impiisonment
not exceeding one year, or both,
in the discretion of the court." Tbis section
6eems to be designed to apply to some
existing or future law of a State or Territory
which may conflict with the provisions
of the bill now under consideration. It
provides for counteracting 6uch forbidden
legislation, by imposing fine and imprisonment
upon tbo legislators who may pass
such conflicting laws, or upon the officers
or agents who shall put, or attempt to put,
linm into Avnnn I T?
t?.v<u iuwv vAbuunuu. 11 uiuaim an uuiCliii
tflfence, not a common crime committed
against law upon the person or property
of the black race. Such an act may deprive
tho black man of his property, but
not of the right to hold property. It means
a deprivation of tho light itself, either by
the Stale judiciary or the Siate Legislature.
It is, therefore, assumed that under this sec
tion members of State Legislatures who
should vote for laws conflicting with the
provisions of the bill; that judges of the
State counts who should render judgments
iu 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,
iu execution of their judgments, could be
brought before other tribunals and there
subjected to fine and imprisonment for the
performance of the duties which such State
taws might impose.
The legislation thu3 proposed invades
the judicial power of ilia Statu. It says
to every State court or judge, if you decide
that this act is unconstitutional; if
you refuse, under the prohibition of a State
law, to allow a negro to testify; if you
hold that over such a subject-matter the
State law is paramount, and "under color"
of a State law refuse the exercise of the
right to the negro, your error of judgment
however conscientious, shall subject you
to Gne and imprisonment. I do not apprehend
that the conflicting legislation
which the bill seem3 to contemplate ia so
likely to occur as to render it necessary at
ibis time to adopt a measure of such doubt
ful constitutionality.
In the next place, Ibis, provision of the
bill seems to be unnecessary, as adequate
judicial remedies could be adopted to secure
the desired end, without invading the
immunities of legislators, always important
to be preserved in tbe interest of public
liberty, without assailing tho independence
of the judiciary ; always essential to tho
pieservation of individual rights, and without
impairing the efficiency of ministerial
officers ; always necessary for the maintenance
of publio peace and order. The
.remedy proposed by this 6ec'tion Beem? to
"he, in this respect, not only anomalous but
unconstitutional; for tlio Constitution guarantees
nothing with certainty, if it does
not insure to the several States the right
of making and executing laws in regard to
all matters arising within their jurisdiction,
subject only to the restriction that in cases
of conflict with the Constitution and Constitutional
laws of the United Stales, the
latter phould be held to be the supreme
law of the land.
The third section gives the district courts
of the United States exolusive "cognizance
of all crimes and effecces committed against
the provisions of this act," and concurrent
jurisdiction with the circuit courts of the
United State3 of all civil and criminal ca- I
Be# "affecting persons who are denied or J
cannot enforce-in' the courts or judicial 1
tribunals of the State or locality, whore
they may be, any of the rights secured to !
them by the first amotion." The* const ruo- ]
tion which I hftxegiven the second section j
is sti^engthened by tliia third section, for it '
makes clear what, kind of denial or depri- '
vation of the rights secured by the first 1
section was in contemplation. It is a de-? 1
nmtpK^eprivatioo of su'ch fights in the
courtsfor judicial tribunals of the State." 1
. It stands, therefore, clear of doubt that <
the offenco'and the penalties provided iu ''
the second section are Intended for the 1
State judge who, in the clesr exercise of '
his functions.as tv judge, not acting minis* j
IAMUIIM: Lhi' -11-It 1
vum^ juuivimiijr, ouaii oeuiuo wn* '
trarjrto^ibii Federal law." la oiher words, j
when a Slaf'e-jadgc, aoiing upon a question J
in^olVinga conflict' totf <en .* State law
sdcI a Federal law, and ,
tp "bi? dWju<J^6Dt>W_ wpODaibiliiJU' te ,1
anlrtpartiali^iofl'. WWwor tlietwo, S
obnfoa'tb the conclusion Uial t6o *
*?-* - *"z-V'*i<r H '- ? ' Sja? ; ~JUp'
r, ,v '. -> ... ... / ?" t ?
' v"- - r *. ..: t i
judicial decision, and converts the Slate
judge into a mere ministerial officer bound
to decide according to the Vill of Congress.
It is clear tliat in States which deny to
persons whose rights are secured by the
first section of the bill any one of those
rights, all criminal and civil cases affecting
them, will, by the provisions of the third
section, come under the exclusive cognizance
of the Federal tribunals. It follows
that if, in any State which denies to a colored
person any one of all tboso rights,
that person should commit a crime against
the laws of tho State, murder, arson, rape,
or any other crime, all protection and punishment
through the courts of the State
are taken away, and ho can only be tried
and punished in the Federal courts. How
is the criminal to be tried ? If the offence
is provided for and punished by Federal
law, that law, and not the State law, is to
govern..
It is only when the offence does not
happen to be within the purview of Federal
law that ihe Federal Courts are to try
and punish him under any other law. Then
resort is to be had to " the common law,
as modified and changed" by State legisla
lion, " 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 own
citizcns, and for the punishment of all persons
who violate its criminal laws, Federal
law, wherever it can be made to npply, displaces
Stalo law.
The question here naturally arise3 from
what Bource Congres-s derives the power to
transfer to Federal tribunals certain classes
of cases embraced in this section ? The
Constitution expressly declares that the
judicial power of the Unilcd States "shall
extend to all ca?cs in law and equity arising
under tlm Constitution, the Ihws of the
United State3, nnd treaties made, or which
shall be made under their authority ; to all
cases affecting ambassadors, other public
ministers and consuls ; to all cases of admiralty
and maritime jurisdiction ; to controversies
to which the United States shall,
be a party; to controversies between two
or moro States ; between a State and citizens
of another State; between citizens of
different States; between citizens of tho
same State claiming land un*der grants of
different StateB, 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 ;
an^ the act of September 24, 1789, establishing
the judicial courts of the United
States, in conferring upon the Federal
courts jurisdiction ovet* cases originating in
the State tribunaU, is careful to conSne
them to the classes enumerated in tfie above
recited clause of tbe Constitution. This
section of the hill undoubtedly comprehends
cases and authorizes the exercise of powers
that are not, by the Constitution, within
tbe jurisdiction of the courts of the United
States. To transfer them to those .courts
would be an exercise of authority well cab
culated to excite distrust and Alarm op tbe
part of all the States, for the bill applies
alike to all of them, as well to tboie that
have as tjfc those that have not been-engaged
in rebellion. "
it may. be awumed that this authority is
incident to the power granted to Oongreta
by tbe Constitution, as recently amended,
to enforce, by appropriate legislation, the
article declaring thatf" neiibe(?laver.y norinvoluntary
servitude, exe6ptras'<iipunishment
for orime wh ereof the party shall
Lave been duly convicted, shallexist within
Lhe IJnited jSfatetf, ox .any pJaee . subject to. |
their jurisdiction.*'' It cannot, however, be j
justly claimed that, with a view to the enForcement
of this article of the Constitution,
there is at preeent any necessity for i
the exercise of all the power* which this ,
bill confers. .
RI**?ro hit Kaan aVnli.tmi] > ?
wvvu MVV9I1TUVU) OUU aV-.jirO* j
lODt nowhere exists within the jarisdibtjon
jf the United States, nor has there been,, ]
nor is it likely there will be aoy attempt
.o revive it,? by the people or the States, If, ,
bpwever, any sucU attempt be made, it will ,
i&fiQ become the-duty of ihf General Oo*- t
jrnmont to ex6rci*e any and sill incidental j
powers necessary Md ^fOptr to raaioUiip
nviolate thi* great Conetuatfonal low of .
freedptfi*. , :;,.V - V v~>. i
^ Tbo fourth section^ ot ihe bilj^ prov^-I
- - . r. v. . !<
. : '
m-i v... I
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section empowers the commissioners so to
be selected by the courts to appoint in wri ting,
uuder their hands, one or more suitable
persons from time to time to execute
warrants and other processes described by
the bill. These numerous official agents
are made to constitute a sort of police, in
addition to the military, and are authorized
to summon a posse comitatus, and even to
cnll to their aid sucli portion of the laud
and naval forces of the United States, or of
the militia, "as may be necessary to the
performance of the duly with which they
are charged.
This extraordinary power is to be conferred
upon agents irresponsible to the government
and to the people, to whose num
tier Hie discretion of iho commissioners is
llio only limit, and in whoso hands such authority
might be made a terrible engine of
wrong, oppression aud fraud. The general
statutes regulating tho land and naval
forces of the United States and militia, and
the execution of the laws, arc believed to be
adequate foe every emergency which can
occur in lime of peace. If it should prove
otherwise, Congress can at any time amend
those laws in such manner as, while subserving
tho public welfare, not to jeopard
the rights, interests aud liberties of tho people.
The seventh section provides that a fee
of ten dollars shall be paid to each commissioner
in every case brought before him,
and a fee of five dollars to his deputy or
ucpuues -ior encu person ne or tney may
arrest and take before any such commissioner,"
"wiili such oilier fees as may be
deemed reasonable by such commissioner,"
"In gerteral for performing such other duties
as may be required in the premises." All
iliese fees are to be "paid out of the treasury
of ihe United States," whether there is a
conviction or not; but in case of conviction
they are to be recoverable from the defendant.
It seems to me that under the influence
of such tempt aiions bad men might
convert any law, however beneficent, into
an instrument of persecution and fraud.
By the eighth section of the bill the
United States courts, which sit only in one
place for white citizens, must migrate, with
the marshal and district attorney (and necessarily
with ihe clerk, although he is not
meutioned) to any part of the district, upon
the order of the President, and there hold
a court "for the purpose of the more speedy
arrest and trial of persons charged with
a violation of this act;1' and there the judge
and the officers of the court roust remain,
upon the order of the President, "for the
liine therein designated."
The ninth section authoizeB the President,
or such person as he may empower for that
purpose "to employ such part of the land
and naval forces of the United States, or of
the militia, as shall be necessary to prevent
ine violation and enforce the due execution
of this act.*" This language seems to imply
a permanent military force, that is to be
always at hand, And whose only busioessia
to be the enforcement of this measure over
the vast region where it is intended to operate.
I do not propose to consider the policy of
this bill. To me the details of the bill Mem,
fraught withevil. The white racearid black
race of the South havp hitherto lived to-,
gether under the relation of master and,
slave?capital owning labor, -Now, sud- ,
denly, that relation is changed; and, as to' 1
ownership, capital and Inbor sro divorced.
They stand now. each master ofitaeiif. Ip
thin new relation, one being necessary to
the other, there will be a new,adjustment, ]
which both are deeply Interested in making
harmonious.
Each has equal power in settling the ]
term*, and if left to. the jaws that regulate
capital and labor, it is conQdently, believed. <
that, they will satisfactorily /work out the ,
problem. Capital, it is true, has more intelligence
; but laboir is never so ignorant as
not to understand its own interMU, not to
know its own value, and not to.ae? that
capital roust pay that, value. . Thj?
frustrates this adjustment Urinterrenes
between - capitaland rabor, anf 'attempts to *.
sotileouestlonsofooiiHcitiacoiWiiwr through '
ibe agency ofcnumtfou* offlciaU,*bdM id' j
tere?t ityrill baU> fonyodt 4i?oord ^WeepLheiVo
riwe^ ror m llielr 5
i
1* ' . ' ' ' : "' I :' .
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+*4Jp2 - '.' .',? .-*. : .. ? 1 .-*.
I 1 ! !
with tha relations existing exclusivly bo?*>
tweeu a Slate and its citizens, or between
inhabitants of tbe same State?an absorp*
tion and assumption of power by the Genera!
Government which, if acquiseced in(
must sap and destroy our federative system 1
of limited powers, and break down the bar*
riers which preseve tbe rights of the States.
It is another step, or rather stride towards
centralization, and tbe concentrating of all
legislative powers in the National Government.
The tendency of the bill must be to .
resuscitate the spirit of rebellion and to ar* 1
rest the progress of those influences which 1
are more closely drawing nround the States
ibe bonds of union and pence.
My lamented predecessor, in his procla*
mation of the 1st of January, 1803, orderfared
and declared tbat all persons beld as
slaves within certain States and parts of
States thereiu designated were and thence* I
ward should be free; and further, that the
Executive Government of the United States,
including the military, and naval author!* \
ties thereof, would recognize and maintain
the freedom of such persons. This -guar* j
anty has been rendered especially obligate* 1
ry and sacred by the amendmeut of the
Constitution abolishing slavery throughout t
the United States. I, therefore, fully rdcog*
nize the obligation to protect and defend 5
tbat class of our people, whenever and
wheie^er it Bball becoifee neceshary, and
to the full extent compatible with the .Con
Btitution of the United States.
Entertaining these sentiments, it only reV
mnins for me to say that I will cheerfully
co-operate with Congress in any tneasuro
that toay bo necessary for the protection of
tho civil rights of the freedmen, as well as
those of all other classes of persons through*
out the United States, by judicial process
under equal and impartial laws, in conformity
with the provisions of the Federal
Constitution.
I now return the bill to the Senate, and
regret that in considering the bills and
joint resolutions?forty-two in number-?
which have been thus far submitted fur my
approval, jl ain compelled to witlibold my
assent from n second measure thathaa received
the unction of both Houses of Con*
greis.
ANDREW JOHNSON.
"WAraisoTow, D. C., Mar:h 27, 1809*
mUTTKM rOK TBt AB1ETIIX* ruu.
KEJNTB8AW.
ir jo* r. b., ruDxoxr, a. o.
Ob, far from tha land where Tirta the Pal*
met to,
My spirit doth fly, Jcannot d?lay; t
Oh, give to ma my own native mountain,
That.frowns on tha waters of the "dark noon*
day" . .
How oft in childhood's daya bare X wandered.
By tby dark rolling water, since crimsoned
by war,
Or beard from tby banka the low muttering
thunder V
Tbat rolled from tb? umantot.tb* blue
Kenneiaw.
Tern have rolled by, Kanneeaw, ?1dm !'?
. wen yen, , ,
Yeara may roll by, ?r? I aaa tbaa again,
Tot, to me, Kannataw, thoa wilt ?r?r b?
dearer, ....
Tbo* I think cif tb? bipod thai but erimaoa*
cd thv plufn.
-- - ' -
Thoa but heard the d??p thunder of war'e la*
' tonatloo, ' 3. *. - .
And tha blood of tb. patriot fc.at erlnnntf
' ; ; \ - ' "4 - :
McPharaon f?il bUadlog in rltW of tbf graa.
A*****
Tk? i.?. t.: 9 at.' . *
*wjr mo|(a uits [rnsmb w llgsu h
Uughtar.
From memory'* dark pago Tiara with MM
pleuior*, . y
To dream of * loved one, my ooaapauiea
"lang eyflej"
Bow often together w# bin tlqj&ilri&Jfej
earnmiV '
Andpluek'ed from iby cmt the trailing jaimlar;
CJb^heaVte that ar*eeT?Wy*tjeanxfefjuJi
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