The Ebensburg Alleghanian. (Ebensburg, Pa.) 1865-1871, April 05, 1866, Image 1

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"VT r Pilltnp rind T rnnrlntnr
TOD" J1UTCIIWSON, Publisher.
I WOULD RATHER BE RIGHT THAN PRESIDENT. Henry Clay.
VOLUME 7.
EBENSBURG, PA., THURSDAYAJPRIL 5. IS
TERMS:?300 PER AXXUM.
I $2.00 IX ADVAXCE.
LIST OF POST OFFICES.
T... ir . . I. .4 1 -
. j niirft. irosi masters. iuinm.
i'. ... Serines, nenry Nutter, Chest.
I :;0augh, A. G. Crooks, Taylor.-
rn Jillouston, Wa3hint'n.
Itibu'rg. Jonn Thompson, Ebensburg
In Timber, C.Jeffries, White.
"" Af;iia Peter frftrman. Susa'han.
nin m - .
j. .u. uunsiy,
Wm Tiley, Jr.,
I. E. Chandler,
M. Adlesberger,
alock,
ha;town,
retto,
:ntpr,
ittsville,
Augustine,
ilp Level,
:iman,
mmerVvU,
imitiit,
imore,
Ualmzin.
Washt'n.
Johnst'wn.
Loretto.
Tlie Civil Rights Illll Veto
message or the President.
A. Purbin, Munster.
Andrew J Ferral, Susq'han
Stan. Wharton,
Georpe Revkey,
B. M'Colgan,
Georpe B. Wike,
Wm. MConneU,
J. K. Shryock,
Clearfield.
Richland.
Was "nf d.
Croyle.
Washt'n.
S'nierhill.
ic
.nt.
ilIJURCIIES, awe.
Presbyterian Rev. T. M. Wilson, Pastor.
.,.,.hinr pvprv Saubatn morninsr ai iuj
e . , . i o.i.
u.wi in tii pveninsr at I o ciocn. oau-
h School at 9 o'clOCK, A. -u. rrajrr iucci-
vrv TlmrsJav evening: at b o cioch..
.hoJist Episcopal C!iurchV.r.. A. Baker,
htr in charge. Kev. J . i'ekshi.m,,
IV-aching every alternate saouam
-in" at 10J o'clock. Sabbath bchocl at y
iwC A. M. rrayer meeting every Wednes
.: evening, at 7 o'clock.
iTr.'cA Independent Rev Ll. R. Powell,
;tor rrc?.ching every Sabbath morning at
o'clock, and iu the evening at 6 o'clock,
ir.ath FchooI at 1 o'clock, P. XI. Prayer
et'u- on the first Monday evening of each
mtlK "! on everv Tuesday, Thursday and
.Viday evening, excepting tue nrst wceiw in
vk'.-h month.
Ct!rMtie .VrtMiW Ret. Mono an Ellis,
,-tor i're:uhin every Sabbath evening at
in.l 6oVJoi-k. Sabbath School at U oclocif,
M. Fin er meeting every r naay evening,
7 o'clock, society every Tuesday evening
7 o'clock.
Rev. W. Lloyd, Pastor. Preach
: every Sabbath morning at 10 o'clock.
"r'.iculur Baptists Rev. David Eyaxs,
t. Preaching every Sabbath evening at
;ck. Sabbath School at at I o'clock, P. XI.
:olic Rev. R. C. Christy, Tastor.
ts every Sabbath morning at 10i o'clock
c;pers at 4 o'clock in the evening.
MAILS ARRIVE,
em. daily, at 9.55 o'clock,
i.rn,
M.
M.
' at C.25 o'clock
MAILS CLOSE.
ern, daily, at 5 o ciock, tr. .u.
rn, " at 8 o'clock, P. M.
3b, The wails from Grant, Carrolltown,
arrive on Monday, Wednesday and
lay of each week, at 3 o'clock, P. M.
eave Lbenshnr'r on Tuesdavs, lnursuaya
Saturdays, at 1) o'clock, A. 31.
RAILROAD SIIEniTJL..
CRESSON STATION.
t Dalt. Express leaves at
rhila. Express '
Fast Line
Jl.iii Train
Altoona A ccom.
f riiila. Expresa
Fast Line
it
C.55 A.
9.55 A.
10.33 P.
9.G2 P.
4.32 P.
J'y Kxr.ress
Cincinnati Ex.
A.ltoona Accom.
SAO P.
2.21 A.
C.41 A.
2.10 P.
5.21 P.
M.
M.
M.
M.
M.
XI.
M.
XI.
XI.
XI.
The following is the message of Presi
dent Johnson vetoing the Civil Rights
bill :
To the Senate of tlie United States . 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
of their vindication," contains provisions
which I cannot approve, consistently with
my sense of duty to the wholo people and
my obligations to the Constitution of the
United States. I am, therefore, con
strained 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 per
sons born in the United States, and not
subject to any foreign power, excluding
Indians not taxed, are declared to be citi
zen j 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 Afri
can blood. Every individual of these
races, born in the United States, is by the
biil made a citizen cf the United Srate3.
It does not purport to declare or confer
any other right ot citizeuship than fed
eral citizenship - it does not propose to
give these classes of persons any status a3
citizens of States, except that which may
result from their status as citizens of the
United States. The power to confer the
right of State citizenship is just a3 exclu
sively with the several States, as the power
to confer the right of federal citizenship
is with Congress. The right of Federal
citizenship, thus to ba conferred on "the
several excepted races before mentioned,
is now, ior me nrst time, proposea to be
given by law. If, as is claimed by many,
all persons who are native born already
are, by virtue of the Constitution, citizens
of the United States, the passage of the
pending bill cannot be necessary to make
them such. If, on the ether baud, such
persons are not citizens, as may be assu
med from tho proposed legislation to make
them such, the grave question presents
itself whether, when eleven of the thirty
six States are unrepresented in Congress
at the time, it is sound policy to make
our entire colored population, and all other
excepted classes, citizens ot the United shall pass an ex post facto law j aud as to
ciaies. a our minions oi tneni nave just money, that no State uhall make anything
emerged from slavery into freedom. Can but gold and silver a legal tender. 3ul
it be reasonably supposed that they pos
sess the requisite qualifications to entitle
them to all the privileges and immunities
with white citizens, and to none others.
Thu3 a perfect equality of the white and
black races is attempted to be fixed by
Federal law, in every State of the Union,
over the vast field of State jurisdiction
covered by these enumerated rights. In
no one of these can any State ever exercise
any power of discrimination between the
different races.
In the exercise of State policy over
matters exclusively affecting the people of
each State, it has frequently been thought
expedient to discriminate between the
two races. I3y the statutes of some of the
State?, Northern as well as Southern, it is
enacted, for instance, that no white per
son shall intermarry with a negro or mu
latto. Chancellor Kent pays, speaking of
the blacks, that "marriages between them
and the whites are forbidden in some of
the States where slavery does not exist,
and they are prohibited in all the slave
holding State.3, and when not absolutely
contrary to law, they aro revolting, and
regarded as an offence against public de
corum." I do not say this bill repeals State law9
on the subject of marriage between the
two races, for 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 cannot under this bill enter into the
marriage contract with the whites. I
cite this dissrimination, however, as an
instance of the State policy as to discrim
ination, and to inquire whether, if Con-
all totate laws of
discrimination between the two races
NUMBER 25.
gress can abrogate
. i
in
the matter of real estate, of suits, and of
contracts generally, Cougress may not also
repeal the State laws as to the contract of
marriage between tho two races? Hith
erto every subject embraced in the enu
meration of rights contained in this bill
has been considered as exclusively be
longing to the States. They all relate to
the internal policy and economy of the
respective States. They arc matters which
in each State concern the domestic condi
tion of its people, varying in each accord
ing to its own peculiar circumstauces, and
the safety and well being of its own citi
zens. I do not mean to say that upon all
these subjects there are not Federal re
straints, as for instance, in the State power
of legislation over contracts, there is a
Federal limitation that no State shall pass
a jaw impairing tlie obligations ot
tracts : aud as to crimes, that no State
coc-
of citizenship of the United States ? Have
the people of the several States expressed
such a conviction ? It may also be asked
whether it is necessary that they should
be declared citizens in order that they
may be secured in the enjoyment of civil
rights. ' Those rights proposed to be con
ferred by tho bill aro, by Federal as well
as State laws, secured to all domiciled
aliens and foreigners even before the com
pletion of the process of naturalization :
acd it may Eafely be assumed that the
same enactments arefufficient to giva like
where can we find a Federal prohibition
against the power of any State to dis
criminate, as do most of them, between
aliens and citizens, between artificial
persons called corporations and natural
persons, iu 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, may
COVTY OFFICERS.
udjes of the Courts President Hon. Geo.
luntinfrdon ; Associates. Georsre V,.
ey, Henry C Devine.
:ty.noarGeo. Q. X. Zahra.
;;i. frT and Recordfr James Griffin.
""'James .Myers.
i'-ict Attorney. John F. Barnes.
'Ty Commissioners John Campbell, Ed-
'S3, h. 11. Dunnetran.
t to CummissionerHWilheim II. Sech-
viwfr Barnabas XI'Dermit.
r'o Treasurer John Lloyd
'"House Directors Georze M'Cullough, tions and our laws should nass through n snppt tho TAr,'f,;0 i ' '
em the
power;
therefore assumed that under this section
members of State Legislatures who should
vote for laws conflicting with the provis
ions of the bill ; that judges of the State
courts who should render judgments in
antagonism with its terms j and that mar
shals and sheriffs, who should, as minis
terial officers, execute, processes, sanction
ed by Stato laws and issued by State
judges, in execution of their judgmebts,
couid be brought before other tribunals
and there subjected to fine and imprison
ment for the performance of the duties
which such State laws might impose.
- The legislation thus proposed invades
the julicial power of the State. It says
o every State court or judge, it you decide
that this ac$ 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 ot the right
to the negro, your error of judgment,
Itowe'ver conscientious, shall subject you
to fine and imprisonment. I do not ap
prehend that the conflicting legislation
which the bill seems to contemplate is so
likely to occur as to render it necessary
at this time to adopt a measure of such
doubtful constitutionality.
In the next plac this provision of the
bill seems to be unnecearyj as adequate
judicial remedies could bo adopted to
secure the desired end without Vovadin"
the immunities of legislators, a'ways iu
portant to be preserved in the interests ot
public liberty; without assailing the inde
pendence of 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 ahd order.
The remedy proposed by this section
seems to be, in this respect, not only
anomalous but unconstitutional ; for tho
Constitution guarantees nothing with
certainty if it does not insure to the sev
eral States the right of making and exe
cuting 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 States, the latter
should be held to be the supremo law of
the land. -
. The ' third section srives the District
Courts of the United States exclusive
"cognizance of all crimes and offences
committed against the provisions of this
act," and concurrent jurisdiction with the
Circuit Courts of the United States of all
civil and criminal case? "affecting persons
who are denied or cannot enforce in the
courts or judicial tribunals of the State or
locality where they may be any of the
rights secured to them by the first section."
The construction which I have given to
the second section is strengthened by this
third section, for it makes clear what kind
of denial or deprivation of the rights
eecured by the first section was in con
templation. It is a denial or deprivation
what source Congress derives the power
to transfer to Federal tribunals certain
classes of cases embraced in this section ?
The Constitution expressly declares that
the judicial power ot the United States
"shall extend to all cases in law and equity
arising under this Constitution, the laws
of the United States, and treaties made,
or which shall be made, uuder their au
thority ; to all caes affecting ambassadors,
other public ministers and consuls; to all
cases of admiralty and maritime jurisdic
tion ; to controversies to which the United
States shall be a party ; to controversies
between two or more States, between a
State and citizens of another State, between
citizens of different States, between citi
zens of the same State claiming lnm1
under grants of different States, and be
tween a State, or the citizens thereof, and
foreign States, citizens, or eubiects."
not Congress repeal in the same way all of such rights "in the courts or judicial
oiam jaws discriminating between tao f wo tribunals ot the State. It stands, there
races on the subjects ot suffrage and of- fore, clear of doubt that the offence and
fice : If Congress can declare by law the penalties provided in the section sec
who shall hold lands, who shall testify, ond are intended for the State judge, who,
wno snau nave capacity to make a con- in the ciear exercise of his functions as a
protection and benebts to those for whom tract in a State, then Congress can by law judge, not acting ministerially, but judi-
tlus bnl provides special legislation also declare who, without regard to color cially, shall decide contrary to this Fed-
-eMdes, toe policy of the Government, or race, shall have the right to sit as a eral law. In other words, when a State
rem its origin to the present time, seems juror or as a judg3, to hold any office, jud-e, acting upon a question involving a
to have been that persons who are stran- and, finally, to vote "in every State and conflict hetweeu a State law and a Federal
ger3 to and unfamiliar with our institu- Terrirorv of the United St:ifn-" a l, -nr. Irt..,.rl ,.rrir
:e Orri, Joseph Dailey
George C. K. Zahm.
lerney, Jno. A. l.en-
i" Hiur.f Treasurer
it'.nrs Fran. P. I
. F.nlflnn 1 T? - 11 :
-.'! Surveyor. Henry Ccanlan.
rontr. -William Flattery.
rcantile Appraiser John Cox.
ft t . G f f Y. rn'iin. C-T-.l. T n 1
WSHL-rg lion. OFFICERS.
AT LAaGE.
' James A. Moore
certain probation, at the eud of which, the power of Congress, for as to th
before obtaining tho coveted prize, they law-making power is the Federal
must give evidence cf their fitness to re
ceive and to exercise the rights of eiti-
zer.3, as contemplated by the Constitution
of the United States. The bill, in effect,
proposea a discrimination against large
numbers of intelligent, worthy, and patri
otic foreigners, and in favor of the negro,
to whom, after lcngyear3 of bondage, the
IT.
id J.
Evans, J. A. Moore,
Jo
nes, 'Villiata XI.
I. ln Lv
r,
Water
rM Director! D,
'-i-. Davis, Dar
Jhrreaturer-Geo. W. Oatman.
. CW,.Saml. Singleton,
"""'""'owr David Davis.
FACT Tir.nn
vt". t, vwens, it. Jone3, jr.
C , r,Tbotnas Tcdo
A , f?-Wm' D- Davis.
nJ E' Evans. anl. J. Davis
Jones, John O. Evans,
iomas J. Davis
WEST WARD.
preceding section.
.r i i I i i t -
avenues 10 irceaom ana intelligence nave person wno, uuuer color ot any law, stat-
now. been suddenly opened. He must of ute, ordinance, regulation or custom,
necessity, from his previous unfortunate shall subject or cause to be subjected anv
condition of servitude, be less informed as inhabitant of any State or Territory to the
to the nature and character of our insti- deprivation of any right secured or pro-
. m m VI I - mm ,u
tutions than he who, coruiug trom abroad, tected by this act, or to diiierent punish-
has to some extent at least familiarized ment, pains or penalties on account of
himself with the principles of a Govern- I such person having at anytime been held
raent to which ho voluntarily entrusts in a condition of slavery or involuntary
"life, liberty, and the pursuit of happi- servitude, except as a punishment of crime, follows that it, in any State which denies
m mr m m, v M m mm m I mm
ness. a ec it 13 now nroDOsea. dv a sinirie wnereoi me toariv snail nave been dulv to a colored person anv ohr nt n tho
A A ml t J I A. ml J I A J '
rights, that person should commit a crime
against the laws of the State, murder.
judgment and responsibility, to give an
impartial decision between the two, corner
to the conclusion that the State law is
valid and the Federal law is invalid, he
must not fellow the dictatc3 cf his own
judgaient at the peril of fine and impris
onment. .The legislative department of
the Government of the United States thus
takes from the judicial department of the
btates the sacred and exclusive dutv of
It declares that "any judicial decision, and converts the State
judge into a mere ministerial officer bound
to decide according to the will of Congress.
it is clear that m ctates which deny to
persons wnose rights are secured by the
first section of the bill any one of these
rights, all crimiual and civil cases affect
ing them will, by the provisions of the
third section, come under the exclusive
cognizance of the Federal tribunals. It
but as to the States, no similar orovisions
exi&r, vesting in congress the power 'to
make rules and regulations" for them
The object of the second section of the
bill is to afford discriminating protection
to colored persons iu the lull enjoyment
of all the rhrhts secured to them bv tho
ink
ea
u Masonic Hall,
i - i . r . o . i - i. i i. l l r .. .
jcgisiauve enactment, to conier me rignts couvivieu, or uy reason oi ins color or
of citizens upon aH persons of African race, than is prescribed for the rmnih
d John E. Scanlan r S' c United States, while persons of for- guilty of a misdemeanor, and on convic- tection and punishment through the laws
' " I amn hirth ttt Vi rkmnl-ASM... I i n ft tlint. h. 1 tl (in chill ka nnmahAfl Vtr. 4 n . I r tl-w. Unii nMA 1 1 1
vigU Mil J n uu uio&cuui iii u u liiwii ii u luc, I iwu j ii tin jiuuioiicu VJ ULc UUb CA- 1 Ji iiic kuaic die iaivt.ll UWay, aUU 1G QuU
must undergo a probation of five years, ceeding one thousand dollars, or impris- only be tried and punished in the Federal
and can only then become citizens upon onment not exceeding one year, or both, courts. How is the criminal to be tried ?
proof that they are of "good moral char- in the discretion of the court." This If the offence is provided for and punished
acter, attached to the principles ot the section seems to be designed to apply to by lederal law, that law, and not the
constitution of the United btates, and some existing or future law of a State or State law, is to govern
wen disposed to the good order and nan- lemtory, which may conflict with the At is only when the oiiecce docs not
piness ot the same. provisions of the bill now under consid- happen to be within the purview of l ed
The first section of the bill also con- eration. It provides for couoteractinz eral law that the Federal courts are to try
tains an enumeration of the rights to be such forbidden legislation, by imposing and punish him under anv other law.
W arnabas M'Dermit.
'JUenion John 1. Thomas.
- T illiam II. Sechler, George W.
'"-Joshua D. Parrish.
SOCIETIES, &c.
. J' summit T.A x-
312 A. Y. M.
. I m 1 V "
oi eacn month, at o'clock,
r.nifrhland Lod
Hti r..,T : " "t rc a.
J vuiui;.
nut i l j i v i w i a n T at pi .
"Hep . i O OOD8 OI
everv s. , lemP"ance Hall, Eb-
j ""'ii uaj evening,
SUBSCRIPTION
TO
r'iE ALLEGIIANIAN
52.00 IN ADVANCE,
1P KOT PAID IN ADVA
enjoyed by these classes, so made citizens, fine and imprisonment upon the legislators
"in every State and Territory in the Uni- who may pass such conflicting laws, or
ted States." These riahts are : "To make upon the officers or agents who shall nut
and enforce contracts, to sue, be parties, or attempt to put them into execution. It
and give evidence, to inherit, purchase, means an official offence, not a common
lease, sell, hold and convey real and per- crime, committed against law upon the
sonal property," and to have "full and person or property of the black race.
equal benefit of all laws and proceedings Such an act may deprive the black man
for the security of person and property as of his property, but not of his right to
is enjoyed by white citizens." So, too, hold property. It means a deprivation of
they are made subject to the 6ame pun tho right itself, either by the Stato judi
ishment, pains and penalties in common ciary or the State Legislature. It is
Then resort is to be had to "the 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 own citizens, aud for the punishment
of all persons who violate its criminal
laws, Federal law, wherever it can be made
to apply, displaces State law.
The question here naturally arises, from
Here the judicial newsr of thn TTr.itprl
States is expressly set forth and defined ;
and the act ot September 24, 1780, estab
lishing the judicial courts of the United
States, in conferring upon the Federal
courts jurisdiction over cases originating
in State tribunals, is careful to confine
them to the ' classes enumerated in the
above recited clause of the Constitution.
This section of the bill undoubtedly com
prehends cases and authorizes the exercise
of powers that are not, by the Constitu
tion, within the jurisdiction of the courts
of the United Sfar.es. To transfer them
to those courts would be an eaereise of
authority well calculated to excite distrust
and alarm on the part of all the States ;
for the bill applies alike to all of them, as
well to those that have as to those that
nave not been engaged iu rebellion.
may L.e assumed -tnat this authority
ia luumeiii iu me power granted to Con
- 1 l 'i . .
icsa uy ice Jouatituf too. as rer.pntlv
amended, to enforce, by appropriate leg
islation, the article dcclariug that "neither
slavery cor involuntary servitude, except
as a punisnment lor crime, whereof the
party shall have been duly couvicted, shall
exirt witnin the United States, or any
piace subject to their jurisdiction." It
cannot, however, be justly claimed that,
with -a view to the enforcement of this
article ot the Constitution, there is
present any necessity for the exercise
all the powers which this bill confers
O! t , , ...
oiuvcry nas oeen abolished, fimt -f
present nowhere exists within the juris
diction of ' the -United States; nor has
there been, nor is it likely there will be
any attempt to revive it by the people or
lueoiaies. tr, nowever, any such attempt
shall be made, it will then become the
duty ot the General Government to exer
cise any and all incidental powers neces
sary and proper to maintain inviolate this
great constitutional law of freedom.
The fourth section of the bill provides
that officers and agents of the Freedmen's
Bureau shall be empowered to make
arrests, and also that other officers may be
specially commissioned for that purpose
by the President of the Uuitcd States.
It also authorizes Circuit Courts of the
United States and the Superior Courts of
the Territories to appoint, without limita
tion, commissionersj who are to be charged
with the performance of quasi judicial
duties. The fifth section empowers the
commissioners so to be selected by the
courts to appoint in writing, under'their
hands, one or more suitable persons from
time to time to execute warrants aud other
processes described by the bill. These
numerous official agents aro made to con
stitute a sort of poliee, in addition to the
military, and are authorized to summon a
posse comitatus, and evcu to call to their
aid such portion of the land and naval
forces of the United States, or of the mi
litia, "as may be necessary to the perfor
mance of the duty with which they are
charged." This extraordinary power is
to be conferred upon agents irresponsible
iu me AJruvemment auu to tile people, to
whose number the discretion ot the com
missioners is the only limit, and in whose
hands such authority might bo made a
terrible engine of wrong, oppression and
fraud. The general statutes regulating
the land and naval forces of tue United
States, the militia, and tho execution of
the laws, are believed to be adequate for
every emergency which can ocsur in time
of peace. If it should prove otherwise,
Congress can at any time amend those
laws in such a manner a, while subserv
ing the public wcltare, not to jeopard the
fights, interests, and liberties of the people.
The seventh section provides that a fee
of ten dollars shall be paid to each com
missioner in every case brought before
him, and a fee of five dollars to his deputy
or deputies, "for each person he or they
may arrest and take before any such
commissioner," "with 6uch other fees as
may be deemed reasonable by such com
missioner," "in general for performing
such other duties as may be required in
the premises. All these fees are to be
"paid out of the Treasury of the United
btates, 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 temptations, bad men might convert
any law, however beneficent, into an in
strument of persecution and fraud.
13y the eighth section of the bill, the
United States Courts, which sit only in
one placefor white citizens, must migrate,
with the marshal and district attorney,
(and necessarily with the clerk, although
he is not mentioned,) 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 per
sons charged with a violation of this act,"
and there the judge and the officers of the
court must remain, upon the order of tho
President, "for the time therein designa
ted." 3
The ninth section authorizes the Presi
dent, or such person as ha 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 neces
sary to prevent the 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 business is to be the en
forcement of this measure over the vast
region where it is intended to operate.
I do not proposo to consider the policy
of this bill. To me, the details of the bill
seem fraught with evil. The white race
and the black race of the South have
hitherto lived together under the relation
of master and slave capital owning labor.
Now, suddenly, that relation is changed,
arid as to ownership, capital and laboAire
divorced. They stand now each master
of itself. In this new relation, one being
necessary to the other, there will be a new
adjustment, which both are deeply inter
ested in making harmonious. Kach bis
equal power in settling the terms, and if
left to the laws that regulate capital and
labor, it is confidently believed that they
will satisfactorily work out the problem.
Capital, it is true, has more intelligence ;
but labor is never so ignorant as not to
understand its own interests, not to know
it owu value, and not to sec that capital
must pay that value. This bill frustrates
this adjustment. It intervenes between
capital and labor, and attempts to settlo
questions of political eco:jainy through the
agency of uumerous officials, whose inter
est it will be to foment discord between
the two races; for as the breach widens,
their employment will continue, and when
it is closed, their occupation will termi
nate; In all odr history, in all our experience
as a people living under Federal and State
law, no such system as that contemplated
by the detail? of this bill has ever before
been proposed or adopted. They estab
li3h for the security of the colored race,
safeguards which go infinitely beyond any
that the General Government has ever
provided for the white race. Iu fact the
distinction of race and color is, by the
bill, made to operate in favor of the col
ored and against the white race. They
interfere with the municipal legislation of
the States, with the relations existing
exclusively between a State and its citi
Ten?, or between inhabitants of the same
State an absorption and assumption of
power by the General Government which,
if acquiesced in, must sap and destroy our
federative system of limited powers, and
break down the barriers which preserve
the rights of the States. It is" another
step, or rather stride, toward centraliza
tion, and the concentration of all legisla
tive powers in the National Government.
The tendency of the bill must be to
resuscitate the spirit of rebellion, and to
arrest the progress of those influences '
which are more closely drawing around
the States the bonds of union and peace.
ly lamented predecessor, in his nroc-
lamation of the 1st of January, 1863.
ordered and declared that all persons held
as slaves within certain States and parts
of States therein designated were and
thenceforward should be free, aud, fur
ther, that the Executive Government of
the United States, including the military
aud naval authorities thereof, would rec
ognizo and maintain the freedom of such
persons. This guarautee has been ren
dered especially obligatory and sacred by
the amendment of the Constitution abol
ishing slavery throughout the United
States. I therefore fully recognize the
obligation to protect and defend that class
of our pecrple, whenever and wherever it
shall become necessary, and to the full
extent compatible with the Constitution
of the United States. Entertaining these
sentiments, it only remains for me to say
that I will cheerfully co-operate with
Congress in any measure that "may be
necessary for tho protection of the civil
rights of the freedtnen, as well as those of
all other classes of persons throughout
the United States, by judicial process un
der equal and impartial laws, in confor
mity with the provisions ot the Federal
Constitution.
I now return the bill to the Senate,
and regret that in considering the bills
and joint resolutions forty-two in num
ber which have been thus far submitted
for my approval, I am compelled to with
hold my assent from a second measure
that has received the sanction of both
houses of Congress.
Andrew Johnson.
WAsnixoTOX, D. C, Xlarch 27, 18G6.
M
JGea. Nye, in a recent speech in
Baltimore, said very aptly that the rebels,
five year3 ago, defied the power of tho
Government to keep them in the Union
now they defy the power ot the Gov
ernment to keep them out of the Union.
fiss? By the last census of London, it ap
pears that there are more Scotchmen there
than in Edinburgh, more Irishmen than in
Dublin, and more Jews than in Palestine.
ij