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R,R. LITTLE, ATTORNEY AT DAW
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Ha. COOPER, PHYSICIAN A SURGEON
• Newton Centre. Luzerne County Pa.
GEO B.TUTTOR, ATTORNEY AT LAW
' Tsnkhonnock, Pa. Office- n Stark's Brick
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HARRIS HI It q, PKXNA.
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7 GEO. J. BOLTON
WALL'S HOTEL,
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T. B. WALL, Owner and Proprietor .
faakhannock, September 11, 1861.
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7 Win H COKTRIGHT.
June, 3rd, 1863
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VETO OP THE CIVIL RIGHTS BILL.
WASHINGTON, March 27.
CONSTITUTIONAL OBLIGATIONS.
To the Senate of the 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 w hole people, and
my obligat ons to the Constitution of the
United States.
PROVISIONS.
I ain. therefore, constrained to return it
to the Senate, 'lie House in which it origi
nated, with m\ objections to its becoming
a law. By tl.c Hist section .ot the billali
persons born in the United States, and
not subject to anv foreign powv-r,excluding
Indians not 1 axed, arc declared to be citi
zen?, of the United Mates. Ttjis 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, inulattoes and persons of African
blood.
FEDERAL CITIZEN-HIP.
Every individual of these races, bom in
the United States i< by the bill made a cit
izen of the United States. It does not !
purpose to declare or confer any other
right of citizenship than "Federal citizen
ship." It does purport to givr these
classes of persons any status as citizens of
States, except that which mav result from
their status as citizens of the United States
The power to confer the right of State cit
izenship is just as exclusively with the sev
eral States as the power to confer the right
'of Federal citizenship, is with Congress. 1
The right of Federal citizenship thus to be j
conferred on the several excepted races
R fore mentioned, is now for the first lime
proposed to he given by law ' If. as is
claimed bv many, all persons who are na
tive born are by virtue of the Constitution
eitizens of the United States, the passage
otthe pending bill cannot be necessary to
make thein such.
If, on the other hand, such persons are
not ciiizens, as may be assumed from the
proposed legislation to make them such,
the grave question presents itself when
eleven of the thirty—six States are unrep
resented in Congress at this time, it is
sound policy to make our entire celored
population, and all other excepted classes
citizens of the United States. Four* mill
ions of them have just emeiged from s!a
very into freedom. Can it he reasonably
supposed that they possess the requisite
qualifications to entitle them to nil the priv
ileges and immunities of ciiizens of the |
United Sta'es? Have the people of the {
se eral Males expressed such a convic
tion? It may also be asked whether it i j
necessary that they should be declared ;
citizens in older that thev mav he secured !
in the enjoyment of 1 lie civil lights * pro j
pus <1 to i e conferred bv the bill ? Those
l ights are, by Federal a- well as State
laws, secured to all domiciled aliens and
foreigners, even before the completion of
the process of naturalization, and it may
safely be assumed that the same enact
ments are siffi ie;:t to give like protec
tion and benefits to those for whom this
bill provides special legislation.
Besides, the policy of the Government,
from its origin to the present tiun, seems
to have been that persons are stran
gers to and unfamiliar with our institutions
and our laws, should pass through a cer
tain probation, at the end which, before
attaining the coveted privilege, they must
give evidence of their fitness to receive
and to exercise the rights of citizens, a9
contemplated by the Constitution of the
United States.
THE NEGRO RACE.
The bill, in effect, proposes a discrimi
nate against a large number of intelligent,
worthy and patriotic foreigners, and in fa
vor of the negro, to whom, after long years
of bondage, the av< nues of freedom and
intellijjrnce have just now been suddenly
opened. He must, of necessity, from his
previous unfortunate condition of servi
tude, be less informed as to the nature
and character of our institutions, than he
who, coming from abroad, has, to some
extent, at least familiarized himself with
the principles of a Government to wl-.ich |
he voluntarily intrusts life, liberty and the
pursuit of happiness. Yet it is now pro
posed, bv a single legislative enactment*,
to confer the rights of ci'izens upon all
persons of African descent, born within
the extended limits of the United States,
while persons of foreign birth, who make
our land their home,must undergo a proba
tion of five years, and can only then becoxe
citizens upon proof that they are of good
moral character, attached to the principles
of the Constitution of the United States,
and well disposed to the good order and
happiness of the same,
The first section of the hill also con
tains an enumeration of the rights to be
enj 'ved bv these classes s<s made citizens
in every State and Territory of the United
States. The rights are to make, and en
force contracts, to sue. be parties and give
evidence; to inherit, purehasc. lpase, sell
hold and convey real and personal proper
ty, and to have full and equal benefit of
all laws and proceeding for the security of
person and property as is now enjoyed by
white citizens. So, too. they are made
subject to the same punishment, pains and
penalties in common with white citizens
and none otheia. Thus a perfect equality
of tha white and oolored race* if attempt-
"TO SPEAK HIS THOUGHTS IS EVERY FREEMAN'S RIGHT. "—Thomas Jeflerson.
TUNKRANNOCK, PA., WEDNESDAY, APRIL 18, 1866.
led to be fixed by Federal law in every
State of the Union over the vast field of
State jurisdiction covered by these enu
merated rights. In no or.e of these can
any ever exercise any power of dis
crimination between the different races.—
iHShe exercise of State policy over mat
ters exclusively affecting the people of
each State, it lias frequently been thought
expedient to discriminate between the two
races
STATE ENACTMENT.
By the statute of some of the States, North
ern as well as Southern, it is enacted, for
instance, that no white person shall inter
marry with a negro or mulatto. Chancel
lor Kent says, speaking of the blacks,
"that marriage between them and the
whites are forbidden in some of the States
where slavery does not cxi-t, and they are
prohibited in all the slave-bolding States ;
and when not absolutely contrary to law.
"they are revolting, and regarded as nti of
fense against public decorum ' Ido not
say that this bill repeals State laws 011 the
subject of marriage between the two races,
lor as the whites are forbidden to inter
marry with the blacks, the blacks can only
make such contracts as the whites them
selves are allowed to make, and therefore
cannot, under this bill, enter into the mar
riage contract with the whites.
I cite this discrimination, however, as an
instance of the State policy as to discrimi- i
nation, and to inquire whether, if Congress i
can abrogate all State laws of discrimina- !
tion between tlie two races in the matter of
real estat -, of suits, and of contracts gener
ally, Congress may not also repeal the
State 1 iws as to the contract of marriage 1
between the race.-? Hitherto every MIO- )
ject embraced in the enunciation of rights j
contained in this bill has been considered
as exclusively belonging to the States; — i
they all relate to the internal policy and
economy*of the re.-peetive States. They \
are matters which, in eaeh Smte, concern ;
the domestic condition of its people, vary-J
ing in each according to its own peculiar ;
circumstances at d the safety and well be- i
ing of its own citizens.
FEDERAL RESTRAINTS.
I do not mean to say that upon all these
subjects there are not Federal restraints.
As for instairce, in the State power of leg*
islation over contracts, there is a Federal
limitation that no State shall pass a law
impairing the obligations of contracts; —
and as to crimes that no State shall pass an
ex post facto law; to money, that no State;
sWnl make anything but gold and silver a j
legal tender - But where can we find a !
led ral prohibition against the power of |
any State to oiscrimi ate as to most of them
jetween aliens and citizens, between arti- ;
fictal persons, called corporations, and 1
natural persons in the right to hold real ,
estate.
If it he granted that Congress can re
peal all State laws discriminating between
whites and blacks in the subjects covered!
by this bill, why, it may be asked, may 1
not Congress repeal, in the same way, ail
those laws discriminating between the two
races on the subject of suffrage and office.
If Congress can declare, by law, who shall
hold lands, who shall testify, who shall
have capacity to make a contract in a
State, then Congress can by law also de
clare who, without regard to race or color
shall have the right to sit as a juror or as
a judge, to hold any office, and finally to
vote, in every State and Territory of the
United States. As respects the Territo
ties, they come within the power of Con
gress, for as to thorn the law-making pow
er is the Federal power; but as to the
States, no similar provision exists, vesting
in C'ongres the power to make rules and
regulations for them.
DISCRIMINATIVE PROTECTION.
Theobjeet of the second section of the
bill is to afford discriminative protection to
colored persons in t' e full enjoyment of
all the rights secured to them by the pre
ceding section. It declares that "any per
son who, under color of any law, statute,
ordinance, regulation, or custom, shall j
subject, or cau-e to be subjected, any in- |
habitant of any State or Territory to the)
deprivation of any right secured or pro- ,
tected by this act, or to different punish- j
ment, pains, or penalties, on account of!
such person having at any time been held
in a condition of slavery, or involuntary,
servitu e, except as a punishment of crime j
whereof the party shall have been dulv i
convicted or by reason of his color or race, j
than is prescribed for the punishment of
white pet sons, shall be deemed guilty of a
mis demeanor, and on conviction shall be. i
punished by fine not exceeding one thou- i
sand dollars, or imprisonment not exceed
ing one year, or both in tbo discretion of
the court.''
This section seems to he designed to ap-!
plv to some existing or future law of a
State or Territory, which mav conflict
with the provisions of the bill now under
consideration. It provides for counteract
ing such forgitlden legislation by imposing
a tine and imprisonment upon the h gisla
tion 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 offense, not a common
crime committed against law upon the
person or property of the black man. —
Such an act may deprive tha black man of
his property, but not of the r'ght to hold
property. It means a deprivation of this
right itself, either bv the State judiciary
or the State Legislature. It it, therefore,
assumed that, under this section, members
of State Legislatures who should vote for
laws conflicting with the provisions of this
bill, that judges 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
or their judgments, couid be brought befor<*
other tribunals, and there subjected to fine
and imprisonment for the performance of
the duties which such State laws might
impose.
The legislation thus proposed invade s
the judicial power of the State. It says to
everv Sfuttf court or judge, "if vou deride
that this act is unconstitutional; if you re
fuse. under the prohibition of a State law
Ito allow a negro to testify; if y>u hold
. that, over subject matter, the State law
;is paramount, and refuse the right to the
j negro, your error of judgment, however
I conscientious, shall subject you to fine and
imprisonment." Ido not apprehend that
the conflicting legislation which the bill
seems to contemplate, is so likely to occur
as to render it necessary at adopt
a measure of such doubtful constitutionali
ty-
NEEDLESS PROVISION,
i In the next p'ace this provision of the
j bill seems to be unnecessary, as adequate ;
judicial remedies could be adopted to s- 1
cure the desiied end w thout. invading the
) immunities of Legislators "always impor
tant to be pre-i 1 ved in the interest of pub
lic liberty, without assailing the indepen
dence of the judiciary, always essential to
the preservation of individual rights, and
without impairing tie effi nncv of ministe
rial officers, a ways tiecessan for the main
tenance of public peaca and otder. The
remedy proposed by this section seems to
he in this re>pect not only anomalous, but
uneonetituth na', for the C<ii-titution guar
anties nothing with certainty it it does not
insure to the several States the tight of
making and executing laws in regard to all
matters arising in their jumdiction, sub
ject only to the Constitution and constitu
tional laws of the United States, the latter
to be held to the supreme law of the land.
LEGAL JURISDICTION.
The third section gives the District
Court of the United States exclusive " cog
nizance of all crimes and offences commit
ted against the provisions of this act," and
concurrent jurisdiction with the Circuit
Courts of the United States of all civi'
and criminal cases affecting persons who
are denied and cannot enforce in the Courts
or judicial tribunals of the State or locality
wherever thqw may be, any rights secured
to them by ffie first section ; and the con
struction which I have given to the sec nd
section is strengthened by this third sec
tion, for it makes clear what kind of deni
al or deprivation of the rights secured bv
the £ir-t section was in contemplation. It
is a denial or deprivation of such rights
'' in the courts or juil cial tribunal of the
State.' It stands, therefore, e'ear <*f doubt
that the offenses and penalties provided in
the second section are intended for the
State judge, who, in the clear exercise of
his functions as a judge, not acting minis
terially hut judicially, shall decide contrary
to this Federal law.
In other words, when a State juJge, act
ing upon a question involving a conflict
between a State law and a Federal law,
and bound according to his own pidgmet t
and responsibility to give an impartial de
cision between the two, comes to the con
clusion that the State law is valid anih the
Federal law invalid, he must not follow •
the dictates of his own judgment, at the
peril of fine and imprisonment. The Leg
islative department of the Government of
the United States thus takes from the Ju
dicial department < f the States the sacted
and exclusive duty of judicial decision, and
converts the State judge into a more minis
terial officer, bound to decide according to
the will of Congress.
PERSONAL RfGflTB IN THE STATES.
It is clear that in the States which deny
to persons whose rights are secured bv the
first section of the bll any one of these
rights, all criminal ami civil cases affecting 1
them, will, by the provisions of the third
section come tinder the exclusive cogni
zance of the Federal tribunals. It follows
that If in any State which denies to a col
ored person any one of all those rights,that
persons should commit a crime against the
laws of the Stat', murder, arson, rape, or
any other crime, all protection or punish
ment through tit" court the State are
taken way, and lie can onlv He tried and
punished in the Federal courts. How is
the criminal to be tried if the offense is
provided for and punished by Federal law,
that law and not the State law is to gov
ern.
FEDER \L TRIBUNALS.
It is onlv when th<* offence do-'s not hap- -
pen to he within the purview of Federal
law that, the Fe feral Courts are to try and
punish him under anv other law then resort
is to be had to the common law as modi
fied and chang"d by Stale legislation, so
far as the same is not inconsistent with the
Constitution and laws ot tlit United States.
So that over this vase domain of criminal
jurisprudence, provided by each State for
the protection of its own citizens, and fer
tile 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
what source Congress derives the power
to transfer to Federal tribunals certain clas
ses of cases embraced in this section ? The
Constitution expressly declares that the ju
dicial power of the United States shall ex
tend to all cases in law and equality arising
under this Constitution, the laws of the .
Unitd States, and traatia* mada or which
shall be made under their authority ; to all
cases affecting ambassadors, other public
ministers, and consuls ; to all cases of ad
| miiality and maritime jurisdiction ; to con
j trovcrsies to which the United Slates shall
be a party; to controversies between two
or more States ; between a State and citi
zens of another Slate ; between citizens of
the same State claiming land under grants
of different States ; and between a State,
citizens thereof, and foreign States,citizens
j or subjects.
Here the judicial power of the United
| States is expresdy set forth and defined,
! and the act of September 14th, 1789, es
tablishing (he judicial courts of the United
: States, in conferring upon the Federal
1 courts juiisdiction over cases origiWttiug in
! State tribunals, is careful to confine them
Ito the classes enumerated in the abovc-re
: cited clause of the Constitution. This sec
tion of the bill undoubtedly comprehends
cases and authorizes the exercise of powers
that are not, by the Constitution, within
the jurisdiction of the courts of the United
States T" transfer them to these courts
would be an exercise of authority well cal
culated to excite distrust and alarm on the
part of ail t'te States, for the bill applies
! alike to all of them, ns w.-ll to those that
j have as to those that have not been engaged
. in rebellion. It may be assumed that this an
thurify is incident to the power granted to
.Congress by the Constitution, as recently
amended, to enforce, by appropriate legis
lation, the article declaring that neither sla
very nor involuntary servitude, except as
a punisliiin-Nt for crime, whereof the party
-hail have been duly convicted, shall exist
within the United States, or any place sub
ject to their jurisdiction.
It cannot, however, be justly claimed
thai with a view to the enforcement of this
Constitution, there is at present any neces
sity for the exercise of* ail the powers which
this bill confers. Slavery has b-en abolish
ed, and at present no win re "exists within
the jurisdiction of the United States, nor
has there been, nor is it likely there will
be any attempt to renew it by the people
or the States. If, however, ary such at
tempt shall be made, it will become the du
ty of the General Government to exercise
any and all incidental powers necessary
and proper to maintain inviolate the great
law of freedom.
OFFICERS.
The fourth section of the bill
that officers and agents of the Freedmen's
Bureau shall be empowered to make ar '
rests : and also that other officers may be
especially commissioned for that purpose
by the I'resident ot the United States. It
also authorizes, circuit courts of the United
States and the superior courts of the Ter
ritories, to appoint, without limitation, eom
mis>ioners who are to be charg- d with the
performance of quasi judicial duties.
The fifth section empowers the commis
sioners so to be selected by the Courts, to
appoint in wiiting under their hands, one
or more suitable persons, fiom time to time
to execute warrants, and other prosecutions
desired bv the bill. These numerous offi
cial agents are made to constitute a set of
police in addition to the military, and are
authorised to summons a posse commitafns,
and even to call to their aid such portions
of the laud and naval forces of the United
States ; or of the militia, as may be neces
sary to the performance of the duty with
which they are charged. This extraordi
nary power to the Government, and to the
officers whose number the discretion of the
commissioners is the only limit and in
whose hands such authority might be made
a terrible engine of wrong, oppression and
fraud.
OUR LAND AND NAVAL FORCES.
The general statutes regulating the land
and naval forces of the United States, the
militia, and the execution of the laws, are
believed to be adequate to everv emergency
which cm occur in time of peace. If it
should prove otherwise Congress can at
any time amend these laws in such a man
ner as, while subserving the public welfare,
net to jeopardize the rights, interests and
liberties of the people.
FEES.
The seventh section provides that a fee
of ten dollars shall be paid to each eommis- I
sioncr in everv case brought before him,
and a tec of five dollars to his deputy or
deputies for each p-rson he or they may
arrest and take before any such commis
sioner in general for performing such oth
or duties as may be required in the premi
ses. Al! these fees are to he paid out of j
the Treasury of the United St: tes, wheth- ;
er there is a conviction or not; but in
case of a conviction they are to be recover
able from the def< ndant. It seems to me
that under the influence of such temptation
.had men might convert any law, however
benefii iakintojin instrument of persecution
and fraud.
MIGRATION OF OFFICERS.
I>v the eight section of the bill, the Uni
ted State* Courts, which sit only in one
place for white citizens, must migrate, the
marshal and district attorney, and neces
sarily the clerk, although he is not men
tioned, 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 ; and there tlfft judge
and other officers of the Court must remain
on the order of the President, for the time
designated. The rinth section authorizes
the President, or such person as may be
empowered for such purpose, to employ
such part of tl e land and naval forces of
the United States, or the militia, as shall
*ba necaasary to prevaat tha violation and
TEnMS, 82,00 PER. AimcM
® nforce the due execution of thisaet. This
language seems to imply an important mil
itary force, that is to be always at band,
and whose only businesis to be the enforce
ment of this act over the vast region where
it is intended to operate.
, ! i
EVIL EFFECTS
1 do not propose to consider the policy
of this bill. To me the details of the bill
are fraught with evil. The white race and
the black race ot the South have hitherto
lived together und.-r the relation of master
and slave—capital owning labor. Now,
suddenly, that relation is changed ; and as
to ownership,capital and labor are divorced,
They stand now each master of itself, in
this new relation one being necessary to
the other.
NEW ADJUSTMENTS.
There will be a new adjustment, which
both arc deeply interested in making har
monious. Each has equal power in set
tling the forms, ami if left to the laws that
regulate capital and labor, il is confidently •
believed that they will satisfactorily work
out the problem, Cajfital, it is true, has
more intelligence, but labor is never so ig
norant as not to know its own value, and
not to see that capital must pay that value.
This bill frustrates this adjustment; it
intervenes between capital and labor, and
attempts to settle ques ions of political
economy through the agency of numerous
officials, whose interest it will be to fer
ment discord between the two races, so far
as the breach widens their employment
will continue, and when it is closed, their
occupation will terminate in a 1 our history
In all our experience,, as a people living
under Federal and State law. No such
system as thai contemplated by the details
of this bill has ever before been proposed
or adopted to establish for the security of
the colored race safeguards which go infi
nitely beyoud any that the General Gov
ernment has ever provided for the white
race. In fact, the distinction of race
color is by the bill made to operate in fa
vor of the colored and against the white
race.
MUNICIPAL LEGISLATION.
They interfere with the municipal legis
lation of the States, with the relations ex
isting.exclusively between a State and
its citizens, or between inhabitants of the
same State, an absorption and assumption
of power by the General -Government
t which, if acquiesced in, must sap or destroy
I our federative system of limbed powers,
and break down the barriers which pre
serve the rights of the States. It is anoth
er step or rather stride towards centraliza
tion, and the concentration of all legislative
powers in the National Government. The
tendency of the bill must be to resuscitate
the spii it of rebellion and to arrest the
progress of those influences which are more
closely drawing around the states the
bonds of union and peace.
SLAVERY ABOLISIIED.
My lamented predecssor, in his procla
mation of the Ist of January, 1868, order
ed and declared that all persons held a*
slaves within certain States and parts of
States,therein designated, were and thence
forward should ba free ; and further, that
the Executive Government of the United
States, including the military and naval
authorities thereof, would recognize and
maintain the freedom of such persons.—
This guaranty has been rendered especial
ly obligatory and sacred by the amemd
ment of the Constitution abolishing slavery
throughout the United States. I therefore,
fully recognize the obligation to protect
and defend that cla<s of our people when
ever and wherever it shall become neces
sary, and to the full extent compatible
with the Constitution of the United'
States.
RIGHTS OF FREKDMEX.
Entertaining these sentiments, it only
remains for me to say that I will cheerfully
co-operate with congress in any measure
that may be neeet-sary for the promotion
of the civil right® of the freedmen, as-well
as those of all other classes of persons
throughout the United States bv judicial
process, under equal and impartial iaws, in
conformity with the provisions of the Fed
eral Constitution. I now return the bill
to the Senate, and regret that in consider
ing the b.lls and joint resolutions, foity two
in number, which have been thus far sub
mitted for my approval, 1 am compelled to
withold my assent from a second measure
that has received the sanction of both
Houses of Congress.
ANDREW JOHNSON.
WASHINGTON, D. C., March 27, 1866.
followirg is a genuine transcript
of an epitaph :
"Here lies the remains of Thomas Wood
hen. The most aimable of husband, the
most excellent of men."
"N. B. —The name is Woodcock but it
would not come in rhyme."
"Look here ma." said a young lady who
had commenced taking lessons in painting
jof an eminent artist, "see my painting; can
you tell what it is?" Ma. after looking at
' it some time, answered, "Well, it is either
a cw or a rosebud, I am sure I cannot telL
i which."
mm 1 "" "
Mr. Cltmer. —The Hon. Heiste*-
nrier lias rrsig"od Irs seat in the -iy-
Pennsylvania, His resignation w ate of
| the Benate Thursday Ufttflis#. •* sent to
VGL. 5 NO 36.
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