638 



PUBLIC DOCUMENTS. 



majority of the representatives of all the people. I 

 would not interfere with the unquestionable right of 

 Congress to judge, each House for itself, " of the 

 elections, returns, and qualifications of its own mem- 

 bers," but that authority cannot be construed as in- 

 cluding the right to shut put, in time o_f peace, any 

 State from the representation to which it is entitled 

 by the Constitution. At present, all the people of 

 eleven States are excluded those who were most 

 faithful during the war not less than others. The 

 State of Tennessee, for instance, whose authorities 

 engaged in rebellion, was restored to all her con- 

 stitutional relations to the Union by the patriotism 

 and energy of her injured and betrayed people. Be- 

 fore the war was brought to a termination they had 

 placed themselves in relations with the General Gov- 

 ernment, had established a State government of their 

 own ; but as they were not included in the eman- 

 cipation proclamation, they by their own act had 

 amended their constitution so as to abolish slavery 

 within the limits of their State. I know no reason 

 why the State of Tennessee, for example, should not 

 fully enjoy " all her constitutional relations to the 

 United States." 



The President of the United States stands toward 

 the country in a somewhat different attitude from 

 that of any member of Congress. Each member of 

 Congress is chosen from a single district or State ; 

 the President is chosen by the people of all the 

 States. As eleven are not at this time represented 

 in either branch of Congress, it would seem to be 

 his duty, on all proper occasions, to present their 

 just claims to Congress. There always will be dif- 

 ferences of opinion in the community, and individ- 

 uals tnay be guilty of transgressions of the law; but 

 these do not constitute valid objections against the 

 right of a State to representation. I would in no 

 wise interfere with the discretion of Congress with 

 regard to the qualifications of members ; but I hold 

 it my duty to recommend to you, in the interests of 

 peace and in the interests of union, the admission of 

 every State to its share in public legislation, when, 

 however insubordinate, insurgent, or rebellious its 

 people may have been, it presents itself not only in 

 an attitude of loyalty and harmony, but in the per- 

 sons- of Representatives whose loyalty cannot be 

 questioned under any existing constitutional or legal 

 test. 



It is plain that an indefinite or permanent exclu- 

 sion of any part of the country from representation 

 must be attended by a spirit of disquiet and com- 

 plaint. It ;s unwise and dangerous to pursue a 

 course of measures which will unite a very large sec- 

 tion of the country against another section of the 

 country, however much the latter may preponderate. 

 The course of emigration, the development of indus- 

 try and business, and natural causes will raise up 

 at the South men as devoted to the Union as those 

 of any other part of the land. But if they are all 

 excluded from Congress, if in a permanent statute 

 they are declared not to be in full constitutional re- 

 lations to the country, they may think they have 

 cause to become a unit in feeling and sentiment 

 against the Government. Under the political educa- 

 tiop of the American people the idea is inherent and 

 ineradicable that the consent of the majority of the 

 whole people is necessary to secure a willing acqui- 

 escence in legislation. 



The bill under consideration refers to certain of 

 the States as though they had not " been fully re- 

 stored in all their constitutional relations to the 

 United States." If they have not, let us at once act 

 together to secure that desirable end at the earliest 

 possible moment. It is hardly necessary for me to 

 inform Congress that, in my own judgme'nt, most of 

 these States, so far at least as depends upon their 

 own action, have already been fully restored, and 

 are to be deemed as entitled to enjoy their consti- 

 tutional rights as members of the Union. Reason- 

 ing from the Constitution itself, and fiom the actual 



situation of the coxintry, I feel not only entitled, but 

 bound, to assume that with the Federal courts re 

 stored, and those of the several States in the full 

 exercise of their functions, the rights and interests 

 of all classes of the people will, with the aid of the 

 military in cases of resistance. to the laws, be essen- 

 tially protected against unconstitutional infringement 

 or violation. Should this expectation unhappily fail, 

 which I do not anticipate, then the Executive is al- 

 ready fully armed with the powers conferred by the 

 act of March, 1865, establishing the Freedmen's Bu- 

 reau, and hereafter, as heretofore, he can employ 

 the land and naval forces of the country to suppress 

 insurrection or to overcome obstructions to the 

 laws. 



In accordance with the Constitution, I return the 

 bill to the Senate, in the earnest hope that a meas- 

 ure involving questions and interests so important 

 to the country will not become a law unless, upon 

 deliberate consideration by the people, it shall re- 

 ceive the sanction of an enlightened public judgment. 

 ANDREW JOHNSON. 



THE CIVIL EIGHTS BILL AND VETO. 



An Act to protect all persons in the United 



States in their civil rights, and furnish the 



means of their vindication. 



Be it enacted, by the Senate and House of Represent- 

 atives of the United States of America in Congress as- 

 sembled, That all persons born in the United States 

 and not subject to any foreign power, excluding In- 

 dians not taxed, are hereby declared to be citizens 

 of the United States; and such citizens of every 

 race and color, without regard to any previous con- 

 dition of slavery or involuntary servitude, except as 

 a punishment for crime, whereof the party shall 

 have been duly convicted, shall have the same right 

 in every State and Territory in the United States to 

 make and enforce contracts, to sue, be parties, and 

 give evidence, to inherit, purchase, lease, sell, hold, 

 and convey real and personal property, and to full 

 and equal benefit of all laws and proceedings for the 

 security of person and property as is enjoyed by 

 white citizens, and shall be subject to like punish- 

 ment, pains, and penalties, and to none other, any 

 law, statute, ordinance, regulation, or custom to the 

 contrary notwithstanding. 



SEC. 2. And be it further enacted, That any person 

 who, under color "of any law, statute, ordinance, 

 regulation, or custom, shall subject, or cause to be 

 subjected, any inhabitant of any State or Territory 

 to the deprivation of any right secured 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 invol- 

 untary servitude, except as a punishment for crime 

 whereof the party shall have been duly convicted, 

 or by reason of his color or race, than is prescribed 

 for the punishment of white persons, shall be deemed 



fuilty of a misdemeanor, and, on conviction, shall 

 e punished by a fine not exceeding 1,000, or im- 

 prisonment not exceeding one year, or both, in the 

 discretion of the court. 



SEC. 3. And be it further enacted, That the district 

 courts of the United States, within their respective 

 districts, shall have, exclusively of the courts of the 

 several States, cognizance of all crimes and offences 

 committed against the provisions of this act, and 

 also, concurrently with the circuit courts of the 

 United States, of all causes, civil and criminal, af- 

 fecting persons who are denied or cannot enforce in 

 the courts or judicial tribunals of the State or local- 

 ity where they may be, any of the rights secured to 

 them by the first section of this act ; and if any suit 

 or prosecution, civil or criminal, has been or shall be 

 commenced in any State court against any such per- 

 son, for any cause whatsoever, or against any oflacei; 



