be assumed that the same enactments are sufficient
to give like protection and benefits to those for
whom this bill provides special legislation.
Besides, the policy of the Government from its origin
to the present time seems to have been that persons
who are strangers to and unfamiliar with our institutions
and our laws should pass through a certain probation,
at the end of which, before attaining the coveted
prize, they must give evidence of their fitness to
receive and to exercise the rights of citizens as
contemplated by the Constitution of the United States.
The bill in effect proposes a discrimination against
large numbers of intelligent, worthy, and patriotic
foreigners, and in favor of the negro, to whom, after
long years of bondage, the avenues to freedom and
intelligence have just now been suddenly opened.
He must of necessity, from his previous unfortunate
condition of servitude, 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 which
he voluntarily intrusts “life, liberty, and
the pursuit of happiness.” Yet it is now
proposed, by a single legislative enactment, to confer
the rights of citizens 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 probation of five years,
and can only then become 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 bill also contains an enumeration
of the rights to be enjoyed by these classes so made
citizens “in every State and Territory in the
United States.” These rights are “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 have “full and equal benefit of all laws
and proceedings for the security of person and property
as is enjoyed by white citizens.” So, too,
they are made subject to the same punishment, pains,
and penalties in common with white citizens, and to
none other. Thus a perfect equality of the white
and colored races is attempted to be fixed by Federal
law in every State of the Union over the vast field
of State jurisdiction 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. By the statutes of some
of the States, Northern as well as Southern, it is
enacted, for instance, that no white person shall
intermarry with a negro or mulatto. Chancellor
Kent says, speaking of the blacks, that—