The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-06

read everything he says In relation tolthree Of the alter
such thing cle1ship Of the united States acquired
pressl recognizes, and denies then these four
alternatives embrace the entire subject and it only re-
That The constitution itself has defined citizenship Of
the sever states all or shall not citizens Of the
United states Will not be presen.ed IL contains no
as thout doubt IN ounded. That 10 say, the Com
pno Re has 20 not as esebe eS F%Ss
born persons shall or shall not be citizens. .
missed as q prCpoion wholly u5Iounded Well if
@o does t ea e GhSr o 5p to be s
the taes ana thereby citizens of the United states is
Congress the power to do the same thngY Let see
what Justice Curts says about that HAS II empowered
the several states snail shall not be citizens Of the
tuition has empoweieS to Congress to c. cate privileged
classes within the states which alone shall be entitled
true that the Constitution has enabled Congress TO de-
sh oil be citizens Of the United States, Il mus. at the
same tme be admitted that 4 f an unlimited power If
must depend wholly on its discretion" :
Then nh he PTPGseds Immediately ia ely ", n very
coners no such power on Congress; Now will read
rule Of naturazaiioS" Il IS not doubted that there
ties Sonseguen, upon foreign birth IT appears, then,
cerDing citizenship confined to the removal OF disa-
bilihes Of foreign birth Now eaying the inquiry
rv conferred upon Congress to legislGte az ali in rea
ton 70 me statute of citizenship he proceeds 70 Inquire
HIS says whether there be any thing in the Constitution
when we come examine the TWO other
which are, whether all free persons born on the soil Of
zens ~: 'ntcsrspscyey are thereby Citizens Of he
United States lie says .e OF thebe HethAuYeS ~
expressed or i'm Piled Which coners upon Congress
any authority at all to declare what ee persons are to
the tate except such as TO use his own language that
Is true only Of such may be citizens OF each State and
birth under the Constitution and laws Of the state OF
and he says that that alone contains the truth Tn;
S% q ffS y S SG dasa Il thai G m
the soil OF country both creates the duties aud conters
upon % BY my friend irom Illinois MI Tfumbu i0i''u
II must be remembered that though the Constitution
one Government to which loyalty and obedience from
and privileges yet the sovereign STATES whose people
were their citizens were not only TO continue In ex
they SeTe ge' granted to the NATIONAL and
among the powers reserved to the States that OF
determining what persons WI should, and what per-
sops who should MOI, be citizens having come 20 the
states, The other conclusion is consequent upon that
that 1t remains at il stood beorea power belonging
exclusively TO the states respectively
Now Mr. President, what is the consequence OF that
doctrine, it 1t be true and think may challenge my
citizenship under the Cons tuition of the United States
o 9eeaed pG to S5 in 05s
the party in whose favor the power might be exercised
citizen OF the United States merely for the purpose OF
removing .the disabilities which law of Congress
remove consequent his foreign birth and foreign
we're Interested. 1t was matter Of general moment.
tion se was adopted, and IN which foreisn nations
were concerned; because no state had the
foreign citizen migrt be- concerned It was deemed adj
yisabe TO invest power which might otherwise create
difhcuties ana inquiry to the whole in Government
to which the Interests and safety Of the whole COM
ralization laws did create citizen of state
That power IN the words OF Justice Curtis remained
svey belonging to the States themselves. Now what
born IN the URed States whether born as sSg Ye or
not, Is citizen of the United States. 1t is not
to the abolition avey IN The Uned
but applies to all to whoever was born at any
by reason the fact Of his being born here and that tact
The State may have declared at the time of his BIRTH
# m he was born OF slave moher that he was slave
it are disputed They assert that no descendant OF
Illinois and the Congress Of the United states in
state OF slavery, and who were citizens as long
s @ % bS the Setf % @ w6e
they resided which has never been changed shall by
United States, and therefore citizens for all purposes
Now be true that whether birth is to give citizen
the party born is by the laws the State in which he
is born, citizen Of that State, should like to know
has done in the past is doing in The present may do
G f Wh6 S9 % notice
while: Now, the honoroble member from Illinois (Mr.
rst section Of the bill by saying it is merely declaory
Well, know it is not uncommon tor legislative body,
I 10 remove mo them by dec Legislation
esses TO be passee in the exercise of positive and
absolute power to change the law, not to declare what
OF othsrwise there would be no occasion for it-6at
birth alone does not confer citizenship and assuming
alone declares that birth alone, in spite of State Con-
stltuons and State laws, shall confer citizenship
Now with all oeerence to the opinion of the honora
bic Chairman OF the Committee of the Judiciasy Mr.
as 10 Ss ss Be S
Constitution. The states were sovereign before the
only aeeOGng to very does not peotes
confer upon the Govern ment of the United States any
such power, but as far as ongress 10 erned pro-
only 10 confer that department of Govarn-
ment particular delegated power; ana SO conscious
the trainers thar instrument the great
OF that day to whom its subsequent perfection was e
conferred except such as were expressly granted as
exSeS %eT EeS Sg that tnS Eo sS Is
ned with re yng uon principle that only delegated
ment to the Constitution declared that the powers not
delegated by the Constitution and not denied 70 the
standiog therefore, upon the nature OF the Govern
ment ITSELF as Government of enumerated powers
specially delegated; standing upon the express pro
as rSmsinng Within The Y states unless the Con staoS
contained some particular prohibition OF any power,
power TO declare who might be their enzens before the
now as applicable and exclusive il was before the
Constitution was adopted; ana the Dill therefore pro-
The President therefore, Think is right in say lng,
go further than he does he is right In expressing
doubt whether Congress has the right or power and
aIm with all deleTence 10 the better judgment OF the
S,nators who voted this bill, and tho honorable
hairman Of the Judiciary 0mmtIe9 that it is per-
fecty clear that power exists Is attempted
be exercised the tIst section
hold with Mr. Justice Curtis, and his opinion has
never been questioned that citizenship OF the United
States consequent upon birth in state is to depend
upon the TACT whether the Constitution and laws of
the state the party born citizen Of the State
Now what is the next section, or what is the remain
ing provision OF the first sections Not satisfied with
declaring or assuring that they had the power TO de-