The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-07
Senator TrumbuIl on the Civil Rights Bill
He Falls Short of the zeal Issue.

From the Herald.
Mr.. TrumDull, Chairman of the Judiciary
Committee of the Senate, and the framer Of the
Freedmen's Bureau Extension and Civil Rights
bills has put in his vindicaton of the latter
measure in opposition to the Presidents veto
Whether he will be more fortunate in the test
vote of the Senate in this case than upon the
Freedmens bill remains to be SEEM but from
present appearances the President will be again
sustained.
Mr.. Trumbull's argument in support of the
bill is that of q skilul lawyer who knows how
TO present in bold relief the strong points on
his own side, and the weak points OF his adver-
sary. He contends that all persons born in the
United States, not subject to any foreign power,
and excluding Indians not taxed, are constitu-
tionally citizens of the United States; that this
was the opinion of Mr.. Lincoln's Administra-
tion; that the Secretary of State, in his pass
ports to black men as citizens, has adopted it;
that Mr.. Marcy. as Secretary of State under poor
Pierce's administration, held the same opinion
in reference to free blacks, and that President
johnson himself does not come into conflict
with the construction. He only holds that,
while the bill does not purport TO grant any
other rights than those of Federal citizenship,
it stiIl makes invidious determinations against
certain classes of persons, and invades the re-
served rights of the States in regard to State
citizenship, and the powers of the State Legis-
latures and judicial authorities over that subject
Against these objections OF the veto message
Mr. 1rumDul says That tney are perVerSlOnS;
that the bill is for the relief of persons who
need relief, not for the relief OF those who have
a right already; that the Objectionable machi-
merry OF the bill was copied from the old Fug-
tive Slave law, always held to be Constitutional,
and now used in the interest of freedom as iG
originally was In Ithe interest of slavery; that
the measure does not interfere with the re-
served Constitutional rights OF the States in any
way, and that, unless this bill can be passed,
nothing can be done to protect the freedmen in
their liberty and their rights. These are among
the leading points of MIR. Trumbull's lawyer
like, compact yet minute and elaborate re-
view Of the Presidents objections to this Civil
Rights bill.
But, giving the learned Senator the full bene-
fit of ms legal authorities and conclusions, and
the full value of Senator Andrew Johnson's
argument against President Buchanan's veto
objections against the Homestead bill, as the
dd cGptundInl of the mere politician or dema-
gogue,n and as a veto involving q violation of
the spirit of the Constitution in being interposed
against two-thirds majority of each house, we
must remember that the opinions of public men
are shaped by the positions in which they are
placed, by the duties devolving upon them, and
by the circumstances and public exigencies by
which they are surrounded.
Thus the views of Andrew johnson as a Sena-
tor, devoted to a particular bill, and his views
as President touching the veto power, devoted
to particular policy, may be widely different;
but still in each case they may be perfectly
consistent with his convictions OF public duty.
That they are in the case of Andrew johnson
we have no doubt. We apprehend, too that
in all the learned specifications authorities,
precedents, and arguments of Senator Trumbull
he does not reach the real difficulty in the case.
We app1ehend that the real trouble is this: that
this Civil Rights bill, in proposing to enforce by
the executive, judicial and military powers Of
the United States the rights of the blacks in ali
the States as citizens, opens the way to the
placing of whites and blacks in this country
not only on basis of political hut of social
equality, and the consequent deterioration Of
this people to the condition Of General SCOTS
undesirable mongrels of Mexico,
President johnson, in tact holds fast to the
idea that this is ''the white mans Government u
and that, in order to keep the dominant race
uHadulterated, vigorous, and effective, the
coloTed races must be held in subordinate
position, politically; for that otherwise the
next step must be an indiscriminate social
admixture and general decay, as in Mexico and
the South American States.
This is the issue which is now before the Sc.
nate, and which, however settled in that body,
will assuredly be settled before the masses Of
the American white people on the side of Presi
dent johnson. This is the real issue which
Senator Trumbull has failed to meet