New-York daily tribune., 1866-04-06

citizens Of The United States. shall not read every
thing he says In relation TO three OF the alternatives
but only portion OFT srensed by Birth
wthn the States which the Constitution eIpress TO-
cogDizes and denies then these four alternatives
embrace the entire subject and only remains to select
the one which is true that the Constitution itself has
defined citizenship Of the United States by declaring
what person born within the several States shaii or
II contains no such declaration He may
dismiss tie fret alternative as without doubt un.
founded that Is to saw. the Constitution has not stated
70 u'' S' noi ss.c9bed What naSorn
persons shall or shall not be citizens; the
| propositions. to use his own LANGUAGE, may be
that true then is the other true il the Constltu
ton does not of itself declare who to be citizens OF
the United States Is there anything In the Consltu
ton which confers upon Congress the power to do the
same thingi Let US SEQ what Justice Curtis says
about that. Has IL empowered Congress to enact
what eeborn persons born within the several states
shall or shall not be citizens Of the United Statesf III
such power exists then tho Constitution has empow
cred Congress to create privileged classes within the
States who alone shall be entitled to the franchise ana
privileges of citizenship. II II be true that the Consul
tuton has enabled Congress to declare what free per
sons born within the several States shall be citizens OF
the United States, it must at the same time be admit
ted that II IL unlimited power. IL this subject Is
within the jurisdiction Of Congress 1t must depend
wholly on its discretion" Then he proceeds. immed
atey aterward In very clear and ioeibe language 10
that the Constitution eoners no such power upon
Congress. Now will read part OF what he says:
Among the power. expressly granted 70 Congress, Is the
power prescribe uniform rule of naturalization IL Is not
doubted that this power TO prescribe rule for the re-
removal Of disabilities consequent upon foreign brtb ap
pess then the only power granted to Congress 10 les
lie concerning citizenship is confined to the removal ofi'
disabilities OF foreign birth"
| Now leaving the inquiry whether there is In the
Constitution any express authority conferred upon Con-
gress legisate at all in relation TO the statute OF
citizenship. he proceeds 10 inquire whether there exists
any implied power to establish il. lie says: whether
there be anything in the Constitution from which the
power may be implied, will best be seen
when come 10 examine the two other alternatives
which whether all free persons born on the SOL IN
several States such Of them may be citizens OF
States epecvey are thereby citizens Of the United
States lie SAYS the last Of these alternatives Is In nv
Judgment the onehat is TO there Is no power
expressed or implied which coners upon Congress any
authority all to declare what free persons ore to be
considered citizens because Of their birth wthn ths
state, except suoh "A, by yiitue OF Their Dirth
under the Constitution and laws OF the state OF
their birth, became citizens OF the United States,
and be says that alone contains the truth undoubtedly
As has been said aprncpe Of pu5e Law recognized
by the Constitution Itself that birth on the soil of
country both the duties and confes the right oil
citizenship That is the doctrine relied upon by my
| friend from Illinois (Mr. TrumbulD. IL must be re-
me m bercd that though the Constitution the de-
| signed form OF the United States OF America-a gov
erpment 10 which loyalty and obedience from the citl
gems was 70 be given in return for protection and priv
leges-yot the several sovereign States, whose people
were the citizens, were not only TO continue IN exist
ence. bat with powers nnmpared except so ar az they
were granted a. the National Governments and among
The powers reserved to the States was that OF de
terminng what persos should not be citizens. Having
q me 10 the conclusion that that power not dele
aed the States, the other conclusion is consequent
upoD that that II remains s. II stood before. power
eIcustely belonging 10 the States respectively. Nov,
Nr Precedent what il the consequence of tnst doc
| .rne II it be true, And think may challenge my
friend from Illinois to disproye H. The authority be-
fore citizenship under tho Constitution OF the United
States IL not delegated TO Congress except III one par
ucnar instance and that not one which was intended
TO make the party in whose favor the powers might be
exercised citizen Of the United States merely for the
purpose Of removing the disabilities whiyh = law OF
Congress consequent upon his foreign birh
aud foregn allegiance. That was question IN which
the whole were Interested. IL matter OF general
moment. 1t related to common object for which the
Constitution itself was adopted. and IN which foreign
nations were concerned. Because one state had the
power 90 legsate upon any subject upon which for
egn citizen might be concerned IL was deemed advisa
bic 10 invest power, which might otherwise create
difficulties and injury to the whole. In q
Government, to which the in'erC,s co@m,,sS ara
But The removal OF disabilities under the naturaliza.
tion laws did not create citizen OF any one state.
That power In the words Of Justice Curtis remained
AZ IL stood before the Constitution was adopted.
| cusyey belonging 10 the States themselves. Now.
what does this bill propose to do' 1t SAYS that every
man born In the United States whether porn as q
slave or not t not confined in ts operation 10 those
born subsequent to the abolition OF Slavery IN the
United States but applies 70 all. TO whoever was born
at auy time though born in Savery Is TO bc considered
citizen by OF the fact Of bis being born here
and that fact alone the State have declared at the
time of his birth II he was born OF slave mother that
he q slave Ihc ana Stute
which declared 1t are disputed We assert that de-
scendant Of colored mother. whether she was free
not shall be citizen by virtue OF bis BIRTH and yet my
friend from Illinois and the Congress Of the
United States in passing this bill. have de-
clared that those who are born In a State
OF slavery and who citizens long that
condition existed who were prevented from being citi-
zens by the Constitution Of the State In which they
sided which has been changed, shall by force OF
this enactment be considered as citizens Of the United
States. and therefore, citizens for all purposes Now,
II It be true that whether birth is to give citizen
ship Of the United States depends upon the fact whether
the party born by the laws Of the State in which he is
born Q citizen Of that State, should like to know
where is the authority Of Congress TO interfere oyer
what State his 4sni @ Y !ss ess ?9'Ds a pres.
pished under the Constitutional Amendment (Which
viii notice after awhe), Now. the Honorable member
from Illinois Mr.. TrumbulD disposes OF the Presidents
e 70 S ss .'''SV know D Z y~
uncommon for q legislative body whose differences
Of opinion exist In relation to any proposition,
remove by declsratory legislation. But that Is not
in the exercise Of positive and absolute power to
change law, not to delare what the law was. The
power TO make law 1t assumes, or otherwise there
would be no occasion for It, that birth alone does not
confer citizenship, and. assuming that citizenship
could exist In consequence Of birth alone II declares
that birth alone In spite Of State constitutions and
STATE laws. shall confer citizenship NOW with all
the COMMITTEES Of the Judiciary (Mi. TrumbuD it seems
to me to be proposition as clearly erroneous any
proposition DO In relation to the Constitution
States were sovereign before the Constitution WAS
adopted and the Constitution. not only according to is
terms doe: not profess to confer upon the Govern
ment Of the United States any such power but far
sSsi dapsmsut Of the particular dee
gated power and conscious were the trainers Of that
instrument and the greet men OF that day to whom Its
subsequent perfection was c that although they had
no doubt on the subject and although the debates In
the Con taef A well as the debates In the con.