Delaware State journal and statesman., 1866-04-17
WILMINGTON. TUESDAY APRIL II, 1866.

senator behind me- even the child of foreigneri The
infant child OF foreigner born in this land, Is citizen
objection to making citizens Of Chinese and gypses.
told that but few Chinese born in this country
and whore the gypstes are born 1 cannot tell Like
Topsy IL is questionable for They mot born at ell
but Just come" tLaughterl go. o.
But Mr., President, perhaps the best answer TO this
objection that tha bill proposes to make citizens OF
Chinese and gypsie and this reference to foreigners is to
be found in speech delivered in this body by Senator
occupying think the scat now oceupied across the
Chamber by my friend from Oregoni INF Wisms less
than SIX years ago in reply 70 veto message @ sem 70 ti
States returned with his objections what was known as
the Homestead bill On that occasion the Senator to
Mr.. sumner-what Senator was III tLlughterl.
Mr. Trumbull lie said this idea about foreigners
somehow other appears to haunt the imagination Of
great many. constrained to say" says the Senator
alluded TO- fhat look upon this objection of the bill as
bubble the part Of the President and 90 being
hard pressed for some excuse Withholding bis approval
of the His allusions to the foreigners in this
connection looks to like the ad captandrn Of
the nero politician or demagozue than grave and sound
to be offered by the President OF the United sta
In veto message upon importsnt a measure as the
| Homestead bill.n
| Mr.. sumner-wAo was khe senatorl
Mr. Trumbull-That Is the language of Senator Andrew
johnson. (Great laugher.) It is, perhaps the best
answer, though should hardly have Venured to have
used such harsh language 10 reference the President
of the United States to him Of qubbling and
demagogng and playing the mere poii;ian 10 fen''ng
veto message to the Consress Of the United States
The President also makes other illusions in this
tba imnrouraty Of marrages between whites and blacks
State laws on ths subject Of narriagep Well then for
what purpose is 1t introduced in this bf Not surely as
sad c1pdn im argument, 10 exci'n prejudice or az
| the argument Of demagogns and politician"
The President further says; "lf u be ef4ni ID that
Congress repeal all State laws discriminating between
whites and blacks the subjects covered by this l
why, 1t may be asked, my not Congress repeal In the
races on the subject Of suffrage and Office. II Congress
can declare by law who shall hold lands who shall
testify, who shall favs capacity 10 mako contract IN
state then Congress- can also by law declare who without
regard color, shall have the right to sit as
jr-or judge, to hold any office, and fnry u vote
in every sta and tel riOry of the Uuited state4n
Perhaps the best answer, MIR Fresidta could give
to this would be the answer Of Andrew Jobnson h'msu.
He undertook - reorRAnize state governments in the
dsloya ststes When he did 81 to whom did he extend
the right of sufrsyef To the blacksf No, sir but lie
extended the right of suffrage TO those authorized vote
under the laws Of those States before the rebellion
his answerl That ne had no powor That 1t was uncon
sutonal, but he had power % protect them in ihe'-
civil rights and he did protect them in their civil rights
Then If II be true that protection in civil rights
with it the right of suffrage, what bcoe of the position
he assumed when he exterded cv rights to the negro
all through the south, shall presently show, by
orders issued by his authority and yet he refused to
siye them the right Of suffrage on the ground that be
vested in the statas with which he could not interfere
But sir the grant of civil rights does not md never
did in this country carry YIN political right or more
citizen in this country without the right to vote with
out the right to hold office The right p r9e and hold
oce in the Sta depends upon the Legislatures Of the
various stses the right to hold office ider the Federal
depends upon the Co lstuon Of the Unit
Il
SENATOR Representative, must we bean a citizen Of
the United States certain nunher Of years before he
Of Congress- So that the fact OF being citizen does
quay person for holding 'ice necessarily, does 1t
ne essarily authorize hun to vote Women citizens
children are citizens but they do not exercise the elective
franchise by yitue of their citizenship Foreg lers
stated by the President in bis message, before they
naturalzed projected In the rights enumerated IN the
blthe right &c contract, the right TO sue and most Of
the rights we have enumerated They do not because
they possess these rightS-the right to make contract
and hold land, which is the case in NEST II not all tho
rights enumerated IT, the bill DO not carry with them the
right to vote But eir what rights have citizens of the
United staies' They haze ssne TO BE- clllzS9 Of the
theyf why sir they're those Inherent and fundamental
rights which belong to every citizen and freeman Ia ell
couutres such as the rights ated II this BILL and
they belong to citizens In all the States Of the Union.
The right Of American citizenship means something It
does not mean In the Of foreigner that when he Is
naturazed is TO be left to the mercy Of State Legisa-
lures He has right, when duly natualizol go into
iaTs reside there and the United State government
would protect him in that right. It would protect
citizen Of the United States not only in of the States
of the Union but will protect him In foreign lands In
the language of Marcy when Secretary State "a citizen
that s extended by that to its own citizens
In the great essential rights which have enumerated
these rights which belong to citizens and known
natural rights are defined by blackstone ia his denitinn
Of civil liberty to be other than natural ibery far
and expedlent for the general advantage Of the public
In this definition ofeiy liberty ought to be understood
~ ratLar nreed that the restraint introduced by the
law be equal to ALL or much the Of the
law will admit. Equality of rights is the bass Of th4
commonwealth as is said by Kent and Kent himself
in sueakipR of these rights says that "he natural rights
Of Individuals may be said to be included in the right
personal security the right of personal liberty and the
right to acquire and enjoy property These rights have
mostly been considered and frequently declared by the
psspe Of this country be natural Inherent and nalen
personal liberty and the right 10 acquire and enjoy
property And these declared to b. inaenabe righ
belonging every citizen OF the United States no matte
where he may be as citizen othe Unitld States KEN
in the second volume of his Commentaries, says; 'rh
privileges and mmunites granted by the Constitution
the United States to the citizens Of the several Stqes
were to be confined to those which were in their naur
Fundamental and belonged Of right to the citizens Of al
free governments" Such the II shs of protection T.
u life and liberty, and the right to acquire and ero
e property ,,.-,,,, ,,-,
n goes much further than this-which decides not fmn
i that citizen Of the Unit I'd States as such, is entitled
protection In these rights but his goes further
g. decides that alisn enemy permitted to reside In ID
Is country during time war; II he is all wed TO res
here to be protected in all these rights Ii giving til
opnion of the in that the court siys "awiu
implies proeclinn and the capacity to sue an
be suedn would like to Inquire if the negro i lawful
le In this country2 II not whore does he bel0n1i by th
10 law of nations alien who goes to reside in oreg
ID country so long he CO.. duets himself dscenty,
allowed to continue to reside there under the publ
I'd protection In the opin'n the learned Chanollt
saws: Ths Is the public law Of Europe nernlon
o. lan and any person residing in the United States
entitled to the protection Of that law by the Federal
ernment becarse the Federal has jursdcc
,s Of surh questions; and sir. If 1t not So America
in citizenship would be worth nothing. What islt worth
iii Il docs nof nrotect the citizen in the same right How
IT, sin that every person born in these Unitd sta,s
Is asssnea to the gove nment of the United staeFf Ever
he thing that he bls his property h,s s' may be taken
maintain thChonor Of the nation aud can 1t be- sir th
ancestors struggled through long war TO set up h
government that the people Of day have struggle
through another 10 maintain IT, that ser all
g sacrifices have made we have got government wh
Of s ali powerful to command obedience Of the citizen,
has no power to afford him protection Is that all h
this boasted American citizenship fmounts tl SO tell
la sir TO the father whose st7rYed to death
ir Andersonye; to the widow whose husband slain
IA Mission Ridge the little boy who leads his b
me on The gulf Coast So tell them that this government
to defence Of which the son and the husband e and
Ather lost his eyes Is government which has right
Pile call these persons Its defence but has power
Jet protect its friends in any right Whatsoever
ch Sir Il cannot be Such is not the meaning of o
ng Constltution-sueh IS not the meaning of Amerc
ep citizenship. This government which would go TO war
ON protect It's meanest citizen rhabi1n IL. any forei
iEe land whose rights unjuay eneroaehed upon,
he esranly power to protect its own cit ans in tn
I'D own country. ...,.,- IT. = ,
bill 10 the second, which Is ohe id to by the Presde
try as aordng discriminating proteeton to eoafed persO
lil Sir will read that section, and lei fany Of
ire. discover these Determinations:
sectou q And be it fu iher ensc d, That any
the who under e3lor Of any law ue, ortinauce
ue, ton or shall sutjeo or cause to he subject
TO any oany State teTit ry to the dep
the ef any right protected by this act dert
our nunishment, pains penalties, account of 50
to person having, at any time been held in condition
md slavery or nvolunts servtude except puushne
or crime wher If the panty shall have been duly
er veed by of his color than prescril
are fnr the punshment of whit persons, shat deea
pie gnity OF misdemeanor snd conviction shall be
ished by fine not eGeeedne thousand dollars, or
ate prsonmeut notexet d'n ~ year. or both IN the
be cretion Of the court"
her Now, can human ingenuity point out wherein Il
ws seetion discrminates in favor OF coored person
her that person shall subject tolored person
dierept punishment than that Inflicted white per
sa fr the same offence" Does that discriminate in fav
ing Why sr the very object Of the section is to prevent
elimination The effect OF Is TO prevent It we'll
it obeet and the language II does 10 me,
ties. not more plainly express that effect 1t may be
In that ii il for the benefit of the black because he is
ery some instances Disseminated against by State laws
tied that is the with all remedial statutes They