The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-04-12

= 10 PHinViPis VI Puoho law, recOAnlzoo "
he constitution itself, that birth on the soil
If . country both creates the duties and CON.
Iers the rights Of citixenshir."
That 10 the doctrine relied upon by nv
friend from Illinois; but the judge says:
"But it must be remembered that though
the constitution was to form. q government,
and under it the United States of America
were to be one united sovereign nation, to
which loyaltp and obedience on the ons:side,
and from which protection and privileges ON |
the other. would be due, yet the several south. |
srn statss, whose people we're then citizens, |
were not only to continue in existence, but |
with powers unimparsd, except SO far as they
were granted by the people to the national
government.
"Among the powers unquestion ably pos.
ssssed by the several states Was that of deter
mining what persons should and what persons
should not be citizens"
And having come to the conclusion that
that power was not delegated by the copstitu-
ton OF the United States, he came necessari-
ly to the other conclusion consequent upon
that, that remaios as IL stood before that,
power exclusively belonging to the states re
spectively. What Is the consequence of that
doctrine if it be true and think it may chal
lenge my friend from Illinois to disprovs it.
The authority over citizenship under the con-
stitution of the United States is not delegat-
ed to congress- except In one particular, and
that not one which was intended to make the
party in whose favor the power might be ex-
ercis.d o citizen OF q state. but merely for
the purpose OF removing the disability which
alone the government of the whole could re-
move consequent of his foreign birth and his
foreign allegiance. That was question IN
which the whole were interested; 1t WAS
matter of general movement; it related to
| the common objects tor which the constitution
itself was adopted; foreign nations were to
be considered; and because no one state had
power of legislating upon any subject in
| which q foreign nation OF foreign citizen
might be concerned, it was deemed advisable
to vest q power which might otherwise create
difficulties to the injury of the whole in the
government to which were submitted the In
terest and ratety Of the whole. But the re.
moval of the disabilities under the natursii-
cation laws did not create the party q citizen
| of any state That power, In the words OF
| Mr.. Justice Curtis, remained as it stood be-
| fore the constitution was adopted, exclusive
ly belonging to the states themselves.
Now, what does this bill do? 1t says that
every man born within the United States
whether born as a slave or not-for it is not
prospective, operative only upon those who
may be born subsequently to the abolition of
slavery liz the United SIates-but whoever
| was bora at any time, though born in slavery,
is to be considered a citizen by reason of the
fact of his being born alone. The states
where slavery existed declared, at the time
of the birth, if he was born of q slave mother
that he Was q slsves The constitution and
laws of the states, undisputsd declared
mean the states in which slavery existed
that no defendants of colored mother, wheth-
er she was free or not, was to be consider ed
a citizen by virtue of birth; and yet my
friend from Illinois, and the congress of the
United States In passing this bill, have de-
olared that those who were born in q state
of slavery, who were never citizens as long
as that condition existed, who were prevent
ed from becoming citizens by the constitution
of the state in which they resided, which has
never been changed, shall by force of this
enactment, be considered citizens of the
United States, and of course for all purposes.
If il be true that whatever birth lie to give
citizenship of the United States depends up
on the fact whether the party born by the
laws of the state in which he is born becomes
q citizen of that state, then / would like to
know where is the authority 10 congress to
interfere with what the state has done In the
past, or what it may be doing in the present,
or may do in the future, unless 1t can be &C.
comp lis he'd under the constitutional amend
ment, TO which shall advert by and by.
The honorable member from Illinois dis
section of this bill by saying that 1t is mere
ly declarstory. / known it is competens for
any legislative body, on a question where
differences Of opinion exist in relation to any
legal proposition, TO remove them by declare
tory legislation but that is not the purpose
of this bill. Ii processes to be passed in the
exsrciss.of q positive and absolute power to
change the isw-not to declare what the law
was In order to remove doubts, but to make
ha 1a- lie
would be NO occasion for it, that birth alone
does not confer citizenship; and assuming
that no citizenship would exist in oonse-
| quence of birth alone, il declared that birth
alone,in spite of state constitutions and sta to
laws, shall confer citizenship. Now, with
all difference to the opinion OF the honorable
chairman of the committee on the Judiciary
that seems TO me to be proposition as clear.
ly erroneous as any proposition can be in re-
lstion TO constitutional laws. The states
| were sovereign before the constitution was
adopted; and the constitution not only. &C.
oordlng 10 Its very terms, does not profess to
confer upon the government of the United
States ell governmental power, but, as far as
7 congress Is coDeered, Processes to confer upon
that department. of the government only the
particular delegated power there snumeart-
ed (; but SO anxious were the trainers of that
instrument and the great men OF that day, to
whom the subsequent organic alton OF this
government was left, that although they had
no doubt as to the principle that only the del
egated powers were granted, land the debates
in the convention itself as well as the debates
in the conventions of the several states when
the constitution was before them for adoption
or rejection, all went upon the theory that no
powers were conferred except such as were
| expressly grsnted) or as were reasons bly to
| De impleo as necessary to carry out the pow
ers expressly granted, by the tenth am end
ment adopted recently after the constitution
went into operation, and recommended by