Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-04-08
coyeREssIoSAL PRoCEEDrSas.

EFAzEI11GT0N, April 1dts-Ih,
E-.lowilg Joint resolution ia relation G,
I1UuCes 10 c0Iored soldiers was passed
That the omission on muster rolls Of tlt
words free on or before April II, 1851, p
shall not deprive any colored soldier Of
the bounty 70 which he is entitled, and
which is now OF may b. withheld by
reason Of such omission. provided. moth
ing therein shall be so construed as @
e--i-le soldiers who were not free az the
date herein specified 10 receive bounty.
Er. johnson com batced the remarks o,
Mr. Trumbuu, that the President had no
power % veto o lil passed by a two
thirds majority of both houses. Also his
use of the case passed upon by Chief JUS
tiee Marshall, alleging that the decision
was inapplicahle TO the argument. He
said there was not q word in the C0nsti-
tuition giving power % sny department
Of Government TO declare who shall be
citizens. Alr.Johuson then cited from the
opinions IN the DTed Scott ease 20 show
that in consequence Of the blood that
was supposed % run IN his veins, his de
scent from African ancestors, aud his
having come 20 the United States slave
he could not become q citizen Of the
United States. Mr. johnson held that
the Constitution of the United states as
Sumsd that citizenship might be ac-
gHired by nativity that il was the COM
mon law that II was the law Of the
civilized world that he was born in this
country and not made a slave az the
moment he was born, by any municipal
regulations. and became, by virtue OF his
birth, a citizen bot he by no means
held that the consequence Of his being a
citizen Of the Unitel States by virtue of
his birth made him g citizen Of any
-~a-n -r e7re. F-srzraH Era-aa 81 Ar -r.fvT-
ion. % Judge Curtis said BE- Is that under
the Constitution Of the United States
every free born person on the soil Of a
state, who l. q citizen Of that State by
force Of i1s Constitution or laws, Is q cit
lzen Of the United States"
AIr. johnson discussed ar length the
grounds Of the decision thar the COnsti-
tuition has not empowered Congress to
create priviI legged classes within the States
who alone shall have the privilege OF
citizenship He coutenied that the right
OF determining who were and should Ga
citizens was among the powers reserved
TO the states. This section Processes %
be passed in the exercise of a post tive
and absolute power 70 change laws, and
not % declare what the law was the
power 70 maEe a law 1t ASSUMES, OF other
wise there wUuld be no occasion for it:
that birth alone does not confer citizen
ship and, assuming that 10 citizen-
ship could exist IN consequence Of birth
alone, Il declares that birtD alone, In spite
Of State constitutions sld state laws,
shall confer citizenship. Nor with all
the Difference to the opinion Of the Hon
Oralie Chairman of the Committee OF the
Judiciary Ir. Irum8ll|, F, II seems To
me % be proposition clearly erroneous.
The biz proposed 10 change The whole
theory Of the Government, the pr0yi-
sions Of the BIN granting % such persons
the rights Of citizenship, was untenable,
and Judge IrumbulI : citatIgn Of Kent,
was simply thatevery nation is bound TO
protect its own citizens.
He then addressed himself 10 the see I
tian Of the bill defining the punishment
of state Judges. He said the bill goes /
mon the theory that there is but one
Government; murder, robbery, and
many other OGenses which no one ever
dreams Of trying Ia any bat State Courts,
are % BE- transferred 70 The United states
Courts NV honorable friend asks,
Or Whose fault Is il that eleven states are
not represented here P' BE certainly does +
not ask this in an U1 eTpaH8 style, a.
he adverte3 upon that ID reference 70 the
present. He says their hands are raeE-
ing with the blood OF their fathcrs. " hat I
have they donee They have abolished 1
slavery. some Of them have even gone {
further than the honorable member him /
self and though some Of them have
fought on the field Of battle, they can .
lake that 0ath as conscieBiouslY ss the
honorable member, or myself Congress I
sioual legislation Is necessary it is said !
Well. thev applied here in the month of 4
Decem Der, and it is now april, and Dr. 4
may be until July or December, as rumor /
has IL. I can 20 into the state Of the D
honorable member himself and hud I
hundreds Of men just as Qisl9yai as any 4
in those States-that il Glsioval I'D the 4
modern acceutance Of the term. A /
short time aa0 il was dislOyal 10 oppose I
The President: now lt Is 5.5.oyal 10 sup \
mort him. Now 4 Is only loyal u up \
hold conrressnlen. The supreme Court /
has recognized these States ss being IN 4
The Union. Il has for weeks been trying
csses from them. II T. appreheldec I
that mischief viii result I they De aa-
uI-ted here. Mischief Of what kind
Df a Usrty character. That is the cnly
that am aware OF that can re-
suit Nr President my friend Mr. An
thouv. ia rather severe terms TO the
President. states that in his opinion the
bill Is uncofisti tItional. and thinking SO.
Il was his duty 70 interp0se his Ouiec-
tons. II he bad not done So he would
have been false 10 as faith. As 10 any
suspicion Of dlsi0yalty against him. iiis
former political course 1isappr0Ned lnaL
In 1861 / was here, but not member OF
the Senate, and ! hesri him, standing
in the midst Of those who were plotting
TO destroy the Union, in words that
burned den0uncing their attempt at re-
belliOn.
- AIr Nye. VIII the Senator allow me
70 ask him question
Mr.. johnson. Certainly.
Mr. Nye. Did he notat the same time
admit the right Of secession
M. johnson. Certainly not; quite
he reverse. The NEST prominent man
who advocated it vas li.e late lameuted
Ar. Lincoln iD a speech iu ls47.
Mr.. Yates said that under the slavery
amendment be entertained the opinion
That the freedmen were entitled % the
same rights and privileges as any other
citizen of the United States. The author
tiles quoted by the senator from Mary
'and only held before the adoption Of the
slavery amendment The senator from l
Maryland had offered an amendment 70
the Freedmeu's Bureau biA which defines
his Mr.. Yates position.
Mr COWau said. as &c seemed that no
government could be made, De proposed
20 say a few words. He looked upon the
question as purely legal one. The bill
was q ggTv dangerous one, but could not
sfect ali the purposes which It's friends
desired The rights conferred by the iir5i
section or the biz are without restrl0l-on-
il does not confer rights as upon white (
citizens, but coufer them absolutely. II ,
this was intended a. a remedy FOR the !
Of H .
40 remedy az al, aud held up % the ,
,golld as q de.usign and a snare. They {
we're 70 20 into state courts, and if they {
Iid not get Justice tHey were ~ 90 70 dis
rict courts. All know LLssa p0sr Afri- (
cans are not likely TO have any cases
over the value Of So or 500, and by the
time they get through with litigation ana
syvver-sI fees how much ai it viii be left . 7
/ have no other WO1d isI THIS bil than
strocitv: and Ii Is an aifOclIy, ala 30 it
will be handed down % TIE last genera
ton. As 20 the power 70 pass TINS BILL
nothing that has been si-ll lere ls worthy
Of the least attention rom sny sane Ilan.
'rbare was certainly nothing IN the Old
Constitution 10 warrant what was
cIaimed The former came lFom the
amentlneut ab0lishing slavery. and yet
-,,,der II we assume 10 Ieglsiate for al lree
negroes and mulattoes. There were nearly
hslf 8 million free negroes 90 the time
hat amendment was adopted, and under
an amendment ab0lishiGg slavery i was
ATTEMPTED 10 Iegislate f1r this immense
number Of people. This Of itself must be
a sufficient objection % Che constitution
ality Of the measure, II there were no
other. BIr President, / have another OBJ
lection 10 this bill lt establishes the Of
Zee Of public prosecutors, who are to be
appointed by the President and paid out
II the peoples money for acting as spies
against them. What is the character Of
this oliice2
House The morning hour was occu-
uied in the consideration Of reports from .
The Committee on Military Affairs. A I
amount Of miscellaneous I
matter from that committee was disposed
of including the passage Of Dill giving .
three months pay proper allowed TO army
officers who should continue in service % Z
ne close Of the war. To such officers as
OF were mustered oat az their
own request after the 18th Of April J 585,
me War Department had construed the
Iauv a not covering such cases.
Mr.. Stevens made report from the
conference Committee on the deficiency