Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1866-04-13

THE CIVIL RIGHTS BILL.
The Presidents Veto Reviewed.
GREAT SPEECH BY SENATOR
TRUMBULL.
Delivered iu the U. s. Senate, March a, 1865.


TRUMBULL.
Delivered In the U. 8. Senate, March a, 1865
MR. PRESIDENT: fully share with the
President of the United States in the re
gret expressed, that he is unable to sigr
the bill to protect all persons in the United
States in their civil rights, and secure the
means for their vindication. | regret Oh
my own account, because of the disap
pointment of the just expectation raised
when this bill was presented to the Presi
dent, before its introduction to the Senate
/ regret it on the Presidents account, be-
cause it is calculated to ALLEVIATE him from
those who elevated him to power, and
who gladly have rallied around his admin
istration to sustain him in the principles
upon which he was elected. But, above
all, sir, regret it for iberty's sake, to Sc
cure which to ourselves and our posterity
this Government was founded. But if the
bill is unconstitutional, is unjust to the
whole people, l would not have had the
President sign it That its provisions are
not unjust to the whole or any portion o.
the people, and not unconstitutional,
shall endeavor to show by calm and dis
passionate review and examination of the
Presidents various objections. He begins
these objections with the very first lines
of the bill, which declare that all person.
born in the United States, not subject to
any foreign power, except Indians not tax
ed, are declared 10 be citizens of the Uni
ted States. The bill, as originally intro
duced, did not contain this provision. It
was believed by myself, and many others,
that all native born citizens, since the alb
oiition of slavery, were citizens of the
United States. This was the opinion, the
official opinion, of Mr.. Bates, the Attorney
General of Mr.. Lincoln's administration
the opinion adopted BY his administration,
and acted upon since by all the Depart
ments of the Executive Government, in
Guiding the Secretary of State, who has is
sued passports to persons of color, recog-
nizing them as citizens. 1t was the opin-
ion Of Mr.. Marcy, when Secretary of State,
that all persons born in the United States
were citizens of the United States, not re-
ferring, of course, to slaves-slavery at
that time existing in the country. The
President does not object to the declara-
tion in the bill as unconstitutional; he
does, however, say that it does not purport
to declare or confer any other right of cit
izenship than Federal citizenship. Itdoes
not purport, he says, to give those classes
of persons any status as citizens of States
except that which may result from their
status as citizens of the United States
The power, he adds, ''to confer the right
of State citizenship is just as exclusively
with the several States, as the power to de-
clare the right to Federal citizenship is
with Congress. -lJs L-a.a.r
Now. sir, we all know that no State has
the authority to make citizen of the
United States. The Constitution of the
United States vests with Congress the sole
power of naturalization, and it may make
citizen of foreigner, but no State can
make citizen of the United States of a
foreigner; but It'll not true, sir, that,
when person becomes citizen of the
United States, he is not also a citizen oi
the State wherein he may be residing
On this point will refer to decision pro
nounced by the Supreme Court of the
United States, delivered by Chief Justice
Marshall, the most eminent Jurist who
ever sat upon the American bench. The
Court says: "The defendant in error is
alleged in the proceedings to be a citizen
of the United States, naturalized in Louis
lana, and residing there. This is equiva-
lent to an ayerment, that he is a citizen Of
that State. A citizen of the United
States, residing in any State of the Union,
is a citizen of that State" This was the
only point in the case. This is the opinion
Of the highest tribunal in the country,
pronounced by the most eminent man
who ever sat upon the bench in America
but, sir, unless this authority is to be dis
regarded, the President of the United
States is mistaken in his law. 1t is not
true that when a man is made a citizen OF
the United States he is not citizen Of
every State.
The President next alleges that the right
of Federal citizenship thus to be conferred
in the several excepted races before men
toned, is now, for the first time, proposed
to be given by law. Now, sir, this is a
mistake, not of the law, but misappre-
hension of fact; and it win appear by the
reference to which I shall call the atten-
tion of the Senate in moment, that the
Presidents facts are as bad as his law
There have been in the United States sew
eral cases of collective naturalizations by
the annexation of territories. By the
third article of the Convention of April
80, 1900, with France, in the cession Of
Louisiana, it is provided that the inhabi-
tants of the ceded territories, to be incor-
porated into the United States, should be
admitted as soon as possible, according to
the principles of the Federal Constitution,
to the enjoyment of the rights, privileges
and immunities of the citizens Of the
United States. A provision to the same
effect is to be found in the sixth article ol
the treaty with Spain for the purchase Of
Florida; and by the eighth article of the
treaty of l84S, with Mexico; also, by the
annexation of Texas, under a resolution Of
Congress of March, 1s45, in its admission
into the Union on an equal footing with
other States. Collective naturalization,
says the authority from which [ quote
may also take the place Of class OF per
sons-natives of the country or otherwise
who, without any act on the part on the
individuals, may be made citizens in the
United Ssates. h,-..@a
1t is incorrect to suppose that aliens, al
opposed to citizens, implies foreigners a
respects the country. Indians are th'
subjects of the United States; but they
are not, therefore, citizens, nor can they
become citizens under the existing natural
ization laws; but they may be made citi
zens by some competent act OF the Gen
eral Government, by treaty or otherwise
n ox,1 aotS r,