The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-06
NEW YORK, FRIDAY, APRIL 6, 1866.

assumes osrwise there wonld be no occasion for L.
@ o'n a2he does not confer citizenship; and assuming
tnat no citizenship coud exist In consequences OF birth
Mone, declares that birth alone In spite Of State
constitutions and State laws shall confer citizenship
chairman OF the Committee OF the Judiciary (Mr Trum
buiD IL seems 10 mo to be proposition as clearly
constitution The states were sovereign before the con
stituton was adopted and the constitution not only
according to Its very TRIMS does not profess TO confer
upon the government Of the United States any such
power but as far Congress Is concerned processes
only to confer that department Of the government
particular delegated power and conscious were the
Trainers OF that instrument and tho great OF that
day to whom its subsequent perfection was loft that.
although they had no doubt on the subject and
although the debates in the convention itself well
the debates In the OF the States when
the adoption the constitution was before them
wtthsianding they all went upon the theory that no
powers were conferred except such expressly
granted or such might reasonably be implied 10 carry
out the powers expressly granedso anxious were they
that satisfied with relying upon principle that only
delegated power belonging Congress- they by the tenth
amendment to the constitution declared that the powers
not delegated by the constitution and not denied 10 the
States 10 be considered reserved To tho States
respec.ne'y or 70 tne people s.anuinR nere,cre az
government OF enumerated powers specially delegated;
standing upon the express provision that everything
not granted was To be considered remaining within
the States unless the constitution contained par
ticuar prohibition Of any power what doubt there
be that the States possessed the power declare who
might be their citizens before tho constitution adopt
ed, that power remains now applicable and exciu
sivo before the constitution was Adopted And
the bill therefore proposes change the whole theory OF
tho government. The President therefore, a. think,
Is right in aylng-and go farther than he doeshe Is
right In expressing doubt whether Congress has the
right or the power And airm with all Difference 10
tho better Judgment Of tho Senators who voted for
this bill and the honorable chairman Of
the Judiciary Committee, that In perfectly
clear that no such exists IL attempted TO be
exercised by the frat section. hold with Mr. Justice
Curtis land his opinion has been queHtioned that
citizenship Of the United StaoS upon birth
In state Is to depend upon the fact whether the con
citizen OF the State Now what IL the next sectonp
what IL the remaining provision OF the first secton' No.
satisfied with declaring assuming that they had the
power 10 declare that all persona subjects Of any
foreign power, born In the United States TO he
sidered hereafter citizens Of the Unod States and
having tho right Of such persons depend upon the
fact OF their being citizens the bill goes 10 provide
wha, -, right shall belong 70 them Now c,, what
ship, says tho honorable senator fMr TrumbulD
carries with it certain rights What rghtsg He
page 49, passage which he will pardon for saying
has nothing In the world To do with the particular ques
that every nation bound protect It's citizens
Why certainly IL ~ IL It has the power Tho govern
ment OF the United States has the authority and ia bound
To protect the rights OF every citizen Of the United
States invaded by any other nation. Why Because
the states have no jursdicton-extrnt territorial Be-
with reference To foreign nations the States
place at all That relation subssts and only sub.
sst between foreign nations and the general
n,ent and because that relation can only In that way
subsist is the duty Of the United States Is tho
duty OF overy nation TO protect It's citizens But
how In that mode IN prove that citizen Of the United
ernment Of the United stnes " ~ be considered cit-
OF any State' What these rights Tho bill
converts him into q citizen by virtue II hts birth which
have endcavorcd 10 show the senate could not be
done unless the constitution ~ the State where no s
born has made him citizen ~ that State and goes on
further and that such citizens that citizens bv
force Of this Congressional legislation Of and
color without regard IN previous condition Of slavery
&c., shall have the samo right In every state
and Territory 70 mako and enforce contracts,
TO sne, be parties and give evidence, 10
inherit purchase. sell, hold and convey real and per
sonal property and IN the full aud equal bcnont Of all
laws and proceedings for the security OF perons and
dent, there be anything that might be consldcred as
true In the constitution and laws that over every
one Of these rights, or 70 sIcak more correctly over
every Of the subjects 20 which these rights made
TO attach the jurisdiction Of tho States exclusive
The honorable gentleman from Illinois tMr; Trumbul
seems 10 forget think what " the real character ~
our government and our Institutions This BILL, In my
opinion, strikes at all the reserved rights 81 the
States You may look In the siRtnte books and am
the honorable member from Illinois will that
such " the fact You look In the statute books Of
the United states in vain for the purpose or nduR that
at any tms from 1859 up 10 the breaking out OF thif
rebellion body proposed In Congress by legs.
laion To regulate by securing or otherwise the RIGHTS
which referred u In this section After dwelling
further this section Mr. johnson passed N the pro-
visions Of the bill which define the punahment FOR the
enforcement OF distinctions account ~ color by State
judges aud others. IL would abolish all state laws lie
said And what IL the m which by this clause
Jurisdiction m vested in the courts of tho United 5taosY
In all cases. civil criminal affecting porsons Who
are denied their rights In state court. and
any such person against whom suit may b. brought for
any whatever may appeal u the United States
courts. ANY Of these agents cub. agensfor there
are hosts Of them provided for by the b-.ho may XIII
freedman who n cndoayorng % Protect what he
sders hts rights u not Ia he tried State conrt but
| in United States court Here the bill goe. upon the
theory that there n but one government Murder rob
| berry and many other offences, which no one ever
dreams Of trying In but state court. arc N he
transferred 10 tho United States courts The honornhc
member refers 10 the act OF 1890 which has
| nothing at all TO do with this The pun.
ishment provided for by that &C, related %
suits and offences against the foreign ministers
who accredited To tho government: and
oonce against them offence against the gov
| eminent That law based upon the principle
a. that on which we pros FOR tie punishment, Of
who utter false coins, &c II y incidental entirely u
part Of the As N nations and no, derived from any
whose fault u IN that eleven States not represented
bore. He certainly does not ask this IN an Of oap'1a
dan style no animadverted upon that IN referring 70
the President lie says their hands reokng with tho
blood OF their fathers What have they dopci They have
abolished slavery sone Of them hsys even gone lsrn'r
than the honorable gentleman hitsuf Aud 5a gh
Of them have fought In this fei Of battle they eau take
thai oath oonscsntously az The honorable member
myrclf Congressional legislation necessary, Is
said Well, they applied here IN The month Of Dcoem.
Der and 10 now April aud may be until July OF De
esmesr, a. rsn,9r has J can go mo The s.a,e
i dreds % just dsoyal any Va those State
that u, dislOya IN The modern acoepaiin % The term
short time ago was disioya To oppose the President
Il " dsoyal 10 Support MIN II s only loyal ~ up
\ hold Congrsnmen The Supreme Court has recognized
~, w.sts so.S ,ry,nS ,aso. ron .nsm y
| apprebended tina, mischief viii result N thew are
admitted here hl.sAlsf Of that .inT ga
that am aware o. that resrit Where n The occa
sion " this fret Does any suppose that The rRnu
OF the black safe In tbeee states a. ~
any 81 tho ~ al Ftaesf Go into Nj soun The STATE of
| my friend on my nigh, lsr H~nseTonh What 40 You
md therei That cannot prsy IN public Without
1 taking oath where minister taken out ~ ue
puipr Certainly hat Ia IN Invasion o, private ghA
ard invite my friend " draft HI 10 prncc' The ri
| zens N Missouri rom murder ana rvbberies Brltal
atroctc-and unheard ~ crimes constantly Oecgng
IN the oyri sintra OF Tie Fast hot nv friend f1t bpt
think necessary 70 nterppee the authority ~ Conrr
| there have bat word more. Mr. President my
| freud adyerfA Ia rather terms W uo
1 President The Prrpid~nt s'afee thai In his
opinion the bin u unconstitutional. aud, thinking -,
IL his duty intcrpuse his obectiOra II he had
not done he wogd have been fAlse 10 his plighted
faith A. b. any suspicion % di.ioysy against him, nlt
| whole political eourse disrrUvcs that In 1881 was
here, but member u the Senate, and heard hin,
standing in the midst OF those Who were plotng y