The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-05
CIVIL RIGHTS BILL.
WHYIT SHOULD BE PASSED
OVER THE VETO.
Speech Of the Hon. Lyman Trum-
bull, Senator from Illinois.

furnish
on my own account because of the disappoint-
ment, and because the Just expectations raised
when this bill was presented 70 the Presiaent,
disappointed; / regret 1t on the Presidents ac-
count because It is calculated to ALLEVIATE him from
those who elevated him TO power, and who have
gladly rallied around his administration TO sustain
him In the principles upon which he was elected;
but above all sir, regret it for hbertys sake, 70
secure which, to ourselves and posterity, this
government was founded. But IL the bill is un-
constitutional and 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 of the people, nor unconstituttonal shall
endeavor to show by candid and dispassionate
review and examination of the Presidents various
objections.
lines of the bill, which declare that all persons
born in the United States, and not subject to any
foreign Power except Indians not taxed, are de-
clared citizens of the United States. The bill as
originally introduced did not contain this pro-
vision. 1t was believed by myself and many
others that all native born persons since the aboi-
tion of slavery citizens of the United States.
This was the opinion-the official opnion-of Mr..
Bates, the Attorney General of Mr. Iincoln's ad-
ministration-the opinion adopted by his admin
istration, and acted upon since by all the depart
ments Of the executive government including the
Secretary of State, who has issued passports to
persons of color, recognizing them as citizens 1t
was the opinion expressed by Mr.. Marcy, when
Secretary of State, that all persons born in the
United States were citizens of the United States;
mot referring, of course, to slavessavery at that
time existing in the country.
The President does not object to this declaration
in the bill unconstitutional. He does, however,
say that it does not purport TO declare or confer
any other right of citizenship than Federal citizen
ship. 1t does not purport, he says, TO give these
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
declare the right of Federal citizenship is with
Congress. 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 naturaliza-
tion, and it may make citizen Of foreigner, but
State make a citizen of the United States of
n foreigner. But is IL true, sir, that when a
person becomes citizen of the United States, that
he is not also citizen OF the State, wherever he
may be residing On this point will refer TO
decision pronounced by the Supreme Court of the
United States, delivered by Chief Justice Mar
shall, the most eminent jurst who ever sat upon
the American bench, in the case of Gasse against
Ballow, reported in the sixth of Peters reports.
The Chief Justice, in delivering the opinion of the
Conrt says. .. ....
"The defendant in error is alleged in the pro-
ceedings to be citizen of the United States, natu
rallied in Louisiana, and residing therein. This
Is equivalent TO an averment that he is citizen of
that State. citizen of the United States residing
in any State of the Union is 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 that ever
sat upon the Bench in America.
(. Mr. johnson, of Maryland-Will the Senator
give me the page?
Mr.. Trumbull-Page 761. But, sir, unless this
authority is to be dsregarded, the President of the
United States is mistaken in his law. tits not
true that when man is made citizen of the
United States he is not citizen of every State.
The President next alleges that the right of Fede-
raj citizenship thus TO be conferred the several
excepted races before mentioned is now for the
first time proposed to be given by law. Now, sir,
this is a mistake, not of the law, but misappre-
nension OF fact; and It will appear, by references
TO which shall call the attention OF the Senate in
moment, that the Presidents facts are as bad as
his law. If the Senator from Maryland (Mr.
Johnson) wishes to take note of the authority he
viii find it in LAwrence's Wheaton, on interna-
y ~; 'd law and various statutes Of the United
t. Sot, read from page S01
States
Of ccece We n by the Of terri
tories the sos In u the see oe5sOn Of Eous
anal ad L ST Is @ EsG that The HsSsd
terrt9ries t9 be iscorpor. soss bie, according
SS SSPttfa Of Ee r dT to 4
sti spsS to
be found IN the sixth ertcle OF the treaty VIII tice
q the Treaty Of islS With h Mexico; also By the
a 9 Feas under resolution 9i congress OF f
B Win ~ the s1aaissIpsa other States" ties" ~
Ooective SAYS SSd sne cSss Of per
sons natives Of the country otherwise who, with
S pg St Sn the tie RsFf ed
suppose that aliens as opposed to Gisziens ,S
Of Se UREted states but they are not there
T 6y bs made s
By some competent act Of the general government by
na 'S p.S of
Of the United staessome Of the very classes OF
@ ms P de4s pS yis tas
YES sneh thing e. EsdSTs czS1shS tsS as So3 ms
an 4 Il f. ss i hd t%s e SH
Sye by virtue Of the Consultation, oitize9s of the
10 hs SssS Dill
But sir is the President to learn now for the first
%S sW that an act III tRs
istive bodiesY When there is no question to what
the law is tor its greater certainty ~ Is dne most
the attorney GeherSi aud Of the present Secretary
state; such was the opinion of Mr.: Lincons edmins-
fssSn e tho npr6vsne 1S all e opnoR IN the United
SS born o eT birth SsS S C
States. But some disputed this Hence, Tor greater
%sSe an objection to the passage of the law, and
reason given by the President why he cannot appro''
ii, that is declaratory act
''But If such is not the Law, Says the President den
he grsEs aqSSs1n sses re arse
Congress at the present time it sound policy tomek
orr entire eoOIed nftsS ates This is t4
standing objection not urged against all bills for tn
President tells us in this message that ne has sgne
Why is Il made an objection to this bS The PTesi
dent states no SesSt sssHoS e. that he Sp
pcabie alike to ali bills but there is anything In 1
S SrR the g. W
Isl that eleven States are not representeai Whos
stSod By the Union and 6OSstitution, are TO be a.
Pf a seT ef e sssss states the
urged by the S @ fSe @ c SS S sdmS state
having rebeed against the government is to take froI
the government the right to legslse, why, sir the
Innocent are to be punished for the guilty
Within few days the President has Issued Procls
tSss SssRi the tGss
ssSsss
In condition 20 Dc %u We St not wS hS 70