The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-06
CIVIL RIGHTS BILL.
RejOinder Of Hon. Reverdy john
son TO the Speech OF Hon. &
Lyman TrumbuII.
DEFENSE OF THE PRESIDENTS VETO.

sldered- questions OF expedlency The objection
Without hs n approval relates as ss well to the eSge
onSity The purposes Of clothing the President with
the veto power were to guard mis- own department
against like influence and to guard the individual cd
In addition these objects one of the purposes of
ahe convention was 90 gusId against lnexpedient and
place in the Ongress 3 Of the Ceneaeraoy, aud to what
members Of the Convention Of 7S7 were satised thai
was Just as necessary for the pqblc veal TO protect
a Necessary as Is to protect 1t against uncOnsttu
has been heretofore denied by some and doubted by
others whether the President Is justified using the
STpsd SV e eSdDS meIbeps of the WSg
party at the head of which sood Mr. Clay, Hnen they
power by the then President q the United states Gene
raj Jackson The fact was called TO the attention 9i NJ
Madison, and he expressed bis opinion oil Il In letter
SR TR Sated ae a @ @Se 5 " T9ch Swsys marked his
Mr. Johnson here quoted from the letter referred to
The honorable ember from Illinois (dr TrumbuD
seems to suppose that he finds vad objections 10 the
in the fact that the Bin passed received the yoes
more than two-thlrds OF The members each House,
ilvered by the President when he was member Of this
duCed by what he read from that speech believe that
the President stated the principle 10 be that bill
esubjeced to the veto power Ii he had read the lat
ter part 9 the same sentence he would have found that
The sonndress OF the doctrine expressed in that
was a member Of this body merely said that the fact
that bill was passed by the maj ory rendered neces
why he should very cautiously apply the power for
JUDGMENT OF the senate it certainty was not the
mind Of M MT tSoa JSh1sSh a. me lime tha b M being
power
question viii ch put 10 him shows that, in the judgment
OF the Senate, the veto power properly exercised;
ana bill which, in that instance, had been passed by
than twothirds OF bo h Houses did not become
their votes under the influence of the Presidents veto
message: Now, Mr. President in order 70 find out
approve Of this pill Il becomes necessary TO ascertain
from illinois Ir. Trumbu insists upon It that there is
no section in it which ls not clearly constitutional. He
the gr ound first that It is merely declaratory of what
was law which Congress had right to make because
In his judgment Il Is IN the power OF Congress by law to
s s rae sm6er ~ ps To- case in
the puTp9,e OF showing that ttzen OF the United
. tates who has been naturalzed, and who resided 10
Of the Tns nfG
ar @ The beoTe s the SIT1 to
whether appeared upon the OF the pleading that
into that court Under The Constitution OF the United
Sas @n1 he act O T6i6 was % passed to carry
United states, where was made to depend upon the
sn5{ SRS sSns the
%hSe one s ase of e wa"
the Partcu ar case that the party plantl was citizen
The langusge of the declaration that he was a
naturalized ctzen of he United Staes residing the
State OF Louisiana and the Court came to the conclu-
that fe was Citizen o IN the an ABSENCE
& t Ito to me e B But that Is mot the 9Hes-
the naturalization laws the United States, and the
The that RG' Ss
to rsmSye G @ the disability arising from foreign birth
one of the States. When the declaration therefore,
moved % by the pary haTas become 5e
citizen under the natqralization laws the only other
was whether ne was ciizen of different state from
Court decided that the avermeut Of re sidence in
State Of one who was ayered to be citizen of the
Unied States was equivalent to averment that he
was citizen OF state. suppose nobody could well
have doubted it, or will now doubt the correctness of
This BILL in its first section, makes all who were born
living, citizens the United States and as suc citi-
reside, coniers them all rights belonging to
those who have heretofore been considered citizens Of
reside @ Sn3 SSw M TSoS are not TO be ito that
gress Of the United states in relation to citizenship
that to say IN relation to the power oI converting
20 be lound in the delegation to Congress power
there Is not single Word in he oonsitTtiSn which
gives 70 this department OF the Government any
sitiSen and What he eect Of the exercise Of that
w o tine the po% OI msS sS E ae Tar
The design of the power IS to remove disabilities
The operations Of the is to place the party whose
Of ~ aeS and Is s1% 6 yT
with anybody ese but whether he is to be considered
advantage the natural ization laws presents an enc
view which shall otherwise present in my own Ian
Spinion the DIed scott case not that oPnion pro
nOunced by the majority, which has been so often and
ment not only Of he mSogy Of the e CONT S W6S ssSe
TONED that opinion, but the very admirable lawyer
by whom the opinion pronounced but the oplnion
OF Mr ustlce Curtis IN which he differs of
the maOrtyan opinion marked by learning to as great
an extent as any opinion ever pronounced by Judge
question which that part of the opinion he was
sd 70 u9 b IN CoT, S o. tbS 1s United ma
6SSd %a9h S Sss supposed S5 10 ran IN h Veins by the
could not become citizen Of the United States, Mr.
States assumed that citizenship may be acquired by
nativity That wSs the common law-tbat is the law OF
the civilized world-that he who is born In country,
and not made asaye at the moment he is born by any
municipal regulations becomes by virtue OF MS birth
citizens but he By no meshs held that the consequence
of his being citizen OF the United States by virtue of
ss ss Ssh made him citizen Of any state Of the United
Let me read sentence or two from his opinion. 1t
win be found in the 10Th of Howard. That part of the
70 which eeT SG is o on Page S and Others
that the time of the adoption OF the Constitution Of
the United States there Were five sta es In which per-
lions States '4Sy By the convsntien @
several States 6y which that GOnstliatlSn itself was vas
sanctioned, he came TO this conclusion. He saws
My opinion is that under the Constitution of the
United states every person born on the sO Of State
or avs Is aso citizen q the Gned states" Now
marx tne ut not the nativity that I'M
added 70 the fact Of nativity the other fact that the
e M CITIZEN Of hat State sSd tba & or a%s aSSSs
ADDED birth and citizenship by the Ia aws Of the Stste he
II ReTe could be any doubt that az tPs HaeE
interpret t1at part Of the SpnoI N H. wNTS be speedily
w S s me S the % SSs9s S H. Sys the Eat
language :-"A natural born citizen" il thus assumes
that eltlzensh be acquired BY birth He then