The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1866-04-13
, Speech of Senator TrUmbHU on the
TefC.


President of the United States i'll the re-
gret expressed that lie WAS unable 10 Si"il
the bill to protect all persons in the United
States in their civil rights. and secure tlie
means of their vinlicaton. | regret il on
my own account, because the just eNpecia-
tions raised when this bill WAS presented
to the President. before lis introduction
into the Senate, have been disappointed.
| regret it on the Presidents account. be-
cause it is calculated TO ALLEVIATE him from
those who elevated him 10 power. and
would gladly have rallied around his al
miniStration to sustain him in the princi-
piles upon which he was elected Bui
above all, sir, | regret it for libertv's sake.
to secure which TO ourselves and our pos
terlty, this government was founded Yet
if the bill is unconstitutional. or unjust Ia
the whole people, would not have had
the President approve it. That the prili-
clpleS are not unjust 10 the whole. or any
portion of the people, nor unconstitutional.
| shall endeavor To show bv Il candid and
dispas>ionate examination of the prcSi-
dents various objections.
He begins these objections with the
very first lines of the bill. which declare
that ''All persons born in the United
States and not subject 10 any torci IN pow
er. excluding Indians not taxed. are cit
liens of the United States
The bill originally introduced did not
contain this provision. 1t was believed
by myself and many Others that all native
born persons since the abolition oil slavery
were citizens of the United States. This
was the opinion of Mr. Bates. the .Attor-
ney General during Mr. Lincoln's admin
lstrltlon, the opinion adopted by hi :ld-
mlnlstration and acted upon since bv all
departments of the executive government.
including the Secretary of Stale. who has
Issued passports to persons OF color. rccog-
nlZIng them rs citizens. Ii WAS the ul,il-
ion expressed bv Mr. Marsh when >ccrc-
tary of State that all persons l.nrm in the
mted States We're citizens of the nii,.l
State>-not reterrin. of conr>,. 10 slaycS-
slavery III that time eNi>tim. IN the roun-
Try. The President does not object ia
tins declaration IN the hill IL ulicum>tIfm-
tlonal, and he 'io->. however. say ill:.,.
IL does not purpori {" declare "r confer
any other right ot citizenship than federal
citizenship 1t docs not iurpori 10 -ive
these Glasses OF persons ANY Status a. ell
liens OF States, except that which .i:,v H.
suit from their status a. cilil.n, "i' ,ile
| mted States. The power Ia confer lin.
right Of State citizenship i Jul a. cxclu-
Slvcy with the several States a. i!l,. bower
10 confer the right OF federal citizenship l.
with Con"re>> We all know that no
State has authority la make Il citizen ui
the nted States. The Constitution ni
the | nitcd States VESTS I'm Congress tn.
sole power "t maturlliztliun and il iiiav
make 4 citizen nt Il foreigner. hut i ii true
that when i person becomes a ciiiZ,n oi
the mtcd States he l. NOT also 4 ,-;;iz.n
{" every STATE where h. may happen Ia
be On This point will refer 10 u ,l,.-
cl>lon pronounced l,y the supreme Court
of the | nItci STATES. delivered hy Chi.i
Justice Marshal. the most eminent inii>;
who ever SAT upon an American h,.n,.!..
In the case ot Classics " BaI,.lla. r,..,ri,~l
III Sixth Peters. the Chief Justice. IN lie
lNcrlng the opinion "i the court. >lN-:
he defendant in error i ALLEGED IN tn
proceedings 10 he 4 citizen oi III. United
States. maturalizcd i'll Louisiana. rc>il;ng
there " This l. equivalent 10 an aver
mcnt that he i a citizen "a that STAT.
y citizen OF the niirl S,at,,. r.-i,lin. in
any State of the mon. i a citizen ii
that Stale. The President ncxt .rl!~ ~
that the ri -ht OF federal citizenship Ina,
Ia be- conferred on the several ,.y.,,....3
races before mentioned i how Tor ill.,. iir-,
time proposed TO hr "ivcn 10y law. This
Is not 4 misrepresentation OF til, law. hul a
mistake. in fact. IL will appear hy refer
encc 10 which shall c:,ll ihr attention g,
the Senate. and which viii >ho,v that ;I,,
Presidents facts arr IL bad a, h;> law.
Here Mr. Trumhull read cNirIr,> from
" hcat"n'> international Law. showing
that by various treaties. resolutions and
acts of Congress. Frrnc!mncn and Spau-
lard>. MeNican> and Indians nave al yari-
ou> times been made citizens OF tn nitcd
States. and anon" them some uf' the l,rr-
sons mentioned in the bill
And vet. said Mr. Trumbull the Pres
ldcnt tells u> thai The ri-li, of Federal ril-
izcn>hip Is how for tie first time PROPOSED
TO b" @iven by law "If''->,v- III.
Prcsident--''a as * claimed l.y r.iiI,v. All
persons who are native born already mn.
by virtue of the Constitution citizens of
the nlted States. the passage OF In,
pending bill cannot hc necessary tn mak,.
them such. That i true. But i ia,
President 10 learn now for the iir>i time
that rule. 10 be found in the Very horn
books OF the law, that an act ,i,r.I.ri,,.e
what the law i l. one of tn. most COM
mon of acts passed tx the legislative
bodies When there l. any question -
II what the Inv l.. ami i;,r .rc.,i.r ,.r-
taintv. II is the most common tIlin.e in ,b,.
world TO pass statute DECLARING it. Nv
opinion Is such WAS the opinion of thc
Attorney General: such was the opinion
OF the President ami the Secretary 81
state; such was the opinion of MIR. Lin
coins administration in all lis DEPART
ncnts; such believe 10 he the prevailing
opinion in the United States. that all M
tive born persons. not sub iect to forei.n
power. are. by virtue of their hcin.r so.
citizens of the | nit.I States g.. \.