Delaware State journal and statesman., 1866-04-17
CIVIL RIGHTS BILL.
WHY 1T SHOULD BE PASSED OVER
THE VETO.
Speech of the Hon. Lyman Trum-
bull, Senator from Illinois.

Mr. President, fully share with the President OF the
United states in the regret expressed that he Is unable 10
sign the bill to protect all persons In the United States
in their civil rights and 10 furnish the OF their
regret II on my account because Of
the Disappointment aud because the just expectation
raised when this bin was presented to the President
before its 9duclon into the Senate have been el-
apponted regret 1t the Presidents account because
II is calculated TO aenats him from those who elevated
him 70 power, and who have gladly rallied around bis
administration T., sustain him in the principles upon
which he electei but above all, SIR regret It for
lhertys sake, - secure which, to ourselves and onr
postery, this government was founded But II the bill
Is unconstitutional ami unjust to the whole people
would not have had tho President sign IT, That its pre-
visions not unjust the whole any portion OF the
people, unconstitutional shall endeavor TO show BY
candid dispassionate review and examination OF the
Presidents various objections.
lie begins these objections with the very nrst 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, declared citizens of the
United States The bill originally introduced did not
contain this provision. II was believed by myself and
many others that all native born persons since the abol-
lion Of slavery citizens Of the United states This
was the Opinlonthe official opinionof MIR. hates the
opinion adopted by his administration, and acted upon
since by all the departments Of the executive government
including the Secretary Of State who issued passports
the opinion expressed by Mr. Msrcy, when Secretary OF
State, that all persons born in the United States were
slaves-slavery at that time existing in the country.
The President not object to this declaration in the
bill unconstitutional lie does however, say that "
does not purpOrt p declare or coaer any other rght
citizenship than Federal citizenship 1t does notpurport
he says give these classes o. persons any sat9s H.
status citizens of the United States The power, he
adds to confer the right Of State citizenship lust as
exclusively with the several States the power TO declare
the right Of Federal citizenship is with Congress- now
sir pl know hpt State has the authority to make
n citizen of the United s. tes The Constitution of the
United States with Congress the sole power OF nau
aization, and 1t may make citizen OF ioreigner nut
no state can make citizen the United States Of
foner But is IL true sir that when person becomes
citizen OF the United States that he ia not also citizen
Of the State wherever he may be residing % this point
.T,r
Court of the Unid staes delivered by Chief Justice
Marshall the eminent j list who ever sat upon the
reported in the sixth OF Peters repoi The Justice,
in delivering the opinion Of the Court says.
Ihe defendant in error Is LEGGED in the proceedings TO
be citizen ofthe Unit d STAT in Louisiana,
aud residing therein tbs is eqrvalent to an avermeni
that he is city of that State citizen OF the United
states residing any SITE Of the Union is citizen Of
that stat, Tnis was the only point in the case" This
il the opinion of the highest tribunal Ia the country
by the most err nent man tfat ever SAT upon
the Bench in America -
the pagei n..,s, p.. i. ,,,,os, ,,,s au,hor,tv
is to be daregardel the President Of the United STAT Is
mistaken in his law. II Is not true that when man ~
made citizen Of the Unit 3d States he Is not ci1en OF
every St te The President next alleges that me right OF
Federal citizenship thus to be conferred on the sever
excepted races before mentioned Is now for the sl Time
proposed to be given by law. Now, s s is mistake,
not the law but misapprehensiou OF taoi and II Will
appear by references to which sfl CO the attention
Of the Senate in moment that the Presidents iacts are
as bad his law If the Senator from Maryland INT
Iohnson) wishes TO take note of the authority he WIZ
and It in Lawrencss Wheaton, International law AID
various statutes of the United States. read from page
q t., A., ,,.,,,a, s,..., s.vorst o,.ss ot
collective naturalization by the annexation OF territories
BY third article Of the first convention OF April 5O
1900 with France the esson of Louisiana, IL is pro
yided that the Inhabitants Of the csded territories to be
Incorporated into the Unit States should be admitted
as possible, according to the principle OF the
Federal Constitution, to the enjoyment OF the rights
privileges and immunities Of the United States pro
vision to the effect is to be found in the sixth article
OF the treaty with spain for the purchase of Florida and
by the eighth article Of the treaty Of is4s with Mexico
also by the annexation Of Texas under resolution o
Congress March, 1916 in its admission into the Union
on an equal footing with the other States"
collective naturalization" says the authority frem
Which quote may also take place. Of class o. persons
natives the country or otherwise, who, without any
the part of the Individuals, may be made
In the United stRtes 1t is incorrect to suppose thai
aliens, opposed TO citizens, implies Foreigners Al
respects the country Indians the subjects of the
United States but they not therefore citizens, mol
can they beome citizens uzder the naturalization laws
but they may be made citizens by competent act
the general government, by treaty or otherwise"
ny tnese & VARIOUS & aus
Mexeans and Indians have all been made citizens OF h
United stAessome of the very classes Of persons spokel
of in this bills and yet the President tells that thi
right Of FEDERAL citizenship las If there was such thin
as Federal citizenship contradisnguished from Stat
citizenship tells that it is now for the FIRST tim
prop sci 10 be governed by law % says the President
"as Is claimed by many persons, those who are nauv
horn al ga 4y are by virtue of the Constitution, citizen
| OF the United states, the passage Of the pendiug BIZ
! clnuut lie necessary TO make them meh."
nut ST. Is the President to learn for the first tim
that that principle is to he found In the very homabook
of the law that act declaring what law is Is
the most common acts passed by Legislative bodies
When there question to what the law s for II
greater certainty ii is the NEST common thing 10 tn
world to pass statute de e.arng Its object My opnio
isand such was the opinion Of the Attorney Genera
and nf the present Secretary of State; such was tn
Jpnlon Of Mr.. Lncons administration in all its depar
iont and such believe TO be the prevailing opinion
the United states--that all native born persons, nc
subject foreign Powers, are by virtue of their brit
citizens of the United States. But some disputed thi
ii nee for greater certainty 1t is proposed to pass tn
aw III is now made an objection TO the passage of II
law, ar reason given by the President why he eannt
| approve 1t, that It is a declRratory act.
But If such is not the law says the President, nh
ersyo question presents itself whether when eleven Of IL
thrtysix Stats are unrepresented In Congress, at Il
prs6nt tune it is sound policy to make entire coort
aon and all other excepted classes citizens Of
United icsn This Is the standing objection not urg,
against all bills for the President tells In this
ihat he has signed forty bills that have been
gvnied to him. Why is Il made obi elton to this bill
Tbe PRESIDENT sittes no objection applicable to Ii
sricnlar hill 1t is general objection that he make
applicable alike ell bsi but il there is anything
il no bin pass the Congress Of the United States uni
tbee sYt IS ar5 represent 4. Well, air, whose fault Is
that eleven stai not represented1 Whose fault
ii that twenty loyal States, which have stood by
UPTON and Constitution, to be deprived Of their rig
10 legisaiel Sir, It Is not the fault Of the twentyn
oyal states, and n the reason urged by the President
gnod one now, II has been good one all the time.
t fact Of some Stat having rebelled against the e
ernmt is to tate from the government the right to
iate, why sir, then the criminal Is TO take advantage
his crime, and the innocent are ~ be punished for
within few days the President has issued proc
nation not ofpeace as the Senator from Nevada, u
SiewarO s. en- to suppose, by means not proclaim
ou that the rebellion is over but that in certain sa
itis over The President does not tell US that Texas
offbe states that were 10 rebellion is il condition
represented here. Sir, ii We had to wait for the elev
States, must not wait for Iexasf The same prineil
wOud require ~ wit for Texas, and she has not
Teorauiged her Stz9 government and these States viii
have reorganzed have not yet been recognised as hav
republican form Of government entitllng them to
rseeptaton The REPRESENTATIVES they have chosen fr
most Of those States that have undertaken to reorgan
were persons fresh from the rebel Congress and from
rnlsl ARMIES; men who corll not be admitted here,
not take the requisite oath entlte them to their
And al to wait and atsain from all legislation o
General cbrracerl Are the loyal people Of this count
"a lo compelled to wait for necessary egslAton uT
these States shall be admitted to representation he
whom they refuse to send men here except those VIII
hands sro dropping with the blood Of loyal men, Are
Wee President The rebel cnfederacy and his coslg
o m Senators IN the rebel Congress- t1 come here
erisats for the loyal p, ople Of this countryf Are
e men who organized the government that carried on 4
80 ,gsr III the re. ult or which this nation has had
" snsnd more than four thousand millions Of dollars,
Al consequence of which more than quarter o
million OF inen, patriotic heroes nave laid down ii
ihese men here to legslate for the loyal peo
Of this country ,.---, 4, III, -,
e orranil iiins. All members Of this body only
elected hy State Legislatures. Members Of the OF
Tones nj only be elected in pursuance Of State Ia
w ei ea as preliminary TO any representation in cit
Hnu's ti Congress 1t must be determined whether 4
Go sa sstl government; whether there Is State Legi
srti,fiiy to provide laws under which iepresentat
ri NAV be elected There was time, certainly when Il
t. no such legislatures In any of these eleven sta
III, re- was a time when the only kind Of government
anv of Iem was hostile to the United stAtes when
,smbe Ia it had ahjured his allegiance te the Un
States aud sworn allegiance to government hosti
- this Will any body pretend that while State gov
t vas in these luds il entitled to representa-
in either House Of oongress' lfnot shall not ing
wheer Il has got out Of these hands into the hand
sr. ihis proposition that bill is to be passed bee
certain stat,s are unr presented, when Il Is their
fault Inst they unrepressnted, would be uitirl I,
sfrnetive Of the government But then, the Pres
tails us that the bill In effect proposes to dscrmi
=, aeainst large number a intelligent, worthy,
Obs trne forai ners and in favor the negro, Now,
Il tbat true? What is the bili Why, 1t declares
NV there N III be distinction In civil rights between
'rK har rice or color and the white 1t declares