, 1866-02-05
States cootefs upon Congress The right to provide
Uniform fulch Of Naturalization
MI. VAN Wt.SK1E- For the admission OF for
eiEnert.

e1Snefs, II Teto1lect the language
Etna III look into the ststutes be Will find thst It
has happened in the history Of the Government
more than one once TINT Cong b. general achss
a1 oi Ina. kind in Reference 10 the: stocsbzIdEe
Indians IN act Of That character maktng citizens Of
The United States Of TIE people Of Texas and the
Eoslsl iaHs % oi iii charac1a1; aad he autbority
under The Constitution Of the United States to de-
clare who stsl he dh1cns q the united states Is,
ns unde.F tnnd. vested in Congress and nowhere
else, Nj friend from Ma:fscbusetts mi. sumner)
has handed INC the constitutional clause On lhia
subject. nhich declares that Congress shall have
lion" 1o1hine is said about jore,enel<.
Mr. VAN NEE1Es perceived my mistake before
the gentlemen read tho clsusa.
Hi. TECNnuLL So Sir, take It that 1t is cpn-
potent for Congress to decl1re teae petsons to be
dt,7ens. They being now fsee and citizens 0! the
Cnttcd States, as citizens they ne cnut!ed, a.
hare undertaken to show, to the great fundamental
sigh. 70 protect them In The enjoyment OF them.
Now. ~. referring again to 1hat other clause Of
clal constructions Is II not 1nanites, ths. 1t was
competent for The Congress OF the United States 10
have patted Law thai would hare projected Hr.
sa1 who q, ,se Went ron u 70 Soa 10
he coul.sf i Would t not have oesn eompefeni,
under these decisions, for concrese to hare passed
aeltslsn aas 70 depttss Tin Of tois 1isht. aud 10
L necessary 10 call upon the Army and
m ' ,n ,h,s a light nf .ep1sssaa 'sas It a @eaa
Then, under the Constitutional amendment which
We have now adopted, and which declares that
slavery shall no longer cxt5t> and which authorizes
Congress BY appropriate LEGISLATION to carry this
provision into effect, bold that we hare right 10
pass any Law Whlch, IN our Judgment, ls deemed
appropriate. and which II u accompl'sh the sDd N
| S.ntcs. The ynrtous State lnWs TO which have
ttftIfed-and there are many oihers-allhongh they
do not make man an absolute Stare. Jet deprive
dlf1t nit to draN the precise line. to lay where rce
dom ceases and slavery begins, Int Law that does
not allow eolored person to 60 fiom one county
10 another Is cerlainJ law in derogation OF tho
| rights Of freeman A law that does not allow q
eoore5 person to hold property. does not allo him
!eafn. dos 20, az a9% ~ mr. 10 pceae9 ls csaniy
| being 20, may properly be declared void.
Without going elaboInielr into this question. as
upon which place this Sui. r. iii oniy nj add % On
this branch o! the sahicc: that the clause o! the
I Constitution under which We are called 10 net IN
my Judgment vcste Congress with The discretion OF
seleeinF thai appropriate legislation" which II is
| slavGry.
elective to accomplish the object, for tie drst rec
tton will amount 10 nothing more Than the declata
lion in tie Constitution 1teelf unless We have the
machinez! to cany 1t into etFect 4 lsw IL good for
nothing without penalty, ss7thon sanction to II.
and That IL to be found in the uther sections Ut the
bill: The second kection provides.
"1hat a1y pe1tou who under eolor ot any la.s,
ktatnte, osdfnance. regulation, OF custom, sha1l
subject or Cause 10 be subjected anr tnhahliant ol
| any state Of TerritotJ TO the deprivation OF ar,
sght secured Or protected BY this act Or TO Older
snch person ha'inc at any time been held in con.
utton Of slavery Or Involuntary sery1,ude, except
NJ prnlehmeat fur crime whereof the party shall
Of sace than ts prescribed foz tie punishment of
while pertons, shall be deemed eu1lty Of q niade-
meanor, and on conviction shall he pnnIsded by
tns rot F1ceedine = @ o0G Or 'mpstsonnsnt moi s.
| court
This IL the valuable section OF The bill 20 "a, as
protecting The rights Of freedmen Is concerned.
| ihat ,hey are entitled 10 be fire nc know Bcinc
entitled 10 10 ftee under the Constitution that we
have right to enact ench legislation will raaka
item fee We believe; and that can only be done By
punishine those who undertake to deny them theft
| f.eedom When 1t consn 10 he understood In ali
pnfts Of the United Statee that eny peEson who
Tsas DEPRIVE another Of any right fun5ect him to
any punshment IN eonseqnence Of bis color or sace
will expose himself to fine and imprisonment, !
think such ncts will eoon cease
think II Will only be nefes.a1y to 20 into the
late elayeholding Stafts and subject to tue and I'm.
ptt.onmeut one or two in a State, and the mos,
gFo1nine3t ones should hops at that, 10 break up
! thif whole business
The third section Of the bill provides fur giving
to the courts Of The limited States ju*dction oyes
all persons committing offences against the pruTf
hons Of this a. and also Qyez tbs ca.ea Of pcr-ons
toms. Il provides further that no person whose
equal civil ughs denied him in The st.te courts
shall be tr5ed By those courts for any offence. bu,
ttAt he thal have right to remove his cause int1
The cnuEte Of The United States. and be there tried
ifjt be for offence Against the lawr Of the United
offence which is not provided for By The laws oi the
| United States, then according 10 the common ia.
a. modified b The e1stntes aud constitution Of ths
are not incopssteul with the Constitution md lawz
| Of the tnued States
over in dctall. Most OF them are COPIED from The
late might've slave adop.cd 10 ls5d ioF the pur
again. The act that was pasFed At thai time for the
| purpose Of publishing pctr0ut who should aid ne
Croes TO escape 1otteedom is now to be applied b5
The provisions. Of this bill 10 the punishment q
those who shall undertake. 10 ktrp Them in slase1y
Surely We have the autnority to enact Aw ae e1ci
eDt In the interests Of freedom. now thai freedom
prevails throughout the country. aa We had in the
interest Of +!asrsy when 1t prevailed ii portion
Mi. CoxAx. ] should like to AK the honorable
Senator question here. have NOT had an oppor
tnity q siami1ioe h the b yery fully: bat ss 1nn
State law wus not in ecnn,ct aish the United state
snd 6c i,s1ss an1t IT. ht b.
would a.k il that naa been veil con.idesed; II i.
VI; IT, %oaa sGa sS Of e seef III He1
has mtrtaken the Law sud has executed some Il,
which I. conflict with United stases Laws. that
Urion. and hare It corrected IN that way!
III. TIcxDCIL- baheve thaf hill Is pe1dfn
on your table noT 10 allow wf!ts OF eE1nE IN rer1ai
criminal cases to be tAkeu 10 the Snrrcmc Court {
the United S,ates but. eir, The answer the Sem
tor from Pennsylvania is this: It requires unio
Of act and intention To commit crime. 4 ma
mutt intend to commit Il; and I'm honest Jude
I miteoncciyes the au, and makes mistake fn judi
mcnl WITHOUT any intention to disregard the lau
wonld my tnry in America convict himf aew
MT CowAS. Then viii aek If that does nc
come IN conflict with another principle Of law.
whether jndEe in criminal court can be beld n
tponslglf for The i1isstS of his Intentions as
Mi. TRuHBu11- That would involve many co.
side1at!one, and they viii be settled by the court
falth thai tie Judges OF The United s,aies cour
will 80 decide. The hfll provides that perr0ns wh
, fuhject otbeTe to punishn.nt IN consequence
M themselves te punished, md f6at Ills may Be dor
In the United Stntes courtF-
The various oshe1 proyistons Of this bill make
aa 81 sns Il 's iss uaed aas Bae: sea9
: officers and agents Of the F1eeamen's Bcreau. 4
dler4ct attoEae't md o.hers 10 be I.:... IL II
, enforcement Of the ACT They provide what t.;
b pss 1nS e,s he manner sns noi Of
) than wss provided br the old lawa for th. appr
heus!ou and punishment Of person VINO aided
} Stare 10 e<capc; and II iho.c laws were cons,it
/ 1
. | constitutional.
, The list section Of the bill provide. ..that
! | shall be lawtul for the President Of the Unte
purpose, 10 employ such part q he Iand Of nav
, iorees Of ihe United sfaics, Or or the militia,
thall tc necessary to prevent the s1oat!oa, and e!
ed. 1t this pill becomes lau, to ciothe the officer
charged with It's execution with all the power ncce
fasy make It effective This list clause Is fecdo
copied from EfGrute Of 1888 IN reference to anoths
| subject. That It If competent 10 confer such At
tate conc1er. shall have authority ito provide i
calling forth the militia to execute The lave Of Il
Union = and whenever the civil tribunals, in ii
ordinary eoprss 81 proceedings, arc unable to el
snee he army md nas5 and de whoie II pose1 @ I'll q L
ecnted and Observed. " sN~ ''''' '''S =" - =
With th,s bill parsed into Iaw and efficiently e,
| | .ccuted We shall hare secured freedom In fact M
equality IN clvl' rights 10 al persons in The Uns
: sfatcs. There viii BE no obectton to 'hls bin til,
nfa asss;'ea a' !: driving 70 sss feae.si C.
ernnent powers thai prnpcE1y belong I
s,ss1sd il ia noP @ obpo1oas e. tst eS}eei{on g
| will have operation III any State where the law
are equal. where all persons have tbs same cir
no operation IN the stac Of Kentucsy when b.
s,uve code and al her laus discriminating betwec
pcfYons on account Of rice OF color shau be abo
: Mr. McpouoA11. l beg leare to AK the Sci
ator how he inetprots the term " civil rights
| the hill.
N1r. Tnuxsc11- The t.st section Of the bl
defines wha1 i understand to be evil rights: 4
right to make md enforce contracts, TO sue and
> fued, and to Eve evidence. 10 inherit, pnzchas
+ | sell. Lease, hold, and convey real and pefson
r properly, and to fail and equal benefit ot a lav
: and proceedings for the security Of person AZ
I properly. There understand 70 BE- cssil I,eht
nee man, md which under The Cpn.i1tattt
, AZ II now eqtkts We have right to protect esal
: | mau in.
\ u. MepocoAt1- Allow ne 70 rs.aark That thas
upde1-taud that tn1a bill does not 20 further lhen
give protection 70 the eajoymeat q llfe ana loer
ine cosu1a, md 10 have Justice admtnlsessd TO Al
30 understand thai rs not deaigned 10 iuvol
| The question Of polsseal Iights!
. MI T1knBs1i- This bill has nothing to do ri
.hn polafal rights or ktains Of PARTIES. It IL co
and e1fluk1yely to their civil rights. snch rights
i | shnu,d nnpertaip 10 ey1y Tree man.
/ T;nrfno etated this much In regard to The 0o1e
ri the bi,I and IT'S main featuree, submit It 70 u
Sena;e. md shai not fusber occupy 1ts attention
lie prescnt time, and perhaps not at all unles.
| borjd ~ IN rp11Y tn eurweSftons which 1nAy