Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1866-04-13

Ny HoAC19 C40 tLAo tApA 9--N| ~ Atfa .
is 70 be found in a speech delivered in this
body by Senator occupying a seat across
the chamber by my friend from Oregon,
(Wilhams) less than six years age, IN re-
ply to veto message sentto this body by
Mr.. Buchanan, then President of the Un-
tied States, returning with his objections
what was known as the Homestead Bill.
On that occasion the Senator to whom 1
have alluded said: ''The idea about poor
foreigners, some how or other, appears to
haunt the imagination of great many
l am constrained to say" said the Sena-
tor alluded to, shat l look upon this OBJ
lection to the bill as amere quibble on the
part of the President, and as if he was
hard pressed for some excuse for with
holding his approval of the measure
His allusion to the foreigners in this coD-
necsion, looks to me more ike I'D captain
dum of the mere politician or demagogue.
than grave and sound measure to be
offered by the President of the United
States in veto message upon so impOr-
tant measure as the Homestead bill"
Mr. Sumner-Who was the Senatora
Mr.. Trumbull-that is the language of
Senator Andrew johnson. Great laugh
ter. 1t is perhaps the best answer though
l should hardly have ventured to use such
harsh language in reference to the Presi-
dent of the United States, as to accuse him
of quibbling and demagoguing, and play
ing the mere politician in sending q veto
message to the Congress of the United
States. a5
The President also makes some other
illusions in this bill, of the same charac-
ter He speaks of the improperly of
marriages between whites and blacks,
and then goes on to say: 81 don't say that
this bill repeals the State laws on the
subject of marriage" Well, then, for
what purpose is it introduced in this con.
nectiona Not, surely, as an ad eaptandsps
argument to excite prejudices, or as to the
argument of demogogue and politician
The President further says: '.If it be
granted that Congress can repeal all State
laws discriminating between whites and
blacks on the subject covered by this bill,
why, it may be asked, may not Congress
repeal, in the same way, all State laws
discriminating between the two races on
the subject of suffrage and office. If con-
gress can declare by law who shall hold
lands, who shall testify, who shall have
capacity to make a contract in State,
then Congress can also, by law, declare
who without regard to race or color, shall
have the right to sitas juror or Judge,
to hold any Office, and finally to vote in
every State and Territory in the United
States" Perhaps the best answer, Mr..
President, could give to this would be
the answer of Andrew johnson himself
He undertook to recognize State Gov
ernments in disloyal States. When he
did so, to whom did he extend the rights
of suffrage: 10 the blacks No, sir, but
he extended the suffrage to those entitled
to it before the rebellion. When urged to
allow loyal blacks to vote, what was his
answer? That he had no power; that it
was unconstitutional; but that he had
power; thta it was unconstitutional; but
that he had power to protect them in their
civil rights. Then, if it be true that the
protection of civil rights carries with it
the right of suffrage, what becomes of
the position he assumed when he extend
ed civil rights to the negroes all through
the South, as shall presently show, by
orders issued by his authority, and yet re-
fused to give them the right of suffrage
on the ground that he had no constitu-
tional power to do it; that it was right
vested in the States, with which he could
not interfere. -1 10 -ot7l.
But sir, the grant of the civil rights
does not, and it never did in this country,
carry with it political rights, or more pro-
perly, political privileges. The right to
vote and hold office. in the States depends
upon the Legislatures of the various
States, The right to hold office under the
Federal Government depends upon the
Constitution of the United States. The
President must be natural born eitixen.--
A Senator or Representative must have
been citizen of the United States for
certain number of years before lie can be
elected member of either this or the
other House of Congress, so that the fact
of being citizen does not qualify per-
son for holding Office necessarily; nor does
it necessarily authorize him vote. Wo-
men are citizens, children are citizens, but
they do not exercise the elective franchise
by virtue of their citizenship. To be a
citizen of the United States carries with it
the same rights. What are theyG Why,
sir, they are those inherited and funda-
mental rights which belong TO every citi-
zen and freeman in all countries; such as
the rights contained in this bill, and they
belong to citizens in all the States of the
Union. The right of American citizen
ship means something. 1t does not mean,
in case Of a foreigner that when he is
naturalized, he is to be left to the mercy
of State Legislation. He has a right,
when duly naturalized, to go in any State
of the United States, and submitting to
its laws, reside there; and the United
States Government would protect him in
this right; it would protect a citizen of
the United States not only in all the
States of the Union, but it viii protect
him in foreign lands. In the language of
Mr.. Marcy, when Secretary of State, ga
citizen in foreign country is entitled to
the same protection that is extended by
the Government to its own citizens. p
Blackstone, in his definition of civil hber-
ty, says it is no other than natural liberty,
so far restrained by human law, but no
farther, as is necessary and expedient for
the general advantage of the public. g In
this definition of civil liberty it ought to be
understood, or rather expressed, that the
restraint introduced by the law be equal TO
all, or SO much so as the nature of the law
will admit. Equality of rights is the ba-
sis of the commonwealth, as is laid down
by Kent; and Kent himself, in speaking
of these rights says the natural rights Of
individuals may be said to include in the
right of personal security, the right of
aorSonal Hhartv and the riOhf tn aecuira