New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-04-11
Congressional,
SENATE PRooEEDnses- ON THE CIVIL

u a.4 j
WASHINGTON, April 5.-Mr Edmunds, the Sen
ator appointed from Vermont to fill the vacancy
caused by Mr.. Foots death, was sworn IN.
GoLoRED SOLDIERS TO REGRlyE BOUNTY
The following joint resolution, for bounties 70
colored soldiers, was passed =" That the OMISSION
on the muster rolls of the words free on " ue,
fore April 10, 1851, shall not deprive any c9iore9
which is now or may hereafter be withheld by
reason of such omission; provided that notning
therein shall be so construed as to enttle soldiers
who were not free at the date herein specined TO
receive bounty
% THE CIVIL RIGHTS BILL.
At O'Clock the message OF President johnson,
yeteing the civil rights bill, was taken up.
Mr.. johnson, combated the remarks of Mr.. Trunl-
hull that the President had no power to veto bill
nassed by a two-third majority of both houses,
also his use of the case passed upon by Chief Jus
tice Marshall, alleging that the decision was map
plicable to the argument. He said there was not
/ word il the Constitution giving power to any de-
partnent of the government to declare who shall
Be citizens. Mr.. johnson then cited from the de-
cisions iu the bred Scott case, to show that, il
consequence Of the blood that was supposed te
run in his blood, his descent was from African an
cestors, and, his having come to the United States
q slave, he could not become q citizen of the
United States. Mr.. Justice Curtis held that the
Constitution of the United States assumed tina
citizenship might be acquired by nativity, that i
WAS tue GOIllHUu ldh, tuut ~ WIS LlC law OI. Llt
civilized world, that he who was born in country
and not made q slave the moment he was born b,
any municipal regulation, become by virtue of hi
birth citizen, but he by no means held that til,
consequence of his being o citizen Of the Unitet
States by virtue of his birth, made him citizen o
any State of the United States. W 5A
Judge Curtis said: My opinion is, that unde
the Constitution Of the United States, every free
person born on the soil of q free State, who is
citizen Of that State by force of its Constitution
h i, n, n;t,ua r,f mfr Gfuta
johnson discussed at length the grounds of tht
decision that the Constitution has not empowered
Congress to create privileged classes within til,
State, who alone shall have the privilege of citi
zenship. He commended that the right of deter
mining who were and should be citizens was among
the powers reserved for the States. This section
processes to be passedin the exercise of positive
and absolute power to change laws, not to declars
what the law was. The power to make law i
assumes or otherwise there would be no occasion
for it. That birth alone does not confer citizenship
and assuming that no citizenship could exist il
consequence of birth alone, it declares that birth
il spite Of State Constitutions and State laws
shall confer citizenship. H. N. 4.
Now, with all Difference to the opinion Of til,
honorable chairman of the committee of the judi
ciarv, Mr. Trumbull, it seems to me to be inappro
| pirate clearly erroneous. The bill proposed tt
change. the whole theory of thegoyernment. Thu
provisions of the bill granting to such persons thu
4 rights of citizens was intolerable, and Judgt
Trumbnll's citation Of Kent was simply that ever,
nation is bound toprotectits citizens. He thei
addressed himself to the section of the bill defn
/ ing the punishment of State Judges. He says til,
4 bill goes upon the theory that there is but ont
| government. Murder and robbery, and man.
other ofenses which no one ever dreams of trying
in any but State court, are to be transferred tt
the United States courts. My honorable frient
asks whose fault is it that eleven States are no
| represented here. He certainly does not ask thi
| in an ad capt1nddns style, as he anmadYertet
l. that IN In the President Hn "
| their hands are reeking with the blood of thei
| fathers. What have they done? a
| They have abolished slavery; SEINE of then
| have even gone farther than the honorable mem
Der himself, and, though some of them hay
| fought on the field Of battle, they can take tina
oath as conscientiously as the honorable membe
| Or myself. Congressional legislation is necessary
| it is said. Well, they applied here in the mont
| Of December, and It's now April 1t may be nn
| til June Or until December, as rumor has it. ca
| 60 into the State of the honorable member him
self, and find hundreds of men just as disloyal a
any in those States that is, dsloyal in the moder
| occupation of the term. a short time ago it wa
disoyal to oppose the President, now lis dsloya
| to support him. 1t is only loyal to uphold Cor
| gress.- The Supreme Court has recognized thes
| States as being in the Union, and has for week
been trying cases from them. 1t is apprehende
that mischief will result if they are admitted here
Here is the mischief of that kind of party charae
ter. That is the only mischief that am awar
of that it canETesult in. r
Mr.. President, my friend adverts in rather sever
terms to the President. The President stated tina
Id his opinion the bill is unconstitutional and
thinking SO, it was his duty to interpose his obec
tons. If he had not done SO he would have beef
false to his plighted faith. As to any suspicion o
disloyalty against him, whose whole politica
course disapproves that, in 1861 was here, bu
standing in the midst of those who were plotting
to destroy the Union, fire words that burned an,
denounce their attempts at rebellion.
Mr.. Nye-Will the Senator allow me to ask hin
a question. H. s5Ess Nl53(i
Mr.. Johnson--Certainly 5aE .4 fs
= Mr.. Nye--Did he not at the same time admit til
right of secession? asi .ssl'.a-ilft e - .st 5at
Mr.. johnson Certainly not; quite the reverse
The most prominent public man who advocated
was the late lamented President Lincoln, in
speech in 1S47. 5gBsl0E E9iyf
] Mr.. Yates said that under the slavery amend
Inent, he entertained the opinion that freedmen
were entitled to the same rights and privileges a
any other citizen of the United States. TIL
authorities quoted by the Senator from Maryland
were only held before the adoption of the SLAYER
amendment. The Senator from Maryland ha
offered an amendment to the freedmen's burea
bill, which recognizes his (Mr. Yate's) position a
the current one.
rnent could be made. He proposes to say few
words. This bill was a yeatufesonae one, but i
could not effect all the purposes which its friend
desired. The right conferred blythe first section
of the bill are without reservation or restriction
II does not confer them absolutely. If this wa
intended asa remedy for the wrongs of the eman
cipated African, it was no remedy at all, and tt
hold it up to the world as such was deluson, ant
more, they were to go in the State courts and
if they do not get justice, they were to go to thu
district courts. 49,. $40 :a.14 Il fse
I have no other word for this bill than atrocity
1t is, and SO it will be, stigmatized and handed
downto the last generation. As to the power tt
pass the bill, nothing that has been said is worthy
Of the least attention from any man, as there
was certainly nothing in the old constitution tc
warrant it,. II was claimed that the power came
from the amendment abolishing slavery, and yet
under it, we assume to legislate for all the free
negroes and mulattoes. Therew nearly 500 ,00t
free negroes at the time the amendment abolishing
slavery was passed, and it was attempted tolegis
late for this immense number Of people. This o.
itself must be sufficient objection to the consti
of the measure, if therewere no others
Mr.. President, have another objection to this
bill, 1t establishes the office of public prosecu
tors, who are to be appointed by the President
and paid out Of the peoples money, for acting az
spies against them. What is the character of this
officer?
After some further discussion Mr.. Hendricks
moved to adjourn.
/ mir. Wade demanded the yeas and nays on the
motion. The call was sustained. tM
I The Senate adjourned.
rHg HOUSE PRoCEEDINGs-THE DEFICIENCY BILL
Mr.. Stevens made a report from the Conference
Committee on the deficiency BILL which wa.
agreed to. The only matter of public interest ii
is that in reference to the engraving of the face
Of the superintendent of currency printing on the
five cent currency notes, which was agreed upon
Mr.. Thayer, OF Pennsylvania, asked whether
that prOvis0 was agreed upon, SO as to avoid the
expense of having new plates engraved.
MIR. Stevens replied that, il there were to be bu