The evening Argus., 1866-04-14
Reyerdy johnson and Citizenship.

Reyerdy johnson and Citizenship.
.aThss was the opinion Of . disssntlhg |
Judge" said Senator Trumbull, in the senate |
q Warrington on Thursday last, whsn Rev
by Judee Curtis. in the Dred Scott case, to
chow Who were citizens Of the United States
and Of the states respectively. Mr.. r.Trumbull
was rirht. 1t was the opinion of . dissent
ing Judge. but il was also the opinion Of q
iudse who was warmly commended by the
entire republican party for his learned and
able review of the law in the case. Upon the
points cited by Mr.. johnson there was no
difference of opinion in the court. Mf.Trum-
bull, therefore, in affecting to treat the auth
ority of Judge Curtis as of little moment, is
inconsistent with his former Endorsements of
that authority, and disingenuous in asserting
il to be dissenting opinion upon the points
raised by Mr., johnson in the debate of Thurs
dav on the question of citizenship, and on
which he sought support from Judge Curtis.
The latter said:
sAmonp the powers expressly granted to congress
is the power to prescribe 4 uniform rule OF natar
alization. 1t is not doubted that this 10 power
To prescrbe a rule for the removal OF disabilities
consequent upon foreign oirth. appears then'
that the only power granted to congress to legs-
late concerning citizenship, 10 confined to the re-
moval OF its disabilities OF foreign birth''
Be it remem bered that upon this point he
did not differ from q majority of the court,
nor did he differ from the majority OF the
court upou the point that "citizenship of the
United States consequent upon birth In .
| state is to depend upon the fact whether the
constitution and laws of the state make the
party so born a citizen of the state" in re-
gard to this Mr.. johnson said the opinion Of
= .Lo. h>nn a1 -
We have, then, the unanimous opinion OF
the supreme court upon these two points. 1t
follows. inevitably, that there are but two
| methods by which q person may become a
citizen of the United States. One is through
the operation OF naturalization laws, and the
| other through the operation Of state laws
| at is not" says Judge Curtis, ''tke nativity
that imparts the character of citizen or alien
there must be added to the fact of nativity
the other fact that at the time of his birth he
ia. by the constitution or laws OF the state, a
| citizen of that state"
By the constitution and laws of Massaohu-
setts a negro is 8 citizen of that state. Ac-
cording to the opinion of Judge Curtis, he is
also citizen of the United States. IL this
he differed from Judge fancy and the MAJ or
| ity of the court, but the same premises and
| process of reasoning which led him to this con
| ciusion led him also to declare a negro born
| In slave state was not . citizen OF that state
! nor of the United States. In this be WAS In
accord with Judge Taney and majority of
the court. Will the republican party, which
made the opinion of Judge Curtis, when 1t
was delivered and up to the time OF the as
sumption by congress Of the right to inter
| fere in the domestic affairs of the states, the
| basis tor their assaults upon the supreme
| court for it's decision in the Dred Scott case,
now repudiats Judge Curtis as authority. and
speak contemptuously OF his argument as
the opinion of a dissenting judge"P Will
Mr.. Trumbu accept the opinion of q N jori-
| ty of the court in that case?
| The act of emancipation-assumi that
the position of Judge Curtis, which Senator
johnson says "has never been questioned lis
correct-did not confer citizenship upon Il
sins ls negro. Emancipation did not add to
the fact of nativity the other fact that at the
tisra nf shaw hirfhs" the nass-S-- -S che snnt n
wers "by the constitution and laws Of the
southern states citizens of those states -
There exists no power in congress, by any
device OF legislation whatsoever, to confer Cit
izenshlp upon them. Judge Curtis says m st
1.-The only power granted to congress TO legis-
late concerning citizenship is confined to the
removal of disabilities of foreign birth"
Senator johnson. in logic which is without
flaw, and with the coolness and dignity be-
coming u scudbOE, YER SEcCkuhIly ulepOtet Oh
the assumption upon which MIR. Trumbull
rested his defence of the civil rights BILL viz !:
THAT birth on the soil of country both
creates the duties and confers the rights of
citizenship" Aside from the points we have
referred to, he shows, with admirable clear
ness, that the privilege of determining who
should be citizens was never surrendered by
the states, and that the power "to prescribe
uniform rule of naturalization" was only
granted because sit related to a common OBJ
ject for which the constitution itself wss
adopted. and in ,chich foreign nations are con-
cerned."
1t is prbable that this whole question will,
before long be q again brought before the su-
preme court. and as the civil rights bill has
passed, the discussion Of it at this time may
be deemed both late and premature. We
cannot Judge so. inasmuch as the negro legis-
lation of congress all rests upon the alleged
citizenship of the freedmen. There may
have been made in congress within the past
ten years many more brilliant speeches-if
long words, muddy ideas, and sickly senti-
rnent constitute brillisney-but there has
be en- none within that time which in a more
mastery manner reduced from strength to
nothingpess such an ingenious and able ar
gument as was made nv Mr. Trumbull in his
lsst speech in defence of the civil rights bill.
- Chicago Times.
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