The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-04-17
Are the Freedmen Citizens

red the rights OF citizens oi tue Oniteu ouo'@'
upon the freedmen. Mr.. johnson did not
maintain that doctrine after the bill had been
vetoed. It was a sufficient answer to his la
bored defence of the Presidents message, to
show that previously he had agreed with the
majority of the Senate. We quote from the
Congressional Globe:
Mr.. TRUMBULL. am not quite sure that
/ understood correctly the positions assumed
by the Senator from Maryland in the OPEN
ing part of his speech. l was somewhat in
terrupted at the time, but if understood him
correctly he laid down the position that now,
since the abolition of slavery, and when there
are none out tree persons in the United States
they are not all by virtue of their birth citi-
zens of the United States l understand him
to assume the position that even now, since
the abolition of slavery, it does not follow that
persons born in the United States, and born
Tree, are citizens. Did understand the SEN
ator correctly?
Mr.. JOHNSON. Yes, sir, 1 maintain the
doctrine of Judge Curtis. n+
Mr.. TRUNiBULL. Well, Mr.. President, the
opinion OF Judge Curtis, from which the oeha-
tor read, was the opinion of dissenting Judge,
entitled to very great credit on account OF the
learning and ability of that judge, but 1t was
not the opinion of the court, and an examina-
lengthy, would perhaps not sustain the precise
principles the Senator from Maryland laid
down. But, sir, l have another authority
which think of equal weight with that of
Judge Curtis not pronounced in judicial
tribunal it is true, but by one of the most en-
inent members of the bar in this nation;
may say by gentleman who stands at the
head OF the bar in America at this time, an
opinion pronounced, too, in the exercise OF Of
nIlflaS rd 4 70 farrr BAN
fences from that opinion, for it is to be found
reported in the Congressional Globe contain
ing the proceedings OF this body, less than
ninety days ago. This is the language: -f
While they negroes were slaves 1t was very diff
ferent question; but when slavery is terminated
obstacle in the way Of citizenship, two questions
arise: hrst whether that fact itself does not Take
them citizens Before they were not citizens because
OF slavery, and only because of slavery. Slavery
abolished, why they not just as much citizens
they would have been had slavery never existed :?
NV opinion Is that they become citizens, and I
hold that opinion strongly that should consider it
unnecessary to legslae on the subject at ALL us far
as that class concerned but for the ruling Of the
Supreme Court, to which have adverted; s. 20 =
Sir, that opinion was held by the honorable
Senator from Maryland who made this speech
to-day. lie holds the opinion SO strongly
now that slavery is abolished, which was the
only obstacle in the way of their being citi-
zens, that he would want no legislation on the
subject but for the bred Scott decisioni What
further did the Senator from Maryland say
less than ninety days ago? 1t is possible
doubtless, it is not only possible but it is GER
tainly true, that the Senator from MARYLAND
by reading the conclusive arguments of the We
to message in regard to Chinese and Gypsies
has discovered that he was in error ninety DAYS
ago. L by no means mean to impute any
wrong motive to the Senator from MARYLAND.
but simply to ask that he viii pardon me if /
have not been able to see the conclusive rea-
soning OF the veto message. will read a, liz,
tie further from this opinion. In abiding te
the view of the Supreme Court in the bred
Scott case, the Senator said - o. ll3..' NJ
They held that the Constitution of tba Jrn;tai
States IN no part OF it in which the word citizen WA
used was intended to embrace the African: or !,
than the court statedit they held that iootin ~ ~
conlemporaneous history and to the contemporane
Gus legislation Of the several States the time tI
zen as empoyedin that Constitution was to exclude
Mr. Johnson-Every race but the white-fo eycnS.
the African. That decision stands unreversed NJ
BODY Gan say taatit will be reversed. 1t is the dec
sion OF the highest court to which we are bound te
submit with all proper Difference, not binding nnon
us perhaps, as legislators in very many particulars
put STILL after such decision has been pronounced
1t is our duty as think, to avoid its results If W.
think that decision in the present state of the
trywould produce mischievous results bv nroviS,,
that these people, notwithstanding their cs, M
SCENT shall be citizens OF the United States oa 1e
they are free.-Dosty Globe Of january 81, 1866.
This is part of the opinion delivered !;
this body less than ninety days ago bv tb
Senator from Maryland. Since the aboiitio,
of slavery he was of the opinion. and strorn
ly of the opinion, for he is ALWAYS stronr !,
any opinion he entertains, that natiye-bor
Sat PeePee u 6 e decision in tn
bred Scott case, which seems always to b;
Ai+tin0 in fha mind of fho
land, he thought it advisable to provide h,
law that they should be citizens. As tina
speech made less than ninety DAYS AGO is
better argument than I am capable of NAL,
ing, shall not attempt to reply in any othe
way to the speech of the Senator from Mary
land upon that question to-day.
L desire simply to remark that the speec]
from which quoted, made by the Senate
from Maryland, was made upon this very bin
1t was in reference to this bill that he wa
speaking when he laid down the proposition
that every person born in the United State
since the abolition of slavery was a citizen O
the United States, and if there was any doub
about it, it was proper for us to declare then
so, and not only proper, but our duty to d,
so; ana TO make the matter specific, the hon
orable Senator voted for this nronos;t;on
which will now read, on the yeas and navs
Alpersons born in the United States. and not sinh.
ect to any ioreign power excluding Indians not
ed, are hereby declared to be citizens of The United
States, without distinction of color o-''''
Upon the adoption of that proposition as
an amendment, it not being in the lin a.
originally introduced, the Senator from Marv.
land, with thirty others, voted in the affirmo.
tive. So we have his high authority for saw.
ing that all persons born in the United States
and not subject to any foreign Power. are cit.
lzens of the United States, exactly as II an.
pears in this bill; but if understood the first
Ealf hour OF his remarks to-day, they were de.
voted to endeavoring to show that negroes
were not citizens OF the United States by rea.
son of their birth in the United States and
that Congress had no authority by law to de.
clare them so. .-... q. ar. -
But the Senator from Maryland on that oc.
casion said more than have read to the Sen
ate. There is great deal of information and
instruction in the speech which he delivered.
Among other things, he said: % a' = :
tits very desirable that should cease to consider
for q moment That, in relation to citizenship and
rights there as tar as the Constitution Tn;ad
States is concerned any difference on account Of
There are all sorts of notions, having no tounda-
ton in fact OF IN law, preached from time to fine nv
individuals or classes Of individuals but SUPPOSE
that if the CONSTITUTION declared that ali nersonS
born the United States should be citizens pohodn
wound be able to raise reasonable doubt that It i
Guided the black man. y
Iconcude, therefore, with what said in fbe be-
ginning, that t seems to me very desirable that we
should upon the very first occasion that arises, and
upon every occasion, If any future occasion should
arise say at once virtually by ceasing to use the
the American Senate andof the people Of the United
States, there is no such distinction -'oD
Now, the Senator says that a citizen of the
United States, by virtue of his birth, IS not
therefore citizen Of State. What is he. /
should Like to know, if he is not citizen of a
Statep What is the condition of a natrrsi;1'
ed foreigner? He becomes a citizen Of The
United States Does he have anv diffarsnt
rights from native-born citizen, or anv great
er rights? He certainly has a right. BEING
naturalized as citizen of the United St tus
to 60 into any State of the Union and It than,
reside Does he not then become citizen sllo ef
the S1ase n wneF1 ne is Look