Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1866-04-13

: to power. and who gladly have rallied aroun
: bis administration to sustain him in th
}, principles upon which be was elected bu
above all, sir, regret it for liberty's sake
; to scclre which to ourselves and our poster
Ity, this government was founded. But, i
the bill is unconstitutional and unjust to the
whole people. would not have had the
President sign it. That its provisions ar
neither unjust to the whole, or any portion
Of the people. nor unconstitutional, shal
endeuvor to show by candid and dispassion
ate review.
The President begins bis objections with
the very first lines Of the bill, whicE declare
that all persons born In the United States
and not subject to any foreign pewer, except
Indians not taxed, are declared citizens Oi
the United States The bill, as originally
introdu ced, did EOt contain this provision.
1t was believed by myself and many others.
that ell native born persons, since the a5Oli-
ton Of slavery, were citizen, Of the United
States This was the official opinion OF Mr..
Bates, the Attorney General OF MIR Lin
coins administration, and she opinion adopted
by bis administration. and acted upon since
By all the departments OF the executive gov
ernment, including the Secretary Of State.
who has issued passports to persons Of color,
recognizing them as citizens 1t was the
opinion expressed BY Mr.. Marcy. when Sec
rotary OF State, that all persons born in the
United States were citizens Of the United
States-noi referring Of course, to slaves,
slavery at that time existing in the country.
The President does not object to this declar-
/ ti0n in the bill us unc0ns titutIO. al He
/ docs, however, say that it does not purport
to declare or confer any other right Of citi-
| zeuship than federal citizenship. IL does not
/ purport, be says, to give these classes OF
l persons any status as citizens OF State, cx-
cept that which may result from their sta
tus as citizens Of the United S-&tes. The
power, he adds, to confer the right Ol State
citizenship Is lust as exclusively With the
several States as the power to declare tile
right OF federal citizenship Is with Congress.
Bat. il i. true, sir, that when a person be
comes a citizen OF the United States, that
lie is not also citizen Of the SAFE where
ne may be residing? On this point. | will
refer to decision pronounced hy the Su-
preme Court Of the United ) atos, delivered
by Chief Justice Marshall. In the case oi
Gasse, against Ballow, reported in the sixth
volume OF Peters Reports, the Chief justice
in delivering the opinion OF the Court, says
.'The defendant in error is alleged, in the I
proceedings, to be a citizen of the United States,
naturalized ia Louisiana, and residing there I
This an equivalent TO averment that he Is q .
citizen Of that State 4 citizen Of the United .
States. residing in any State Of the Union. is
siti1en Of that State.'
This was the only point in tie case. In
less this authority Is to be disregarded, the
President Of the United States Is mistaken
in his law. Ii is not true that when a man
Is made citizen Of the United States he is
not citizen of every State.
The President next alleges that the
right Of federal citizenship thus to be
conferredon the several excepted
races aforementioned, Is now for the
first time proposed to be given BY law. Now,
sir, this is a mistake, not Of the law, but a
misapprehension Of facts. and it will appear
By references 10 which | shall call the atten-
tiOn o. the Senate in moment, that the
Presidents facts are as bad as his law.
read from page S97, in Llwrence's Wheaton
on international law, and various statutes Of
the United States on this subject.
Tnere have been In the United States
several cases OF collective naturalization by
the annexation Of territories. BY the third
article Of the first convention OF April 80,
lSGO, with France, in the cessiOn OF LOUIS
lana. il is provided that the inhabitants Of
the ceded Territories to be incorporated into
the United States, should be admitted as
soon as possible, according to the federal
Constitution, to the enjoyment Of the rights,
privileges and immunities Of the citizens Of
the United States.
A provision to the sane effect is to be
found in the sixth aiticle Of the treaty with
Spain for the purchase Of Florida and by
the eighth article of the treaty of lS4S with
Mexico; also by the annexation OF Texas,
under a resolution OF Congress Of March,
lS45, in its admission into the Union on an
equal footing with the other States. "Col- /,
lvctiye naturalization says the authority ,
from which quote, may also take place
IN the case Of a class OF person.
ratlve Of the country orotherwise, ,
who. without any act on the part +
Of tue Individuals, may be made citizens.
In the United States it is incorrect to sup !
pose that aliens, as opposed to citizens, I'm a,
pines foreigners as respects the country, :
lniians are the subjects Of the United
States but they are not therefore citizens,
nor can they become citizens under the ex-
isting naturalization law 4; but they may b,
made citizens by some competent act of the
general government, by treaty, or other :
wise" By these yarions treaties, resolu- :
tions, and acis of Congress, 1t will be OBJ :
sery I'd that Frenehmen, Spaniards, Mexi-
cans, and Indians, baYe all been made /,
citizens VI the United States some Of the
very classes Of persons spoken Of in this =,
bill F.: and yet the President tells US that this :
right Of federal citizenship, as If there were ,
such a thing as federal cIuZenship,as contra !
distinguished from State citizenship, is now, :
for the first time, proposed to be given by /
law. 1t, says the President, as is claimed
by many persons, all who are native born, :
and are already by virtue Of the COnsttu- ;
ton citizens of the United States, the pass
age OF the pending bill cannot be necessary
10 make them such. Well now, that is here, I.
sir, but is the President to learn now, for |.
the first time, that principle to be found in :
the very horn-books of the law, that an act .
what law is, is one OF the most
acts passed by Legislative bodies? ,
That all native born persons, not subject to J
foreign powers, are by virtue Of their birth
citizens Of the United States, some :
disputed hence, for greater certainty,it ,
s proposed to pass this law. IL is .
now made an objection TO the passage Of :
this law, and a reason given by the Presi- :
dent why be cannot approve it, because it is
a decaratory act
But if such ID not the law, says the Pres !,
ideni, grave question presents Itseli.- :
W neither, when eleven Of the thirty-six
States are unreprescnted IN Congress at The
present time, it is sound policy to make
our entire cOlored population, and all other
excepted classes, citizens OF the United
States This is a standing objection, NOT
urged against all bills, for the President '
tells US in his message that be has signed {
some of the bills that have been presented |
to him. But if there Is anything in it, no |
bill can pass the Congress Of the United |
States until these States are represented !
Well, sir, whose fault is it il the eleven I
States are not represented? And il the
reason urged by the President is good one
now, 1t has been good one tor all time
Within few days the President has issued
r l..