New-York daily tribune., 1866-04-05

y 2 4
Mr. JOHNSON sIld he wanted to speak on that motion
and II was evident vote could be taken Immediately
M STEWART said he woud press vote to-noErow
TIE CNIL RIGHTS BILL
The Veto Message being takea uP. Nj. IRCNBuiL
MR. PRESIDENT fully share with the President Of
the United states in the regret expressed that lie !
unable sign the bill 10 protect all persons IN tle
United states In their civil rights and 20 furnish tie
means OF their viudication regret IL on nv own ac-
count because Of the disappointment because the Just
expectations raised when this oil was presented 70 the
President before its Introduction into the Senate have
been disappointed. regret u on tue Presidents ac
count because II 4 calculated 70 ALLEVIATE HIN from
those who elevated him % power and Who gladly have
rallied around his Administration 20 Sustain him IN the
princp piles upon which he was elected But above al.
Sir regret t for hbertys sake 70 secure which Z"
ourselves and our posierity this Government vas
founded Bot the bill Is unconstitutional AID unjust
10 the whole people wogd not have had the President
sign t That It's provisions are uelther unjust 70 me
whole nor any portion Of the people, nor unconsttu-
tonal shall endeavOr TO show by candid and dis
passionate review aRd examination Of the Presidents
various objections. He begins these objections win
the very trst lines OF the bill which declare tha al
persons born in the United States, and not subject 10
any foreign power except Indians not taxed, are de-
clared citizens of the United States The bill. as origin
ally introduced did not contain tins proY!s0n IL was
believed by myself and many others, that all ma.
tiYe-born persons. since the abolition OF
Slavery. were citizens Of the nited states
This was the official opinion ~ Mr. Bates, the Attor
ney-G General Of Mr. Llncons acmlnlstraon-the opln'
ion adopted by hs administration. and acted upon
since by all the departments OF the Executive Govern,
enf Including Secretary OF state, who has issued
passports TO persons II color recognizing them as ct
lens IL was the opinion expressed by Mr. Marcy.
when Secretary Of State that all persons born IN the
United states were citizens Of the United States not
referring Of course 20 slaves slavery at that time eA
sting in the country. The President does not obeet
10 this declaration IN the bill as unconstitutional de
does however, that IL does not purpOFt 10 NtcIa
or confer any Other right Of citizenship than FEEDER
citizenship IL does not purpor he says 10 give these
classes Of persons any status as citizens OF states eA
cept that which NAV result from their status as eiti
zens OF the United States The power, be adds 20 con
fer the night Of State tzenshp il jut as exclusively
with the everal States the power declare the night
OF Fedetal citizenship Is with Congress Now, since
we all know that no State has the authority 20 make
a citizen Of the United States, the Constitution OF the
United States rests with Congress the sole
power Of naturalization. and u may make citizen OF
foreigner but no State can make citizen OF the
United States Of foreigner But, u II true Sr that
when person becomes citizen OF the Jnlted states,
that he is not also citizen OF the state Where De may
be resdingf ON this point l viii refer to decision
pronounced by the Supreme Court Of tile ned states
delivered by Chef Justice Marshall the most eminent
jurst who ever sat upon the American oeheh In 'ne
case OF Case ust BaiOw reported m the slnth volume
Of Peters. Reuorts the Chief Justice in delivering the
opinion fthe Court says The defendant in error Is
alleged in the proceedings. 70 be citizen Of the nited
Statss naturalized IN Louisiana, ana residing there
This equivalent TO an ayerment that he is citizen Of
that State. citizen of the United States. residing in
any State Of the Union j citizen OF that state This
was the only point in the This Is the opinion Of
the highest tribunal in the country pronounced by the
most eminent man who ever eat upon the bench IN
America.
Mr.. JoHSsoy-Will the senator give me the pagei
Mr.. IRUNBULL-Page 76l. But Sir. unless this au.
thorty be dsregarded the President OF the United
States is mistaken In his law. IL is not true that when
man il made q citizen Of the nited States he IS not
citizen Of every state. The President next alleges that
the gh OF Federal citizenship thus 10 be conferred
the several excepted races before mentioned IS now
FOR the fret time proposed TO be given 1y Jaw, now
hension q fnct-and IL will appear by references
which shall call the attention of the Senate in mo-
ment, that the Presidents facts had as his law
II the Senator from Maryland Mr Johnson) wishes te
take n note Of the authority. he will find II IN Law
rences Wheaton International Law. and various
statutes OF the United States on this subject. read
from page 81. There have been N the United States
several Of collective naturalization by the annex
alton OF Territories BY the third article OF the First
Convention OF April 80 loo with France in the ces
sion Of Louisiana 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 the principles Of the Federal Constitution.
20 the enjoyment OF the rights privileges and lmmuUi
ties Of the citizens OF the United States. provision
TO the effect TO be found in tie sixth article Of
the treaty with Spain for the purchase OF Florida. and
OF the eighth article OF the treaty OF S4- with Mexico
also BY the annexation Of Texas, under resolution OF
Congress Of March lsia on its admission into the
Union on equal footing with the other States. Col
lectye naturalization says the authority from which
quote, may also take Place OF class OF persons
native Of the country, or otherwise who, without
any act the part Of individuals be made cit
izens In the United States II is incorrect 10 suppose
that aliens opposed 20 citizens, Implies foreigners.
As respects the country Indians are the subjects of the
United States but they are not therefore citizens nor
can they become citizens under the existing nauraza
tOn laws; but they can be made citizens by some
competent act Of the General Government, by treaty
or otherwise BY these various treaties, resolutions,
and acts Of Congress II Will be observed that
Frenohmen, Spaniards. MeIicsns. ard Indians have
al been made citizens OF the United States -
some Of the yry yery classes Of persons p d.s, spoken
tells US that this night OF Federal citizenship II
there was such thing as Federal citizenship as con-
uadisiiuguished from State citizenship. He tells Us
that is for the first time is proposed 10 be given
by law II. says the President as Is claimed by many
persons AL who native born already by virtue
Of the Conituon, citizens Of tue United States, the
passage OF the pending bill cannot be necessary 10 make
Them each. Well. now that is here. Sir but Is the
President 10 learn for the first time that principle
be found in the very home books Of the law that sn
acts passed by legislative bodies when there is no
question 10 what the law Is, for their greater GER
tsnty 1t is the most common thing in the world to pass
statute declaring s obectt My opinion Is such was
the opinion Of the and Of the present
Secretary Of State; such the opinion Of Mr. Lin
coins Administration IN ali s departments and such
believe TO be the prevailing opinion in the United
States that all native born persons not subject to
foreign powers are, BY virtue OF their birth. eiti
sens OF the United States. But some dispute this:
hence for greater certainty. IL is proposed 10
pass Ibis law. II is now made an objection.
70 the passage Of this law and reason given by the
President why be cannot approve H. because II 10
declauatory act. But soeh is not the law says the
President grave question presents i,self: Whether
when II Of the 36 states uhrepresented IN Congress
at the present time II Is sound policy to make entire
cOlors3 pSPulatOn and al other excepted popql.iion
States This E standing objection not urged IL seems
agans all bills for the President tells Us In this
sage tha' he has signed some 20 bill. that have been
billi The President states objection applicable
TO this particular bill IL general objection that he
makes applicable 10 al bills. But II there is anything
ftaC ~ yfta ssaa
until these States represented. Well sir. whose
fault Is it the II States are not represented Whose fault