Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1866-04-18
8attsttlan's 5ournal.
CLEARFIELD. Pa, APRIL is. 1866.
REMARKS OF SENATOR TRUMBULL,
CIVIL RIGHTS BILL.

II
In the U. S. Senate, on April 4th 1866.
The Veto Message being taken up, a'r.
Trumbull said:
Mr.. President fully share with the
Peresident of the United States in the re-
gret expressed that he is unable to sign the
bill to protect all persons in the United
States in their civil rights and TO furnish
the means of their vindication l regret it
on my own account, because of the disap-
pointment because the just expectations
raised when this bill was presented to the
President, before its introduction into the
Senate, have been disappointed. | ngret
it on the Presidents account, because it is
calculated to ALLEVIATE him from those who
elevated him to power. and who gladly have
rallied around his administration to sustain
him IN the principles upon which he was
elected. But above all, Sir, | regret it for
liberty sake, to secure which h to ourselves
and our posterity this Government was
founded. But if the bill is unconstitutional
and unjust TO the whole people, would not
have had the President sign it. That its
provisions are neither unjust to the whole,
nor any portion of the people, nor uncon-
stitutional, shall endeavor to slow by a
candid and dspassionate review and exami-
nation OF the President various objections
He begins these objections with the very
first lines of the bill, which declare that all
persons born in the United States, and not
subject to any foreign power, except Indi-
ans not taxed: are declared citizens of the
United States. The bill. as originally in
frnd Dp b I
was believed by myself and ,.i:ny Others,
that all native born persons, since the abo-
lItlon OF Slavery, we're citizens of the United
| States. This was the official opinion of Mr..
Bates, the Attorney General OF Mr. Lin
| coin 5 administration opinion adopted
| by his administration, and acted upon since
by all the departments of the Executive
Government, including the Secretary of
State, who has issued passports to persons
of color, recognizing them as citizens. 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,
to slaves, Slavery at that time existing in
the country. The President does not object
to this declaration in the bill as unconstitu-
tional. He does, however, say that it does
not purport to declare or confer any other
right of citizenship than Federal citizen
ship. 1t does not purport he says, to give
| these classes of persons any status citi-
zens of States, except that which may re-
suit from their status as citizens of the O.
Dited States. The power, he adds, to con-
fer the right of State citizenship is just as
exclusively with the several States as the
power to declare the right of Federal citi
zenship is with Congress. Now, since we
| all know that no State has the authority to
make citizen of the United States, the
Constitution of the United States rests with
Congress the sole power of naturalization,
and it may make citizen of "a foreigner
but no State can make citizens of the u
nited States of foreigner. But, is it true,
Sir, that when person becomes a citizen
of the United States, that he is not also a
citizen of the State where he may be re-
siding? On this point / will refer to de-
cision pronounced by the Supreme Court of
the United States delivered by Chief Justice
Marshall, the most eminent jurist who ever
sat upon the American bench. In the case
Of Gasse against Baliow, reported in the
sixth volume of Peters's Reports, the
Chief Justice, in delivering the opinion of
the Court, says: The defendant in error
is alleged, in the proceedings, to be citizen
of the United States, naturallzed IN Louisi-
ana, and residing there. This is equivalent
to an averment that he is citizen Of that
State A citizen of the United States, re-
siding in any State of the Union, is a citi-
zen of that State This was the only point
in the case This is the opinion, of the
highest tribunal in the country. pronounced
by the most eminent man who ever sat upon
the bench in America et4-7 -
Mr.. JoHNsoN-Will the Senator give me
the page?
Mr. TRUMBULL-Page 76l. But, Sir
unles this authority is to be disregarded
the President of the United States is mis-
man is made citizen of the United States
he is not citizen of every State. The
President next alleges that the right OF Fed
eral citizenship, thus to be conferred on the
several excepted races before mentioned, Is
now for the first time proposed to be gwen
by law. Now, Sir this is u mIstake-no'
of the law, but misapprehension of fact
and it will appear by references, to which
shall cali the attention of the Senate in {
moment, that the President S facts are a
bad as his law If the Senator from Mary
) land MIR. Johnsop) wishes to take a mote
of the authority, hewill indit in Lawrence
Wheaton on International Law, and various
statutes of the United States on this subject
read from page Se7. There have been il
the United States several cases of COLLECTIVE
naturalization by the annexation of Terri
tories. BY the third article of the Firs
Convention of April 80, 1900, with France
in the cession of Louisiana. it is provided
that the Inhabitants of the ceded terrltorie
to be incorporated into the United State
should be admitted as soon as possible. ac
cording to the principles of the Federal Con
stitution, to the enjoyment OF the rights
: privileges. and immunities of the citizens 0
the United States. A provision to tn
same effect is to be found in the sixth arti