Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-04-20
THE CIVIL RIGHTS BILL So THE RIGHTS
'r..' 's'." OF CITIZENSHIP.

THE CIVIL RIGHTS BILL 80 THE RIGHTS
'r't' f"''- OF CITIZENSHIP.
We publish elsewhere in our columns tho
Civil Rights Bill. which having passed both
Houses of Congress by the necessary two.
thirds vote, over the Presidentis reto has now
become tho law of the land. A doubt has
bsen expressed in certain quarters whether
the President will execute law, which in his
opinion is SO clearly unconstitutional, but We
think there is very little reason TO question his
course. His Oath of Office binds him to "exe-
cute all laws, of the United States, unless pIo-
nounced invalid by coordinate branch Of
the Government-the Supreme Judiciary-and
in the face of the present unscrupulous oppo-
sition who ore anxiously seeking the slightest
occasion of impeachment the President will
bs especially guarded in keeping within The
strict limits of his constitutional authority.
The Bill, it will be perceived, does not con-
fer the right Of suffrage. but its provisions are
AQuslly unconstitutional, in so far as it regu.
Htes class of subjects which fall exclusively
~ithin the Jurisdiction of the several States
Tho rights of citizenship. Ours is govern.
snsnt Of limited powers-and those which are
pot expressly granted, or may be inferred by
necessary implication, are reserved to the sew
sral States. The. e.lPower!to establish an uni
form rule of naturalization" has been expressly
conferred upon Congress, but this power is
limited to removing the disabilities consequent
upon foreign birth. Such is the concurrent
opinion Of all the Judges in the Dred Scot
Gaze. and not ,one of those Judges held for a
moment that Congress possessed any power to
sieVate the native'born Inhabitants of the
country, to the full rights of citizenship.
With regard to the powers of Congress there
was no disagreement.
Upon another point. the status of thoas who
wero descended from African slaves, and the
rights OF the several States to remove the dis.
ability. and. confer the rights of citizenship,
there were conflicting opinions delivered in tho
case. The Chief Justice. delivering the opin-
ion Of a majority of the Court announced the
doctrine, that tho descendants. of African
slaves were not embraced within the proyis.
eions Of the Constitution, formed no part Of
the body.politic, andwere noticitizens, and that
to.confer upon the several States the right to
Fake them such, would introduce the verv
eVilss which the power of naturalization was
designed to prevent Judge Curtis in his dis
senting opinion. holds that. as the descendants
OF African parents enjoyed the full rights of
anzepsh'p in five States at the adoption of
Ae Constitution, it could not have been tho
design of that instrument to disfrancnise them
and that it rests with each State TO determine
what free persons born within its limits shall
DO citizens Of such State, and thereby be citi.
xens of the United States
'1he difference between the members of the
Court was as TO- the power of the States to
conier the rights of citizenship. Judge Curtis
ceid that these resulted necessarily from citi-
.enship in State. under that provision of the
constitution that "the citizens of each State
IRE entitled toaH privileges andsimmuni,ies of
me several States" The Court held that the
psivileges conferred by State authority we're
confined to its own territorial limits-tIst NO
State could confer the rights of American citi.
zenship. -"'
;. AS we have stated, tbe5e was no difference of
opinion as to the limited powers Of Congress
on the subjeet-being confined to the removal
OF the disabilities of foreign birth: Yet, in the
face of the concurrent opinion of the Supreme
judiciary, and the uniform practice of the
Government, does the present Congress assume
Pienary powers of legislation on the aubiect
Ihs PreddenRs eheetions-s Xsif 70
the Consultations Alify q to the expsdieney II
the Bib. .:As xshaYA said, he win ,doutt,ss;si
enforce its pnt is validity can be datsrni lied
by the proper. tribhpsl In the opinion of