Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1871-05-12
Mr.. Trumbull-Do I disturb the Senator if

the general clause giving Congress authority {
carry out and protect whatever powers are vest
ed III the United States, if there was such thin
as g citizen Of the United States, which the Sen
stor.Will Of course admit, whatever his privilege
and immunities were, was not the government q
the United States bound TO protect them every
Where7
AIr. Edmunds-That is what have been try
ing to shOW for half an hour, in the best way
could
Mr.. Trumbul Then, if the Senator sssents &
that, desire to ssk him whether the privilege
and immunites Of q citizen Of the United State
we're not precisely the same before the adoption
Of the fourteenth amendment. and if not, where
in DO they differ.
Mr. Eimunis-My friend sees where he i
coming out, and 50 | will wait moment befor
| answer the question in form. l say and hay,
endeavored to maintain, that the United Ststei
was bound, is bound, and always must be bounC
like eyey other sovereign government, to pro.ec
every right that it gives to iis citizens. Thert
can be no doubt Of it. That is precisely the po-
sition upon which | stand. But what | said VS.
that citizen only became citizen Of the Uniied
States, under the language Of this Constitution
that | have read, through the fact that he was A
citizen cf sate to begin with, except in the case
Of Naturalization and then he became, by the act o
onal citizenship vas the consequences Of the etate
citizenship, ami therefore that the privileges Of
national citizen must always measured by. and
controlled by, the rules that applied TO State
citizenship and hence, if the State Of South Ca
ro.ina wished TO ensisye portion Of i.s citizens,
il any citizen Cf another State chose 10 20 there
sud be enslay5i, if he came within the descrip-
tion Of the cusleyed persons, he must take his
chance and the Constitution could not help
him. That is the position. as 20 slong vii.
answer the other part Of the question Of ny
friend, all he will prelcuty see what the sr-
sger is
Now, sir, to Put this question at rest - to
/ what Was the nature Of naticua citizenship.
whether it vas Fundamental because the person
was 81 inhah,taui ot the nation itself, or born in
il, or n1tura.zad 90 il, or whether i was the
mere consequence o; the fact tina: be was a cit
izen Of a State, the thirteenth auI fourteenth
amendments came in. The fourteenth ameui-
meut declare that
All Tcrzo-s horn OF nafursIi.sd ia the Ua..2d
htg.cs. and sl jec. 90 'h3 Jurisdiction thereof arc
citizens Di DE tei states an1 cf tis State where
/ ll they r-si-c.
The order cf the language Of the Oh Cousti,l-
4 ton is reversed absolutely. lnstesd 0l declaring
as IL did before, That citizen Of a State was en-
titled 90 the privileges II a citizen in anJthec
State, t lcclrei That every person born Hithia
t the territory o.. she Ul.tel states was = citizen
Of the ust8a. and, by Consequence, citizen
+ Of any State 10 which he migat lr0m llae 20
time rCs. le.
NJ Tsuua au.l-lf the Senator viii el'ow ne
again. DI tllJ d. anything more t1an give cite
izsnship to q c'tss of persons who before that
time d,i nc' naye t. sui lid it give auyhcd7
any privileges sud imm1uites DeyoaI those
rL. f-.-r O.
Ststes before its lrac-ulrtt
Mr Eiuuoi--I declare most empbaG,luy
thst j, l.i ria, it gave tle man W4o hsi ba-a
a cl,zea O.. Vermont or Or Nasslcaus lts before,
sui who uaier tde old Constitution, becoming
citizen os south Carolina only h8i such rights
As the constitution Of South 'srolns chose %
give lo their ci-zlus, either 20 he sia75 or
free mln, rl 1la,Cve- condition they might iu-
pose upon hiu, national citizenship As an orig
NAL aud flaiamsats. right thar u0 State could
regulate or destroy or Impede, because it says
so o1t F. consequence ot thai, it said
wherever hs went be- became g. ci.i1u rf t-e
Sts-s O. a1.cl be euiEri;5l.
Mr.. rrumulll-N0r. viii t1e Senator ..i,r
ms 20 ask hiu one other question right there
Mr.. Eimluis-h .th g1elt pleasure.
hir. IrCmtua-i 2sE him whether, bcsl-5 iie
thirteenth aueaicelt, h0 holds that native
born white citizen o Vermont could be reduced
% slavery iu South Carolina, without loi1z i-
~ defiance at tle Constitution ot Tbs Ca.tei
States
Mr. Elua15s-N- Pre- lea;, bsve aires iy
said t1a- al the decisions u7-l the suhiec, ~
slavery IS such which is only Que form of de-
priviaE usn li a.s liberty, were basel apll
cclo-. hlt | assert tlat tde supreme Court Of
che United STATES under The Old Constitution has
sl,eUEly decided that those great words in ,le
tbe Gfth article O.. the Oh amendments, that Do
man slsl te deprived ct i.,e, liberty, 0- proper
81 without due process q law, did u'- prevent
p State lrcl i5rrisiE. man Of life, liberty or
property without ila process ct 49,, ilt- %
WAS ulue o. cur tg-i-efs Il they i.i that we
hal DO power 30 protect man against viola
ucu ci his liberty lr his if. t5ssus- The C1nsii-
ton OF Che Cn.tei States OK of Lis own STATE
prohibited i- be mus, look tl h,s own State f'-
redress, aat ta-t We h9i no power TO interfere
Therefore say, i the Clustitufi1n Of lh5 Uni.-l
Sutes It nor r-o1ct the citizen cf Iau.is
against Illegal imprisonment. being waite, sIi
the courts % tie United States had 10 p1Ee- %
interfere a14 defend L.l, then the people f
Illinois, if tacy hal chosen, could have kep- him
iu prison forever they could have taken hil 10
their corn de' Is aal compelled hia 90 labor
they could have made him slave
So ! am justified TO saying that ,hs decisions
under The ot Constitution ia principle sni 10
effect completely cover the proposto thar lt
was u9t ia .le uowe- 1f -bl Unitel States e. ie-
fsri the rirh. OF citizen Of the United States TO
lite, liberty, o- property, sgainst the invasion %,
it by any s,aie OF by sny person IN State with
0r without the suthori-y Of i's laws sui The
reason was, as have stated, thst The citizen
ship which draws 90 10 protection, which draws
20 lt the privileges and immuntes which hsve
bse1 spoken OF 10 the Constitution. sni which
Fe s'l sgree include the right 90 lie. the -h,
to liberty, tie right 90 property, the ri-bt 90
freedom from all Interference without due pro-
cess Of law, afforded no protection, because that
citizenship f3s,ol upon State authority, sad,
only as consequence Of that Stste authority
and growing cut cf II. had a national character.
That being kuovn, the fourteenth Amendment,
not being mere empty dream or an empty as
sertioa o- on ia principle, declared that every
person horn IN tha United States shall fret ani
always he a citizen Of the nation, and second,
and as e consequence, tC . citizen Of the State
ia which be rc-iies.
Now, Mr. President, 10 return 70 tie point /
was speaking ur .--Gud in lay discussion With
ny II leud have got little out Of the order ia
which I iuien ei 20 have spoken OF these saa-
jects-this Constitution has always been C-u-
stituuon Of tle people, sri has IN s. thousand
ways provided for the protection Of the people,
impcsng duties, gulrautyiuy rights, regulating
stilirs, prohibiting acii0n 10 State7, and so il
has, ia great variety Of instances 10 the course
Of these powers AMI prohibitions been applied
10 the people directly 10 ede,- IT'S purposes sud
to defend i,s powers, and wherever and when
ever ihst occasion has srsen It hes EiEsys been
done pres y upon the principles that this bill
oontaius tha, IF ies'ia. with the people, ihst If
g .f..+l 80.
or pro,ss-, warfare or proclamston, dealing
with ,he States.
have as q mattc- Of curiosity gone through
the ancient statutes as 70 crimes in order 10 see
as my friend from Illinois though, We were max
ing p great chaugc in the Government, how
largely the founders Of the Government. in
enacting its crimes sctE, have gone into the con
slant intercourse Of the people IN their business
relations, hog much il has done that might
have been done by the States, and iu many in
stances how iluch it has done that has alaays
been d0Ge also by the States acting upoa the
sane class Of subjects. Here are some O! them
an act to punish ;he negligence of steam
boat officers, not on the high seas alone, but
anywhere il the United States, by which any
person should be injured Nobody disputes
| that State can pass laws to punish that
/ Nobody disputes that the State laws give rights
4 OF pti'tte aCu'u 10 people iOF negligence or
| steamboat owners.
. The embezzlsment Of goods Of the Uni;ai
/ States" There is power which It might De
said was necessary to protect the interest Of the
/ United States. That is tue and while it is
l perfectly tue, ii would be lawful for the States
/ to, and many o. them 60, have statutes under
which anybody can be convicted for embezzlng
/ the goods Of smother, whether the United Satss
/ or a foreign power, or any person having pro-
| perty within their territorial Jurisdiction.
% The forging Of powers Of attorney to trans
| fer stocks" There is case Of a purely private
crime between man and man, nothing else. The
! power Of attorney to transfer stocks is not 8
| Government security. 1t has no more relation
to it than any other power Of attorney has, ex-
cept that the Government security happens to be
the subject TO which the power Of attorney is ap
/ piled, and II is punished a private cheat, ss
all species 0. counterfeiting ami forgery OF per-
| sonal documents are Nobody ever questioned