Year: 1866

this bill and ths honorable Chairman Of the
judiciary Committee. that it Is perfectly
clear that such power exists as Is attempted TO DO
exercised by the first section hold wita MI Justice
Custis land his opinion has never been quesoned that
citizenship Of the United States consequent upon prtn
in State Is to depend upon the fact whether the Con-
sttuton and laws Of the State make the party 90 porn


citizen Of the State. Now what Is the next section
or what is the remaining provision OF the first section
Not satisfied with declaring assuming that they had
the power TO declare that all persons not subjects OF
foreign power born In the United States TO be con-
sdered hereafter citizens Of the United States and
wing the right of such persons to depend upon the
fact OF their being citizens the bill goes on to prosde
whnt right shall belong to them. Now, what Is that
fori Is that deesratory tooi citizenship" says the
honorable member (Mr. TrumbulD, "oarries with it
certain rights" What rightsi He read to the Senate
he will pardon me for saying has nothing in the
world to do with the particular question before us.
The passage which be read merely stated that every
nation was bound to protect It's own clt1ens. why
certainly 1t is if 1t has the power The Government OF
the United States has the authority and is bound to
protect the rights Of every citizen Of the United states
invaded by any other nation. Whyf because tne
States have no territorial Because
with reference to foreign nations the States have no
place at ALL That relation subssts and can only SUD-
sst between foreign nations and the General Gov
erumcnt and because that relation can only IN t1at
way subsst 1t the duty OF the United States as 1t is
the duty of every foreign nation to protect s own cit
zens But how 10 that made to prove that citizen Of





on Of the Of the United States is to be
considered citizen Of any Statei What these
rights The bill converts him into citizen by virtue
of his BIRTH which have endeafOred to show the Sen
ate could not be done unless the Constitution OF the
State where he is born has made him citizen OF that
State and goes further and says that such citizens
that are citizens BY force of this Congressional egsa


ton of every race and color without regard to pro-
vious condition Of Slavery, etc, shall have the same
right in every State and Territory to make and enforce
contracts to sue be parties end give evidence to IN;
hold apdan nd
property and TO the full and equal benefit OF all laws
and proceedings for the security Of person and pro-
perty is enjoyed by white persons Now. MI Presi-
dent il there be anything that might be considered as
true In the Constitution and laws 1t was that over
every Of these rights or TO speak more correctly
every Of the subjects to which these rights are
made to attach the Jurisdiction Of the States were ex
elusive The honorable gentleman from Illinois (Mr.
TrumlulD forget as think, what is the real
character Of our Government and our institutions.
This bill. In my opinion, strikes a. all tne
reserved rights OF the States. You MAJ
look in the statute. books. and am
sure the honorable member from Illinois will agree that
such is the fact You may look in the statute books oil
the United States In vain for the purpose of finding that
al any from 7s9 to the breaking out OF this ke'
beon anybody ever proposed in Congress by leelsia'


on 10 regulate by securing or otherwise the rights
which are referred to in this section After dwelling
further upon this section Mr.. johnson passed to the
provisions Of the bill which define the punishment for
the enforcement Of distinction on account OF color by
State Judges and others. 1t would abolish all State
laws be said And what is the case In which, by this
clause Jurisdiction s vested in the courts Of the United
statesi "In all cases. civil criminal affecting per-
sons who are denied their rights IN State court. !"
any such person against whom suit may be brought
for any cause whatever. may appeal to the United
States courts Any Of these agents or subagents-tor
there hosts Of them provided for by the bll-who
may kill freeman who is endeavoriDg to protect what
lie considers his rights, is not to be tried In a
state Court but In an United States Court


Here the bill goes upon the theory that there but one
government. Murder robbery and many other ofenses
which no dresmt Of trying IN any but State
court are TO he transferred 10 the United States courts
The honorable member refers To the act OF lsO whcn
has nothing at all to do with this The punishment pro-
yded for by that related to suits aud oenses against
the Foreign Ministers who were accredited to the Gov
ernmcnt; aud offense against them was an o1ense
against the Government That law was based upon the
principle that which provide for the pun
ihment OF those who utter false coins &c. IL Is In.
cdentsl entirely 1t part Of the law Of nations and
honorable friend asks whose fault Is 1t that eleven States
are not represented here lie certainly does not ask
this in dd cdptaHdnn sty he animadyered upon
that in referring TO the President. He says tseir
hands are reeking with the blood OF their fathers.
What have they done They have abolished
Slavery Some Of them have even gone further.
than the honorable member himself and though some
of them have fought In the field OF battle they can take
that oath as conscentiousy the honorable member
said Well, they applied here in the month Of Decem.
ber aud II Is April, aud 1t may be until July or
December, asrumor has it. can 60 into the State OF
the honorable member himself and find hundreds Of men



In tho modern accepiation Of the term A short time
ago was disoya to oppose the President 1t 10
dsoys to support him. 1t is only loyal to uphold Con-
gressmen. The Supreme Court has recognized these
States as being In the Union it has for weeks been
trying cases from them 1t is apprehended that mis-
chief will resnlt II they are admitted here. Mischief OF
what kindf OF party cbaracteri That Is the only
mischief that am aware of that can exist Where is
the occasion OF this fret Docs any one suppose that
the rights Of the black man are not as safe in these
States In any of the loyal Satcs Go into Missouri
fr,a rirhf Afr Hand
What i'd do you a find therei That men cannot pray
in public without taking an oath Where
ministers are taken out Of the pulpit /
invite my friend to draft bill protect the citizens Of
Missouri from murder and robberies. Brutal attrooi
ties and unheard Of crimes are constantly occurring In
the loyal States Of the East but friend does think
it necessary to interfere with the authority Of Con-
gress there have by word more. Mr.. President;
nv fenG uayer:c IN rather severe terms to the Pres
asat The President stated that In his opinion. the
bill 10 unconstitutional and thinking so sas o.y
%oaS ssSs bssn ss s Ii: E
suspicion Of disloyalty against him. his whole political
%smS.f h%
the midst Of those who were plotting to destroy the
Union and In words that burned. denounoe their at.
tempts ct rebellion.


Mr.. NYE-wul tho Senator allow me to ask him o


Mr.. JoHSsos-Certainly.


Mr.. NYE-Did he not at the same time admit the right
OF secession.


Mr.. JoHNsoN-Certsinly not. Quite the reverse.
Tho most prominent public man who advocated 1t
was the late amented President Lincoln In speech
In le47


Mr. NYE-Mr. Stephens certainly did advocate Il.


Mr. JoHNsoS-I am not speaking Of Mr. Stephens,
but OF the late President Of the United States. My
friend from Nevada II not often wrong; but he has
certainly made mistake this time. The President Of
his own State Of Tennessee again periled bis life in de-
fence Of the Union. He wants restored and should
not together once more and glory In the heroic
deeds Of each Otherf