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THE UNITED STATES IS A NATIOX.
ITY AND GIFT.
XATURE AND RIGHTS OF CITIZENSHIP.
hold this alleged power of excluding them who to his country such as to entitle him to demand right, it has also the right to the things necessary t have renounced their citizenship from the the rights of a citizen.
its preservation."- Vattel, s. p. 6. exercise of its powers, still I do not favor such To attain the establishment of these I now
This right of self-preservation necessarily in
volves all other incidental rights as a means to giv exclusion against the mass of the common peo- || proceed.
effect to the principal end.”- Wheaton, 115. ple, unless it shall appear that they continue
As we proceed we shall see that these prinincorrigibly disloyal, and insubordinate to our Government and laws. I only inquire now as
It is upon this sublime and simple law that | ciples, so evidently inherent in the very nature to the power. The manner and extent of its I lay the foundations of my argument.
of sovereignty, are both held and employed by employment will be a matter for the high, sol.
Mr. Speaker, how strange has been the his- every independent State. ema, and most cautious exercise of the wisdom tory of that law's enunciation and enforcement
CITIZENSHIP IS A NATIONAL AND NOT A STATE QUALand discretion of Congress; to be done with
in our country. Its absence from “the Con
federation" rendered that structure, which was Let it be next thoroughly established and due regard to the nature of ours as a popular | reared in the storms of war, utterly weak and comprehended that in our Government there Government resting upon the will of the loyal insecure, and at the end of the eighth year of ||is, properly speaking, no State citizenship, and citizens, but also with regard to the perpetuity | its existence prostrated it in ruin. To remove and safety of the Republic.
that, to adopt the language of the case of in the new Constitution this cause of the feeWhat makes the inquiry upon which I now
Lynch vs. Clark, (1 Sanford R., 583,) citizenenter, as to the right to exclude the disloyal || and purpose of the new one's formation. That bleness and ruin of the old, was the very end || ship is a national right or condition.”
Chancellor Kent affirms the authority of this from citizenship and from voting, of such vital moment just now is the sad fact that in at least
high purpose they who made it engraved into case (2 Kent's Commentaries, s. p. 30, note) ten of these States there is the highest reason its text in those vital words, “Shall be the
when he says: to fear that more than half the white inhabitsupreme law of the land."
• The question (of citizenship as distinguished from ants desire the destruction of this nation.
And then they set the purpose out again in
alienage) is one of national and not of individual
(Stato) sovereignty." The people could not learn a fact, so utterly
the tiara of stars with which they bound the "A State,” says Judge McLean, "may authorize a unnatural and appalling, until each household
Constitution's brow, and made it read, “To foreigner to hold real estate within its jurisdiction, spelled it out, letter by letter, line by line, for form a more perfect Union."
but it has no power to naturalize foreigners and give
them the rights of citizens. Such a right is opposed itself. But the nation did learn it at last, when
This law, stated by Wheaton in the words, to the acts of Congress on the subject of naturalizaevery family had read it in the marble features "The United States is a supreme Government,
tion and subversive of the Federal powers. I regret of its own slainacting not only upon the sovereign members
that any countenance should be given from this
bench to a practice like this in some of the States of the Union but directly upon the citizens,' “For there was not a house in which there was not
which has no warrant in the Constitution."-19 lowono dead."
was thus made self-evident as the very foun- ard, 533. To again refuse to believe it as we did before, dation of the Government, both by the origin,
"Every citizen of the United States is a component
member of the nation, with rights and duties under and to decline again to act upon it as true is
the text, and the preamble of the Constitution. the Constitution and laws of the United States which only stark madness. For four years and a
It was afterward affirmed by a thousand judg. cannot be abridged by the laws of any particular half that almost entire people strove for that ments of the highest courts of the States and
State." "Every person who is a citizen of the United
States, whether by birth or naturalization, holds his destruction, with a ferocity of will which made
of the nation. It was reannounced by the Gov. great franchise by the laws of the United States, and the purposes of Danton and Robespierre almost
ernment itself in the terrible dialect of war in above the control of any particular State."-Opinion timid, and with a cruelty of execution which the suppression of three successive revolts
of Allorney General Bates, of 29th Norember, 1862.
By such authorities as these I show this other makes the “September slaughters of the against that supremacy in the States of Pennprisons'' almost mercy.
sylvania, South Carolina, and Rhode Island. || proposition of my argument, that by the very And now, when the grass has not yet cov. It became impressed upon the Constitution's
essence and nature of sovereignty it is and
must be the nation, the supreme Government, ered the graves where sleep the victims of this || history by the meanings assigned to it by immense crime, and when, by no act, or speech, those who made it. The same thing was
that determines who shall be members of the or sign, the great mass of the authors of it enforced by the subsequent arguments of its
nation's body, its citizens, and whom it will
admit to demand its protection and enjoy its have even professed regrets for the past except | great expounders, among which stands one regrets for the failure, and when they avow -the reply to Hayne-unsurpassed by the
powers. po new desires for the future, this nation must
achievements of the human intellect, and which either accept this most unwelcome fact of genhas passed into undying history, the sole com
In order that the legal consequences which
flow from the fact that the nation bestows and eral disloyalty or else the nation cannot live. panion of its only peer, “the oration upon Mr. Speaker, has the Constitution, now that the Crown."
controls citizenship may be completely under: actual war for the attainment of the nation's But, sir, after all these it was strangely, in || stood, it is best now to look at the nature of destruction has been crushed out, deprived the God's orders, reserved to this Government to
American citizenship. Government of all power to accept this fact, teach it to her children and the world in
Although this is a subject of great difficulty and to provide against the imminent peril to emphasis which startled the human race.
in some of its aspects, yet it is in others of the the nation which it imports? To show that
This lesson, which they who made it had very easiest and most obvious comprehension the Constitution has not is the work of this my thus written all over the Constitution, which
and statement. hour.
the Government had three times more indi- In speaking of what privileges and powers To be fully and accurately apprehended, let cated by the accents of war, which for seventy
are included in citizenship, Mr. Calhoun says: me state now what I am about to maintain years the courts had been framing into decrees “But though we may not be able to say with pre
cision what n citizen is, we may say with the utmost and what I shall not maintain. and men had been illustrating with the best
certainty what he is not. Ho is not an alien. Alien I do not think that the Federal Government eloquence of earth, is comprehended at last. and citizen are correlative terms, and stand in conhas any power to exclude by law any civilized But, Mr. Speaker, it was only comprehended tradistinction to each other. Thoy, of course, cannot
80 exist." native of the United States from rights of
when it was written in letters of mingled fire national citizenship who has not violated or
and blood-the fires of a war which swept The principle here alluded to by Mr. Calrenounced his allegiance to the United States. half a continent, and the blood of "the
houn, that he cannot be held to be a citizen
who does not owe, or who does not recognize I do not maintain that any citizen can, by mighty millions." any act of disloyalty or by discarding his alle
There it stands now,
or render the obligations of a citizen, is more
written, comprehended. giance, divest himself of the obligations of the It is the judgment of by far the most august | fully expressed by Vattel (s. p. 106) in these
words: allegiance which he owes his country ; but, on court which ever sat for “high resolve,'' the
“If the body of society or he who represents it the contrary, I hold that he cannot. court of the mighty people ; and men com.
[the Government) absolutely fail to discharge their I do not hold that the United States can prehend at last that this is a nation with right obligations toward the citizen, the latter may withregulate the enjoyment of the elective fran- to live.
draw himself." chise in the organized States so as to prescribe SELF-PRESERVATION A UNIVERSAL RIGHT AND DUTY
Now note what follows: who, of them who are citizens, shall be per
“For, if one of the contracting parties does not obmitted to vote. I think the second section of The next element of my argument I bring
serve his engagements, the other is no longer bound
to fulfill his, as the contract is reciprocal between the first article of the Constitution gives this from the highest sources of public law; and society and its members. It is on the samo principlo power to the States.
assert that the right of self-preservation is not also that society may expel a member who violates What I do maintain and shall strive to es- only a right with respect to other States, but its laws." tablish is, that the United States is a supreme a duty with respect to its own members, and Precisely the same thing in its legal effect is nationality with the sovereign power usually the most solemn and important one which a stated by the Attorney General of the United held by nations to define the obligations of State owes to them.” (Wheaton, 115.) “Every States in his opinion of the 29th November, citizenship and demand the paramount alle- nation is obliged to perform the duty of self- 1862. His words are: giance of all its citizens in return for national || preservation. (Vattel, s. p. 5.)
“The duty of allegiance and the right to protection protection; and that, in virtue of such sov
are correlative obligations, the ono the price of the
other, and they constitute the bond between the ereignty, the nation has the power by law to
individual and his country." declare what gross, open, and palpable acts of
Mr. Speaker, from the same high sources of Justice Blackstone says: abjuration and abandonment of the obligations | authority, I allege that,
"Allegiance is the tie or ligament which binds of citizenship shall work a forfeiture of all the
a obliged to preserve itself, it has
every subject to be true and faithful to his sovereign
in return for protection which is afforded him."
" A nation has a right to every- It cannot be necessary further to enforce prescribe what shall be deemed sufficient evi.
thing that can ward off imminent danger, and keep at
a proposition which is asserted by plain and dence of a return to true faith and allegiance and from that very same reason that establishes its irresistible reason, by every authority of any
EVERY NATION IS ENTITLED TO THE MEANS OF SELY
cluding the elective franchise; cand major iso a right to everything quotes are per te perditer la citoho
value upon international law which is in exist- Again, Mr. Lawrence (in Wheaton, 910) || destruction of both Congress and its supreme ence, and which is denied by none. says:
laws. You have a nation bound to exhaust osition is, that the bondwhich unites every "If thay (the States)can admit to the elective fran- every dollar of its treasures and every drop of sovereign State with its citizens is the recogni- chise those who are not citizens, thereby neutralizing its loyal blood to defend the rights and avenge tion and rendering by the citizen of true loy.
the votes of citizens, not only the Federal power of
the wrongs of its citizens, and yet with no alty, faith, and allegiance to his Government;
case a minority of actual citizens by the aid of aliens power in that nation to declare that Mason, in and the reciprocal protection due and rendered may control the government of the States, and through | England, and Slidell, in France, and Suratt by his Government to that citizen as the price the States the Government of the Union."
and Saunders, in Canada, have ceased to have of that allegiance; and when such faith is not Once more I cite Mr. Calhoun, not merely the rights of citizers; and you are, therefore, recognized or rendered, there is no bond of because of the eminence of his learning and bound to exhaust this treasure and blood for citizenship and none of its rights. About the ability, but mainly because of the intrinsic the defense of these. You have a .nation in truth of this position there can be neither sen- force of what he says, and that it is said by one which, like in all others, the bond'' which sible dispute or doubt. The only question not too apt to restrict the powers of the States, unites the citizen to his country is the fact that which can be made, bearing directly upon this nor to magnify those of the General Govern- he acknowledges and renders allegiance to its doctrine of public law, is as to how the citizen
In the argument from which I have laws; and yet you have that nation not only may show he discards his allegiance, and how | quoted (Wheaton, 905) he says:
bound to protect them who defy and spurn their the Government may assert its right to forfeit "To suppose that a State can make an alicn a citi- Government and its laws, but also bound to his citizenship. This we shall presently come zen of the State, or confer upon him the right of vot- permit the disloyal States to enact into “suto and consider.
ing, would involve the absurdity of giving him a direct
preme law? that none shall vote for President RELATIONS OF CITIZENSHIP TO SUFFRAGE. Government, from which he has no right to claim
or Congress of the United States but such as I now assert another proposition which in
protection, and to which he has no right to present a have made war upon the United States.
petition. That the full forco of the absurdity may be principle is identical with and must result from felt, it must be borno in mind that overy department
Need I say that a doctrine leading to results the doctrine that "State laws and State legis- | of the General Governinent is cither directly or indi,
like these is not false merely, but utterly shocklation cannot in the nature of things be longer
rectly under the control of the voters in the several || ing?
HOW RIGHTS OF CITIZENSHIP ARE FORFEITED. permitted to define, abridge, or, enlarge the State may confer the right of voting on all aliens, important privilege of citizenship in the United and it will follow as a necessary consequence that we I shall pursue these suggestions no further, States. It is this: they from whom the United
might havenmong our constituents persons who havo but shall assume that there is some way by
not the right to claim the protection of the GovernŞtates may constitutionally withhold or with
which this Government can deprive men whom ment or to present a petition to it. draw the ordinary rights of national citizenship,
“But a still greater difficulty remains. Suppose a it deems unfit to be members of society of such such as the right of petition, of holding land,
war should be declareid between the United States rights of citizenship, and of electors as is deand of protection, cannot, except by the suffer- as aliens, would be liable to be scized under the laws
manded by the public safety. ance of the Government of the United States, of Congress, to have their goods confiscated, and It will be said that the only way within the
themselves sent out of the country. The principle have conferred upon them by the action of the
Government's power to divest persons of the that leads to such consequences cannot be true." States higher and more vital powers and rights
political powers of such citizenship, and of the of controlling the United States Government
Surely Mr. Calhoun must be right. Surely | right to elect the national officers, is to indict, than would be derived by the possession of
the States cannot, if the nation should exercise try, and execute them; and hence that no right mere rights of national citizenship. In other
its right to forbid it, authorize them to elect the can be declared forfeited by a mereactofnational words, those, whether native or foreign, whom
American President and the American Con- sovereignty. In other words, it is alleged that the nation may rightly decline to permit the
gress, who can neither petition the Govern- in cases where the guilt and disloyalty of vast States to endow with citizenship merely, can
ment they elect, demand the protection of the communities of men are open, notorious, connot be endowed by the States except by mere
Government they elect, be required to beararms | fessed, historical, and established by years of sufferance, as I have said, with the infinitely
in favor of the Government which they elect, be persistent, general, and universal war, still their higherattributes of national sovereignty, which,
tried for treason against the Government they | Government is bound to regard them as innoby the elective franchise, selects all the rulers
elect, nor remain, in time of war, in the coun- cent, law-abiding, and patriotic, and worthy to of the lic. Judge Curtis (19 Howard R.,
try whose rulers they elect, and who are, hy a rule the nation unless they are tried by a jury 681) says truly that though
law now in force, declared to be, in time of and executed!
war, the enemies of the Government which they Now, this assertion I meet with a flat denial; "The enjoyment of the cloctive franchise is not essential to citizenship, there can be no doubt it is
elect and required to be driven from the coun- and I assert that it flies into the face of all law, one of the chiefest attributes of citizenship under the try. (See act of 6th July, 1798.)
common, constitutional, and international; of American constitutions; and the just and constitutional possession of this right is decisive evidence of
Mr. Speaker, whether a nation endowed, as all reason, ordinary and extraordinary, and of national citizenship."
we have now seen ours to be, with the high attri- all history, our own and all other nation's. I aver that they to whom the nation has | right to life ; with right to all powers required to choly experience. We have eight million peo
butes of supreme sovereignty—a nation with Look at these. Take our own recentand melanrightly denied the rights of citizenship are ward off danger to that life; with exclusive right || ple, each of whom, with the exception of the thereby denied being deemed a part of the
to confer, define, and control national citizen- women and children, has made war upon his “people of the States' in the sense of the second section of the first article of the Con
ship; with right, if it so choose, to exclude aliens country and forfeited his rights of citizenship
from becoming citizens, and from either elect- and life. Unless secession be legal, then both stitution; and no State can make such men the elector's and rulers of this nation unless,
ing our rulers or demanding our protection until the treason and forfeiture stand confessed by
this nation shall deem them fit to become such; each one of the millions. Now, is it possible as is true in a few States, this be permitted by
whether such a nation may withdraw the power that each of these must be cither convicted and the mere sufferance of the Government. I do of eleeting our rulers from men who have turned not object to this snfferance where loyal men
executed, or else be permitted to be the rulers of enemies of the Government and discarded all this land? Is this great Government, indeed, sc are the recipients of it. Let us see how this is now by the great lights | quiry to which all I have said was directed. If
the duties of citizenship is the momentous in- impotent as this, that in matters of this stuof the law. I first cite Story, (Constitution,
pendous moment, shown to be absolutely vital section 1103,) who, with irresistible force of
it be so that your Government has not this to its existence, it can choose but one of two reason, declares that
power, then, indeed, is it a prodigy of the || things, and either one of which two things
Îvideous, a paragon of deformity, a very mir- carried out, I aflirm, would be fatal to the na"If aliens might be admitted indiscriminately to acle of the monstrous, which has neither tion's life. If it must permit these eight milenjoy all the rights of citizens, at the will of a single Stato, the Union itself might be endangered by the
peer nor proximate in the past of nations. lions who waged four years of war for the influx of foreigners hostile to its institutions, ignorant Look at the spectacle. A
nation's death, and who may profess neither of its forms, and incapable of a due estimation of its ment exclusively creating and controlling alle- penitence, loyalty, or change of purpose, to privileges."
giance and citizenship; but with States in that resume the highest powers of Government Surely, whether the elective franchise be a Government able to enact into supreine laws under laws of disloyal States which exclude right of citizenship or not, there is no other that all who have by acts of treason proved from government all the loyal meu of the State, right so fatally dangerous to be intrusted, “at their purpose to destroy the Government shall then that is national death. If, on the other the will of a single State,” to men not citizens, elect its rulers, and that all who have not done hand, to prevent this you must try, convict, and “hostile to our institutions," as the
this shall not vote for these rulers! You have and execute these millions, that is both national of selecting all the officers of the nation-a a Government with exclasive power to decide dishonor and death. power which Judge Curtis well declares to be whom it will permit to bear from State to State It is no escape from this dilemma to say that the chiefest attribute of citizenship.
the right of abode, of holding land, and of I would convict them and then not execute Again, şir, Chancellor Kent, (Note c, s. p. || exemption from unusual taxes, and yet with them, but grant a partial pardon sparing life, 229, 1 vol. Comm.,) after declaring that in power in the States to declare that none but but forfeiting franchises. That both proposes Ohio the right of suffrage is limited to natural- those whom the Union will not permit to have impossibilities and yields the case-impossiized and natural-born citizens, adds, "And so these lowest rights of citizenship shall elect all || bilities, because no nation ever did, or will, or I think it ought to be in all sound policy; and of the nation's supreme magistrates.
You can, or ever ought to try and convict one the view taken of the subject in the above case have a Congress able to make what the Con- third of its people; and it yields the case, be(Spragins vs. Houghton, 2 Scammon, 377,) by || stitution declares to be “the supreme law of cause if a conditional and partial amnesty, one of the counsel who argued the cause, is a the land," but with power in the States to which spares life but forfeits rights of citizenmasterly argument.'' (See Mr. Butterfield's enact by law that none shall vote in electing || ship, can be granted after conviction, so it can argument approved by Kent, in 2 Scammon, that Congress but they who, by taking part in | before, when the guilt is open and confessed. 882.)
rebellion, have shown that they aim at the 1l (6 Opinions Attorneys General, 20; Sultar's
case, Phil. R., 302.) I am not now to be under- equally participate in its advantages." In which will give a just idea of the character and stood as saying that a Government which as- every definition it is assumed that he is not legal effect of all. sumes to exclude dangerous men from citizen- entitled to be a citizen who does not discharge Two years after the treaty of peace of 1783, ship, or from higher powers than citizenship, the duties which "bind": him to society and | Georgia and South Carolina passed laws forever as the elective franchise, deals with them in entitle him to be "a member of the Govern- || disfranchising them who had made war against punishment of crime, or that in conceding to ment in which he shares its power."
the United States; and Sir George Hammond, such men some rights of citizens, as that of Or take in further proof of this the express the British minister, in his elaborate debate residence, and depriving them of others, as authority of every writer upon public law, all with Mr. Jefferson as to these laws disfranthat of voting, the Government is either pun. of whom, like Vattel, assert the power in the chising and impoverishing these rebels, shows ishing or pardoning crime as such. Such acts sovereign to deprive one of citizenship who that these laws were in force in a majority of are no more a punishment of crime than the will not perform his duties. Professor Felice the States ten years after that treaty, and long exclusion of aliens from the rights of citizens (vol. 1, p. 145) expressly asserts the power of after the adoption of our present Constitution. is a punishment of crime. And to admit such the sovereign to forfeit citizenship, and indeed In 1787, Massachusetts passed a law which, dangerous men to some rights of citizenship, so does every other judicious writer on public || for three years, excluded from voting, holding as that of residing in the country, and of sparlaw.
office, teaching school, and keeping hotel, all ing their lives, is no more an assumption of the
citizens of Massachusetts who had the year President's pardoning power than to permit I now appeal to history. I assert that there before engaged in the insignificant rebellion aliens to reside and own property in the country is not, and never was, a civilized nation in against Massachusetts which was headed by is a pardon. These very same considerations which the sovereign did not both hold and Daniel Shays. Those who had fired on or had prevent such laws from being bills of attainder, exercise the power of forfeiting and taking I wounded any citizen were forever deprived of or of pains and penalties. This I argue not, away, and that by law or edict of the sov- citizenship, as was Shays and his principal ollibecause it is self-evident. You can no more ereign rights of citizenship when its duties were
Afterward some of them who had fired punish and forfeit the property of an alien not recognized or rendered.
upon citizens were permitted to recover their resident of the United States by the enactment Accepting foreign citizenship forfeits all its citizenship. by proving penitence and loyalty, of "attainder,'' or “pains and penalty'' stat- rights in France; and so does taking a foreign and by taking an oath of allegiance. utes, than you can so punish a citizen; and office. (Wheaton, 922.) The same is true in
Mr. IIALE. Will the gentleman permit yet who ever dreamed that the act of July 6, Prussia. (Ib., 922.) One who abandons his again a single question? 1798, banishing such aliens in time of war, country forfeits citizenship in Austria. An
Mr. SHELLABARGER. Yes, sir. was a bill of pains and penalties?
Englishman loses his rights as a British sub- Mr. HALE. Did not every one of those If it be true that our Government can with- ject by adhering to a foreign Power. (Whea- laws to which the gentleman has referred hold from none who are natives of our country ton, 917; 2 Blackstone, 410.) The same is involve the trial, conviction, and sentence of the powers of citizenship, and if it cannot for: the law of Bavaria, of Wurtemburg, of Russia, the persons thus disfranchised before a court feit these powers by act of law and without and of Spain. The same law has been en- of competent jurisdiction ? conviction, when the citizen has openly re- forced again and again by Switzerland, and by
Mr. SHELLABARGER. I answer the gen. nounced and trampled upon his obligations as every other European State ; and that through- || tleman, no, sir. Besides the gentlemen will a citizen, then some of the results would be out all the period of civilized history.
find that one of our naturalization laws, that the following: your Government could not Mr. HALE. Will the gentleman from Ohio
of 29th March, 1790, was repealed, in part, exclude from citizenship the tribes of American Indians, at least not such as pay any tax.
permit me to ask him a question upon the point because it cxcluded from citizenship only those he is now discussing?
6 proscribed by the State laws, and did not And yet that exclusion is as old as the Govern- Mr. SHELLABARGER. Yes, sir.
include, in terms at least, those legally conment. Neither could your Government exclude
Mr. HALE. I desire to inquire whether this
victed.” And the repealing act of 20th Janufrom powers of government pirates, or bands forfeiture of which the gentleman speaks can
ary, 1795, added to those proscribed the other of robbers, or guerrillas, who are natives of
ever operate until office found by a court of class of them convicted, making the clause your country and unconvicted. And yet such competent jurisdiction?
read: “No person heretofore proscribed by men, by the law of nations, are not only not
Mr. SHELLABARGER. I answer the gen
any State, or who has been legally convicted of citizens of any country, but are the declared enemies of the human race, whom any nation tleman that it does take effect by act of the
having joined the arıny of Great Britain,'' &c. sovereign in the enactment of the law or edict,
So the law of 1802, now in force, is. So that may destroy wherever found. Neither could you declare men who flee their || nicating the national will upon that subjectwhiehever may be the channel of commu
either and both classes, the proscribed and the
convicted, are excluded from American citicountry in time of war to escape rendering to it military service to have lost citizenship. matter; and he will so find upon an exam
zenship. ination of the authorities.
Mr. HALE. Then will the gentleman tell Such men you cannot try as criminals, or convict, because your process cannot reach them, l Government has the arbitrary power over the
I have not appealed to these to show that our
me how, under those laws, the fact of having
been engaged in such rebellion was ever to be and besides, the act of forfeiture may be one citizen which is held by the absolute Powers of
ascertained? constituting no defined crime. Then, too, may
Mr. SHELLABARGER. Now, Mr. Speaker, Europe, for it is not so. I appeal to these to Diason, Slidell, Breckinridge, and Wigsall, all show that, during all time, and in every truly
I will state, in answer to that question, that a not only the rights of citizen suitors in
very proper provision in a law upon this subyour courts, but, as has been said before, may | allegiance, and to confer citizenship, and to sovereign State which has the power to demand
ject, in execution of the power for avhich I am demand that all this ration's loyal blood shall detine its duties, whether that State be, like
contending, would be to provide by law that be expended in war to defend their rights and Austria and Russia, an absolute monarchy, or,
wherever one who, coming apparently, within avenge their injuries. like England, a limited one, or, like Switzer
the description of those proscribed, claimed to We have already seen that the highest international authority in the world so expressly || draw the same citizenship from them who perland and Rome, republics, they could also with
be entitled to exercise the prohibited right lie
should be permitted to establish: his right by declares the law when he says that if a citizen formed none of these duties.
proofs. does not "observe his engagements to the Gov.
The two powers of conferring and withdraw.
Now, then, I go on with my argument; and ernment, then the Government is not bound
the gentleman will see as I proceed how to fulfill it, as the contract is reciprocal between ing are in their nature inseparable. society and its members," and that it is on would be a preposterous state of national sov
unimportant are the suggestions he makes. this principle also that society may expel a ereignty that can define by general law what
The power of these States to pass these laws kind of faith, allegiance, and duties done shall
forfeiting the right to vote, and these other meinber who violates its laws.” (Vattel, 106.) alone admit one to become a citizen and to
rights, was, I believe, never disputed in this There is no authority nor judgment of any demand his Government's protection, and yet
discussion with Mr. Jefferson by the British court that does not take for granted and assume that Government be utterly powerless to de
Government. Many of these laws were long as a postulate the very thing I now strive to clare by similar law that the citizenship had
after the treaty. By both the British and Amerestablish, to wit, that nations may exclude ceased when all the duties of citizenship were
ican interpretation of that treaty they who were from all national citizenship, fellowship, and utterly discarded and incorrigible treason was
in the United States at its date, and who adhered rights men whose character is wholly incom
to our Government, thereby became citizens of patible with the enjoyment of such rights: | put in their place.
the United States. These acts of the State Take in proof of this the lcarned opinion of
Legislatures, especially that touching Shays's the Attorney General, Bates, already quoted, I now assert that this very power in question, rebellion, turned them into disfranchised men in which he assumes that if a man's character of withdrawing and withholding either some who never adhered to any foreign Government, “is so incompatible with citizenship that the or all of the rights of citizenship from them nerer were out of the United States, and who, two cannot exist together then he cannot be who renounce their allegiance, has been exer- but for these laws, would have been citizens of a citizen. Or take the definition of what a citi- cised by your Government ever since it was the United States. And yet some of these laws, zen is. I care not whose definition you select. in existence, and by the States before it was a without any trial or conviction, forever disfranYou may take the oldest, as that of Aristotle, Government. There was not a State in which chised them. Some of these laws punished that it is one who “enjoys a due share in the during the war of the Revolution laws were particular individuals by name for specified government of that community of which he is not passed forfeiting rights of citizenship of offenses. These were acts of attainder or of a member," or you may take that of Vattel,
pains and penalties, and such the United States that they are citizens who are members of try. The dates and titles of these acts will be may not now, owing to an express constituthe civil society, bound to this society by cer- found in 1 American State Papers, page 198. tional provision, pass. But such as provided tain duties, and subject to its authority; they I cannot here refer to more than one or two, Il generally for forfeiting citizenship where men
THE UNITED STATES.
had renounced their allegiance, were not bills Jefferson. These acts all expressly provide | law will stand as a practical assertion, exer-
recommending to my fellow-members and to
a law to exclude from the high powers of the Mr. HALE. I take a deep interest in the of showing that it has stood for seventy-seven nation them who, by treason, have become its gentleman's argument, and if he does not take years as an unquestioned and unreversed judg. enemies, and not its citizens, is seen to be estaboffense, I would like to ask him a question. ment of the nation, that it is right and wise lished, nay, sir, irresistibly established, by the
Mr. SHELLABARGER. I will yield to the perpetually to deprive, by mere act of law, and very nature of all government; by the combined gentleman with pleasure.
without trial or conviction for any offense, men forces of reason, justice, and public virtue ; by Mr. HALE. As I understand the drift of the who are open and notorious rebels of all such the very terms, nature, and origin of citizengentleman's argument now, it is that Congress rights and powers of citizenship as the public ship; by the paramount allegiance owed by the may lawfully enact to-day forfeiture of citizen- safety requires to be withheld or forfeited; and people to the Government of the United States ship as a penalty for having been engaged this, too, as against natives of this country who as the “supreme law of the land;': by the prein the rebellion against the Government. I have never left it.
cepts of the international law; by the usages believe I am correct in that understanding. These laws were passed by the men who made of all other civilized nations, and by the unvaThen I submit whether there is not another your Constitution. They have remained upon rying practices of your own. difficulty in the case, which is simply this: your statute-book, and have been enforced Sir, if indeed it be so that all these are not that by another express provision of the Con- throughout every day of your national exist- || enough to establish as among the powers of our stitution, which he has omitted to notice, he To-day they remain there, standing great and beloved but most injured Governis again precluded, for the imposition of a new almost alone now, of all the statutes of our ment, the merest right of self-defense, and if penalty, for any crime whatsoever, committed natal era, witnesses of that strange saga.
indeed the chief architects of that ruin of States, before the passage of the act is expressly and city, genius, and power which conceived and which lies there before you yet, almost unallevi. directly within the definition of an ex post facto planned and reared the awful structures of the ated; if the chief actors of this crime, a crime law; and whether it is not thereby forbidden Republic, and which started that Republic whose infernal shades and glares are, in all the by the Constitution of the United States, just down through the ages upon its career of power | long future, to at once darken and show all as effectually as bills of attainder. I do not and grandeur. There stand these statutes yet, that is bad in human history; if all these chiefs propose to argue or elaborate my suggestion. like sentinels with swords of flame at gate of of human infamy, with blood-drops dripping If to-day we may by legislation enact the pen- Eden, guarding the entrance to our national | from every finger's end, and from each paralty of the loss of citizenship for rebellion or fellowship and power; and like monuments,
ticular hair;'' if these men, unrepentant, undisloyalty, may we not by the same operation too, of the wisdom of the Government's au- || aneled," no reckoning made,'' may stalk back, enact another or different penalty before the thors. These monuments of the nation's ori- not to ordinary rights of citizenship merely, but passage of the act?
gin are now covered with the gray mosses of to the higher, grander powers of electors of this Mr. SHELLABARGER. Mr. Speaker, the near a hundred years, and three generations mighty nation; nay, may come here into the gentleman knows, of course, that no law is ex of the nation's children have passed to the very sanctuary of the nation's life, and to lib. post facto which is not both a criminal law and dead beneath their shade. And still they stand | erty's last retreat, and may come, too, as the one punishing an act in a manner in which it there to-day, their foundations resting upon the rulers of the Republic, and all this in defiance of was not punishable when it was done. But he granites, justice and law, upon which lie, in all power in the Government to forbid it, then, forgets what has so abundantly appeared already eternal repose, the deep foundations of the sir, have the precepts of all reason, all law, alí in what I have said, that the high obligations Republic itself. And all over them, from base morality, all history, all experience, and all of citizenship are not created by criminal laws,
to summit, is written in characters as plain as common justice been discarded in the making but arise out of that reciprocal, civil, and polit. those traced by the fingers of a man's hand of your Government; and then I turn away from ical contract of the common and international over against the candlestick upon the plaster looking at my country's future in anguish, in law which these denominate "allegiance," of the wall of the King's palace,'' that truth, || despair of the Republic. “the bond," " the ligament.” He forgets that upon which all human government is founded, But, Mr. Speaker, it is not so.
Your coun: the obligations of these and the penalties which and upon which stands the government of God, | try and mine has the power to be, and the their violation brings to the violator, all existed that true allegiance and fidelity to Government | Republic will live. when these men discarded their allegiance, and is the only foundation of Government that can Mr. SCOFIELD obtained the floor. that the forfeiture, on their part, of rights then be; and that men fall from citizenship by the Mr. HALE. I ask the gentleman from accrued. For this Government now to accept sin by which fell the angels."
Pennsylvania to yield to me for about five and by law declare that forfeiture thus already But, Mr. Speaker, I quit this presentation
minutes. I do not think I will occupy more accrued, is neither attaching new penalties to of the authorities by pointing my countrymen,
than that. an act nor punishing crime, as such, at all. and you, fellow-members of this House, to the Mr. SCOFIELD. I yield to the gentleman The obligations of citizenship are as old as the last and most terrible years of your life. In on condition that I do not lose my right to the Government; as old as any Government. They those fearful events which have been around floor. arise not at all out of any criminal law. Their you, and when good men had forgotten the Mr. HALE. I do not wish, Mr. Speaker, violation is a violation of civil and political partisan in the patriot, and when they were to put myself in the position of the immortal obligations, and works a forfeiture of the right grasping with the awful energies of despair for | gentleman to whom Goldsmith alluded in his to demand national protection and rights, as the wisest and best means of national existence, "Retaliation,'' who only thought of convin. well where there is no law defining or punish- you have again and again reënacted these prin | cing while others thought of dining, but I do ing the act, either as treason or as any other ciples of the Revolution; and your acts of Con- | beg the privilege of calling the attention of the crime; and also as well where the act of for. gress bear the now immortal signature of your gentleman who has just taken his seat, and fciture is no defined crime (such as abandoning honored and lamented President. Oh, how who has made an argument which for elabocountry to avoid defending it) as where it is lamented now! By mere acts of law you have rateness, learning, and fairness I have seldom treason. When, through Mr. Webster, this confiscated lands ; you have deprived of power heard equaled in this House, and in which I Government withheld from Thresher the rights to hold office; you have deprived of the power have been greatly interested, to one or two of an American citizen to demand the Govern- to vote ; and have wholly forfeited every qual- || points. mient's protection, and thus forfeited the high- ity of citizenship. The act of March 3, 1865, In regard to the proposition I made that the est rights of the citizen, the Government did is an exercise of the very right of forfeiture legislation which he proposes partakes of the not thereby impose new or ex post facto pun- without trial for which I argue. That act nature of an ex post facto law, I submit it is ishment, because that no law existed prohibit- provides that,
not an answer to say simply, that section has ing the acts (which worked the forfeiture) of "All persons who have deserted the military or nothing to do with the case. It is proposed by going abroad and engaging in the Lopez expe. naval service of the United States"
him, as a penalty of treason and rebellion, that dition. Of course these forfeitures by act of And who do not report for duty within a pre- these men shall, by legislation of Congress at law ought never be resorted to except where scribed time
this day, be deprived of certain rights. I say
and their right to become citizens; and such desertorg
Another point; in regard to the statutes passed
and others to which he has alluded, I submit But, sir, I go on.
From the day of its birth Unless somebody shall hereafter appear in to the gentleman, and I know his own fairness to this hour your Government has by acts of the world strong enough to show that to desert will lead him to the same conclusion, that every Congress both asserted and exercised this iden- our armies is a higher offense against the duties one of those laws was prospective in its operatical power for which I argue. These acts bear of citizenship and a plainer relinquishment | tion and not retrospective or retroactive. The date respectively April 14, 1802, and March and forfeiture of its rights than four years of law of 1864, which the gentleman read, about 29, 1790, and were.signed by Washington and war against the nation's existence is, then this I deserters, in which he emphasized the word
"have?' those who have deserted or may their actual traveling expenses to their homes; | Joseph Nock to the Court of Claims. The bill desert! -has that word inserted in it for the which was referred to the Committee on Mili- was read and passed to a second reading, and express purpose of protecting it from the char- tary Affairs and the Militia.
the report was ordered to be printed. acter of a retroactive law. It speaks of those He also presented a petition of citizens of
PUBLIC LANDS IN NEVADA. who shall not return to their allegiance by a Michigan, praying for a grant of land to aid in day fixed, making the prospective commission the construction of a railroad from Saginaw to Mr. STEWART. I am instructed by the of the crime of desertion as the thing to be some point on Lake Michigan, in the direction Committee on Public Lands, to whom was punished, and not the past offense.
of Bay de Noquette, and in the Grand Traverse recommitted the bill (S. No. 215) concerning A single word more and I have done. I region; which was referred to the Committee certain lands granted to the State of Nevada, believe I hold the crimes of rebellion and on Public Lands.
to report it back with amendments. I ask for treason in as great detestation and horror as it Mr. MORGAN. I have received a petition the present consideration of the bill; it is a is possible for a man to do. But there is one from the Chamber of Commerce of the State short one, and is approved by the comunitteo thing that I dread in this country more than of New York, in which they express the opin- | and by the General Land Office. armed rebellion, more than treason, and that ion that the bill (S. No. 233) now before the By unanimous consent, the bill was considis, to see true, honest, loyal, strong men of the Senate of the United States, being a bill in
ered as in Committee of the Whole. nation, like the gentleman from Ohio, (Mr. relation to the appointment of enlisted
The first amendment reported by the ComSHELLABARGER,] in their zeal to put their con- at the Naval Academy, and for other purposes,
mittee on Public Lands was so to amend the demnation upon the crime of treason, override, || is, in the judgment of the chamber, calculated | first section as to make it read as follows: or seek to override, the plain and palpable pro- to improve the character and efficiency of our That tho appropriation by the constitution of tho visions of the Constitution. seamen. They therefore respectfully ask Con
State of Novada to educational purposes of the five I regret that I am not prepared to go through gress to enact that bill into à law. I ask its | by the law of September 4, 1841, for purposes of inter
hundred thousand acres of land granted to said Stato with the gentleman's argument and point out reference to the Committee on Naval Affairs. nal improvement is hereby approved and confirmed. where it seems to me he has departed from the It was so referred.
The amendment was agreed to. true constitutional ground. I hope to be able Mr. HOWE presented a petition of citizens The next amendment was in the third line to make that effort at some early day.
of Columbia county, Wisconsin, praying for an of the second section to insert the word Mr. SCOFIELD resumed the floor, but || increase of the duties on wool imported into
hereby” before "granted;" so as to make yielded to this country; which was referred to the Com
the section read: Mr. WARNER, who moved that the House mittee on linance.
SEC. 2. And be it further enacted, That land equal do now adjourn.
He also presented a memorial of the common in amount to seventy-two entire sections, for the The motion was agreed to; and accordingly | council of the city of Green Bay, a petition of establishment and maintenance of a university in (at five o'clock and twenty-five minutes p. m.) citizens of Green Bay, and also a petition of
said State, is hereby granted to the State of Nevada. the House adjourned. citizens of Appleton, in the State of Wisconsin,
The amendment was agreed to. praying for the improvement of the harbor at The next amendment was to strike out the PETITIONS, ETC. the mouth of Fox river, in that State ; which
anno domini" in the second line of The following petitions, &c., were presented under
were referred to the Committee on Commerce. the third section, so as to make that section the rulo and referred to the appropriate committees : Mr. HENDRICKS presented a petition of read as follows:
By Mr. DELANO: The petition of L. C, Vernon, mechanics and laborers of Indianapolis, Indi- SEC.3. And be it further enacted, That the grant mado M. D., and others, of Muskingum county, Ohio,
by law of the 2d day of July, 1802, to each State, of asking a revision of duties on foreign drugs and ana, setting forth that the present tariff does
land equal to thirty thousand acres for each of its medicines.
not afford them sufficient protection, and pray, Senators and Representatives in Congress, is extended Also, the petition of William Wolffe, and Henry || ing that the duties on imports may be increased to the State of Novada; and the diversion of the proHowe, and 200 others, citizens of Ohio, praying an so as to afford better protection to American | agriculture and mechanic arts to that of the theory
ceeds of these lands in Nevada from the toaching of increased duty on foreign wools, and the protection of the wool-growers of the country.
industry; which was referred to the Committee and practice of mining is allowed and authorized withBy Mr.WILLIAMS: The petition of wool-growers on Finance.
out causing a forfeiture of said grant. of Butler county, Pennsylvania, asking for increase Mr. VAN WINKLE presented the petition The amendment was agreed to. of duty on foreign wools.
of John Gordon, praying compensation for The next amendment was to strike out the
services rendered as messenger in the Post IN SENATE.
fourth section of the bill, and in lieu of it to Office Department; which was referred to the
insert the following:
Sec. 4. And be it further enacted, That the President
sent of the Senato, shall be, and he is hercby, authorT. H. W. Monroe, praying for compensation shall locate his office at such place as tho Secretary
ized to appoint a surveyor gencral for Nevada, who approved. EXECUTIVE COMMUNICATIONS.
for services rendered by her husband as chap- of the Interior shall from time to time direct, whoso
lain in East Washington Methodist Episcopal compensation shall be $3,000 per annum, and whoso The PRESIDENT pro tempore laid before church hospital; which was referred to the
duties, powers, obligations, responsibilities and allow. the Senate a message from the President of the
ances for clerk hire, office rent, fuel, and incidental Committee on Claims.
expenses shall be tho same as those of tho surveyor United States, transmitting, in answer to the resolution of the Senate of the 8th of January | citizens of Blue Earth county, Minnesota, pray.
Mr. RAMSEY presented two petitions of
general of Oregon, under the direction of the Secretary of the Interior, and such instructions as he may
from time to time deem it advisable to give him. last, a communication from the Secretary of War, covering copies of the correspondence ing for an equalization of bounties to volun
The amendment was agreed to. teers in the late war; which were referred to respecting General Order No. 17, issued by the the Committee on Military Affairs and the
The next amendment was to strike out the commander of the department of California, Militia.
fifth section, and in lieu of it to insert the foland also the Attorney General's opinion as to the question whether the order involves a breach || Secretary of the Treasury, addressed to the
Mr. SHERMAN presented a letter from the lowing:
Sec. 5. And be it further enacted, That in extending of neutrality toward Mexico; which was or.
tho surveys of the public lands in the State of Nechairman of the Committee on Finance, comdered to lie on the table, and be printed.
vada, the Secretary of the Interior may, in his discremunicating a statement relative to the appor. tion, vary the lines of the subdivisions from a rectPETITIONS AND MEMORIALS. tionment of the national currency; which was
angular form, to suit the circumstances of the country;
but in all cases lands valuable for mines of gold, silver, Mr. SUMNER. I offer the petition of Mary ordered to be printed.
quicksilver, or copper shall be reserved from sale. Johnson, of Norfolk, in Virginia, in which she
PRINTING OF A BILL.
The amendment was agreed to. sets forth sundry losses growing out of the On motion of Mr. WILSON, it was
The next amendment was to add the followrebellion, and asks that Congress will take her
Ordered, That the bill (S. No. 207) to provide for
ing as a new section: case into consideration and provide some in- the equalization of the bounties to soldiers in the lato Sec. 6. And be it further enacted, That until the Stato demnity for her. I move the reference of the war of rebellion be printed.
of Nevada shall have received her full quota of lands petition to the Committee on Claims.
named in the first, second, and third sections of this REPORTS OF COMMITTEES.
act, the public lands in that State shall not be subject The motion was agreed to.
Mr. ANTHONY, from the Committee on
to entry, sale, or location under any law of the UniMr. SUMNER. I also offer the petition of || Printing, to whom was referred a joint resolu
ted States or any scrip or warrants issued in pursu.
ance of any such law except the homestead act of F. C. Treadwell, sr., who will be remembered
tion (S. R. No. 63) to authorize the Secretary May 20, 1862, and acts amendatory thereto, but shall by many in former years as a lecturer on the of the Interior to exchange or dispose of cer
be reserved exclusively for entry and sale by the said Constitution of the United States, and an emi
State for tho period of two years after such survey tain odd volumes of congressional documents, shall have been made. nent jurist, in which he calls upon Congress to and other odd volumes, reported it with amendextend the right of suffrage to every person
The amendment was agreed to. ments. eligible to an elective office in the Union, and Mr. RAMSEY, from the Committee on Post
The bill was reported to the Senate as insists that the power of Congress on that Offices and Post Roads, to whom was referred
amended, and the amendments were concurred matter is complete. I move the reference of the petition of Joseph Nock, praying for the
in. The bill was ordered to be engrossed for this petition to the joint committee on reconpayment to him of damages arising from the
a third reading, was read the third time, and struction.
annulling of his contract for supplying the Post | passed. The motion was agreed to.
BILLS INTRODUCED. Office Department with mail locks and key, and Mr. CHANDLER presented a petition of also for the use of his patent for the construc- Mr. WADE asked, and by unanimous conthe members of the first Michigan cavalry, pray
tion of mail locks, submitted a report accom- sent obtained, leave to introduce a bill (S. No. ing that soldiers discharged in Utah Territory, | panied by a joint resolution (S. R. No. 71) re- 280). to repeal an act entitled "An act to retroand not furnished transportation, inay be paid || ferring the petition and papers in the case of cede the county of Alexandria, in the District