The Congressional Globe: Containing the Debates and Proceedings of the First Session of the Thirty-Ninth Congress Page: 2,890
This book is part of the collection entitled: Congressional Globe and was provided to UNT Digital Library by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
2890
THE CONGRESSIONAL GLOBE.
May 30,
The motion was agreed to; and Messrs.
"Wilson, Anthony, and Hendricks were ap-
pointed conferees on the part of the Senate.
fortification appropriation bill.
The Senate proceeded to consider its amend-
ment to the bill (H. R. No. 255) making ap-
propriations for the construction, preservation,
and repair of certain fortifications and other
works of defense for the year ending June 30,
1867, which was disagreed to by the House of
Representatives.
Mr. FESSENDEN. I move that the Sen-
ate insist on its amendment, and agree to the
conference asked by the House.
The motion was agreed to; and Messrs.
Morgan, Morkill, and Saclsbury were ap-
pointed conferees on the part of the Senate.
women's hospital.
Mr. MORRILL. There is a bill on the table
which comes from the House of Representa-
tives amended. I desire to call it up and
concur in the amendments. It is Senate bill
No. 167, to incorporate the Women's Hospital
Association of the District of Columbia.
Mr. HOWARD. It is very nearly one
o'clock, and I hope the joint resolution to
amend the Constitution will be taken up.
Mr. MORRILL. This is pending simply on
a question of concurring in the amendments
made by the House to a bill of the Senate, and
will not occupy two minutes.
Mr. HOWARD. If it does not go beyond
one o'clock I shall not object.
Mr. MORRILL. Let it come up. I move
to take it up.
The motion was agreed to; and the Senate
proceeded to consider the amendments of the
House of Representatives to the bill (S. No.
167) to incorporate the Women's Hospital As-
sociation of the District of Columbia.
The PRESIDENT pro tempore. The first
amendment of the House has already been con-
curred in.
The Secretary read the second amendment
of the House of Representatives, which was in
the first section, line three, after the name
"Adelaide .T. Brown," to strike out all the
names to and including that of "Mary K.
Lewis," in line seven, except that of " Mary
W. Kelly," and to insert " Elmira W. Knap,
Mary C. Havermer, Mary Ellen Norment, Jane
Thompson, Maria L. Harkness, Isabella Mar-
garet Washington, and Mary F. Smith:"
Mr. MORRILL. I move that the Senate
concur in that amendment.
The motion was agreed to.
The next amendment was after the word
" Columbia," at the end of section one, to add
"by the name of the Columbia Hospital for
Women and Lying-in Asylum."
Mr. MORRILL. I move that the Senate
concur in that amendment.
The motion was agreed to.
The next amendment was in section two,
line two to strike out the word "twelve" and
insert " twenty-four" as the number of direct-
ors.
The amendment was concurred in.
The next amendment was in section three,
after the word "directors" at the end of line
three to insert "to consist of the first twelve
of the above-named incorporators."
The amendment was concurred in.
The next amendment was in section four,
line one, after the word "the" to insert "first
twelve."
The amendment was concurred in.
The next amendment was in section five,
after the word "Women" in line three, to
insert "and Lying-in Asylum."
The amendment was concurred in.
The next amendment was in section five,
line four, after the word "with" to insert
"board, lodging."
The amendment was concurred in.
The PRESlDENTpro tempore. The amend-
ments are completed.
DEATH OF GENERAL SCOTT.
The PRESIDENT pro tempore laid before
the Senate the following message from the
President of the United States :
To the Senate and House of Representatives:
With sincere regret I announce to Congress
that Winfield Scott, late lieutenant general in
the Army of the United States, departed this
life at West Point, in the State of New York, on
the 29th day of Slay instant, at eleven o'clock
in the forenoon. I feel well assured that Con-
gress will share in the grief of the nation which
must result from its bereavement of a citizen
whose high fame is identified w^h the military
history of the Republic.
ANDREW JOHNSON.
Washington, May 30, 1806.
Mr. WILSON. I offer the following reso-
lution :
Resolved by the Senate, (the House of Representa-
tives concurring,) That the Committee on Military
Affairs and the Militia of the Senate and the Com-
mittee on Military Affairs of the House of Represent-
atives, be, and they are hereby, appointed a joint
committee of the two Houses of Congress to take into
consideration the message of the President of tho
United States announcing to Conprress the death of
Lieutenant General Winfield Scott, and to report
what method should be adopted by Congress to man-
ifest their appreciation of the high character, tried
patriotism, and distinguished public services of Lieu-
tenant General Winfield Scott, and their deep sensi-
bility upon the announcement of his death.
There being no objection, the Senate pro-
ceeded to consider the resolution ; and it was
adopted unanimously. t
Mr. WILSON. As this committee is to be
a joint one, and the resolution will have to be
acted on by the House of Representatives, I
move, for the present, that the message of the
President be laid upon the table, and printed.
The motion was agreed to.
RECONSTIUICTION.
Mr. HOWARD. I now move to take up
House joint resolution No. 127.
The motion was agreed to; and the Senate,
as in Committee of the Whole, resumed the
«onsideration of the joint resolution (H. R.
No. 127) proposing an amendment to the Con-
stitution of the United States.
The PRESIDENT pro tempore. The ques-
tion is on the amendments proposed by the
Senator from Michigan, [Mr. Howard.]
Mr. HOWARD. The first amendment is to
section one, declaring that " all persons born
in the United States, and subject to the juris-
diction thereof, are citizens of the United
States and of the States wherein they reside."
I do not propose to say anything on that sub-
ject except that the question of citizenship has
been so fully discussed in this body as not to
need any further elucidation, in my opinion.
This amendment which I have offered is simply
declaratory of what I regard as the law of the
land already, that every person born within the
limits of the United States, and subject to their
jurisdiction, is by virtue of natural law and
national law a citizen of the United States.
This will not, of course, include persons born
in the United States who are foreigners, aliens,
who belong to the families of embassadors or
foreign ministers accredited to the Govern-
ment of the United States, but will include
every other class of persons. It settles the
great question of citizenship and removes all
doubt as to what persons are or are not citi-
zens of the United States. This has long been
a great desideratum in the jurisprudence and
legislation of this country.
The PRESIDENT pro tempore. The first
amendment proposed by the Senator from
Michigan will be read.
The Secretary read the amendment, which
was in line nine, after the words "section
one," to insert:
All persons born in the United States, and subject
to the jurisdiction thereof, are citizens of the United
States and of the States wherein they reside.
So that the scetion will read :
Sec. 1. A11 persons born in the United States, and
subject to the jurisdiction thereof, are citizens of the
United States and of the States wherein they resido.
No State shall make or enforce any law which shall
abridge tho privileges or immunities of citizens of
the United States, nor shall any State deprive any
person of life, liberty, or property, without duo pro-
cess of law, nor deny to any person within its juris-
diction tho equal protection of the laws.
Mr. DOOLITTLE. I presume the honor-
able Senator from Michigan dpes not intend
by this amendment to include the Indians. I
move, therefore, to amend the amendment—I
presume he will have no objection to jt—by
inserting after the word " thereof the words
'' excluding Indians not taxed.'' The amend-
ment would then read:
All persons born in tho United States, and subject
to the jurisdiction thereof, excluding Indians not
taxed, are citizens of the United States and of the
States wherein they reside.
Mr. HOWARD. I hope that amendment
to the amendment will not be adopted. Indians
born within the limits of the United States,
and who maintain their tribal relations, are not,
in the sense of this amendment, born subject
to the jurisdiction of the United States. They
are regarded, and always have been in our
legislation and jurisprudence, as being quasi
foreign nations.
Mr. COWAN. The honorable Senator from
Michigan has given this subject, I have no
do'ubt, a good deal of his attention, and I am
really desirous to have a legal definition of
"citizenship of the United States." What
does it mean ? What is its length and breadth ?
I would be glad if the honorable Senator in
good earnest would favor us with some such
definition. Is the child of the Chinese immi-
grant in California a citizen? Is the child of
a Gypsy born in Pennsylvania a citizen? If
so, what rights have they? Have they any
more rights than a sojourner in the United
States? If a traveler comes here from Ethio-
pia, from Australia, or from Great Britain, he
is entitled, to a certain extent, to the protec-
tion of the laws. You cannot murder him with
impunity. It is murder to kill him, the same
as it is to kill another man. You cannot com-
mit an assault and battery on him, I appre-
hend. He has a right to the protection of the
laws ; but he is not a citizen in the ordinary
acceptation of the word.
It is perfectly clear that tho mere fact that a
man is born in the country has not heretofore
entitled him to the right to exercise political
power. He is not entitled, by virtue of that,
to be an elector. An elector is one who is
chosen by the people to perform that function,
just the same as an officer is one chosen by
the people to exercise the franchises of an
office. Now. I should like to know, because
really I have been puzzled for a long while and
have been unable to determine exactly, either
from conversation with those who ought, to
know, who have given this subject their atten-
tion, or from the decisions of the Supreme
Court, the lines and boundaries which circum-
scribe that phrase, "citizen of the United
States." What is it?
So far as the courts and the administration
of the laws arc concerned, I have supposed
that every human being within their jurisdic-
tion was in one sense of the word a citizen,
that is, a person entitled to protection ; but in
so far as the right to hold property, particu-
larly the right to acquire title to real estate,
was concerned, that was a subject entirely
within the control of the States. It has been
so considered in the State of Pennsylvania;
and aliens and others who acknowledge no
allegiance, either to the State or to the Gen-
eral Government, may be limited and circum-
scribed in that particular. I have supposed,
further, that it was essential to the existence of
society itself, and particularly essential to the
existence of a free State, that it should have
the power, not only of declaring who should
exercise political power within its boundaries,
but that if it wore overrun by another and a
different race, it would have the right to abso-
lutely expel them. I do not know that there
is any danger to many of the States in this
Union; but is it proposed that the people of Cal-
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
United States. Congress. The Congressional Globe: Containing the Debates and Proceedings of the First Session of the Thirty-Ninth Congress, book, 1866; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30867/m1/12/: accessed November 10, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.