Senator Howard, of Michigan, supported the bill in a speech of great
force from the humanitarian point of view, but did not dwell upon the
constitutional question, except to affirm that he, as a member of the
Judiciary Committee which had reported the Thirteenth Amendment, had
intended, by the second clause thereof, to empower Congress to enact
such measures as the pending Civil Rights Bill.
Garrett Davis, of Kentucky, contended that negroes could not be made
citizens of the United States under the power granted to Congress to
pass naturalization laws, since naturalization applied only to
foreigners. Negroes born in this country were not foreigners.
Trumbull replied that free negroes were citizens under the fourth
article of the Confederation, prior to the adoption of the Constitution
and that an attempt to exclude them from citizenship on the 25th of
June, 1778, received only two votes in the Congress of the
Confederation. He quoted a decision of Judge Gaston, of North Carolina,
that free negroes born in that state were citizens of the state and that
slaves manumitted there became citizens by the fact of manumission.
Reverdy Johnson held that it was as competent for Congress to strike out
the word "white" from our naturalization law as it had been for a former
Congress to insert that word. In that case a negro migrating from Africa
to the United States might be made a citizen exactly like an immigrant
from Europe.
Garrett Davis denied this, saying:
This is a government and a political organization by white
people. It is a principle of that Government and that
organization, before and below the Constitution, that nobody
but white people are or can be parties to it.
The colloquy between Senators Johnson and Davis continued until the
latter affirmed that the making of negroes citizens by any process
whatsoever was "revolutionary," as destructive to our Government as
would be a bill establishing a monarchy, or declaring that the President
should hold office for life.[89]
The debate continued till February 2, Senators Guthrie, Hendricks, and
Cowan opposing the bill and Trumbull, Fessenden, and Wilson supporting
it. The vote was then taken and resulted, yeas 33, nays 12, absent 5. It
went to the House, where it encountered unexpected opposition from
Bingham, of Ohio, a radical Republican, who said:
Public-domain text, read in full here on John Shaqi.
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