but
it was not the opinion of the court, and an examination of the entire
opinion, which is very lengthy, would perhaps not sustain the precise
principles the Senator from Maryland laid down. But, sir, I have
another authority which I think of equal weight with that of Judge
Curtis--not pronounced in a judicial tribunal it is true, but by one
of the most eminent members of the bar in this nation; I may say by a
gentleman who stands at the head of the bar in America at this
time--an opinion pronounced, too, in the exercise of official duties;
and I propose to read a few sentences from that opinion, for it is to
be found reported in the Congressional Globe containing the
proceedings of this body less than ninety days ago. This is the
language:
"'While they [negroes] were slaves, it was a very different
question; but now, when slavery is terminated, and by
terminating it you have got rid of the only obstacle in the
way of citizenship, two questions arise: first, Whether that
fact itself does not make them citizens? Before they were
not citizens, because of slavery, and only because of
slavery. Slavery abolished, why are they not just as much
citizens as they would have been had slavery never existed?
My opinion is that they become citizens, and I hold that
opinion so strongly that I should consider it unnecessary to
legislate on the subject at all, as far as that class is
concerned, but for the ruling of the Supreme Court, to which
I have adverted.'
"Sir, that opinion was held by the honorable Senator from Maryland who
made this speech to-day. He holds the opinion so strongly now that
slavery is abolished, which was the only obstacle in the way of their
being citizens, that he would want no legislation on the subject but
for the Dred Scott decision! What further did the Senator from
Maryland say less than ninety days ago? It is possible, doubtless--it
is not only possible but it is certainly true--that the Senator from
Maryland, by reading the conclusive arguments of the Veto Message in
regard to Chinese and Gypsies, has discovered that he was in error
ninety days ago. I by no means mean to impute any wrong motive to the
Senator from Maryland, but simply to ask that he will pardon me if I
have not been able to see the conclusive reasoning of the Veto
Message."
After quoting still further from Mr. Johnson's speech, made on a
previous occasion, Mr. Tr
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