Mr. VANWINKLE. Mr. President, when I interrupted the chairman of the ComJudiciary yesterda to make an inquiry, I made it in entire good aith, and for the purpose of eliciting information on the subject in order that I might know how to vote on this amendment. had believed, and had avowed that belief on this floor in April, 1864, thatpersons of African descent in this country were not citizens of the U.S.; and With the permission of the Senate I will read an extract from my speech at that time as giving the reasons for that opinion. I said then: “I ask. 1st, whether personsof the negro race are or indeedean be citizens of the U.S. without a constitutional amendment? Most ccrtaiul they were not counted among we the people who established the national constitution, nor were they at that time, so farus I am informed, admitted to exer gitseftho rights and privileges of citizenship in any I! o. could not obtain passports to foreign countries from the State Dept. These are contemporaneous interpretations of; the constitution which cannot be disregarded. At various periods since and in many instances the courts of the States, and of the U.S., have decided that they are not citizens. The constitution of Indiana, and the laws of several States, forbid them to comewithin their borders for permanent residence, which prohibitions would be of no effect if they are citizens. Whatever privileges individual States, inn accord to them they cannot make them citizens of the U.S. so as to be entitled to all privileges and immunities of citizens in the several States. They are not citizens by birth, for the common law of England is not offorce under the national constitution. That they cannot bemade citizens by incidentally calling them such in an act of Congress is palpable. Whether that bodycan make, them citizens by an notpassedforthe purpose is, perhaps, doubtful. Their position is certainly anomalous, but there is no more perfect rit possessedby communities and societies of every d than that of exrluding from citizenship or membershipInch perms as they deem proper.” hat I may not be mistaken in regard to what I mean by a citizen, I will say that I mean by that term one who is an integer of the body poflitic or community. By that it will be perceived I include only those who go to make up 4 From the foundation of the Govorninent. they. the nation. There may be residing among any people those who, under the English law, are called denizens, or there may be aliens not naturalized, or aliens who are there for temporary purposes; or, taking the 1st Ho clauses, aliens who have come here with a determination to remain here, or those who are entitled to the claim of denizens, although they go to make up the body of the people, yet they are not citizens of the State or country. I am confirined in the belief which I have entertained on this subject by the fact that in another art of this Capitol within 2 weeks past two bills have been introduced proposin to declare these people citizens of the U.S; and now that the chairman of the ComJudiciary, with, I resume, the a probation of that committee, as madea similar proposition in this body, it certainly yields the point that they are not citizens, and my doubts on the subject, so far as I entertained them, have been removed. I think; sir, that we have now at last got to the beginning of all these questions in reference to the negro race. I think it needsa constitutional amendment to make these peoplecitizens of the U.S. I am not sa " with the reasons given by the Senfrom Illinois yesterday for doing it under the clause of the constitution authorizing congress to pass Uniform law; of naturalization. I think it is one of the gravest Subjects that ever could be submitted to the people of the U.S., and it involves not only the negro race, but other inferior races that are now settling on our Pacific coast, and perhaps involves a future immigration to this country of which we have no concetion, for a bill has been introduced at the other end of the Capitol to strike out the word “white” from the naturalization laws, so that we may expect to have an influx here of all sorts o people from all countries. I need not pause to say that this would be detrimental to the best interests of our chuntry. I am willing to receive among us, and always have been, those from other countries who are calculated to make good citizens. I am not and never have been willing to receive. if the discrimination could be made, those whose mixture with our race, whether they are white or black, could only tend to the deterioration of the mass; and I avow myself now as opposed to the amendment which is now before the Senate for the reasons that I have already stated. Here let me say before proceeding further, that if by authoritative action of the people of the U.S., by the deliberate exression of those who may be properly charge to express their voice in relation to this matter. it should be declared that these persons of African descent or of foreign races are citizens of i the U.S., I should feel very different about the vote that I might give in relation to the subject in my own State. I believe therel are certain fundamental and eternal principles that lie at the foundation of societ; and if you make these people citizens of the H U.S., I should feel that they were entitled to the right of suffrage. Of course, this must be governed by circumstances of various kinds, sot int some restrictions may be placed upon them as we place restrictions upon others. I entertain what peih s may be deemed. peculiar ideas in referenc, to the condition of society, which I have somewhat announced in the extract thatI have already read. I do not believe one word of what the chairman of the Judicia Committee read from Blackstone yesterday. think it is mere twaddle, and if closely examined will be so pronounced by every one who gives sufficient attention to the subject. I cannot conceive of a state of nature such as is spoken of there. I know not of people entering into societ. It is never done and never has been done. list I do think I know is this: I believe the constitution of society was given to man by the Creator at the time it was instituted, and that whatever conditions were imposed at that time are those to which men Should endeavor to live up. We hear a great deal about the sentence from 498 January 30, the Declaration ofIndependence that “all men are created equal.” I am willing to admit that all men are created equal, but how are they equal? Can a citizen of France, for instance, by going Gito England be entitled to all the rights of a citizen of that country, or by coming into this country acquire all the rights of an American, unless he is naturalized? Can a citizen of our country by oing into any other become entitled tot c rights of a citizen there? If not, it may he said that they are not equal. I believe that the division of men into separate communities and their living in society an association with their fellows, as they do, are both divine institutions, and that, consequentl, the authors of the DeclarIndep could have meant nothing more than that the rights of citizens of any, community are equal to the rights of all other citizens of that communitv. Whenever all communities are conducted in accordance with these principles, these very conditions of their prosperous existence, then all mankind will be equal, each enjoying his equality in his own communit, and not till then. Therefore, I asserted in the speech from which I have already read, that there was no right that could be exercised by any community of society more perfect than that of excluding from citizenship or membership those who were objectionable. If a little society is formed for a bencvolent, literary, or any other purpose, the members immediately exercise, and claim the right to exercise that right; they determine who shall come into their community. We have the right to determine who shall be members of our community, and much as has been said here about what God has done, and about our obligations to the Almighty in reference to this matter, I do not see where it comes in that we are bean to receive into our community those whose mingling with us might be detrimental to our interests. I do not believe that a superior race is bound to receive among it those of an inferior race if the minglin of them can only tend to the detriment of the moss. I do not mean strict miscegenation, but I mean the mingling of 2 races in society, associating from time to time with each other. I am speaking without immediate preparation. I did not suppose that this subject would have come before us as soon as yesterday, nor did I suppose that this matter would have come to a vote today. I have stated plainly the ideas which have led me to the conclusion that We have a right to exclude these people and all other people of the inferior races Iiom becoming citizens, if we so choose. I have said as much as I need any as to the propriety of doing so. On that subject every Senator must judge for himself. But I must say that, in my opinion, notwithstanding the remarks made by the chairman of the ComJudiciary yesterday, the mode in which it is proposed to effect this object is neither constitutional nor legal. I do not think that the clause that is proposed to be introduced into this bill, providing that persons of African descent are and shall be hereafter citizens of this country, is sulficientto do it. If they are not, all seems to be admitted on all hands, at this time citizensof the U.S., they must be got in under some authority of the constitution. The gentleman points as to the clause authorizing naturalization. I was mistaken yesterday in sayin that the language of the constitution GXPTCSSY aplied to the naturalization of foreigners; but apprehend from the term used that [was not wren in the conclusion that that clause was intended to apply to foreigners only. Be that as it may, however, the clause of the constitution is that there shall be a uniform rule on the subject of naturalization. I cannot say that I know of any decision as to the force of that word “uniform.” Taking it, however, in its ordinary acceptation, it would seem to mean this at. least, with other things, perhaps, that the laws in reference to the naturalization of all persons should be Uniform. We have laws in force for the naturalization of foreigners; and I would remind the this proposition. I chairman of the committee that the case he cited of the Stockbridge Indians was also the naturalization of foreigners; for we hold the Indian tribes to be quasi foreign nations; we, at least, make treaties with them, which are confirmed by this body. The laws of naturalization as they stand require a notice to be given and a renunciation of the allegiance to all foreign Powers, and require that notice to be given, I believe, 2 years before the application is made; but there is no provision of that sort in I should be very willing to have the question submitted in some form to the people of the U.S., whether they desire to admit to citizenship this class of persons; and I do not confine it to the African race alone, butI include the races on the Pacific coast that! have alreadymentioned, and others to whom it is proposed to open the doors. I would like to see it tested by a fair vote of the people of the U.S. whethertheyarewilling that these piebald races from every quarter shall come in and be citizens. with them in this country, and enjoy the privileges which they are now enjoyingas such citizens. I think it would not be fair to bringin an amendment to the constitution proposing to make them citizens, with aview to an mitting it to the Legislatures now in session; and therefore I should Prefer, if any such provision is to be introduced and passed, that it should go to the conventions of the people, or, atleast, thatit should be so timed that it would go before the Legislatures to be elected in the coming summer or fall, so that the voice of the people. may be expressed upon it. If that voice shall be in favor of it, if th majority of the people of the U.S shall declare that these people are citizens, I shall be among the 1st to endeavor to do my whole duty toward them by recognizing them as citizens in A every respect. I refused to join the American party at the time of its 1st formation because? thought it discriminated between naturalized citizens and native citizens. However much I might disapprove of the naturalization law previously to that time, I felt that while thatwas the law, and while these people were admitted under the law, th all. the rights and privileges and the same treatmeutasother citizens; and if these dusky people shall also be adnliited to the rights of citizenship in such a way as believecontains a fair. ession of the people, and is according to the Constitution; I pledge myself to treat them in the some way that Lives (lispDSEd to treat our naturalized citizens. I think, sir, that this subject is one of great importance; I think it is one of the most im, portant we have ever had before as growing out of (if this may he said to grow out of) the war; and I trust that at least it will not be passed through this Senate in a hurry or without due examination. There are others here much more capable of doing justice to this subject on the one side and the other than I am, who, I hope, will let us hear from them, and give us their views in relation to it.