Mr. DAVIS. Well, sir, if that decision had never been rendered I think the proposition that they were not citizens and would not be entitled to vote is just as strong. I ask the honorable Senator if Congress can make a citizen at all. I say Congress cannot. Congress has no power to make a citizen. If congress has the power to make a citizen, it has t ie power under the constitution. Will the honorable Senfrom Maryland or the honorable Senfrom Illinois read me the provision of the constitution that authorizes Congress to make a citizen, or refer me to it? The only power of Congress over that subject is contained in these words: JLCongress shall have powerto adopt a uniform rule of naturalization.” Congress may create the rule; it may prescribe the authority to make a citizen; but it cannot exercise that power itself. Congress may establish courts inferior to the Supreme Court; but thatdoes not authorize Congress to adjudge cases, or to exercise any of the judicial power of the Government. It may create triuualsthat the constitution authorizesto administer those powers; but the faculty and the power of Congress to organize those tribu nals does not authorize Congress bdo the acts of adjudication or of administration which these functionaries. after they are organized by congress, are authorized by the constitution to execute. I say it would be just as legitimate and as constitutional for Congress, under its power to pass laws establishing courts subordinate to the Supreme Court, to assume the prerogative of deciding the causes which those inferior courts may decide after Congress has organized them; and this position is so absurd that a mere statement of it must, to the mind of the honorable Senator himself, lead to a refutation of his proposition. Congress has no power to make a citizen. Every particle of power which Congress has on the subject is to establish a uniform rule of naturalization. When Congress has established that uniform rule of naturalization which it has done, and the power has been exercised under the Government almost from its foundation the authority of Congress is exhausted; it has no further power whatever over the question of naturalization or citizenship. I conceded the otherday that the treatymaking power, when it acquired foreign territory with inhabitants, and nose inhabitants chose to remain on and after the transfer of the territory to the U.S., was, by necessary implication, clothed with the faculty of making a citizen. When the constitution itself has said by express words and by necessary implication how citizens may be made, when the constitution has provided that they can be made only in 2 ways, I assume it as an undoubted constitutional principle that they cannot be made in any other. They may be made by treaty acquiring territory with inhabitants, or they may be made according to the uniform rule of naturalization which Congress is authorized by the constitution to establish; and they cannot be made in any other way. It has been assumed here by various gentlemen, and I believe by my learned and most respected friendfrom Maryland, that any person, be he of what race or color he may, born within the U.S., is by the effect and operation of our constitution made a citizen. If that principle be true now, it was always true since the adoption of the constitution, it is true in relation to the Indian, it is true in relation to the negro, it is true in relation to the slave negro as well as the free negro. There were free negroes born in the New lang land States and in Pennsylvania and NewYork 70 or 80 years ago. When was it ever before claimed in the Senate of the U.S., or anywhere in this broad land, forthose negroes born from free negro parents, that they were citizens?