American History – June 2019

(John Hannent) #1

JUNE 2019 31


he Civil War brought freedom to four million


enslaved people. However, in January 1866,


the meaning of that freedom under the law


remained nebulous. The 13th Amendment, which states had


ratified in December 1865, outlawed slavery. In 1857, how-


ever, the U.S. Supreme Court had in Scott v. Sandford denied


citizenship to African-Americans, even those born in the


United States. To Senator Lyman Trumbull (R-Illinois), the


status quo—freedom without citizenship—smacked of con-


tinued involuntary servitude. The formerly enslaved born in


America deserved birthright citizenship, the same as any


white American enjoyed, Trumbull reasoned, and he vowed


to make that reasoning a reality.


On January 5, 1866, Trumbull introduced S-61, a bill to


grant citizenship to all freed slaves born in the United States.


He expected Congress to pass this bill, formally known as


“An Act to protect all Persons in the United States in their


Civil Rights, and furnish the Means of their Vindication,” and


President Andrew Johnson to sign it into law.


However, citizenship proved a more divisive issue than


Trumbull had envisioned, and in a controversy with echoes


into the present, Congress spent months heatedly debating


who deserves to be an American.


Initially, the concept of American citizenship was unset-


tled. Foreign-born immigrants became citizens by natural-


ization, a process the first Congress codified in 1790 that was


limited to white persons and activated only after a five-year


wait. Immigrants’ children born in the United States, how-


ever, enjoyed citizenship by virtue of jus soli, “right of the


soil,” regardless of parental nationality. Jus soli, also called


birthright citizenship, had originated in England and had


NATIONAL ARCHIVES


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