Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-21


not natural zed. 1t may be Having myself no
knowledge of The facts, refer the gentleman on that
subject the Senators who represent that State; anu
SO Us To the present bill and its practical operation, am
content 10 refer that also to the Senators coming from
the States i'm nediately Interested
But as the question, though incidental to the present
discussion, is of vast moment mean the ques-
ton to the qualifications ofvoters in the States and
where the power to decide what those qualltca
tons shall bel cannot, in justice, 10 myself, permit
the remarks Of the Senator to pass wholly without
reply. will admit here, that | was led into an error;
that making that simple allusion was the occasion
of drawing the discussion from the SUBJECT immied
aely before tn Senate and to which alone ought 10
have been confined The question believe the Sena-
tor himself will admit TO be, first, where rests the
right prescribe the qualifications which shall enable
a man to vote for members of Congress- conlne 1t
at present that; but il he wants It to be put more
broadly am willing to extend 1t TO the election OF
members Of The State Legisatures.) And next, whe-
ther the General Government has any power over
those qualifications prescribed by the States The
position ] advanced was, that the whole subject IS
committed absolutely to the States alone, and that the
Federal Government has no power over Il at all. IL
understand the Senator. his opinion is that, on this
question of naturalization, the power OF the General
Government orer-ridrs the power OF the States, and
that, until the General Government shall constitute a
foreigner citizen of the w. S. the State in which he
resides cannot constitute him voter. am not pre-
pared go into this discussion. 1t IS one above my
sphere but have few suggestions IN relation 10 II
which desire to put before the Senate and my coun-
trymen.
What the question: Ii refers to class of persons
now large and likely to become larger-a class comprs
inp as we'll the ters of the soil in commercial
business and is whether the General Government
has power say whether these persons ever shall be
freeien of the United States Where, ask, is this
power Where does the Senator look for such right
Is it in the Constitution, have examined that insiru
ment carefully with reference to this question: and the
only word discover that at al! affect is al
most the first in the instrument "The House OF
hall ha pF
every second year by the people the several States
And we know that others have any power in the
choice Of members Of that House. Those residing
within the Territories have quasi-members IN the
shape of delegates, but who not in any constu-
tional nse members OF the House OF representatives,
There other clause which declares that "the cleo
tors in each State shall possess the qualifications requ-
site for the choice OF members of the most numerous
branch ofihe State Legislature That is all the Con-
sttution contains about the matter. And who pre-
scribes these qualifications? The Congress of the Uni
ted States: The President Of the United States: Any
body connected with the General Government No.
1t is the People of the States, whose representatives
they are How are these qualifications usually declar
ed. In the Constitutions of the several S!ates-the
States organic law And who will say that the People
of sovereign State, forming for themselves political
Constitution be controlled by this body in specify
ing who be elected to their own Legislature: For II
goes that believe that 1t is unconsdered doctrine.
The Stntes it true, have usually confined the right
of voting 10 the possession OF citizenship; but they
compelled to do this Where is the compulsion Suppose
they do choose TO connect voting and citizenship to-
gethersuppose they say that an alien, after residence
ofbu hour vote for members OF their Legislature
who is to correct their decision? Where is the high
court of appeals which shall say that their Constitution
is unconstitutional; do not believe that il exists. /
believe that the People of Stale its sovereignS,
and that they arc, in legal sense, without Govern.
ment till they make for themselves. / think we
have had recent example of this in the case of the
Constitution Of the State Of Michigan. Such the
condition Of that State, and the free white men who
formed that Constitution and elected their delegates to
the convention which assembled .or that purpose, pre-
scribed in that instrument, limitation 20 who shall
be voters and did declare that all who were at that
time free white inhabitants of the State were eligible to
its Legislature, without regard TO our laws OF naturai
cation Has any body in this country right to say that
that Constitution is void: Or does il conflict with any
power given TO this Federal Government
Let look at the condition iii which the States
might be placed, and would have been had this power
been placed by the Constitution in Congress- and the
Federal voice had been authorized to control the qua
Hfcatons of voters under Stale Government. We
have seen at one time president Of the IT, States,
empowered to remove aliens and transport them with
GU, the bounds of the Union. We have at
thcr period, instead of five years residence required
by the naturalization law OF 1885, that the law Of 19S
passed during that period which once heard dis
tnruis!ied individual n the other House pronounce
be .'iard unconstitutional tGeS, e1aced from the
foreigner probationary residence OF fourteen years
Such has been the practical exercise OF the power
of the Federal Government over the subject Of cl-
zenshp in the States. But this was but faint ez-
ercisc of that power in lis plenitude The General
Government may repeal all naturalization laws, and
thus exclude foreigners from ever voting IN any one oil
The STATES. Can it be true that the Constitution ever
intended TO confer on the Federal Government such a
power this the States of this conederacy And
cannot State for all practical purposes, prescribe how
an egrant shall hold real estate within its limits, ard
establish the right of freeman 10 vote for those who
are TO govern him. What is to prevent It? know OF
no power and do not believe ta. it exists Look at it,
Look those complaints against the expressions OF the
British Crown which accustomed the existence OF our
free Government. What stated among the list OF
grievances enumerated in Declaration OF indepcnd-
ence: Was it not that the Government of Great Bril-
restricted emigration and that proper naturalization
laws we're refused: Such was the complaint cf our
fathers and when they obtained the Government did
,hey themselves fall into Just the same error Did the
stckers for State sovereignty place in this Federal Co.
yernment that power which the King had before pos
scssed and which he abused IL they did call for the
record of the grant: for do not forget that
here with delegated and not with original powers Of le
gislaon.
But this argument OF the honorable Senator to
me to be of convenience Of necessity. His feel
inqs seem quite Mortified at the idea that owing
allegiance to foreign Power should be permitted 10
come over here and by his votes to govern our nsttu-
lions But suppose that the evil does exist and that the
danger is just what he has such power to portray,
where ask does the danger fall, Can il be that the
sers of the Russian Auocrat TO be placed in one of
our free States for the purpose Of controlling its affairs,
(wh its appreciation, and by its own PERMISSION, and
vet shall thus destroy this free Government and happy
Union: If there be such danger i. will first be felt
within the State where it exists. And then where is
the remedy. In the sovereign people of that State.
We are not to presume they will encourage poll
CIV which is destructive to their institutions But
If il be So then institutions gone: for they rest
ior their existence the power and will OF the People,
and not on any inherent strength of their own. The
evil if occurs will first be felt in the very seat and
heart of their sovereignty and there it will first be
remedied there, where it should be, by the will OF the
People themselves, who alone have the right to pre-
scribe in this matter.
have now concluded all Ind 10 say this point
will add but single reply to avery playful remark of
the Honorable Senator. He says that in defeated