Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1841-02-13
/ WHOLE NUMBER 526.

ground that could not be maintained. | supposed
the whole power TO be exclusively in Congress,
and that IN no case, under ans nces could
the States, or either of them, exercise it; and
fnd, on consulting high authority (Story on the
Constitution that was right. will read TO
The Senate hat that learned commentator says
the subject. 3D. vol Commentaries, chapter
Is. he says:
The propriaty OF confiding the power TO cstab-
iIsh n uniform rule of naturalization 10 the Ma
nonal Government, seems not TO have occasoned
any doubt or controversy In the Cony entlon.
For aught that appears on the journals, 1t was
conceded without objection. Under the Conted-
GRAFTON. the States possessed the solo authority
to exercise the power: and the dissimIiarIiy Of
the system in different States generally ad-
fDlite6 = prominent defect, and lald The iounda
ton oi manv delicate and intricate questions. As
the free inhabitants Of each State were entitled
to all the privileges uEd immunlties OF citizens IN
all the other States, 1t FOLLOWED that single State
possessed the power Of forcing into every other
State, with the enjoyment OF every immunity
and privilege, any alien " hon Ii might choose 10
incorporate into it's own society, however repug-
nant such admission might be 10 their poty,
venIoncc, and even preJud:ces. Ia effect, every
Stale possessed the powered naturaIizlng aliens
IN every other State-a power as IIiisohIevous in
lis nature II was indiscreet in its actual
else. In State, residence for short Tune
might, md did, confer the rights relationship; n
others, Qualifications of greater Importance
required. An alien, therefore. incapacilatcd for
The possession Of certain rights 10y the laws OF tho
latter, might, By previous residence and natu-
ralization III the former, elude at pleasure all their
salutarv regulations for selfprotection. And 1t
has been remarked, with equal truth and Justice,
that II was owing to mere casually tina, the eNer-
else of this power under the Confederation did
not involve the Union IN the most serious embar-
easements. There IS great wisdom, therefore, in
ccn6ding to the National Government the power
to establish a uniform rule Of naturalization
throughout the United States. II is Of the deep
est interest 10 the whole Union 10 know who
eLtltlcd TO enjoy the lights o! citizens IN each
State, since they thereby, i'll effect, become emit
tied TO the rights of citizens all the States If
aliens NIGH; he admitted indiscriminaiely to en-
JOY all the rights Of citizens at the will Of single
State, the Union itself might be endangered by
an influx Of foreigners, hostile to It's institutions,
ignorant Of lis powers, and incapable Of due
innate Of its privileges
Il, follows, from the very nature OF the power,
that. to be useful, IL must be exclusive; for
current power IN tie States, would bring back all
the evils and emharrassments which the uniform
rule of the constitution was designed TO remedy.
And, accordingly, though there mcnta-
~ hesitation when the constitution first went in
to operation, whether the power might not stiIl
be exercised by the States, subject only to tho
control Of Congress, far the legislation e
the latter extended as the supreme law, yet tho
power is now firmly established 10 be exclusive.
The Fedcralist, indeed, introduced this very case
as entirely clear, to illustrate the doctrine Of an
exclusive power by implication, arising from The
Tepugnancy Of n similar power IN the States.
This power must necessarily be exclusive says
the author, because, if each State had power to
proscrib distinct rule there could be uniform
ruIe.''
The doctrines here laid down by tho learned
arc fully sustained by the conclu-
sive authorities which ho refers, and sustain tho
two positions for hich contend. First that tho
power over the subject Of naturalization is
cd IN nd id tia nd
Is consequently exclusive; and. secondly, thai
State create alien n citizen of such State;
rs by that means, such person, would, in effect,
become citizen Of every other State. | have
thought proper, Mr. Presideu,, TO place this mat
ter distinctly before The country, that i, may be
understood especially il has been raised in this
1eba,e. and different views have been presented
by distinguished Senators.
1t will be my purpose, for few moments, 10
call back the attention of The Senate 10 the pre-
enptOn bill at the point where we left II. The OBJ
iecrons TO pre-emption bill, SO far as ] can
lcrstand them, are: FIRST, that such bill encou
RACES persons leave the old States and settle
in the new. To this would say, that surely
Senators would not deprive their brethren Of the
privilege Of eiering their condition in fe if they
think proper 10 do so. We are all il pursuit Of
happiness, and if any portion Of the citizens Of
the old States wiling to leave the homes OF
their fathers and migrate TO the West in search OF
better home hard would be that heart that would
prevent them; and harder still would be The heart
1f those who would not receive them with open
arms. Ours is common country; and let Us
never forget that neither our affections for each
3iher. nor our love Of country, should be sepera-
led by geographical boundaries or State lines.
Secondly IL is objected tha. the principle grants
exclusive privileges to class OF men who rush
n advance Of civilization and seize upon the pub
ic property, and IT has even been suggested that
hev might be restrained by The action of The
Government. To this would sas,fhai legislation
should always adapt itself to the ccpd,tion OF af
airs We must look at things they are, end
lot they might be supposed 10 be, or we iegis-
ate for a supposed and not real state Of things.
That s2ir, Of enterprise and discovery, which IS
characteristic Of The anclo-Saxon race; that spir-
tina nina ed the Pilgrims and the first settlers
/ jamestown that spirit that prompted Boon,