The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1841-01-13

his friends here shall obey eur common masters
the People; that they shall repeal the sub
Treasury law which the People have con-
demned. Why, sir, in this | only call upon
gentlemento conform to their own doctrine so
often, so long, and so loudly proclaimed by
themselves, ''that the People are to govern
that the democracy must rule-that the demo
crazy of numbers is the real and only sover-
eign-that we are all here as servants of the
people-that, as Senators, we have no origi-
nal rights-that we are TO bow TO the majesty
of the People in all their pleasure" But now,
it seems that this sub-TreasuTy scheme is
their measure and not the measure of the People
whom they represent-and it is very ungener-
Gus to ask them TO obey their masters will.
Why, sir, what is the honorable Senator? Able,
adroit, astute learned, ingenious as he is, is
he not the servant of the people OF New York:
of the 400, O09 voters, majority otwhom have
condemned this law? And whose will is to
prevail-theirs or his? l have asked him to
yield to their pleasure.
hope there will be no flinching, no shutting;
but that the honorable Senator will have the
goodness to act according to the principles he
has so often inculcated on us-that he Will bow
to the democracy of numbers" and conform
himself to what his constituents require This
measure of the Sub-Treasury was, as have I'M
derstood, the one constant theme of the gen.
tleman's eloquence, from the shores of the At
lanIlc TO the DOruefS OF lne OF. LdWTence-tnat
was the issue on which his State cast her vote
she has condemned his favorite measure-and yet
now he considers it ungenerous in me to ask him
to abandon what his swn constituents condemn!
Far from it. | am net the counsellor ofthe hon
cradle Senator his friends; but will tell what
l would de. So help me, God, on my sacred hon
or, would move TO repeal the sub-Treasury
law. Iwould not say that had changed my
opinion-my pride of principle woulds prevent
that-but, finding the measure not acceptable to
my constituents, | would conform to their will.
Where on the whole face of the globe does not
public sentiment exact obedience to its will? Is
il in Russia2 No, no. The Autocrat himselfis
bound to WELD to its behests, and SO in fact he
has done Where's? I ask again. In Turkey?
No. The Grand Seignoir is obliged to submit
as much as any other despot. We are charged
with want ofgenerosity because we have asked
the Senator to bow to this common law Of our
nature-a law that rules the whole civilized
world
have now a few remarks to make on the
question raised by the honorable Senator res
pecting the elective franchise. Why he has
risen TO discuss in so elaborate manner mere
opinion of mine thrown out without argument,
| do not know. He is too acute and practised
a logician not to know that the manner of put
ting question, of itself, often decides it. The
Senator asks, what right this Federal Govern
ment has to prescribe for a State who shall
vote for her rulers? 1t has none--it pretends
to none. But this case of unnaturaliZed for
eigners is an exception to the otherwise uni
Versal exercise of the State sovereignty. The
exception applies here. An alien is not cit
izen of State, nor is he one of ''the People of
State,'' and therefore he is not included in
the words which the Senator read from the
Constitution. The question would be more
correctly stated to be, what right has any State
to perform that process of naturalization which
is exclusively confded to the General Govern
ment? But he asks, who has right to contest
the constitutionality of the Constitution of the
State of Michigan? say TO him. you have;
every man has who lives under the Constitu-
ton of this Union. If State Constitution de-
clares that aliens may vote, then their votes
may affect the composition OF the House of
Representatives, OF the Senate, and so even,u-
ally the question might come into these bodies
in Judging, as they respectively have right
to, of the qualifications of persons returned as
members of the two Houses.
The Senator supposes a case possible, THAT
Congress shouldl refuse to pass any naturaliza-
tion law, and he asks, what is then to be the
condition of large bodies of enigrants 10 this
country? There are two answers to be given
TO this question: 1. If Congress should fail to
pass naturalization laws it fails to do its cypress
duty; duty to which it is bound under the Con-
stitution. Congress has passed srch laws, and
presume it always will. There may be diff
ference as to the time to be prescribed as proba-
tionary period, but there be no doubt As to
the obligation of Congress to fix some rule.
But there is yet another answer. If Congress
fails to make provision on the subject. then the
right reverts and accrues to each State, exactly
as it would accrue should Congress neglect to
pass a uniform bankrupt law. But for another
clause in the Constitution which declares that
no State shall pass any law imparihg the obi
CATION of contracts, but for that, every State
would have the right. There is no such obsta-
Gle in relation to naturalization. have no de-
sire to press this matter; but if the gentleman is
very DESTROYS of an abstract argument on this
point, am ready.
1t is not necessary, however, to enter into
| il; my only purpose was to enter a cGseat
against the doctrine advanced by him, as being,
| in my judgment, not constitutional The right
to vote implies citizenship, necessarily, essen
TALLY, although the converse of the proposition
does not apply: then comes in the State authori-
ty; but the State had no authority TO confer the
elective franchise on any foreigner who is not
constituent portion of the people of the State
who is not a member of our political COM
munity-who is not one of the people of the
| United States. That incorporation of aliens
into our society is an office confided and wise
| ly confided to Congress alone. A State may
confer any other privilege it pleases-allow
foreigners to hold AID transmit lands; but it
cannot make citizen of foreigner-it can
not make an alien my fellow citizen without
the consent of our common Government. Nor
can it invest him with those privileges, the
existence and exercise of which necessarily
imply the existence of citizenship. protest
against the right of any State, by its separate
action, to disturb the balance of political pow
er between the States, or to affect the political
condition of the people of other States.
MARRIED.,
On the 10Th instant, by the Rev'd. B. N. Brown Jo-