The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-02-04


tain s,ipula,ons with each Other, which
none Of them can 10 good faith violate
Some o! these ars OF a positive character,
such as that they will deliver up iugI.iYes
from justice, and fugitive slaves aud ser
wants. Others are negative, such Us that
they will abstain from the exercise OF pow
ers themselves which they have delegated
exclusively 10 the General Government
To refuse TO execute the former is a crime
of omission; 10 attempt the exercise OF the
latter is u crime of commission both alike
injurious TO lie other States. When, there.
fore, State admits foreigners 10 political
, rights, affecting the action Of this Govern.
ment, without NATURALIZATION, she violates
the covenants Of the Constitution and does
injury 10 her SISTER States.
Such (said MIR. CD is my reading of the
Constitution. How stands the question upon
authority | believe tina, all interpreters
olthe Constitution agree that the States have
aliena!ed exclusive powers OF legislation 10
this Government IA three cases only ist.
W here the Constitution, IN express terms,
grauted an exclusive authority 10 the Union.
ID. Where i; granted, IN one instance, au.
F.! thority 10 the Union, and IN another pro.
! hIbiied the States from exercising the like
authority. And 30. Where 1t granted an
authority to the Union, TO which simllaF
authority IN the States would be absolutely
rePugnan! and contradictory. And It IS
little remarkable that all the commentators
on the Constitution, from Mr.. Madison
d0su-at least as far as am Informed
have selected this very power Of naurall2a.
ton as al illustration OF The third class Of
these cases. In the Consultation of the
/ State which have the honor in part 10 re.
ptesenl-and but for this lac, Dir. q. would
not now have ottruded himself on the no.
lice OF the Senale-as adopted in l9.9,
there Is this clause " Sec. 40. That every
foreigner who comes to settle 10 this State,
havlng lrst taken an oath Oi allegiance 10
the saGe, may purchase, or by oher Just
neaIs bold, acquire, and transfer land or
other real estate and, after one gears resi-
deace, shall be deemed free citizen =
nder tas section, foreigners, by taking
an oath Of allegiance TO The State, may vet
acquire, hold, aud transfer lands bot, ID the
lUidlmenl OF her duties to the Union-and
hr. G. trusted she had fulfilled them all
North Caroline, by her constituted authorl.
Ties, both Legislative and judicial, had UNI.
iormlv, admitted that, by her adoption Of
lhe Federal Constitution, and the passage
Vi naturalization laws By Congress, the Ial
ter clause Of the section lust quoted was
abrogated; and that foreigners could be.
come citizens only according 10 lie unIufm
rule established By Congress. And NJ.
u. appealed 10 honorable Senators If At was
JUS, towards her, and the other States Of
the tn!ou who put Ike construction on
the Constitution, that other members Of the
Contederacy should adopt a different rule
9! naturalization. When the Constitution
vas adopted, It was declared % be intended
10 secure "tIe blessings Of liberty TO the
People o.. tie United States and their pos
IerIy." Aliens we're no parties TO IT,
but provision was inserted by Which Coo
gress might admit Them 10 become parties,
aud to share IN rs blessings. The Consti
tuition was brought into existence manly
to regulate our foreign relations. To Con
gfess had been gwen the power to make
peace and war w.ih other nations, aud there
appeared to be pToprieiy in giving it also
the power Of determining upon what con
diiions the people Of those nations should
be admitted 10 share with US ia the prisl
lege q! deciding on the questions Of Feace
and war with their naive countries.
But lsaid Mr.. G. the states have agreed
By the Constitution 10 Distribute Their reIa.
i've power 10 the other branch Of Congress,
and IA tie election OF Lnpf Magistrate,
according 20 the respective numbers OF their
people; and, 50 long as those numbers &c.
peud on the natural course Of increase, %
on the Inducements which might be held
gu! for emigration from one State Of the
Cuion TO another, the struggle for posor
among themselves was one of fair and hon
ofabIe competition. But, sir, deny that
IN such contest any state has a iight to
invoke as allies unnaturalized torrtgners-
! his IS subject Of vast magnitude, to which
! desire 10 call the special attention Of Goa.
gfess and the country. There Is shortly
70 be new distribution Of power, according
10 The census recently iaken Of the people
OIL The tni,ed States, Sir, protest against
aliens being enumerated in that census, or,
II so enumerated, agains, any state acquir
ing members Of the House Of Representa-.
itses, or votes in the Presidential election,
by considering aliens, not naturalized, as
part Of 1.-The people" Of such state This
IS an unconstitutional mode of acquiring
power, which, If tolerated, would subyeu
one Of the first principles Of our conledera
cy. And, with proper Difference TO the
opinions Of others, cannot conceive a move
g'oss violation Of the constitution, more
clear usurpalion Of power, than for a state
to annul or dispense with the laws Of natu.
raliz1tion, and swell its own importance and
weight in the Union by the aid Of aliens
owing no allegiance 70 this country, but
bound by the highest obligations TO take up
arms against II IN the event Of war with
their own sovereign. Such an injury is the