The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-01-16
DEBATE IN THE SENATE.
PROSPECTIVE PERCEPTION BILL.
WEDNEsDAY, January 6, lS4l.

u
WEDNESDAY,, January g. l04l.
Mr.. WRIGHT, II New York, said that he rose
rather TO correct an error than with any view to pur
sue the present debate. He had yesterday INDUCED
in a few remarks aiih one single purpose and object
which was to show that no law that Congress could
pass could influence within any State the power of
the holder Of aUned States patent for land to the
security or peetuation Of his title because that was
matter wholly and exclusively within the control of
the State; ihat any alien could indeed take a land
title under our patent but that il depended entirely
on the State authority whether he could hold or trans
init thatnte did then, by way of illrstraticn,
fer to remark which had fallen from the honorable
Senator from Kentucky (Mr. Clay) on former day
as to the right Of voting That incidental remark Of
mine he has fairly and properly replied to to-day. IL
u SIMPLY with view TO answer the Senator on that
single point and not to discuss the present bill that
now address the Senate. There was another point
the honorable Senator made which | do not think it
necessary (although it was connected with the for
mer) for me TO reply to. He said that he had been
informed that the vote given by of the States in
the late Presidential election had been controlled by
the votes of individuals not naLurazed. II may be
Having myself no knowledge Of the facts, refer the
gentleman that subject TO the Senators who repre-
sent that State and TO the present bill and its
practical operation content TO refer that also to
the Senators coming from the States more immediately
interested.
But the question, though incidental to the pre-
sent discussion, is of vast moment Il mean the
question TO the qualification of voters in the States
and where rests the power to decide what those quail
hcations shall bel cannot in justice to myself per-
init the remarks of the Senator TO pass wholly without
a reply. | will admit here, that | was led into
ror; that in making that simple allusion was the
occasion of drawing the discussion from the subject
Immediately before the Senate, and TO which alone il
ought to have been confined The question believe
the Senator himself will admit to be- first where rests
the right to prescribe the qualifications which shall
enable man TO vote for members Of Congress q
conne it at present to that but If he wants it TO be
put broadly, am willing to extend it to the cleo
tion of members of the State Legislatures.) And
next, whether the General Government has any pow
those qualifications prescribed by the States
The position | advanced was 1.-THE whole subject
Is committed absolutely to the States alone and that
the Federal Government has no power over it at all
Ii understand the Senator his opinion is that on
this question Of naturalization the power of the Gene
raj Government oyer-rides the power ofh States and
that, until the General Government shall constitute
foreigner citizen Of the United States, the State In
which he resides cannot constitute him voter. am
not prepared to into this discussion Ii Is one above
my sphere: but have few suggestions in relation
to it which desire to put before the Senate and my
countrymen.
What is the question It refers to a class of per-
sons now large, and likely to become largera class
comprising well the tillers of the soil as men in
commercial business and il is whether the General
Government has power to say whether these persons
shall be freemen ofthe United States Where
ask is this powera Where does the Senator look for
such right7 Is it in the Constitution have ex-
amined that instrument carefully with reference to
this question: and the only word can discover that
at all affect is almost the first in the instrument
The House of Representatives shall be composed of
members chosen every year by the people Of the
raj States" And we know that no 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 are not
in any constitutional sense members of the House of
Representatives. There il one other clause which de-
clares the electors in each State shall possess the
qualifications requisite for the choice Of members of
the most numerous branch of the State Legislature.
That Is all the Constitution contains about the matter
And who prescribes these qualifications The Con-
gress Of the United States The President Of the
United Statesl Any body connected with the Gene
raj Government No. II is the People Of the States
whose representatives they are How are these quail
fcatons usually declared7 In tho Consultation of
the several States-the States organic law And
NAo will say that the People of sovereign State,
forming for themselves political constitution can be
controlled by this body in specifying who may be elect
ed TO their own Legislature For it goes to that
believe that unconsidered doctrine The States
it is true have usually confined the right of voting to
the possession Of citizenship but are they compelled
todcthis2 Where is the compulsion Suppose they
do not choose to connect voting and citizenship to-
gether-suppose they say that alien, after resi-
dencc of but an hour: may vote for members Of
their Legislature who is to correct their decision
Where il the high court Of appeals which shall say
that their Constitution il Unconstitutional lido not
believe that it exists. believe that a people of
State its sovereigns, and that they are in legal
sense, without Government till they make for
themselves think we have had recent example of
this in the of the Constitution of the State of
Michigan. Such was the condition of that State and
the free white men who formed that Constitution and
elected their delegates to the convention which
bed for that purpose prescribed in that instrum mt
initial aG tn WI aha ha
that all who were at that time free white inhabitants
of the State eligible to its Legislature without
regard to our laws of naturalization Has any body
IN this country right to say that that Constitution is
void Or does it conflict with any power given to
this Federal Government
Let us now look at the condition in 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 qualifications of voters under State government
We have seen at one time President Of the United
States empowered TO aliens and transport them
without the bounds of the Union. We have seen at
another period, instead of five years residence re-
quired by the naturalization law Of l795 that the law
of l79S passed during that period which once heard
distinguished individual in the ether House pro
nounce 10 be "hard unconstitutional times exacted
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
citizenship in the States. But this was but a faint
exercise OF tnat power IN ts penltude The General
Government may repeal all naturalization laws and
thus exclude all foreigners from ever voting in any
of the States. Can it be true that the Constit
ton intended to confer on the Federal Govern
ment such power this the States ofthis Con-
federacy7 And cannot State, for all practical pur
poses prescribe how emgrant shall hold real estate
within its limits and establish the right of freeman
20 vote for those who govern him. What is to
prevent il know Of no power, and do not believe
that i exists Look at it, Look at those complaints
against the expressions of the British Crown which
occasioned the existence of our free Government
What was stated among the list Of grievances enume-
rated in our Declaration Of Independence Was it
not that the government of Great Britain restricted
emigration, and that proper naturalization laws were
refused rs 2 Such was the complaint Of our fathers
and when they obtained the Government did they
themselves fall into just the same error Did the
Government that power which the King had before
possessed, and which he abused If they did, call
for the record of the grant for do not forget that