The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-01-16
DEBATE IN THE SENATE.
PROSPECTIVE PRESUMPTION BILL.
WEDNESDAY, January 6, isiI.


the present debate. He had yesterday INDUCED
in few remarks with single purpose and object
which was TO show that no law thai Congress could
pass could influence within any State the power OF
the holder of United States patent for land as to the
security perpetuaion of his title, because that was
matter wholly and exclusively within the control OF
the State; that any alien could indeed, take land
title under our patent but that II depended entirely
on the State authority whether he could hold trans
nut that title. did, then by way of illustration, re-
fer TO a remark which had fallen from the honorable
Senator from Kentucky MIR Clay) on former day
as the right of voting. That incidental remark of
mine he has fairly and properly replied to to-day
is SIMPLY with view To answer the Senator on that
single point and not TO discuss the present BILL that
address the Senate. There was another point
the honorable Senator made which do not think il
necessary (although il 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 !ivduas not naturazed Il may be so
Having myself no knowledge of the facts, refer The
gentleman that subject TO the Senators who repre-
that State; and the present bill and its
practical operation am content TO refer that also TO
the Senators coming from the States more Immediately
interested.
But as the question, though incidental to the pre-
sent discussion, is one of vast moment Il mean the
question to the qualification of voters in the States
and where rests the power 10 decide what those quail
fcations shall bel cannot, in justice TO myself per-
init the remarks Of the Senator to pass wholly without
ror that in making that simple allusion the
occasion of drawing the discussion from the subject
Immediately before the Senate, and to which alone
ought to have been confined The question believe
the Senator himself will admit to be- first where
the right to prescribe the qualifications which shall
enable man TO vote for members Of Congress (I
confne II at present TO that; but if he wants it to be
put more broadly am willing to extend it To the cleo
ton 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 that the whole subject
is committed absolutely To the States alone, and that
the Federal Government has power over il at ALL
II understand the Senator, his opinion is that on
this question of naturalization, the power OF the Gene
raj Government overrdes the power OF the States and
that, until the General Government shall constitute
foreigner citizen of the United States, the State in
which he resides cannot constitute him a voter. am
not prepared TO into this discussion. Ii Is one above
my sphere: but have few suggestions in relation
TO which desire to put before the Senate and my
countrymen.
What is the question II refers to class of per
sons now large, and likely to become largera class
comprising well the tilIers of the soil as men in
commercial business,-and it is whether the General
Government has power to say whether these persons
shall ever be freemen oft United States Where,
ask this power Where does the Senator look for
such rights Is it in the Constitution have ex-
amined that instrument carefully with reference to
this question, and the only word discover that
can at oil affect is almost the first in the instrument
members chosen every year by the people of the seve
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 other clause which de-
cares the electors in each State shall possess the
qualifications requisite for the choice of members of
the most numerous branch Of the State Legislature 2
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 States Any body connected with the Gene
raj Government No. 1t is the People of the States,
whose representatives they are How are these quail
fcaons usually declared In the Constitution Of
the several States-the States organic law And
who will say that the People of sovereign State,
forming for themselves political constitution can be
controlled by this body in specifying no may be elect
Ito their own Legislature For it goes to that |
believe that it unconsidered doctrine The States
it is true, have usually confined the right Of voting to
the possession OF citizenshp but they compelled
to- othis? Where is the compulsion Suppose thew
do not choose to connect voting and citizenship To- |
gether-suppose they say that an alien after resi-
dence of but an hour, may vote for members of
their Legisature-who is to correct their decision
Where is the high court of appeals which shall saw
that their Constitution is unconstitutional do not
believe that it exists | believe that people of a
State are ITS sovereigns and that they are in legal
sense, without Government till they make one for
themselves. think we have had recent examine Of
this in the Of the Constitution of the State Of
Michigan. Such the condition of that State and
the free white who formed that Constitution and
elected their delegates to the convention whicA ass m
bled for that purpose prescribed in that instrum mt
limitation to 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 naturalization. Has any body |
in this country right to say that that Constitution il
void Or does il conflict with any power piyen 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
ana the federal voice had been authorized to control
the qualihcatIons of voters under State government
We have seen at time President OF the United
States empowered 10 remove aliens and transport them
without the bounds Of the Union. We have seen a,
another period, instead of five years residence as re-
CURED by the naturalization law of 1876 that the law
OF tbs, passed during that period which once heard
a distinguished individual in the ether House pro.
nounce TO 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 If
citizenship in the States But this was but faint
exercise of that power in its plentude The General
Government may repeal all naturalization laws and
thus exclude all foreigners from ever voting in any
one of the States. Can be true that the Consti,u
ton ever intended to confer the Federal Govern
ment such power this over the States ofthis Con-
iedeiacyf And cannot State, for all practical pur-
poses prescribe how an emgrant shall hold real estate
within its limits and establish the right of freeman
TO vote tor those who are to govern him What is to
prevent ~ 7 know of no power and do not believe
mat II exists Look at it. Look at those complaints
against the expressions of the British Crown which
occasioned the existence of free Government
what was stated among the list Of grievances enumc
rated IN our Declaration of independence Was il
not that the government of Great Britain restricted
emigration, and that proper naturalization laws were
refused us Such was the complaint of our fathers
and when they obtained the Government did thew
themselves tail into Just the error Z Did the
scklers for State sovereignty place in this Federal
Government that power which the King had before
possessed, and which he abused I If they did call
for the record the for I ID pot c,r.a.