Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-03-10
For the Herald Of the Times.
Mr.. EDiTOR:

II have heard much said Of lat
in regard to that clause in the Consti
tuition (now before the people of thi
State, for their adoption or rejection
which requires longer residence, AM
also freehold qualification for natu
ralized than natural born citizens, il
order to their having and excrcisin,
The rights OF suffrage; and whethe
said clause does or does not connic
with the Constitution Of the Unite'
/ States.
\ The part ofthe Constitution ofthe Uni
ted States which some have suppose,
violated, is the second section of Art
4, and is in these words:
/ "Thc citizens Of each State shall b,
entitled to all the privileges aud imnu
mites Of citizens in the several States.
/ presume the difficulty has arisen i,
consequence Of n want Of attention tc
the meaning of the words privileges
and immunities," aud confoundina
them with political rights, and as hav-
ing the same meaning and import.
Mr.. Webster defines "Privleges'
to be, A particular and peculiar benefit
or advantage enjoyed by person,
company, or society beyond the com
mon advantages of other citizens.
"Immunity," he defines to be, Ex-
emption from any charge, duty, office,
tax or imposition, particular privilege.
"Right," he defines to be, Just claim
legal title, ownership, the legal power
Of exclusive possession or enjoyment,
just claim by courtesy, customs, or the
principles of civility and decorum, just
claim by sovereignty, prerogative, prop
erty, interest, sc.
Some Of the reasons which occur to
me why Political rights ought not to be
conlounded with privileges and immuni-
Ties, are, first, that such proceeding
makes the Constitution of the United
States contradict itself, and therefore
could not have been the meaning Of
those words, rs understood by the fra.
mers Of the Constitution of the Unitod
States. For that instrument provides
"that no person who has not been a
citizen Of the United States seven years,
shall be n representative. .''-Therelore,
as natural born citizens are only requir-
ed to be citizens Of the States in which
they are elected, it is clear that natural
born citizens enjoy Alright that natural
lied citizens do not, and that by adopt
ing the synonymous meaning Of those
terms, the Constitution Of the United
States contradicts itself This is one
instance.
Senators are also required to have
been citizens Of the United States nine
years.-The same reasoning applies
10 them. This is the second instance.
Further, by the Constitution Of the
United States, no person is eligible to
The Office Of President or Vice Presi-
dent who is not natural born citizen,
Dr was not a citizen Of the United
States at the time Of the adoption of
'aid Constitution. These arc the third
md fourth instances in which such |
Of the Constitution of the
United States contradicts itself And ifI
such foreigner were elected by all the
States to tho office Of President, or
Vice President, yet he could not, under
my circumstances, ofliciatc in that ca
,acity.
Further, if by "pririleses and immu-
'ities," be meant the right Of suffrage,
IS the clause is unconditional, and not
ho remotest hint about any specified
imo after which they shall have such
privileges and immunitics, then it fol-
ows that the mopent any citizen of any
state enters another State, he has az
.ood a right to a vote on any question
8 any citizen Of the State which he
nters has, or as he himself will have
t any future time, however long he
nay remain in said State. This it is
elievcd, will conflict with every State
Constitution in the Union.
Whether tho so called "Pcople's s
in the case of the trial
y jury Of persons bound to service in
ny State, and escaping to another
tate, violates the Constitution Of the I
nitcd States, let the recent decision of {
he Supreme Court at Washington an
uer. Such are some ofthc reasons why
is believed the provision requiring i
'rce years residence, and a freehold
state, to qualify foreigners to vote, Il