Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-01-28

can race was then ana there anu eNe th'oie 80
cised from all the rights and piiVileeeS y eon'
terred and secured. we lnlehd u ,'a1u ~ -.
! hy that citizenship which was pririicSed Dy tHe
Co,s,;,n,;on and for nc broader or oiher ci'lIei-
shin II i no, given 10 Massachusetts alone hoi
coniointly with others IN tbs mose 70 Change
either the Constitution or lis terms or tAeir mean
/ inc We insist upon the Constitution then, as
1 n IS 7erjueu-as al ,caS ahdcTt0oa W tno@ ien0
| framed u-ttoss wlo ad0pteG it-a"@ 0V o'oM go"
administered u IN is corilcr days, ere IanmtelS''
had tormisfed Il ,riih is rio eiarlafan abomtna-
Mons Bul | f5rge,-I keep Mr.. Kennedy walt
ing.-so truce with episodes and once more
unto the breach, If as yet, there DC a ~eaea:
II must be most gratefully remembered by eve.
ry American, that persons Of foreign oii!h iarsei
contributed 10 The success OF our steat S.luSS'
for liberty and independence 'hfou3nou. 're NJ
yoluton. Our gratitude was MANIFESTED ~, Ia va,
rious WAYS in the early times ne po"ei ~
pass uniform laws Of aGtHraH5&'o1 was iiiaue
one Of the enumerated powers 81 me Cons.i'uIo'';
and in Gen. Washingtons 'lme, oniy Wo yedl:
residence was reonircd 10 admit foreigners TO e.
tizenshin The Constitution threw wide open 10
them all he offices of The Government, save on
lv thai of President ana even the President 10 all
snch nc had become citizens at the time OF inc
adoption of the Constitution; Afterwards, an
amendment placed The constitutional eligibility OF
the Vice presiten, upon the same footing WIN
that Of the President. The Judiciary, Che Cabi-
mel, IN the departments Of diplomacy, both Houses
OF Congress. and, in fine, all offices, win me
exceptions referred 10, were MADE accesSioie ~
the naturaizcd citizens by The CONSTITUTION, WIN
proba,ions Of and I years citizenship, however,
10 acquire lsibilily 10 the Senate ana House o.
Representatives.
bestowed, had We been left alone and unaided IN
onr struggle. 10 fall or triumph as oar iorlnnes
should Erlide. III that case, il is quite probable,
that all The higher offices wonld have been closed
aoains, adop,cd ci,iZens-and then instead OF the
ciausss of q and years citizenship, as they now
stand. We should have had clause TO this eiect;
ssNous Lu aatirs-Jorn eni>cns shall be eligible 10
membership in cltcr HonSc Of Congress. II none
but qmtireS were eligible, it would nave peen
quite preposlerous TO have assigned me ana /,
years limits 10 ticm-and most surely It woaid
moi have been done. Hence the inference IS r.
rssst;ble that the limitations referred 10 were in
tended 10 apply. and are be applied crelrSirciH,
10 the .doptca citizens There was no necessity
for ;,-nor has il any fitness of application TO ma
tires who in the eve Of the Constitution, are not
merely cizens for and years, but citizens all
their lives. | think Mr.. Kennedy might have
spared himself considerable pains as should have
been spared this present reply, if he would have
given but a slight attention 10 this distinction;
and The pages Of either Judge Story or The Fede-
ralSt. If consulted, would have afforded him quite
a clear conception of the occasion OF lnlroauc-
ing that clause into the Constitution in The suise
we lind them. They were designed Tor cases OF
ad0vti0n not for cases OF maturity.
In the SD No. Of the Federalist, Mr.. Madison,
speakins of the senatorial Trust, says that
Participating Immediately in transactions Of
Foreign nations, il ought 10 be exercised by none
who are not thoroughly ircancd from The proposes
Sims and haJits incident 10 FOREIGN BIRTH ana eau
cation. The term of nine years seems 10 bc a
prudent mediocrity between totat crctuston o.
ADOPTED clt-ens. and an indiscriminate and hasy
admission OF them, which might create channe
for Foreign ia'ucncc on the National Councils.
Ii is thus evident, that lie did not consider The
clause any more than the objections, aPplicaoe a.
all 10 Notircs. He does not even mention them
or allude tothem What 'preposseSSons and habie'
incident 10 Foreign birth" could operate upon Ma
hrcSl-or. how could they be supposed 10 "c1c0fe q
channel for Foreign influence on The National Cam
eiAo"
And Judge Story in his Commentaries on the
Constitution takes precisely the same view OF the
object and application Of the clause. He says:
Section 72S-"The propriety Of some limita,
tons upon admission to office, after aainrah-a
tiou. canno, well be doubted. The Senate is 10
participate largely in transactions with Foreign
Governments, and it seems Indispensable. th0
time siould hare elapsed sufficient 10 iran Ssna
Tor from al prcadices rescnia,ents and partiahtifs
IN relation 10 Tie iand Of his amtir'tn, before he
should be entrusted with such high and delicate
functions. Besides, il can scarcely be presumed
that any FOREIGNER can have acquired thorough
knowledge Of the institutions and interests OF a
country until he has been permanently 7atofPora
ted ,aio its soe,stp and has acquired by The habits
and intercourse OF life, the feelings and duties 0
eitioen.
Not the first reference, nor an alusion is made
! to native citizens but this matter IN truth h"'
been long ago, and repeatedly aeludlcaied ~
Congress. In my last Epislle, think made !
pretty plain, that Rhode Island North Carolina
&c. were Foreign States 10 the Union, until they
were incorporated theren for, il these were NOT
neither were England, France, India nor CHINA
Neither the Constitution, nor any one OF The law
fhe Federal Government, had any force or an
thority in either Of those Siaies-not did any one
of lis officers exercise anv functions Executive
Legislative or Judicial thilher; the shipment
Of either into any ofthe ports of the United Stale'
were subject TO The like impos.s and rates oil du
ties, as the shipments o. other F6fcign nations
were subject to. The Act OF Congress OF the 3ls
july. 1859, expressly provided.
| /. Storys Laws IT, s., r. 80, Sec. 80: "That al
goods wares &c which shall be IMPORTED iron
| either OF the said two States of Rhode Island ant
| Providence Plantations or \. Carolina lnio an
| other port or place WITHIN THE LIMITS OF THE v
STATES, &c, shall be- subject TO The like duties sci
cures and torieitures goods wares, &c. imported
| from any STATE OR COUNTRY WITHOUT, "&c.-plac
ing those States on precisely the same toolinS witt
other Foreign Nations. Well, again on the lG'l
OF September 1889, an act OF Congress olhat date
| expressly provided Ub. D. 50
| ascot g. That all rum LOAF sugar and choco-
| late manufactured or made in the States oil Nori
Carolina cr Rhode Island and Providence Plan
| tations, and IMPORTED OR BROUGHT INTO THE Uni
TED STATES, shall be deemed and taken 10 be sub
iect to the like duties, goods OF The like kinds
| IM PORTED FROM ANY FoRE:GN STATE, KINGDOM Oh
| COUNTY ARE MADE SUBJECT TO
With acts ofConsrcSS like these staring Us il
the face how is ii possible for Us TO doubt, but tina
these States thus t,catc1 as F"rctsn States, were
IN fart E1,eig,. Staiesl II they were not how
dare The Congress OF the United States, 10 with
hold from them the protection vouchsaled IN th'
9th Section of the lst Article of the Constitution
| which provides:
That "Notar ar duty shall be hs,d on articles ca
| pvied fran any STATE. No preference shoH DC s'rc'
bB aRVregui0iion Of commerce 0rrercnHc 10 nc pert
Of enc Sill orcr hose oi another; nor shall reese
6ound q or from enc STATE Jc obliged 10 enter, etea
or pan duties IN another"
1 Surely The State or country which is out oi III
protection of the Constitution OF another-out o
its juriStlicion-excmpt from lis laws within il
own Jurisdictions subject TO its imposis at The
ports OF The olher-its citizens not sharing IN O
subject 10 The administration OF The other-and il:
citizens exempt from all allegiance ihereto-wlli
perfect freedom 10 wage war or make peace
without and against The consent OF the ohef-lnus
be, 10 all nten,s and purposes, Foreign 10 eacf
other. The man who would deny hat IS not L
be reasoned with: he must I've regarded as gone
clean DAFT, and the best that can he done Tor hin
is, 10 turn him over forthwith 10 "the tender mer
ces' Of Mr.. John Randophs prescription =
strait Jacket closc confinement, w0ter grad and dc
pe'ioa'
We'll, these Fwcisa States of North Carolina
and Rhode Island. with all their Foreign chi@cns
afterwards entered the Union--the former IN No
yember. l7S9 and the latter in May, ll9O-an'
their citizens thus, and hcn became citizens o
these United States forhe frA time; and, accordln;
to Mr. Kennedys argument, neither of them coul'
4