The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1852-01-22

What consumes eItIzenshIp !


noticed not long since that the journal 81
Commerce, in speaking of the laws of South
Carolina promised to give its views on the sub.
lject of citizenship If you have done so, it has
escaped my observation. | therefore propose to
take up the subject on my own account.
IL Is truly astonishing how little the subject
! appears to be understood in the United States
4 where il is of more consequence than in any
Il other part of the word-for the reason that the
word citizen generally indicates national charac
ter. 1t is of very little consequence to know
who is citizen, if we have no rule to determine
who is moi. Judge Story, in his commentaries
on the Constitution of the United States, after
putting the question, who is citizen? leaves us
entirely in the dark. Chancellor Kent appears
10 have been much confused in his application
of his common law doctrine. Mr. Calhoun and
President Tyler, in their force bill speeches ia
80 and '33, insist that there is no such thing
as citizen of the United States, and that we
are all citizens of the States or territories where
we reside. The subject involves consequences
of a national and political character Of vast i'm.
| portance; as it has an important bearing on our
foreign relations, the jurisdiction of our federal
courts under our Constitution, the relationship
between State and State in regard to our indian
and negro population as well as our adopted cti.
zens. Many regard il as mere political right,
when, IN reality, in national, constitutional ia.
dicial view, and IN so far as it regards our for
eign relations, it is nothing more not less than n
national right. The true definition of citizen
or SUBJECT would seem to be member of a ma
honal compact, or one who is invested with a
full possession of national rights. This defini-
ton covers the whole ground Allegiance, ODE.
dience, protection and citizenship, are insepera-
BILE. The rights of all our citizens, so far as it
regards our foreign relations are on footing Of
equality, whether they grow out Of war, peace,
treaties, DC, or whether they be men, women or
children. Not so with political or civil rights
They are never awarded equally to ALL Citizen
! ship has reference to the relationship between
the individuals of one nation with those of ano-
ther. Political rights have reference to the re-
latlonshIp between individuals of the same ma.
ton. Citizenship may be compared to the rela-
nonsip between members of an ordinary part
nership and the public; while political and civil
! rights have reference TO the relationship between
member and member, by'virtue of their own by
laws. A citizen or subject owes allegiance, and
consequently obedence and is entitled to pro,
lection in any part of the world. An alien owes
obedience only, and is entitled to protection no
4 longer than he remains in the country. The
confoundlng OF national and political rights, or
regarding them as one and the same thing, and
the want OF proper definition of the term cili-
zen, we apprehend, have been great cause Of
confusion of ideas on this subject.
From my observation for forty years, con
clude that the confounding of tongues at the
building of Babel, scarcely equalled the confu.
sion of ideas on this subject.
With these remarks we now proceed to state
a few propositions, which we shall examine as
briefly as possible in their order
lst. NO one is citizen unless he is so by law.
I'd. Citizens and subjects are synonymous
Sd. NO one can be citizen unless by mutual
consent, express or implied.
4th An Indian, living in the Jurisdiction of
the United States, is not a citizen without spe-
cial law.
5h. A negro, bond or free, is not citizen Of
the United States.
6h One born in the country, of alien pa
rents, is not citizen.
7th The common law of England is not the
law of the United States.
9Th Ii never was the common law. that all
born in England were subjects
9Th No one can be subject or citizen of two
or more governments at the same time
10th. A person, generally speaking, may ex-
/ patiiate himself at pleasure.
18th. A nation is a social compact
18th. No one can avail himself of social
tight by virtue of natural right,
18th. An alien cannot commit treason
l4th. A citizen of a State or territory is
citizen of the United States. There is but one
class of citizens in national point Of view in
the United States.
lst No one is a citizen unless he is so by
law. We presume there are only three ways
by which one can become citizen Of the United
States at the present time. BY the law of in
heritance, which is in conformity to public law !;
| lSee Vattel b. ], oh. 9, sec. 2l2) the laws of
Congress-; and by the treaty making power,
which is the supreme law of the land (See
Cons. Of the U. s., article 6, sec. 3D. We were
first the subjects Of Great Britain, by virtue of
the laws OF inheritance, or colonial naturaza.
ton laws. We became citizens of the several
States by the acknowledgment of our indie.
pendence and, finally, citizens Of the United
States by the adoption Of the Constitution (See
article 4, sec 2, p. /. II was the subjects Of
Great Britain only who were the gamers by the
achievement Of our independence II was not
we Indians" "we negroes" 1--WE alters" not
even la Fayette himself who had grievances TO
complain about in the Declaration of Independ
ence,-but "we' subjects. BY the annexation
Of Louisiana, &c, all who had been subjects of
France and Spain, only became citizens of the
United States by treaty, with their tact or i'm
piled consent
IDLY. CitizsnS and subjects are synonymous
i Chancellor Kent (see Commentaries and Judge
'Krum, and other jufsts, have come 10 a differ.
ent conclusion. But VsGel certainly uses them
as synonymous throughout his work. The
words subject, citizens, and member, are used as
such in Sec II aud 20 b. 3, chap. 5. They
were SO used in Greece, Rome, and in France
! during the republic subjects under Louis XVI
became citizens under the Republic. ST. Paul
exclaimed, :" am a Roman cilizen!" That is,
claim my national rights as a member or sub.
jet Of Rome. And they are so used between
the United States and Other nations in all com
mercial treaties, and in war. In the last war
with Great Britain, il was the subjects Of the
former and The citizens Of the IT, s., who were
at war See Vattel, Il. g. chap. 5, sec. 10, II
and ~. The only difference between the words
j., we npprehend, that one implies more liberal
form Of government than the other; but in our
foreign relations they are all the same. With
US, tie soye reign power is with the electors an
IL. Z. H. a