The weekly Lancaster gazette. (Lancaster, Ohio) 1852-1855, 1854-12-21
[For ,hs Daily Time,.l

'54. you used the following language:
"The opinion prevails that it is within
the scope of Congress to prevent aliens
from voting until they have resided in the
United States a longer period than Eve
years, by an amendment of the naturaliza-
ton laws; or to prevent aliens from voting
altogether, BY their repeal. This opinion,
held by very many. is clearly not correct.
Again, you say: ANY other plan than to
remove or alter the alien franchise by a
mending or Altering the State constitutions, |
is opposed to Democracy, DC. Congress
has no power to pass such an act, be it an
amendment or repeal of the naturalization
laws
Ifyou viii turn to Section 8, Article lst
OF the Constitution of these United States,
you viii end the following provision:--
"The Congress shall have power to es!ab-
Est un1orm rule Of naturalization, and
Uniform laws on the subject of bankrupt
cies throughout TIA United States" Is this
section modified or qualified in any degree
By Sec, 9l, Art. lst, cited in your ediiori-
al? That section reads thus: "The House
OF Representatives shall be composed Of
members chosen every second year BY the
people Of the several States, and the cleo
tors in each State shall have the quhl6ca-
tions requisite for electors Of the most nu-
merous branch ofthe State Legislature. -
EEThe question now stands thus: Eve
ry person before he can be an elector in
State must first become citizen Of tie
United States, by complying with the
present naturalization law which Congress,
by virtue of the power delegated to it in
Section 8, Art. LIST, may enact. The only
power the State Legislature have on this
subject is, the power to say how long a
residence (within the time prescribed by
Congress for naturalization, shall be re-
quisite 10 entitle party to vote in munic-
ipal or local matters, A State has no pow
er to extend the privileges of the elective
franchise, in national elections, TO any 9TH
er than a citizen of the United States, by
the laws of the United States
Article 10, of the amendments to tie
Constitution, does not affect this view Of
the subject. That article reads thus
"The power not delegated to the United
States by the Constitution, nor prohibited
by it to the States are reserved to the
States respectively or to the people," AS
Section Q, Article, 1st, delegates to the
Congress the power to establish uniform
rule Of naturalization throughout the Unit
ed States, the exercise of such power by
Congress is in conformity to Article 10
just
II your doctrine be true that Congress
has no power to remove or alter the aler
franchise it would also be true that Con
gress transcended its powers when it pas.
sed the existing naturalization law, and
therefore such law is unconstitutional
This ground has never been taken by any
of the Courts; but they have. on the con
trary, frequently endorsed the constitution
ality ofthe naturalization laws Of the Unit
cd States. In support ofwhich, I refe,
you to the firstvolumeof Of Chancellor Kentt
Commentaries, pages 423, A24, 9th edi
tion, page 424 old paging. The same doc
trine is held by Story in his work on thu
Constitution.
Dec. IL, 1864. A LAWYER.
REMARKS.
"a Lawyer" does not understand, as
lawyer should, the subject on which h
writes. He says, that "every person." h
ought have said, every alien; "before h
can be an elector in State, must becom
q citizen Of tho United States" by what
ever naturalization law Congress may en-
act. This is not so. In Indiana alien
arc permitted to vote by its Constitution,
they have been in the United States twelv
months, and in that State six months c
the time, provided they declare their in
tention to become citizens. In Michiga
and Wisconsin, aliens are permitted to vot
on nearly the same conditions.
In Vermont "every man Of quiet an
peaceful disposition, resident in the Stat
twelve MONTHS" is allowed to vote. Th
Constitution of Pennsylvania give the c
lectiye franchise. TO all "free white men
who pay a State and County tax, and ar
resident in tho Commonwealth one year
and in their District ten days before an G
lection. New Hampshire permits eyer,
"male inhabitant," tweniy-one years old
except paupers and persons excused from
taxation by their own request, to exercis
the right of suffrage. In North Caroiin
'eyery FREQ white man" residentin his Dis
trict twelve months, can vote. In thes
four last States, foreigners have not evel
to declare their intention to become citizen
before voting, but after residing in then
twelve months, they can vote without nat
uralization, and without declaring theiI in
tention to become naturalzed
"a lawyer" now se.s, fhe can sec any
thing. that an alien "can be an elector in
State" Withom becoming citizen Of tn
United States"
IN Stale has no power to extend I'll
privileges Of the elective franchise, in ma
tional elections TO any other than citize
Of the United States, by the laws of the U
nited States" Does the writer mean
say, that na.uralized aliens in Indiana
Michigan, New Hampshire, Pennsylvania
North Carolina. Wisconsin and Vernon,
who can vote for State officers, cannot yo.
for Mau,hars oc,,o H.. en-