Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-12-24

eign birth, have been naturalized under the act
OF Congress; and Wisconsin has proceeded one
step further, and thrown wide open the doors
aDf her temple TO all who have declared their
Intention TO become citizens. These will suf-
flee for an illustrations; and if il were necessary
to bring to bear the action of the State legisla-
lures, might content myself by referring to
the act OF Connecticut, passed in 1898, making
it highly penal for any one in that State to give
instruction or open school for that purpose to
colored persons of eher States. The preamble
to this act tells US that the residence of such
persons should be discouraged and prevented
as an evil to the State. 1t was for Just such
reasons that South Carolina, Alabama, and
other southern States have passed similar laws;
yet, if ! mistake not no State has been more
bitter than Connecticut in the denunciation of
them. Nor do these acts of the legislature rest
alone upon legislative authority. They have
been sustained by the highest judicial tribunals
of the States. In the case of the act just re-
ferred TO the power of the State under the
Federal Constitution was challenged before
the courts of that State; and you will pardon
me for quoting passage from the decision Of
Chief Justice Daggett: TO my mind, it would
be a perversion of TERMS and the well-known
rules of the Constitution, TO say that slaves,
free blacks, or Indians, were citizens within the
meaning of that term, as used in the Constitu-
ton God forbid that / should add to the de-
| graduation of this race of mes; but am bound,
| by my duty, to say they are not citizens"
! (Crandal Us. State, 10 Conn.,, 347.)
| 1t is not my intention to enter into an elabo-
rate argument, but to state briefly the reasons
upon which l have formed my opinions on this
subject. The provisions of the Constitution,
already referred to, while they do not cover the
/ ,hn.la tLo t,ta of all
power over the subject-matter, have large
| field for their operation. "C1izens of one
State removing to another lin the language of
the chief justice of Massachusetts, become
citizens of the adopted State without naturali-
cation, and have a right to sue and be sued as
citizens; and yet this privilege is qualified, and
not absolute, for they cannot enjoy the right OF
suffrage or of eligibility to Office, without such
term of residence as shall be prescribed by the
constitution and laws of the State into which
they shall remove. They shall have the priv.
leges and immunities of citizens-that is, they
shall be deemed aliens, but may take and hold
real estate, and may, according to the laws Of
such States, eventually enjoy the full rights Of
citizenship without theenecessity of being nat
uralized. abbott rs. Bailey, Peck, 9l-}
If, therefore, there is any such evil as is said
to exist, the evil arises out of State legislation
and it is for the States to apply the remedy
They can lengthen the probationary period, Oh
shorten it, at will; but, as Congress is mo-
constitutionally authorized to control this sub
jet, the propriety of engaging its discussion o
the proposed measures may well be doubted
| believe there is no power of the States SC
sacred as the right to determine who shall ex
hercise the elective franchise. believe, further
they have never yielded this right, and never
will
With great respect, your obedient servant
p. PHILLIPS. :
WASHINGTON, December Is, 1854.