Weekly national intelligencer., 1854-11-11
NATURALIZATION AND FRANCHISE.


The nature of the constitutional and legal provi-
sions in regard to naturalization and the right Of
suffrage having become matter Of discussion in the
North, the New York Courier has given an article
on the subject from which we extract the subjoned
portions, as containing information which may not
be readily accessible to some Of our readers:
FROM THE NEW YORK COURIER.
The only positive work which the Constitution does in
regard to foreigners is The Constitu-
ton has but five clauses touching the subject four Of
them prohbitory, and the other simply psrmsiVe.
There is no guarantying clause whatever We must be
for recalling the very language Of the Consttu
on for this progressive generation is fast losing sight Of
even the plainest features Of that document.
Section 5, Article II, of the Constitution says No
person except NATURAL BORN CITIZEN, citizen Of
the United States at the time of the adoption Of this Con-
stitution, shall be eligible to the Office of President
That is prescription
Section g. Article XII of the Constitution says No
person consttutonay ineligible the Office of President
shall be eligible to that of Vice President of the United
States" That is prescription.
Section 3, Article l. says No person shall be SEN
ator who shall not have attained the age of thirty
and been NINE YEARS of these United States
That is prescription.
Section 2, Article l, says: No person shall be Re-
ty-hve years and been SEVEN YEARS cITIzEN That is
prescription
These disabilities imposed upon foreigners after
they have been made citizens. But, than this the
Constitution leaves it discretionary whether to make them
citizens at all It simply confers the power simply permits.
Section 8, Article l. Says Congress shall haze pocer
to establish uniform rule Of naturalization and uniform
laws the subject of bankruptcies throughout the Unit
ed States"
Nothing whatever obliges Congress to exercise this
power or restricts its range in either direction when it
is exercised Congress may require two years previous
residence, required by the act of 179O Or five
years. the acts of 1876 and 1902 fourteen years.
as by the act Of 1898 twentyone years. as now de-
manded; it may withhold naturalization entirely The
question is purely of expediency 1t is true that after
the naturalization has been conferred it cannot be re-
tracted Congress has power to make &c post jaco
laws and therefore power unmake citizens who have
become such by its acts But nobody proposes this
But there is blunder in supposing that naturalization
coners the right of voting It does such thing. 1t
has nothing to do with voting way the other.
There are naurazed people who cannot vote there
non-naturalized people who vote. Foreigners in
many of the Western States vote after years half
years stay in the country, though stay Of five years
necessary for naturalization In of the Southern
States property qualification is necessary the right
Of voting and person, whether natural born or natu-
rallied, vote without it. Congress can naturaze
but Congress cannot confer the power of voting That
power conferred by the States alone and by each
cordng to its sole discretion in the way defined by
itself in its State Constitution. Each State is
egn in that respect 1t bestows the power of voting
cordng to its view of its interests There is
such thing as natural right to vote They who talk of
show themselves ignorant Of the very elements Of civil
Enyar Tha
the very definition of franchise is right granted dis
tincton from right inherent. In respect suffrage
the right is granted by the Constitution and as this
grant changes the right changes There is not State
in the Union in which the grant is qualified one. 1t
is extended only to those of certain age women are
excluded from it in of the States coored men and
paupers are excluded from it in Of the States those
who do not own certain amount Of property or
tain description of property excluded from it. Each
State through its constitution controls the matter
likes 1t extend this franchise or curta it as it
chooses and this power is nseparable from the State
sovereignty.
But again. there is yet another blunder in supposing
that the Constitution Of the United States guarantees the
liberty Of conscience. 1t does such thing 1t simply
interdics the making religious test the qualification
to any office public trust under the United States" and
enjons that Congress shall make law respecting the
ostapsnment "a reHgon or pronpltlng the Tree exer
else thereof" The Constitution imposes no restrictions
upon the States in this respect, though in many other
matters it expressly does and there is not religious
denomination in the country be it Presbyterian Epsco
palian Roman Catholic, any other, which the State
may not dsfranchse prescribe without violating the
Constitution of the United States The guarantees Of the
liberty of conscience not to be found in the Federal
Constitution but in the State constitutions and though
all these constitutions do liberty Of conscience in
it's proper sense is undeniable that in of them at
leastwe mean that Of New Hampshire tests
are not only recognised but actually imposed Now none
can respect liberty of conscience than we OF all
liberties it is the very which we deem the sa-
cred and we will yield to none in determination uphold
the third section Of the first article of State Constitu
ton which secures 1T but in proportion respect
this great right of free conscience desire that its po-
sitve guarantees should be misplaced or misunder-
stood They are lodged in the State constitution and
there that every friend Of religious liberty must that
they are firmly incorporated and preserved invioate
METROPOLITAN RAMRoAD.-The joint resolution before
the Common Council to take the of the people Of
the city the question Of making corporate subscrp-
tion to the stock Of the Metropolitan Railroad made
the special order for Monday next It is hoped there
will be hesitation with the voters in sanctioning
~ n r.. l.