Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1854-12-30
From the Baltimore American.
The Naturalization Lava.

.ic "iohSy PsSoousS - 49,
----------------- Yt
From the Baltimore American.
The Naturalization Laws.
Its an important step gained in. the considers
ton Of these laws that the attention directed to
them has dssipated the erroneous opinion that
they were something not to be touched without
injuring rights solemnly guaranteed by the const-
tuition and laws. 1t has been demonstrated by ref
erence to the instrument itself that the constitu-
ton confers no inherent right Of citizenship upon
any but those born on the soil over which its au-
thority extends. The authority to extend the priv
lege OF citizenship to foreigners has been vested in
Congress, with the discretionary power of with
holding it altogether or Of granting il under such
restrictions as may, inthe experience of the coun-
try, prove at different periods necessary The dis
posal Of this primary question: Of the right to alter
the naturalization laws, is necessary step to the
cogsideration Of the reasons that render it exped
ent to do 30 a second objection that has been
stated and now greatly relied upon by those who
oppose any change, is that Congress only egis-
late upon the qualifications of citizens Of the United
States, and can in no way affect the decisions of
the different States, who may admit to citizenship
foreigners upon any terms they please. The argti
ments relied upon to support this theory are, that
no construction has ever been given to the consti-
tuition that would allow Congress TO prescribe the
terms of State citizenship and that the practice of
some of the States has been contrary TO any such
construction. Thus Michigan gives to the foreign
er who has resided six months within her borders
the right to vote and California, and one or two
other States have been equally loose in bestowing
the right ofcitizenshp..
Without meddling with question that only
properly can be decided by the Supreme Court,
or attempting to decide how far the United States
Is concerned in the local. civil and political rights
that States may, for the accomplishment of tenn
porary purposes, grant TO aliens, we may with
confidence assert that no such action by any State,
can make those upon whom it confers rights, citi-
zens of the United States. They are entitled to
the benefit of none of the provisions of the general
naturalization laws OF the United States In the
contemplation Of the constitution they are still
aliens-they cannot sue in the United States courts
as citzens--they cannot demand protection when
abroad as citizens, and they are deprived of other
civil immunities that only be conferred through
the declaration OF intention and residence pre-
scribed as the term of citizenship. The point
to what extent the rights Of suffrage can be be-
slowed by State is SO far from being defined by
the constitution, that necessarily wide difference
Of opinion will exist A State may, undoubtedly,
ore of its attributes Of sovereignty, prescribe
the terms of State citizenship and suffrage, but 1t
msnfestly cannot 60 beyond that point The
only provision Of the constitution, that at all
justfes a different conclusion, is the second
section of Article j, which declares that in
CuOOclip tncluDcrb Vi tHc iOust Vi ucpICctuNh-
tyes, tthe electors in each State shall have the
qualifications requisite for electors Of the most
numerous branch of she State Legislature !" but
in accordance with the wise system of checks that
characterize the compact, this provision is subject
the to fifth section Of the same article, which de-
clares that each house shall be the judge Of the
elections, returns, and qualifications Of its own
members"
Not, however, to 70 further into the intricacies
81 bavn In bp decided nv tho
Supreme Judiciary of the country, we may fairly
characterize the argument that has been founded
upon the exceptional legislation Of few States as
an unfair one IL Is arguing from an exception and
not a general rule Of the thirty-one States form
ing the Union, twenty seven have by their uniform
practice recognized the binding power OF the gen
eral naturalization laws in prescribing the quaica-
ton of citizenship We may instance the Consti-
tuition Of our own State, and its provisions this
subject are identical with those of the majority
mentioned Article first, on the elective franchise,
provides that every white male person, having tho
necessary qualifications offs age, State residence, &C.
and being at the time Of election citizen Of the
United States, shall be entitled 10 vote" &c Now
in view Of these facts, Is II not gross perveron
OF argument, and an untenable subterfuge 70 urge
that the practice Of four States whose legislation
is in opposition TO that of so vast majority Of tho
conederacy shall be taken as establishing the po-
siton that the right Of comforting citizenship rests
with the States individually, and cannot be affected
by the action of Congress- The absurdity Of the
proposition is shown by its opposition TO the con.
sentaneous and ong-ersting practice Of the States,
and by contemplation Of the mischeivous results
TO which It's general acceptation would lead.
II Is sufficient reply, then, to those who urge
that the applicants to Congress for change OF tho
naturalization laws are fighting for shadow, and
that Congress has not the power 70 regulate the
right of suffrage, to say that they fail lamentably
TO establish their position by the Interpretation Of
the Constitution as shown by the practice Of the
States. Congress, under the Constitution is the
authority from which the rights of citizenship
spring, and in, endeavoring to ignore that author
ity, We encounter nothing but confusion and doubt
Suppose the power to regulate citizenship and the
right Of suffrage not TO exist in Congress, how
then is that provision of the Constitution which
provides that the citizen Of each State shall DO
entitled TO all the privileges and iumuties Of citi-
zens in the several States" 10 be obeyed2 Would
the alien who had obtained the pseudo rights OF
citizenship by residence Of six months IN Michi-
gan, be allowed TO vote Tone Of the first OF pnyi-
leRcs ofscitizenship) in any Of the twenty-seven
States that have recognised the obligations % inc
general law Of naturalization The question needs
no answer The Constitution OF our own State
negatives the right III the most emphatic manner.
And how numerous would be the conflict OF rights,
if il was once established that there Is no general
power over the right OF suffrage, out tnat each
State may regulate II as Il pleasess Under the
rampant influence Of woman,s rights, one state
might grant to females the right to vote even for
Congressman and President, another might extend
IL 10 children others to foreigners just landed on
our shores and our elections, instead of being
viewed as the decision of the aggregated ntelli-
gence Of the nation, would fall so low TO be bo-
meath contempt, s,a $500 VII .4FNot
Supreme Court Of the United states.
FRrDAY, December 70, 1854.
No 81. Lyde Goodwin's administrators appel
lsnts to Robert divers executors.
The arouynent &c this ca,,se was continued.by