Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1855-04-19

OsAeio sacred, IL thep tie c0fstiin;io1 leaves
10 them to deeds ace sring 70 their swIl l:sc1e.
ton, unrestricted aud uunslfe5, hu shall he cleo.
! tors, i follows as a Necessary consequences that
they may, if they think proper. confer npon resi-
dent aliens the right Of voting.
This is the doctrine which has been acted upou
by the States and which is now alaosf universally
ACKNOWLEDGED as sound. 1t Is The only ssse posi-
/ ton whichihe States can occupg.
But rot only was the particular case e sea oy the
Goxetfe decided against its ovsn arguments Das We
are abe to quote ssi higher legal authority uan
that. Chancellor KEST,.in the first volume OF nis
/ Commentaries. in a note on page rs says:
an almost ali the states property qualification
vvbstever, poteyen paying taxes, or serving in the
militia or being assembled for and working on the
nnblc highway, is requisite for the exercise of the
riobt of stuff age Every free male land in maio-
rev the states) white citizen Oft the age oftwenty
| one years, and who shall have been resident for
some short given period, va-ying in those states
from two years to three months is entitled 20 vote.
In Illinois it has been adudged, that the word IN
habSfGnf in the constitution of the state, means all
persons who have g fixed permanent residence bona
tide and not one casual or temporary, and that 8
residence of six months entities every nhabtant TO
vote that under the ordinance of 1877, and the
constitution OF the state and the statutes Of 1873,
1921, 1923, 1929 and 1893 aliens, being residents
are entitled TO vote, though the distinction be-
tween citizens ard inhabitants is sustained Tor va
rious other purposes; and that it belongs to tn
states respectively 70 prescribe the qualification OF
persons entitled to EXCISE the right of suffrage not
ony as to state but to congressional elections =
| Spragns '. Houghton, 2 SoammOn, 377. This
lsttudnary extension Of the right of suffrage to
aliens seems to be peculiar to some of the states
formed out of the Northwestern Territory, under
the ordinance Of the confederation congress IN
| 1887. The state of Michigan adopted it. so has
Wisconsin, by her constitution in 1876; but 10
Ohio, by the act Of 1881, the right OF suffrage is
restricted to natural born and naturalzed citizens
and so | think it ought to be in all sound policy
We ngree, as we have said before, with Chaucel-
| Tor KEET, ss to what is the Sound policy" The
poioer however, is what we are discussing; and the
extract above Is conclusive against the Gazette, ii
KENT is authority.
| In the second volume OF bis Commentaries, in
discussing 'the rights of persons the same writer
says:
"There are statute provisions in favor of aliens,
| in South Carolina, Indiana, Delaware, and Mis-
souri,; and in Louisiana, Pennsylvania, Marylan
Illinois and Ohio, the disability OF aliens to take,
hold. and transmit real property, seems to be en-
tirely removed. In North Carolina and Vermont,
there is even provision inserted in their eonstitu
TONS that every person of good character, who
comes into the state and settles and takes an oath
of allegiance to the same, may thereupon purchase
and by other just means, acquire, hold, aud trans
fer land, and after one years residence, become en-
titled to most of the privileges of natural born
subject. These civil privileges, conferred upon
aliens, by state authority, are dictated bya jast
and liberal policy but they must be taken to be
strictly loca; and until foreigner is duly natural
lied according to the act Of Congress he is not en-
titled in any other state to sRy other privileges
than those which the laws Of that state allow aliens
No other state is bound TO admit nor would the
United States admit, any alien 10 any privileges,
10 which he is not entitled by treaty, or the laws
of nations, or the laws of the United States, or OF
the state in which he dwells. The article in the
constitution of the United States, declaring that
citizens of each state were entitled to all the privi
leges and immunities of citizens in the several
states, applies only to natural born or duly patu-
rallied citizens, and ifthey remove from one state
to another they entitled to the privileges that
persons of the same description are entitled to IN
the state to which the removal is made, aud to
none other. The laws and usages of one state
cannot be permitted to prescribe qualifications for
citizens TO be claimed aud exercised in other states
in contrevention to their local policy. 1t was de-
clared in Coyelav Coryea that the privileges and
immuDities CONCEDED by the constitution of the
United States TO citizens il the severalstates
to be confined to those which were, in their ma.
ture, fundamental and belonged of right to the
citizens Of all free governments. Such are the
rights of protection Of lie and liberty, and to ac
quTe and enjoy property, and TO pay no higher i'm
positions than other citizens, and to pass through
or reside in the state at pleasure and to enjoy the
elective franchise according to tie regulations Of the
lac Of The state"
We do not know neither the writer in the True
U5ig, who signs himself ".4n american" will or
will not pass for good authority with the GGsstte
He is not very good authority with Us, although
occasionally right. Our klow-nothing readers have,
however, heard him so highly praised, that they
will not wonder if we back up Judge KEET's opin-
ions by quotation from him. This American"
in the True Why Of Feb 18th, quotes the forego-
ing extract from kent, and says that judge Story
concurs in that opinion. He also says:
THAT, though Congress has the power to 'estab-
lish uniform rule OF nsturslizato it has none
TO establish any law prescribing the qualifications
which the electors Of the several States must have
TO enable them to vote il suy election or to hold
any Office within the Jurisdiction Of the States
The power to define the qualifications Of their own
electors or offce-holders, has ever resided in the
several States, whether under the old or new form
Of government II Congress possessed this power
it might impose some property abolition POLITICAL
sectional ties. qualification that would be vo-
lative Of the municipal regulations and Institutions
Of the several States. Indeed the General Govern
ment could not exercise this power without q most
dangerous usurpation of the rights ofthe States
1t would annihilate all State power and Influence"
Therefore, whether the naturalization laws Of
Congress are repealed or modified as we desire, or
not STILL egch State prescribe s own qualifca-
tons or terms by which not only its own citizens,
but those of any other State coming within its ju
risdiction, shall hold office exercise the elective
franchise"
This is exactly the position which we have taken.
And when we show that our position ia backed by
the opinions Of KENT and STORY as well as dis
huguished know nothing writer; that many of the
States have exercised the power we claim for them;
and that Congress has repeatedly admitted the right
of the States to admit aliens to vote we think we
have made out pretty strong case We are not
lawyers, and may not have made the most OF Our
material; but if we have not convicted the Gazette
of an egregious legal buuder, then we are Eno,c-
,,otfings.
As to the article in the Gazette Of yesterday
in brief-we have never contended that the
States could uaturalize aliens. Just what we say
is, that each State has the sole power to fix for
itself the qualification of voters Every State in