Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1855-01-05

it certainly would nave done II tne meaning OF these
terms had not already received fixed Specification
That the constitutional use of the word citizen does
not necessarily include full citizenship, but that the
distinction between full and PARTIAL or general and
special citizenship is recognized is seen in that pro-
vision which confes jurisdiction upon the federal Ju-
dietary in controversies between citizens of different
States" 1t has uniformly been held by statesmen
we'll as ursts that in this connection the term citi
gen was intended TO signify merely resident or in
habtant
IF. however, the question doubtful, the rules
of construction would justify us IN resorung TO the
action of the States themselves, the pates TO the
pact as evidencng the sgnihcatlon of this grant
of power will not refer to mere acts Of the State
legislatures, although they numerous but to the
constitutions of the States, which the voice of the
people is directly declared. BY them it will be seen
that the States have on acted upon the question
of time necessary probation for citizenship, but
on the fundamental question as to the classes
of citizens entitled to the enjoyment of lis privileges
The constitution of Massachusetts excludes paupers
Maine, Indians not taxed Rhode Island, the Nara
ganset tribe of Ind;ans Indiana, persons enlisted in
the army of the United States Connecticut, New
Jersey, Pennsylvania, Oha, Indiana, and Illinois,
Negroes, Indians, and all but "white men," Again
Ohio admits to full citizenship 4" inhabitants" " who
reside in the State year llliuos, Inhabitants
with six months residence, without reference to the
question whether they were naVeborn of the State,
or being of foreign BIRTH have been naiuralZed
der the act of Congress and Wisconsin has proceed
ell step further; and thrown wide open the doors
of her temple to all who have declared their inten-
ton to become citizens These will suffice for an IL
usration and if it necessary to bring to bear
the action of the State Legislatures | might content
myself by referring to the Of Come ;ticut passed
in 1888. making it highly penal for any one in that
State to give instruction or open school for that
purpose to coored persons of other States. The pre-
ambe to this act tells that the residence of such
persons should be discouraged and prevented as an
evil to the State. 1t for just such reasons that
South Carolina, Alabama, and other southern States
have passed similar laws yet if | mistake not no
State has been bitter than Connecticut in the
denunciaton of them. Nor do these acts of the leg.
slature rest alone upon legislative authority. They
have been sustained by the highest judicial tribunals
of the States In the case of the act lust referred 10
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; ITO my mind, it
would be peryersion 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, used in the constitution. God forbid that
should add to the degradation of this race of men,
but am bound by my duty, 10 say they not citi-
Zens.' (Crandal Stale Conn, 347)
1t is my intention to enter into an elaborate ar
gument, but to state briefly the reasons upon which
have formed my opinions on the subject The pro-
visions of the constitution already referred to
while they do not the whole ground, and divest
the States of all power the subject matter thew
4
one State removing TO another Tin the language of
the chief justice of Massachusetts, become citizens
of the adopted State without naturalization, and have
a right to and be sued citizens; and yet this
privilege is qualified, and not absolute, for they can
not enjoy the right of suffrage, of eligibility 10 Of
fee, without such term of residence shall be pre-
scrbed by the constitution and laws of the State into
which they shall remove. They shall have the pri-
vileges and immunities of ctzens-that is, they shall
not be deemed aliens, but may take and hold real es
! according of
eventually enjoy the full rights of citizenship without
the necessity of being naturalized" Abbott VS. Bail
ey. 6 Peck, 91.)
IT, therefore, there any such evil is said to ex-
ist the evil arises out Of State legisation and it is
for the States toappy the remedy. They can length.
en- the probationary PERIOD shorten it, at will but
as Congress is not constituonay authorized to con-
troll this subject, the propriey of engaging its dis
cussion of the proposed measures may well be doubt
ed believe there is power of the States so sa-
cred as the right to determine who shall exercise the
elective franchise. believe further, they have new
er yielded this right, and never will.
With great respect, your obedient servant,
p PHILLIPS.
WASHINGTON, Dec. l8, 1854