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

$ IPIH all be made 6rlght IN the morning
Naturalization and citizenship.
To the Editor of the Union In compliance with a
request made by you few days ago, | now submit
for examination the opinions entertain as to the
power OF the federal and State governments over the
subject of citizenship. The consideration of this
question derives increased interest and importance
from recent manifestations of the popular feeling
and from the introduction into the two houses of
measures intended TO correct the supposed evil 1t is
alleged that the exercise of the right of suffrage by
naturalzed citizens has been productive of great evil
to the interests of the country, and the remedy is
sought in federal legislation acting upon the power
of passing uniform naturalization laws How far,
then Congress can by its acts control the right of
suffrage the question which lies at the very thresh
old of the subject.
1t is contended Il at the power conferred by the
constitution to g establish uniform rule of natur-
| azation" Is, when exercised by Congress, neces
sarily exclusive of any similar power the States.
We may admit this to be true, and still the question
remains did the States, in granting this power to
Congress, yield up their right to regulate political
suffrage within their own limits j.?
The constitution of the United States contains stp-
ulations in reference 10 the qualification of the junc
tionarieS who to administer the federal govern
nent. A represen tative must have been citizen of
the United States for seven years; senator for nine
years. The PeSident is required 10 have been nat
ura born citizen of the United States at the time of
adoption of the constitution, and fourteen years
| resident within the United States. But while the
constitution thus exercises its control the quail
fcatons of the functionares it nowhere undertakes
to regulate the qualifications of the constituency
Recognising the principle that ii ordained by
the people of the several States each acting for itself
and by ITSELF the only qualification of electors TO be
found in IFS provisions is, that for members Of the
House of Representatives the electors in " each Stae
shall have the qualifications requisite for electors of
the most numerous branch of the State legislature"
| There is neither express grant of power to the
federal government nor prohibition 10 the State in
reference the right of suffrage. and the clear impi
cation from the clause just quoted is, that was left
with the several parties 10 the compact matter
of State Jurisdiction.
1t is supposed that this original jurisdiction of the
States has been impaired by the I'd section of the 4th
article which provides '' that the citizens Of each
State shall be entitled to all privileges and immuni
ties of citizens Of the several States 4" But submit
it never was intended by this to consolidate the gov
erument by melting down into one common mould
the right of citizenship. A citizen of New York
does not become ipso f0cto citizen of Alabama 50
as be invested with all the political rights of citi-
zenshp 1t is within the State power 10 require any
length of probation, 10 discriminate between ma
tive born and foreigners or even wholly TO exclude
| foreigners. And the States foreign 10 each
other, except in under the control of consti
tuonal stpulations it may be well TO reflect that
The day may come when the pre- udices sought
be organized for political action may lead to laws
of exclusion among the nativeborn citizens of
! the different portions OF the confederacy.
'hat, then privileges and immunites in
a constitutional sense We answer, with the court
of MARYLAND, they mean that the citizens of all the
States shall have the peculiar advantage of acquiring
and holding real as we'll as personal properly, and
/ that such property shall be protected and secured by
the laws of the State in the manner as the pro
perty of the citizens is protected They mean that
such property shall no; be subject to any taxes or
burdens which the property OF the citizens is not sub
( inct tO They a me hos
shall be on the same footing with the State creditor
| in the payment of the debts of deceased debtor
They and project personal rights, but they dc
not confer the right of voting holding Office. The
contemporary history of the constitution contributes
very much TO enforce the view here taken of these
| terms. The same words used n the articles of
confederation The free inhabitants of each Of the
States &c shall he entitled to all privileges and i'm
munities Of free citizens in the several States; and
the people of each State shall have free ngress and
egress to and from any other State and shall enjoy
therein all The privileges of trade and commerce. sub
ect 20 the same duties, impostons, and restrictions
as the inhabitants thereof respectively" II would
seem to be clear that political rights not intend
ed 10 be conferred by this clause The right of suf-
trage being In representative government the high
est right OF citizenship, it is not 10 be supposed it
i would have been omitted in the specific alton
to be found in the article from which we have quo.
ted, and thus left TO mere construction or implications
while minor rights were carefully and expressly pro-
vided for. 1t will be seen that the "prgileges and
immunities not even by this provision to citi-
zens but extended 10 "inhdbitdntS." This must
be conclusive it to me, of the construction un-
der the confederation. No Intelligent mind could
suppose that the States which were sovereign and
independent ever intended that mere "inhabitant -
of one of them should exercise the rights of suffrage
which belongs only to full citizenship in every other
State.
Now, if I am right in this it is certainly not a.
strained argument to insist that the same words used
| in the same connexion. when transferred into the
constitution, mean the same thing. The force of this