Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1855-02-03


such doctrines have ever been preached, they
have never been practised and what consummate
hypocrisy Is there in the croaking and abuse oil
the selfish and corrupt leaders OF the defunct POI
litcal parties against the American party, Tor act
ing on principle which they themselves nave
adopted to ostracise their political opponents from
every office In the gift OF the people or their gov
ernmenti Away with such hypocntical can't IL
Wen benefits the source from which it springs, and
win weigh but little with those who know and feel
that under the constitution and laws, they have
the right TO bestow their suifrages upon native
born Americans in preference 70 foreigners, be
they Irish, French, Russians, Turks, Kamskatcans,
or Hindoos
The second branch Of the position assumed by
the American party is, 81 that the naturalization
laws should be uniform throughout the United
States and no State should admit foreigners TO the
political rights Of citizensthe rights of suffrage
especially unless they have been first naturalized
according to the laws Of Congress" In asserting
this principle the American party is but maintain
ing the provisions of the Federal Constitution. The
second section Of the first article provides that
T." the House of Representatives shall be composed
Of members chosen every second year by the peo-
pie of the several States, and the electors In each
State shall have the qualifications requisite for
electors of the most numerous branch of the State
Legislature The eighth section of the same ar
ticle declares, that Congress " shall have power to
establish uniform rule of naturalization, through
out the United States" Now, If each State has
the right to admit foreigners to vote In the most
numerous branch of its Legislature, independent
Of and directly in the teeth Of the laws passed by
Congress, Of what avail is the power granted TO
that body to sestabsh.a uniform rule" through
out the Union? viii not the concession OF such
a right to each State be tantamount to an abroga-
ton of the power delegated to Congress? The
tba af
rests exclusively in Congress. No State can con-
vert an alien into citizen Of the United States by
the force and operation ofits own enactments.
The supreme court of North Carolina In the
case Of Rouche Us. Williamson, q Ire. Rep. l4l,)
decided that the Constitution Of the United States
having conferred on Congress the power " to es-
tablsh an uniform rule of naturalization" and Con-
gress having accordingly prescribed the mode by
which aliens may be naturalized, that part of the
forteth section Of the State Constitution, which
declares that every foreigner who takes the oath
of allegiance to the State and resides therein for
one year. shall be deemed free citizen, is no
longer in force. To enable foreigner to become
free citizen" then he must be naturalized ac-
cording to the laws of Congress- In support Of
this position the American party can call to its aid
the opinions of the ablest jurists and most distn-
guished statesmen of whom the country can
boast ask attention to what is said by Judge
Story on this subject. (Com. on the Con-, vol 3,
1.-THE propriety of confding the power to estab-
sh an uniform rule Of naturalization to the nation
al government seems not to have occasioned any
doubt or controversy in the convention. For
aught that appears on the Journal it was conceded
without objection. Under the confederation the
States possessed the sole authority to exercise the
power and the dissimilarity of the system in diff
ferent States was generally admitted as promi-
,a,t dafaot and laid tho foundation of many deli
cate and intricate questions. As the free inhabit-
ants of each State entitled to all the privileges
and immunites of citizens in all the other States,
il followed that single State possessed the power
of forcing into every other State with the enjoy
ment of every immunity and privilege, any alien
whom it might choose to incorporate into its own
society, however repugnant such admission might
be to their polity, conveniences, and even preju-
dicee In effect every State possessed the power
Of naturalizng aliens in every other State apower
as mschievous in its nature 1t was ndiscreet In
it's actual exercise. In one State residence for
short time might and did confer the rights of citi-
zenship In others, qualifications Of greater i'm
portance were required An alien, therefore, in
capacitated by the laws Of the latter, might, by
previous residence and naturalization in the for
mer elude at pleasure all their sautary regulations
for self-protection.
Thus the laws ola single State were PROFESSIONALLY
rendered paramount to the laws Of all the others,
even within their own jurisdiction. And 1t has been
remarked with equal truth and justice, that 1t was
owing 10 mere casualty that the exercise OF TINS
power under the confederation did not involve the
Union In the most serious embarrassments, There
is great wisdom then in combining to the national
government the power to establish a UNIFORM rule
of generalization throughout the United States. 1t
is Of the deepest interest to the whole Union to
know who are entitled TO enjoy the rights Of citi-
zens in each State, since they thereby, In effect
become entitled 10 the right of citizens In all the
States. III aliens might be admitted ndiscrimnate-
y to enjoy all the rights Of citizens at the viii of
single State, the Union might itself be endangered
by an influx Of foreigners hostile 10 It's institutions
ignorant OF its power, and incapable Of due esti-
mate Of It's privileges!
II follows, from the very nature OF the power
that 10 be useful It must be exclusive, for con-
current power in the States would bring back all
the evils and embarrassments which the uniform
rule of the constitution was designed TO remedy.
And accordingly, though there was a momentary
hesitation, when the constitution first went into
operation, whether the power might not still be
exercised by the States, subject only to the con-
troll Of Congress- far as the legislation Of the lat.
ter extended, as the supreme law, yet the power
is now firmly established TO be exclusve"-( Chirnc
"a. Chirac, 2 Whea Rep, $50 Rawle on the Con-
stitution, p. 81, s 10 8; Houston "a Moore,
Wheat r., 4s Golden u.s. Prince, Wash. r.,
SlS) The same doctrine, and similar process Of
reasoning TO sustain 1t, may be found In Kents
Commentaries on the Constitution, vol /, page 423
Both Clay and Calhoun, during the debate In the
Senate OF the United States in 1886, on the bill 10
admit Michigan as a State, advocated with great.
zeal and marked ability the same doctrine. In
truth, the argument of Mr. Calhoun on that occa-
sion, has never been answered, and cannot be. In
such hands the American party may readily con-
sent to leave the defence Of this branch Of their
principles and under such reasoning and authority
they are justified In concluding that State should
admit to the privileges Of citizenship foreigners
who have not first been naturalized according TO
the laws Of Congress, and that unless the States
carry out in good faith this salutary provision Of
the Federal Constitution, we cannot expect to es-
cape the dangers Of foreign influence, that banefu
foe TO republican government.
Supreme Court of the United states.
FRIDAY, February 2, 1855.