Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-04-17
WHOLE NO. 2635.


upon us, that if there was designed to be a
particular class of native born persons within
the States, deriving their citizenship from the
Constitution and laws Of the United States,
they should at least have been referred to as
those by whom the President and House Of
Representatives were to be elected and to
whom they should be responsible. Instead
OF that, we again find this subject referred to
the laws Of the several States. The electors
OF President are to be appointed in such man
ner as the Legislature Of each State may di-
rect, and the qualifications Of electors of
Members of the House OF Representatives
shall be the same as for electors of the most
numerous branch of the State Legislature.
Laying aside. then, the case of aliens. con-
corning which the Constitution Of the United
states has provided. and confning our view
60 free persons born within the several States.
we find that the Constitution has recognized
the general principle of public law that allie
gancc and citizenship depend upon the place
of birth that it has not attempted, practical
ly. to apply the principle by designating the
particular classes of persons who shall or shall
not come under it, that when we turn to the
Constitution for an answer TO the question,
what free persons, born within the several
States the only answer we can receive from
any of its express provisions is, the citizens
OF the several States are TO enjoy the privi-
leges and immunties of citizens in every
State, and their franchise as electors under
the Constitution, depends on their citizenship
in the several States. Add to this, that the
Constitution was ordained by the citizens of
the several States that they were "the peo-
pie Of the United States for whom and
whose posterty the Government was declar-
ed, in the preamble Of the Constitution. to be
made that each of them was a citizen of the
United States at the time of the adoption of
this Constitution, within the meaning OF those
words in that instruments that by them the
Government was 10 be and was in fact organ
lied and that no power is conferred on the
Government of the Union to discriminate be-
tween them, or TO disiranchsc any of them.
The necessary conclusion is, that those per-
sons born within the several States who, by
force OF their respective Constitutions and
laws are citizons of the States, thereby
citizens of the United States.
1t may be proper here to notice some sup
posed objections to this view of the subject.
1t has been often asserted that the Consti-
tuition was made exclusively by and for the
white race 1t has already been shown that
in five of the thirteen original States, colored
and were among those by whom the Consti-
tuition was ordained and established If so,
it is not true in point of fact that the Consti-
tuition was made exclusively by the white
race. And, that it was made exclusively for
the white race is, in my opinion, not only an
assumption not warranted by anything in the
Constitution, but contradicted by its opening
declaration that it was ordained and estab-
lished by the people of the United States for
Ahemselyes a4d their posterity And as free
-.a.isre,s -l,ee5cus were JIu CITIZENS of five
States, and so in every sense part of the peo-
pie of the United States, they were among
those for whom and whose posterty the Con-
sttution was ordained and established
Again, it has been objected. that if the
Constitution has left to the several States the
rightful power to determine who of their in
habitants shall be citizens of the United
States, the States may make aliens citizens.
Tho answer is obvious. The Constition
has left to the States the determination what
persons born within their respective limits
shall acquire by birth citizenship of the Unit
ed States it has not left to them any power
to prescribe any rule for tie removal of the
disabilities of alienage The power is exclu-
siyely in Congress.
1t has been further objected that if free col
ored persons, born within a particular State
and made citizens of that State by its Consti-
tuition and laws, are thereby made citizens of
the United States, then, under the second
section of the fourth article of the Constitu-
ton, such persons would be entitled to all
the privileges and immunities of citizens of
the United States and if so, then colored
persons could vote and be eligible to not only
Federal offices, but offices even in those States
whose Constitution and laws disqualify coll
ored persons from voting or being elected to
office.
But this position rests upon an assumption
which deem untenable. Its basis is that no
one can be deemed citizen of the United
States who is not entitled to enjoy all the
privileges and franchises which are conferred
on any citizens See l Lit. Kentucky r.,
326 That this is not true under the Con-
stitution of the United States, seems to me
clear.
A naturalized citizen cannot be President
of the United States, nor Senator till after
the lapse of nine years, nor Representative
till after the lapse of seven years from his
naturalization. Yet, as soon as naturalized,
he is certainly a citizen of the United States
Nor is any inhabitant of the District Of Co
umbia or of either of the Territories. eligible
to the office of Senator or Representative in
Congress, though they may be citizens Of the
United States. So in all of the States, nu-
merous persons, though citizens, cannot vote,
or cannot hold Office either on account of their
age, or sex, or want Of the necessary legal
qualifications. The truth is, that citizenship,
under the Constitution of the United States,
is not dependent on the possession of any
particular political, or even Of all civil rights
and any attempt so to define it must lead to
error. To what citizens the elective fran
chise shall be confded is question to be de-
termined by each State, in accordance with its
own views Of the necessities or expedienees
of its condition. What civilized rights shall
be enjoyed by its citizens, and whether all
shall enjoy the same. or how they may be
gained or lost, are to be determined in the
same way.
One may oonfne the right of suffrage to
white male citizens another may extend il
to colored persons and females one may al
low all persons above prescribed age TO con
vey property and transact business another
may exclude married women. But whether
native born women or persons under age, or
under guardianship, because insane. or spend
a. tn 81, or lol1intr