Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-03-21

siablish a nobility, but il can create an olgar-
ehy, in hose hands would be concentrated the
entire power Of the federal government All
provisions possibly bearing on this point should
be scrutiuized Among the powers delegated
to Congress is 'ihe power 10 establish a uni
form rule of naturalization I" Itis not doubt
ed that the power here alluded to is iha;to pre-
scribe a rule for The removal Of tho disabilities
consequent ON foreign birth. Il can extend no
further, and this is tho Only power granted TO
Congress to legislate concerning citizenship
Whether there be anything in the constitution
from which broader power may be implied,
will be seen when VIC come to examine the two
other alternatives, which are, whether all free
persons, born on The soil Of the several states,
or only such Of them as may be citizens Of each
state respectively, are thereby citizens Of the
United States. To tho last of these Judge
Curtis adheres.
1t is a principle of public law, recognized by
the constitution itself, that birth on the soil of
a country, both creates the duties and confers
the rights Of citizenship But it must he re-
membrred, that though the constitution was TO
form government, and under il the United
States of America were to be one united sover-
eien nation, to which loyalty and obedience on
he one side, and from which protection and
privileges on the other would be due, yet the
several sovereign states, whose people were
then citizens, we're not only 10 continue in ex-
stence, but with powers unimpaired, except 50
far as they were granted by the people to the
national government.
Among the powers Of the several states was
that Of determining what persons should and
should not be citizens. It,was in their capac.
iiy to confer this entire power npon the gov
eminent Of the Union but they did not. They
stopped when they had granted it the simple
and single power TO establish a uniform rule of
naturalization, aud retained all else in their own
hands.
There is nowhere Ia the constitution any ref
erence TO general citizenship save in the pas
sage: "The citizens of each state shall be en-
titled TO all the privileges and immuniles Of
citizens of the several states" Those who arc
TO enjoy the national rights of citizenship are
"citizens Of each state" The qualification for
them is not TO be looked for in any provision Of
the constitution or laws Of the United States.
They are 10 be citizens of the several states,
and, as such, the privileges and immunities Of
general citizenship, derived from and guaran-
tecd by the constiutson, are to be enjoyed
Again, if there was intended to be particular
class Of native born citizens, deriving their Gill
zenship from the constitution and laws of the
United States, they should at least have been
referred to as those by whom the president and
the House of Representatives were TO be elect
ed, and 10 whom they should be responsible
Instead Of that, we again find this subject re-
ierred 20 the laws of the several states. The
electors of president are TO be appointed in such
manner as the Legislature of each state may d.
rect, and the qualifications of electors of mem
bers of the House Of Representatives shall be
the same as for electors of the most numerous
branch Of the state legislature.
We find that the constitution has recognized
the general principle of public law, that allegi.
ance and citizenship depend on the place o
birth, that the constitution was ordained BY the
citizens Of the several states, that they were
''lhe people of the United States,'' for whom
and whose posterity the government was de-
clared, in the preamble of the constitution, to
be made, that each of them was citizen of tn,
United States at the time of the adoption ofthi
constitution, within the meaning of those word
IN 'l.~4 ;-e4.-vrHene /, ty rru tire govern
ment was to be and was in fact organized an,
| that no power is conferred on the government
( of the Union TO discriminate between them. O
10 disfranchise any of them. The NECESSARY
conclusion is, that those persons born within
the several states, who by force Of their respec
tive constitutions and laws are citizens of thu
states, are thereby citizens of the Unite,
States.
1t is often asserted that the constitution wa.
made exclusively for the white race Blu
when it was formed, in five of The thirteer
states the right of suffrage was held by free col
osed persons, who were among those by whom
the constitution was ordained, and as they were
people of The United States, " they were among
those for whom the constitution was establish
ed. 1t is objected that if free colored persons
born within particular state, and made citi
zens of that state by IFS constitution and laws
are thereby made citizens of the United States
then such persons would be entitled 10 all III,
privileges and immuniies of citizens in the sew
eral states; and, if so, colored persons coulc
vote and be eligible not only 10 federal office
but Offices even in those states whose constitu
ton and laws disqualify colored persons from
voting and being elected TO office. Judge Cur
lis argues the untenaheness of this position al
! folows:-
"A naturaized citizen cannot be president O
the United States, nor senator ill after III,
lapse of nine years, nor a representative ill at
ter the lapse Of seven years from his naiuraI
cation. Yet, as soon as naturalzed, he is Ger
tainly citizen of the United States. Nor il
any inhabitant of the district of Columbia, or o
either OF the territories, eligible 10 the Office
senator or representative il Congress, though
they may be citizens Of the United States. 81
in oil Of the states, numerous persons, though
ciiizcns, cannot vote, or cannot hold Office, Ell
thcr on account of their age, or sex, or III,
want of the necessary legal qualifications
The truth is, that citizenship, nnder the consti
tuition Of the United States, is not dependent OF
the possession of any particular political, o
even of all civil rights; and any attempt so /,
define il must lead to error. To what citizen
the elective franchise shall be confded is
question 10 be determined by.eaeh state, in &C
] mi st,. Il. q.