Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-04-17

The language Of the article stood unchanged
land both by its terms Of inclusion. "roo in
habitants,' and the strong implication from
, its terms of exclusion, "paupers, vagabonds
and iugitives from ustice,g who alone were
f excepted, it is clear, that under the Coniedcr-
alton. and at the time of tho adoption of the
Constitution, free colored persons, Of African
{ decent. might be-. and. by reason Of their be-
ing inhabitants of certain States. were cnti-
tied TO the privileges and immunities Of gen
: oral citizenship of the United States.
Did the Constitution of the United States
: deprive them or their descendants of citizen
Iship;
That Constitution was ordained and estab-
lished by the people Of the United States
through the action, in each State, of those
persons who were qualified by its laws to act
thereon in behalf of themselves and all other
4 citizens Of that State. In some Of the States,
as we have seen, colorod persons we're among
those qualified by law to act on tAis subject.
These colorcd persons were not only included
in the body of "thc people of the United
States, by whom the Constitution was or
daiucd and established, but, in at least five of
the States they had power to act, and doubt
less did act, by their sulrpgcs, upon hc ques-
ton Of its adoption. 1t would be stnnge il
we were to find in that instrument anything
which deprived Of their citizenship any part
of the people of the United States who were
among those by whom it was established.
| can find nothing in the Constitution
which. proDrio rigore, dcpriyes Of their cit-
zenship any class of persons who were cit-
zons of the United States at the time Of its
adoption, or who should be native born cit-
zens Of any State. after its adoption nor any
power, enabling Congress to disfranchise per-
sons born on the soil of any State and enti-
tied to citizenship of such State by its Com
stitution and laws. And my opinion is, that.
under the Constitution of the United States.
every free person born on the soil OF a State,
who is a citizen of that State by force of its
Constitution or laws. is also citizen Of the
United States.
] viii proceed Co tate the grounds of that
opinion. The first section of the second ar
ticlc Of the Constitution uses the language
"a natural born citizen 1t thus assumes
that citizenship may be acquired by birth
Unfortunately this language of the Constitu-
tion was used in reference TO that principle of
public law, well understood in this country
at the time Of the adoption of the Constitu-
tion, which referred citizenship to the place
Of birth. At the Declaration of Indepon-
dence, and ever since, the received general
doctrine has been in conformity with the
common law, that free persons. born within
either Of the colonies. were subjects of the
King that by the Declaration of Indepond-
ence. and the consequent acquisition of SOW
ereignty OF the States. all such persons ceas-
ed TO be subjects, and became citi1cus of the
several States, except so far as some Of thcm
were disiranohiscd by the legislative power of
the States, or avaied themselves seasonably
of the right to adhere to the British crown
10 the civil contess and thus p continue
'iiiti.i4 suvje sfcfIvaln Vs. Naye's Les
see, 4 Cranch. 209.l
The Constitution having recognized the
rule that persons born within the several
States are citizens of the United States ono
of four things must be true:
First, That the Constitution itself has de-
scrbed what native born persons shall or shall
not be citizens of the United States. or,
Second, That it has empowered Congress
to do so or
Third, That all free persons, born within
the several States. are citizens of the United
States or.
Fourth, That it is left to each State to de-
determine what free persons, born within its
limits, shall be citizens of such State. and
heroby be citizens Of the United States.
If there be such a thing as citizenship OF
the United States acquired by birth within
the States, which the Constitution expressly
recognizes, and no one denies, then these four
alternatives embrace the entire subject, and
it only remains to select that one which is
true.
That the Constitution itself has defined
citizenship of the United States by declaring
what persons born within the several States
shall or shall not be citizens of the Unit
ed States, will not be pretended. 1t con
tains no such declaration. We may dismiss
the first alternative as, without doubt, un-
founded
Has it empowered Congress TO enact what
free persons born within the several States
shall or shall not be citizens of the United
States
Before examining the various provisions OF
the Constitution which may relate to this
question. it is important to consider for a
moment the substantial nature Of this inqui-
Try. 1t is, in effect, whether the Constitution
has empowered Congress to create privileged
classes within the States who alone can be en-
titled to the franchises and powers of citizen
ship of the United States If il be admitted
that the Constitution has enabled Congress to
declare what free persons, born within the
several States, shall be citizens Of the United
States, it must at the same time be admitted
that it is an unlimited power If this sub
iect is within the control of CsHs,rsss it must
depend wholly on its discretion. For GER
tainly, no limits of that discretion can be
found in the Constitution, which is wholly
silent concerning it. And the necessary con-
sequence is that the Federal Government may
select classes of persons within the several
States who alone can be entitled to the polit-
ical privileges Of citizenship of the United
States
If this power exists, what persons born
within the States may be President or Vice
President of the United States, or members
of either House of Congress, or hold any Of
fee, OF enjoy any privilege, whereof citizen
ship of the United States is necessary quail
ifcation, must depend solely on the will o
Congress. BY virtue of it, though Congress
can grant no title of nobility, they may ere
ate an oligarchy, in whose hands would be
concentrated the entire power of the Fedora
Government. II is a substantive power, dis.
tinct in its nature from all Others capable o
affecting not only the relations Of the States
to the General Government, but of controll-