New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-13

oentraied The entire power Of tne Federal III
II substs pfive pov distinct IN ne nsture of
oth<r,; capable OF affecting not only ne iess.s
the States to the General Government but o. eon 49,,
the political coneoD OF The people OF The S an.
Cerisply We ought 20 find this po~er gIsnxH os bs.
ConshufAp, at least by ZONE Necessary &c. ar the
fore We c6a psy il does not remsir 70 the SAGE "
people. proceed, therefore, to examine =, -. ~,
vrions Of the Con stifutoo, which may have SONIC '
ing on this subject c,... I.
Among the powers expressly granted 70 Ccnsress
"tbe power 10 estAbhsh Q uniform rule OF hafursIa
ton IL is not doubted tbs: this s power 70 p.e
suibe rule for the removal Of the disaotuss
quent foreign birb. To hold that II eIfencs ius.
usn this would do violence % the meaning oil zoe n
nsfurafz sfiop, fixed in the common law 10. LII:
l29 a. Yes Sen 80; Bl. Com. 23, q soa 10 VIC
minds of these who ooncurred in framing and 40 'PNls
n Cor etitntiop l. in this sense OF copieiot ~
an slep and his issue the rights and power OF ns
born CITIZEN tbs, il wss en- piOyed IN the Deosi
Independence. IL sss in this sense It was exp ,unu
in The Federal,a (No. AZ. In this sense II ns wSss
understood by Ccseress, by the Judiciary = Wnro
2j9 269; 3Wash., K 3l3, 81; IL Whea %'l, a
by Commentators on the Const'utien stor{ .y p
on Con. l. 3; Raue on Con. 81, 80; tucker d.
II sptesIs then the only power, expressly eisn.eu
10 Cor i.ss 10 egislae concerning ci'izearDip ,s
fined 10 the removal tf the Disabilities OF foreign ou
Whether there be any thing in The Constitution ~,
which broader power may be implied, WIZ v.s
seen when we come 70 e1smiDe the cwo o'hei on-i ~
tyes which are whether all rec persors born on ".
% OF The several States, or only such o. then as ny
he o
ci,izeps Of the United States The last OF theee ai'ei
Iatves in my judgment, contains the rutn.
Undoubtedly ss has are ady been said, IT 10 pfin:.
pie Of public law, Recognized by tne Co1
self that birth on the soil of country, ooth cres
the duties and cobfe,s the rights OF citizenship Du'
must lie RENE mbered that though the Constltuton "a'
10 form government and under IT the cnre ! cIa'es
of America were be United sovereign nafion 10
which 10y atty and obedience on the enc sde and rGu
which protection and privileges on the other wou oe
due yet the several sovereign States, whose people
rlu % naT fInnA IA aNI AZ
ence, but with powers uninpsred. except go far as
they wee granted by the peofle to the National Gov
eminent
Among the powers unquestonsbly possessed oy tn
several States wss thst OF determining what pefs 'n'
should and what persons should not be citizens. IL
wsp prscticsb 10 confer on the Government OF the
Tton Il lie eItire power. 1t embraced wha. may, well
erougb fer the purpose now in view be divided INTO
three parts First the power 10 remove the disaoi'
ties Of aepsge either BY special acts in reference to
each individual case or by establishing rue ct naI.
razation to Re administer ed and applied by the Courts
seConc, determining what persons should ENJOY inc
privileges Ct citizenship in respect TO the inlernai al
fairs CT the several States; third Whist native born
citjzens should he citizens Of the United Sta'es
The frstnsmed power, that Of estabishing uniform
rule OF naturalization, was granted and here me gram
according to lie terms, stopped Conefrupg Cons'i
tuition contaniI only limited and defined pow OF
Cover ment the argument derived from this definite
sId restricted pow er TO establish rule OF natufAz
ton, must be admitted TO be exceedingly strong do
troed by other psis Of the Con.titution. Bat when
I, il attic uar subject Ct ctzenhp was und, consld-
traticD ard i'll the clause specially intended 70 oehne
the extent of power concerning 1t, we ma parucaat
mart of this entire power separated from the resldue,
ar conferred on the General Government there arlses
stcre presumption that this is all which Is granted
and that lie residue is left 10 the States and 10 tne peo
pie And this resumption II, IN my op'nioo, con-
Te,,ed Into a certainty By An examination OF all such
other caufes Of the Cor situion touch thus suJ-c
will examine each which can have any possible Dear
| iii this que stioD.
The fret csuse of the second section Of the third
| ticle Of the Cor sttution Gays:
Ths St pow. 'a ss s%ssn ss s
States. between citizen. Of the same s.,s Gaining Land.
cinens thereof and foreign States citizens subcts'
do not think this cause has any considerable bear
ing upon the particular Dquhy now under consioefa-
ton Is pun pose to exteLd the judicial po yer to
III, COZ roveses into which local feelings or nterese
mis- ht enter 81 10 disturb the Of justice or give
r.e TO su,pciol that they bad done and thus pos
sbly give occasion TO jealousy or wi between differ
81 Ststes or particular Stae and foreign nation
| Az the same time would remark in passing tina, is
tss uever BEEN held co not hnow that II has ever
b. Gu suppottd that sry citizen OF Sta could oripg
bin self under the clause snd the llth snd 18th Sec
ops of the judiciary act Of lS9 passed in pursuance
Of il who was not ciizeD OF toe United Sta'es. Bat
have referred to tho clause. only because ~ one OF
the places where citiz Dsbp is mentioned by the Con-
stituton Whether it is entitled TO shy weight IN this
irouy or not il refers only TO citizenship 81 the saw
ersI Stsiep 1t recognizes that but IT does not
pize citizenship of the United States as something dis
| tpct thereirom. 80. -
Ar has been said the purpose Of this clause did not
rec,esIily connect Il wi citizenship Of the Uni cd
| States even If that something distinct from cu
yepthip Of the stvsra Saes in the contempt stion Of
the CO Institution. This not be raid ofother clauses
of the Constitution which now proceed TO refer to
"The citizens Of each State sbsll b. entitled to al
"tbe pIiyitges ard inmunes Of citasn s Of the seve
"Ial States Nowhere else in the Constitution is
there any thing concerning a general citizenship but
IL t.t Oh IL
ont he Cpiisd Staies under snd by force of the
tonal ccmpsct are granted and secured In selecting
these who ale to tp-y thee nations reh's of citizen
ship, bow they descrioed Az citizens of each
State n TO item thee pa'ior al rights secured
The ooslifcs cation for them il rot to be looked for ia
My proyi.icr of the ,p-,uto OF laws of the Untei
Statep They are To be CITIZENS Of the several Slater
snd, az tuch the privileges Snd immunioee OF general
| sitizep.hp derived from and guaranteed by tue { m
| stiuti sie TO be enjoyed IL would seem that il it
he'd been intended TO constitute c'ass ot native born
p+iecrs with in the States who sho aid derive their c
zerstip Of the Enite6 States from the aciou Of the
Fer ,rsl Coye,nu ent y ID occasion ref.rring
10 Them Ii cannot he supposed that vas the purpose
,fhs article corf,r be privileges and mmuuities Of
stzers in all the S'a'e upon pers'rs not citizens of
the UIi,d S'a'ts. Ard il ~se in'eode1 to secure
| these rights Ct " TO ctz Of the Cnited Stues hoY
has The Constitution here deecdbed sdch persons
| Simply a. citizens Of each STATE.
But furbe--thcush az sball presently more folly
ttaie-I do ret think the rjo!ment OF the elective
cbise essential Ia citizenship there Can bs doubt
j. one of the cbiets attributes of citizenship under
The An erioap Cor suiion and the JUS and consi'u
tioI al po.ession of the right is decisive dence Of
ciizer,bip The provisions msde bys Constitution on
tbs sutitct must therefore be looked 70 As bearing
directly the question what persons are tizen, under
that Constitution; and btIg decisive TO thi, extent
that all tuch persons ave allowed by the Constitution
TO e1erone the elective Iarchse, and thus to partc
pate in the Government Of the uDsed S'atss must be
deemed citizen. Ct The United States. Here, az sin
The comic eration presses itself upon that If there
| r..,tc, ola 80, =