The American. [volume] (Washington [D.C.]) 1857-1857, 1857-09-12
!, CATERING TO FOREIGNERS.

CATERING TO FOREIGNERS.
Among those authorised by the new constitution
of Minnesota to vote for members Of Congress,
Presidential Electors &C., are
white persons Of foreign birth, who shall have
declared their intention TO become citizens, con-
formally to the laws of the United States upon
the subject of naturalization.
Now we contend that neither Minnesota nor any
other State has right thus to natsralize foreign
ers, or permit aliens to exercise the privilege
which belongs only to citizenship, Such an exer-
else of power is violation of the Constitution OF
the United States, as we will show by the highest
authority, or that which is nearly equivalent to a
decision of the Supreme Court
Mr.. Madison, discussing this subject in No. AZ
of the Federalist speaking of the article Of the
Constitution which gives the citizens of our State
all the rights, &C., of citizens in the several States
else the right of naturalizing aliens, The very
improper power would lin that easel be retained
by each State ofnaturalizng aliens in every State
"We owe it." he says, to mere casualty, that
under the old Confederation very serious embar-
easements on this subject have been hitherto
escaped. By the laws of the several States, GER
tain descriptions of aliens, who had rendered them
selves obnoxious, were laid under interdicts neon
sstent, not only with the rights Of citizenship, but
with the privilege Of residence What would
have been the consequence, if such persons, by
residence or otherwise, had acquired the character
of citizens under the laws of another State, and
then asserted their rights as such, both to resi-
dence and citizenship, within the State prescribing
thems The new constitution has &C.
cordiIgly, with great proprety, made provision
against them, and all others proceeding from the
defeat Of the confederation on this head by authorz-
ing the general government to establish an uniform
rule of naturalization throughout the United
States"
Is not this clear and distinct? And who is better
authority for what the Constitution is, and was
meant to be, than Mr.. Madison? Here he gives
the reason why the Constitution thus placed the
whole and exclusive power in the hands of Con-
gress, and in doing took away from the States:
and yet certain States-new States-no assume
and exercise this very power!
BY the I'd section of the 4th article Of the Con-
stitution it is declared that The citizens of each
State shall be entitled to all privileges and immu-
mites of citizens in the several States" Now to
allow an alien the right to vote, is to remove his
alienage, and make him citizen; for there can
be but two classes, citizens and aliens IF man
| is citizen he is not an alien; and if alien,
| not citizen But would an alien naturalized by
Minnesota, have the right to vote in Maryland or
Virginia. certainly not.
Dd.ing the discussion of the bill to admit Mchi-
gan into the Union, in the constitution Of which
was clause allowing aliens to VOTE Mr.. Calhoun
said:
"The Constitution confers on Congress the au-
4 thority to pass uniform laws of naturalization.
| This will not be questioned; nor will it be- that
the effect of naturalization is to remove alienage
$40 remove aleinage, is simply to put the for.
cigner in the condition of native born. To this
extent the act Of naturalization goes, and no fur
I Their.
"The next position is no less certain, that when
Congress has exercised its authority by passing a
uniform law of naturalization las it has) it excludes
the right of exercising similar authority on the
part of the State. To suppose that the States
could pass naturalization acts of their own after
| Congress had passed an uniform law of naturali-
zation, would be to make the provision Of the Con-
stitution nugatory. 81
az have shown that citizen is not an alien,
and that alenage is an masquerade barrier, till
removed to citizenship; and that it can only be
removed by complying with the act of Congress.
IL follows, of course, that a State cannot of its
own authority, make an alien citizen without
such compliance.
Whatever difference of opinion there may be
as TO what other rights appertain to citizen, all
must, at least agree that he has right to petition
and also to claim the protection of his govern
ment. These belong TO him as a member of the
body polite, and the possession Of them is what
separates citizens Of the lowest condition from
aliens and slaves. To suppose that q State can
make an alien citizen of the State, or to present
the question more specifically, can confer on him
the right Of voting, would involve the absurdity
Of giving him direct and immediate control over
tie action Of the General Government, from which
he has no right 10 claim the protection and 10
which lie has no right TO present petition. That
the full force OF the absurdity may be felt II must
DC borne In mind, that every department of the
General Government II either directly or indirectly
under the control Of the voters in the several
States. The Constitution wisely provides that the
voters for the most numerous branch of the Legis-
latures In the several States, shall vote for the
members OF the House of Representatives; and
20 the members Of this body (Senate) arc chosen
by the Legislatures Of the States, IL follows. as
haye stated, that the action Of the General Gov
ornment is either directly or indirectly under the
control Of the voters In the several States. Now,
admit that State may confer the right Of voting
all alicns and IL viii follow as necessary con-
sequence, that We might have among our consti.
luents, persons who have not the right 10 claim
the protection Of the government, or 20 present a
petition 10 t.
But stll greater difficulty remains Suppose
war should be declared between the United
States and the country 70 which the alien belongs
suppose for instance, that South Carolina should
confer the right Of voting on alien subjects OF
Great Britain residing within her limits, and that
war rhould be declared between the two countries
what In such an event. would be the condition Of
that portion of our votersf They, az alien enc.
mics would be liable 20 be seized under the laws
Of Congress, and 10 have their goods confscated
and themsevesimprisoned, or sent out Of the coun.
~. The principle tina, leads 10 such consequences
cannot be true; and venture nothing In asserting
that Carolina NJ least vii never assent 20 incor.
porate, a. members ~ her body polite, those who
might be placed In - degraded condition. and
~ completely under the control Of the General