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

comforting on an alien and his issue the rights
and powers of nativc-born citizen that it
was employed in the Declaration of Indepond-
cnce II was in this sense it was cxpounded
in The Fedcralia No 42.) In this sense it
has been understood by Congress. bv the Ju-
dietary q Whea., 259. 260 Wash. r.
3l3, 1922; u Whoa. 277,) and by Commonta-
tors on the Constitution 3 Storys Com. on
Con. /, 3 Rawle on Con. 81. IS; Tuck
er's Bl. Com. Appx 253, 250)
1t appears that the only power expressly
granted to Congress to legislate concerning
citizenship is confined to the removal of the
disabilities Of foreign birth
Whether there be anything in the Consti-
tuition from which a broader power may be
I implied. will best be seen when we come to
examine the two other alternatives. which arc
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,
arc thereby citizens of the United States
The last Of these alternatives in my iudg-
ment, contains the truth
Undoubtedly, as has already been said, it
is principle Of public law, recognized by the
Constitution ITSELF that birth ON the soil of
a country both creates the duties and coniers
the rights Of citizenship. But it must be re-
to form government, and under it the Unit
ed States of America were to be one united
nation, to which loyalty and obedience ON the
one side and from which protection and priv
ileges on the other would be due, vet the
several sovereign States, whose people were
then citizens, were not only to continue in
existence, but with powers unimpaired. ex-
cept so far as they were granted by the peo-
plc to the National Government
Among the powers unquestionably possess
ed by the several States was that of determ-
ming what persons should and what persons
should not be citizens It was practicable TO
confer on the Government of the Union this
entire power. 1t embraced what may. we'll
enough. for the purpose now in view. be di-
vided into three parts. First the power TO
remove tho disabilities Of alienage. either by
special acts In reference 10 each individual
case, or by establishing a rule of natuIalza-
ton to be administered and applied by the
Courts. Second, determining what persons
should enjoy the privileges Of citizenship in
respect to the internal affairs of the severdl
States. Third, what native-born citizens
should be citizens Of the United States.
The irst-named power, that of establishing
a uniform rule of naturalization. was granted,
and here the grant, according to its terms,
stopped. Constituting Constitution contain
ing only limited and defined powers of Gov
ernment the argument derived from this def
mite and restricted power to establish a rule
OF naturalization must be admitted to be ex-
ceedingly strong. | do not say it is necessar-
ly decisive II might be controlled by other
parts of the Constitution. But when this
particular subject of citizenship was under
consideration, and in the clause specially in
tended TO define the extent of powoEconcern-
ing i, -~e epd p rar silag part of this sntira
power separated i.om the residue, and confer
red on the General Government, there arises
strong presumption that this is all which is
granted and that the residue is left to the
States and to the people And this presump-
ton is, in my opinion. converted into GER
tainty by an examination of all such other
clauses of the Constitution as touch this sub
iect. l will examine each which can have
any possible bearing this question.
The first clause of the second section of
the third article Of the Constitution says
"fhe judicial power shall extend 20 controversies be-
tween State and citizens OF another State; between ct
ifcns OF different States between citizens OF the same
state. claiming lands under agents Of different States
and between Sates or the citizens thereof and foreign
do not think this clause has any consid-
cradle bearing upon the particular inquiry
now under consideration. Its purpose was TO
extend the judicial power to those controyer-
sizes into which local feelings or interests
might enter, so as to disturb the course Of JUS
tice or give rise to suspicious that they had
done so and thus possibly give occasion to
jealousy or ill-will between different States,
or a particular State and a foreign nation. At
the same time ! would remark in passing,
that it has never been held, do not know
that it has ever been supposed, that any cti-
zen Of n State could bring himself under the
clause, and the lth and 18th sections of the
Judiciary act of 7S0, passed in pursuance of
it, who was not a citizen of the United States.
But have referred TO the clause only because
it is one of the places whore citizenship is
mentioned by the Constitution. Whether it
is entitled to any weight in this inquiry or
not it refers only to citizenship Of the sever
al States. 1t recognizes that, but it does not
recognize citizenship Of the United States as
something distinct thereirom.
As has been said, the purpose Of this clause
did not necessarily connect it with citizenship
of the United States, even if that were some
thing distinct from citizenship of the several
States, in the contemplation Of the Consti-
tuition. This cannot be said of other clauses
of the Constitution, which ] now proceed to
refer to.
nc NltlHlHn ol Iail 'AdAu niNll NC tAAAtiNh
to all the privileges and immunties of cti-
zens Of the several States" Nowhere else in
the Constitution is there anything concerning
general citizenship but here privileges and
immunities to be enjoyed throughout the
United States, under and by force of the ma
tional compact, are granted and secured. In
selecting those who are to enjoy these nation
al rights of citizenship how are they describe
ed F; As citizens of each State. They are to
be citizens of the several States, and. as such,
the privileges and immunities of general citi-
zenship derived from and guaranteed by the
Constitution are to be enjoyed. 1t would
seem that if it had been intended to constitu-
to class Of native born persons within the
States who should derive their citizenship
Of the United States from the action Of the
Federal Government this was occasion for
referring to them. 1t cannot be supposed
that it was the purpose Of this article to con-
fer the privileges and immunites of citizens
in all the States upon persons not citizens Of
the United States And if it was intended
to secure these rights only to citizens Of the
United States, how has the Constitution here
IL