The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1858-02-03

the axIoms OF their creed. --H
We search In vain for some general
Federal authority over citizenship, SO
that, even IN the absence of the guaranty
to the citizens Of each State, we must in
eVitably find the Iower over this sabiect
to be one of those reserved The States,
simply citizen of one of the States and
when we describe person az citizen of
the United States, risiding in State, we
use phrase liable to misconstruction :;
and when we speak of the double relation
held by each citizen tn his State and the
United States. we use language political
ly loose, unless we mean that the latter
relationis held solely through and by
virtue of the first. -
To the objection that the natur alization
powers of Congress authorize citizen
ship of the United States without refer
ence to State, reply by denying, the
asstmtion. The people of the States,
that the rule of naturalization might be
uniform, authorized Congress to prescribe
it, and nothing more. But aliens, natu-
rallied under this,rule, immediately be-
came citizens of the State of their donicil;
otherwise, how can they avail themselves
of the guarantee of general citizenship? +?
The conclution, then, is irresistible, this
court to the. contary notwithstanding,
that all entitled to the privilege and
immunities of citizens In the several
States" but are, thereby, citizens of the
United States.
The folly of the main assumption of the
court, that there exists in the States a
class of native inhabitants who are not
and cannot become citizens, equally ap-
pears, whether we say that State can
make or unmake its citizens, or whether
the condition of the native born is fixed
1t is clear that if any power can say what
natives are citizens, it is the State alone;
if no power, then the question must be
decided by the general law, tho Articles
of Confederation, and the Constitution
By the first are included all the native
born; by tho second the I" free inhabi-
tantsn of the several States; and by the
last, all the citizens of the several States,
which last provision must refer back to
the first and second. Those naturalized
by the Articles of Confederation have all
passed away, so that if the States have no
control over citizenship, we are driven to
the geuera. law, to the inevitable result
of nativity.
But the States do possess power over
the subject. [ will not say that they can
unmake, SO to speak, citizen; can change
the fact of nativity, or its power to do
wrong; but to confer citizenship upon
others than alient, the States are clearly
competent. They are competent, for
they have. never parted with the power,
and all powers not delegated are reserved.
They are competent, for from the begin
ming they have conferred it without dis
pute; aud though bad preeedents should
be over ruled, just ones are law. Slaves,
though natives, have not been regarded
as citizens; for by legal feti5n, they are,
while their status remains, alien enemies,
and prisoners of war; and, by tho Afri
can code introduced with the ancestors of
these prisoners, they and the descendants
of their women became slaves. This
status and this fiction and this sode yield
to the breath of sovereignty; and these
quasi alien prisoners become native born
free citizens,
The reasoning by which the court ar
rivcs at the impotency of the States in
the premises is so brilliant, that l cannot
refrain FROM giving it, as specimen O.
the logic of this our infallible tribunal
The opiu.on says that, because the power
to natural;ze aliens is delegated to Con-
gress, at is very clear, therefore, that no
State can. by any act or law of its own,
introduced a new mem Der in
to the political community created by the
Constitution. If the new member
means alien, the conclusion is very clear
indeed, as we'll as undisputed; but close
on he heels of this truism follows non
Sequiter that puts all dialectics to blush.
''And for the same reason" that is, the
reason that the power to naturalize aliens
is delegated to Congress, 1t" " the State,
"cannot introduce any person or descrip-
tion of persons who were not intended to
be embraced in this new political family"
SC. This person or description of per
sons, by bold Justification of history, is
assumed to be the descendants of African
slave But admit the libelous assump-
tion Of this unwritten aud fraudulent in.
tentIon, how clear the logic "For the
same rerson,p indeed? Because State
has authorized the Federation to make
rules by which aliens may acquire citizen
ship, for that reason it has parted with all
power over the subject, not of alienage,
but of citizenship. It has, therefore, no
power to say whether, it's native born in
habitants shall or shall not be general cit
izens though, by this same instrument
that grants this power over alieuage, sill
powers not delegated are expressly re-
served, and all its citizens are expressly
made general citizens l know not what
deductions of reason may be clear to eyes
filled with slave plantations to eyes
blinded by passion and interest; but if
any school-boy, on any ether theme,
should SO boggle in logic, he would be at
once promoted from the forum to the
| Ounce block.
But suppose State change this inten.
ton, if it ever existed its general power
over citizenship is clearly reserved, and
under the liberalizing influence of democ-
racy and Christianity, it may abandon a
design it was always ashamed to put on
the record. What is to hinder9 But it
has no power, says the Chief Justice, and
for The reason that it has delegated to
Congress the power to make rules of nat
uralization. Well, then, we must look to
Congress to naturalizc these PERSONS
But Congress can only provide for the
| IF aliarp opd fhasa parsouc