The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-02-11

the .privieges and immunties OF citizens
wiki them. Thus the whole ground is cover
ed. and no State naturalization becomes neces-
sary. This would seem SO plain that the way.
Il, ing man need not err therein n
vet this strange opinion, as if to keep up its
departure from all show of reason and law,
gravely pronounces that the clause to which ]
base referred does not "apply to q person
'who, being citizen of State, migrated to
T. another S;ate," (page 422 j that the provis-
- ION is confined to citizens of State who are
temporarily in another State, without taking
up their residence therein" If this be its
construction, beg to know, and / am interest
ed ia knowing, how a native of Connecticut can
become o citizen of Ohio. No other clause in
the Constitution can have the effect to make
him such and if this does not, Ohio must act
before be can be admitted to the privileges of
Ohio citizenship. Supposing-vainly, as it
would seem-that the Federal Constitution had
decided that point, Ohio has made no provision
on the subject; so that, were the Chief Justice
himself to migrate to Ohio, and there COM
mence suit in the Federal court against citi-
zen of Maryland, the fact that he was native
of Maryland, were his opinion law, would be .
good plea to his allegation of Ohio citizenship.
If not, should like 10 have the error of the
plea pointed out, and the process explained
by which he became a citizen of Ohio.
Blu. the phrase "citizen of the United States
is no less loosely used than the term itself. 1t
is not only employed to mean person entitled
to all the privileges of citizens in the several
States-sometimes called general citizen
but also to designate one es primarily citizen
of the Union, as single consolidated Govern
ment For the former case we have seen that
the Constitution has made ample provision, BY
making every Safe citizen a general citizen.
But, as We 90 beyond that, we tread uncertain
ground and / know of no surer indication of
our departure from the true idea of this FEEDER
alton, than the loose habit we all have of speak
ing of United States citizenship; and l claim
no exemption from this indication of the seduc-
tive influence of the pervsding consolidation
tendencies. We sometimes speak of persons
as citizens of the United States, residing in a
State, CT of double citizenship, held by each
and in the case now under discussion, citizen
ship of the United States, instead of the State
citizenship of the Constitution, is generally spo-
ken of as giving jurisdiction to the Federal
courts.
That there ia such thing as citizenship of
the United States, in some sense, is clear. The
Constitution uses the term, but Its meaning
must be controlled by the constitutional relation
of the States. can find nothing in the Consti.
the idea that there can be any such thing as
United States citizenship, in itself considered !;
that there can be citizen of the United States
who is not citizen of State, or State citi-
zen who is not also citizen Of the United
States or to the idea that the Federation can
do anything whatever to constitute, direct, or
control citizenship, except as to aliens.
OF course, speak not now of resident natives
Of the Distric. Of Columbia, or the Territories.
They are outside the States, not provided for in
the Constitution, which was made for the States,
and are citizens Of the Union alone, because
born within It's general and exclusive jurisdic-
ton.
Can II, then, be possible that this grand "Na-
tional" Government of ours Is destitute OF 30
important a power--the power to say who shall
be It's own citizens its own people ?-that this
power is left to its constituent parts So to speak?
These are formidable questions to conso!ida-
tonisis, still more SO to strangers to our BY stem
but to American Democrats the answer is easy
That the Federal Constitution, so far as it is an
instrument of Government, is grant by the
people of the States Of specific and clearly-de-
fined powers, that there is no power where there
is no grant, that none are given by implication
except what are necessary to execute those ex.
pressly granted, and that all otkers are reserved
to the States and the people thereof, are the
axioms of their creed. We search in vain for
any general Federal authority over citizenship,
so that, even In the absence of the guarantee TO
the citizens of each State, we must inevitably
find the power over this subject to be one of
those reserved. The States, then, determine
who are cit zens and We mean by citizen of
the United States, simply citizen of one of the
States and when we describe e person as a
citizen of the United States, residing 10 State,
We use phrase liable to misconstruction and
when we speak of the double relation held by
esch citizen to his State and the United States,
we use language politically loose, unless we
mean that the latter relation is held solely
through and by virtue of the first.
To the objection that the naturalization
powers of Congress authorize a citizenship of
the United States without reference to State,
] reply By denying the assumption. The peo-
pie of the States that the rule of naturalization
might be uniform, authorized Congress to pre-
scribe it, and nothing more. But aliens, nat
uralized under this rule, immediately became
citizens of the State of their domicile; other
wise, how can they avail themselves Of the
guarantee of general citizenship?
The conclusion, then, is irresistible, this
court to the contrary notwithstanding, that all
I" the citizens of each State are not only 4" en-
titled TO the privileges and immuni!ies of cti-
zens in the several States" but are, thereby,
citizens Of the United States
The folly Of the main assumption of the
court, that there exis:s in The States class Of
native inhsbitans who are not and cannot
become citizens, equally appears, whether we
say that STATE may make or unmske 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 lay, the Articles Of
Confederation. aud the Constitution. BE- the
first are inc;ud5d all the natige born; by the
second, the free Inhabitants" 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. These naturalized
by the Articles of Conf dera.ion have all pass
ed away, SO that il the States have no control
over citizenship, we are driven to the general
law, 10 the inevitable result Of nativity.
But the States do possess power over the
subject. / will not say that they can unmake.
so to e2eak, a citizen; can change the fact Of
NATIVITY, or lis just effect, for l am no believer
10 S's,c's omnjpoience, nor will / advocate
Its power 10 do wrong but to confer citizen
ship upon other than aliens, the States are
clearly competent. They are competent, for
they have never parted with the power, and al
powers not delegated are reserved. lhey are
competent, for from the beginning they have
conferred il without dispute aud though bad
precedents should be overruled, just ones are
law. Saves, though natives, have not been re-
earded as citizens; Scr. by legal fiction, they
are, while their status remains, alien enemies,
and prisoners of war; and By the African code
introduced with the ancestors CT ihese pris-
oners, they and the descendants of their women
became slaves. This status and this fiction
and this code yield to the breath of sovereignty
and these quasi alien prisoners become native
born free citizens.
The reasoning BY which the court arrives al