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

Revolution no other change took place in the
laws of North Carolina than was consequent on
the transition from a colony dependent on Ea-
ropean king to a free and sovereign State.',
=" ssBritsh subjects in North Carolina be-
came North Carolina freemen.: foreigners, un-
til made members of the State, remained aliens .
might occupy my whole time in Civ
ing authorities and illustrations upon
this point. Citizenship, as well as allie
glance, is the. incident of birth. The
few exceptions, as to children of foreign
ministers or temporary sojourners but
confirm the doctrine; and, indeed, until
the interests of slavery demanded a DIFF
ferent position, none other was thought
of in modern law.
But except by some act of the soyer-
eign power, none bad the native born
can be citizens. Tho Immigrant from
Gennecticut would bean alien in Ohio,
and the Massachusetts, trader enjoy none
of the rights of citizens in Georgia, for
the citizens of Ohio and the citizens of
Georgia would be those only born there
in. How, then, do Immigrants from one
State, or from foreign countries become
citizens? Whence obtain they these 'spriv-
ileges and ,immunities?p Must each
State pass naturalization laws; or is this
matter provided ifor2 The Constitution
provides for both eases clear y and dis
tinctiy.
e The exclusive power Co make rules for
the naturalization of aliens to all the
States is granted to Congress, so that SO
far as the foreign born are concerned, it
alone can determine the manner in which
they shall become citizens oe the States.
But though Congress has no Jurisdiction
over the citizenship of natives, yet for
them, too, the provision is equally speci-
fc. The citizens of each State are ex-
pressly made citizens of all the States, or,
which is the same thing, are entitled to
all the s:privilges and immunities" of cit
izens within them. Thus the whole
ground is covered, and no State naturE-
cation becomes necessary. This would
seem so plain that "the way-faring man
Il x need not err therein" yet this
strange opinion, as if to keep up its de-
parture from all show of reason and law,
gravely pronouces that the clause to which
IIeferred does notS'apply SO a person
who, being citizen of State, migrated
to another State, (page 422, that q the
provision 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 interested in know
iag, how native of Connecticut can be-
come citizen of Ohio. No other clause
in the Constitution can have the effect to
make him such, and il this docs not,
Ohio must act before he can be admitted
to the privileges of Ohio citizenship.
upposing-yainly.. it would seem
that the Federal Constitution had deci-
ded that point, Ohio has made no prov
sion on the subject, so that were the Chief
Justice himself to migrate to Ohio, and
there commence suit In the Federal
court against citizen of Maryland, the
fact that he was native Of Maryland
were his opinion law, would be a
good plea to his allegation of Ohio citi-
zenship. If not, I shouli like to have
the error of the plea pointed out, and the
process explained by which he became a
citizen of Ohio.
But the phrase ttcitizen of the United
States" is no less loosely used than the
term itself. It is not only employed to
mean person entitled to all the privileges
of citizens in the several States, sometimes
called a general citizen-but also to des-
ignate one as 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 State citizen
general citizen But, as we go beyond
that, we tread uncertain ground; and
known of no surer indication of our de-
parture from the true idea of this Feder-
alton, than the loose habit we all have
of speaking of United States citizenship;
and claim no exemption from this in
dication of the seductive influence of the
pervading consolidation tendencies. We
sometimes speak of persons as citizens
Of the United States, residing in State,
or of double citizenship, held by each,
and in the case now under discussion,
citizenship Of the United States, instead
of the State citizenship of the Constitu-
ton, is generally spoken of as giving ju-
risd iction to the Federal courts.
That there is such thing as citizen
ship 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.
I can find nothing in the Constitution,
or in that relation, that gives color to the
idea that there can be any such thing as
United States citizenship, in itself consid-
cred; that there can be citizen of the
United States who is not citizen of a
State, or State citizen who is not also
a 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.
Ofcourse, 1 speak not now of resident
natives of the District of Columbia, or
the Territories. They are outside the
States not provided for in the Constitu-
ton, which was made for the States, and
are citizens of the Union alone, because
born within its general and exclusive ju,
risdiction.
Can it, then be possible that this grand
ssnational'' Government of ours is desti-
tute of so important power-the pow
er 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 con-
selidationists, still more so to strangers
to our system; but to American Deme-
Gratis the answer is easy. That the Fed
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