The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-05-20

! -"-"-'F"'N
the gentleman from Maryland understands
the opinion Of the Chief Justice 10 be that a
State cannot permit unnaturalized foreign.
crs TO vote for members Of Congress and
State Legislature 7
/ MIR. DAVIS, Of Maryland. Mr.. Speaker,
! il my honorable friend from Virginia will
/ permit me, must object 10 be drawn from
/ the point nm discussing. think that the
( point no has raised Is not involved in any
thing have said. aud does not touch OK.
actly the point am urging.
Mr.. JENKINS. My FREUD will allow me
to say one sentence and that is. thu, the
opinions Of the Supreme Court have been
given directly in the opposite direction.
Mr.. DAVIS. of Maryland. Neither the
! Supreme Court Of the United States nor
the Chief Justice has decided any such qucs.
| ton hut must decline very respectfully
To argue the question NJ this time | quo.
ted that decision merely ior the meaning
which tho Chief Justice. In accordance with
the opinion which have long entertained
myself. assigned 10 the words "peoplc oi the
1 United States" and the "pcople Of the sew.
cra States" ia the clause 10 which have
referred Thus that clause Ia relation 10
electors would leave the power IN tho State,
/ il il is understood in that way tba, tho
State has the right TO prescribe the quaiii-
cations OF electors II the most numerous
branch of the State Legislature exactly ~
/ il prescribcs the qualifications Of all electors
under the State constitution hut that that
right can only be in conformity with any
limitation which the Constitution Of the
United States may have imposed upon the
/ States. II only Involves the ordinary i,lea
| that So far rs the Constitution Of the Uni
ted States does undertake 10 determine any
thing, 1t Is conclusive over the State as well
rs over the ind,iiu And the only qucs.
/ ton open here is whether this Is the mean.
( my 81 the clause Of The Constitution Of the
/ United States That, sir, is n question
which directly pertains to Us here,
/ Mr. JKsKiss. ! ask the gentleman, sim
ply TO lie, me read two paragraphs from tina,
decision and le, them be' printed in his
speech.
Mr.. DAVIS, of Maryland The gentle
man will pardon me il decline nj present
/ to have the Dn,d Scott decision, and iis gen
! cral correctness or incorrcctncss made n
part Of this controversy, II has nothing Ia
! do with il. merely refer to the coDstrrc.
ton of those words by grca, judicial
/ mind to show how /, regarded these words,
/ There rest
/ Now. Mr.. Speaker this question Is one
whichsmllrcsscs Itself directly to IA. We
are authorized by the constitution Of the
/ United States to Judge Of the election aud
/ qualification Of our own members Con.
l.. 4, 1T
place, and manner Of clccting Tbs members
Of this House. H. Judging, therefore, Of the
/ election Of n u,ember oi this House, II isycry
possible the question may nrlsc. The quca'
ton has not yet directly arisen. u might
have arisen In the case Of Mr.. Campbell. Of
Ohio. II 10 possible that we may be called
on 10 decide whether mn unna,uralizcd voter
under n State constitution IL n legal voter.
Ohio does not allow uBDnturalizcd foreigners
10 vote there are States which do allow IL
and the question may arise IN that way
/ That question, therefore, IA one which may
/ be- brought directly before ns for our dcci'
SION and If ! am correct In the consiruc
/ ton which ] bav, given the clause OF the
constitution in question. whenever tina, quos.
ton nrisep, and the balance shall he turned
( uralized votes being cast for one, We nrc
| bound 10 decide whether the constitution of
the United States IL paramount TO state
constitutions md whether. il IL bs 70 para
mount, the meaning Of that clause IL the one
have assigned 10 II because II AN unnnt
urali1ed voter bc not one Of the people 81
the State within the meaning Of the Con
stituti0n Of the United States, then, IN the
( Constitution II the United States says TINT
Representatives shall be elected by the pco
! pie ol the State, the uunaiurallznl foreigner
cannot east his vote ns one 81 the people 81
the State and the person here claiming n
seat BY virtue Of majority made up of such
votes, cannot have his sea'.
SO lar as am concerned, am free now
10 say that, Whenever that question shaII be
presented TO me a. Il judicial question. am
ready 20 vote upon I, irrespective Of party
considerations, AMI shall vote against the
T gentleman who here claims bis sat by the
+ votes Of uunaiuraliDd foreigners
You viii perceive, therefore, Mr. Speak.
e. that The purport Of my argument IL 10
show tina, while the qualifications of eec-
tors lor this IIouss must be the same with
I lHfy" iOf tHt bN'f WaHth ~ tbH DNa~
/ legislature; yet, SINCE the people OF the
/ State alone are 10 elect. that carries with IL
on inhibition on the State itself n make
any one an clertor for the lower branch Of
I the Legislature who IL not one 81 the politi-
en-, people Of tn State. That IL oil ] have
! 10 say on this question.
I Mr.. RgAaAs. did not expect. Mr..
+ Speaker, 10 enter into this debate with re-
gard 10 Minnesota nor DO now propose
70 say anything On The general subject.
The gentleman from Maryland has just
concluded M argument somewhat ingenious
/ ly arranged. by which ~ are 10 understand
T II is b,s conviction tina, the Federal Govern
Io.u, has the RICH, % declare who shall In
electors in "a State. Although be does not
assume the proportion boldly, understand
. ~ 10 L., ~ . At ia mr. and "A