The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-03-03

If am right in this, sir, then I submit that
the elective franchise for the election of Federal
officers, either directly or indirectly, should be
confined to, and exercised exclusively by, citi-
zens of the United States, resident within the
several States That the several States have, by
the terms of the Federal Constitution, the exclu-
| sive power to regulate and control the exercise
of the elective franchise in all general elections
| Federal and State, is conceded but do deny
that any State can rightfully, under the Federal
Constitution, transfer this great political privi
ege, in whole or in part, from the citizens of the
United States, native and naturalized to aliens,
who owe no allegiance to our Constitution, who
are not obliged to bear arms in defence Of our
country, and who cannot be held to answer for
treason if they give aid and comfort to the pub
lie enemy or if they themselves levy war against
If the States may transfer this right in part
to aliens, they may give it exclusively to aliens
What is the elective franchise, which you pro-
pose to give to aliens 1t is the sovereignty of
America, secured by the Constitution to the peo-
pie, the citizens Of the United States resident
within the several States, and by the exercise of
which, directly or Indirectly, the people appoint
persons of their choice to fill the legislative, ju-
dicial, and executive departments of their own
Government; make, interpret and enforce their
own treaties and laws, and do all other acts
which free and independent people may of
right do.
I
feet agreement in this that the several States may
determine who amongst the citizens of the Uni
ted States resident within their respective limits,
may exercise the elective franchise they may pre-
scribe the age of ority requisite the exercise
Of this right; the term of residence within the
State whether citizens, male or female, shall
vote; whether a tax or property qualification
shall be required but deny that any State may
sightfully transfer this political right from the
citizen TO the alien, and, il may be, to the open
and avowed enemy of the country and the Con-
stitution OF the several States composing the
Union, there are but four which, by their Consti-
tntions confer the elective franchise upon aliens.
These are all modern innovations they are
Michigan, Wisconsin, Indiana, (by her amended
Cpnstitution,) and Minnesota. This last State
not only makes aliens electors, but also declares
them eligible to the State Legislature. The
words used in some instances in the Constitu-
tions of some of the original States, and of the
first of the new States, such as /" freemen" and
";nhabitants," have generally, if not always,
been construed TO mean and intend citizens.
The Constitution very clearly imports that only
persons born here or naturalized by law are citi-
n as of the United States for in prescribing the
-. Notifications of Senators and Representatives
id Congress, the Constitution employs the term
"citizens of the United States" and in prescri-
bling the qualifications of President of the United
States, it employs the terms, "natural-born citi-
zen, or a citizen of the United States at the time
of the adoption of this Constitution" These pro-
visions, together with the express power con-
ferred upon Congress to establish uniform sys-
tenn of naturalization, only ineligible upon
the hypothesis that citizens of the United States
are the free inhabitants, born and domicied
within the United States, or naturalized under
the laws thereof, and that these alone are citi-
Zens, when resident therein, of the several States
and, as such, constitute the body polite, the
people of the several States, who should exercise
the elective franchise in the general elections,
either State or National.
That such is the true intent and meaning of
the Constitution, may well be inferred from the
express provisions of the fourth and fifth sections
of the first article of the Constitutions the first of
which is, that the q times, places and manner of
holding elections for Senators and Representa-
tives, shall be prescribed in each State by the
Legislature thereof; but the Congress may, at
any time by law, make or alter such regulations,
except to the places of choosing Senators ;"
and the latter of which provides, that each House
[of Congress shall be the judge of the cleo
tons, returns, and qualifications, of its own mem
bers." Here is power expressly given to Con-
gress To prescribe, by law, the manner as well as
the times, of choosing Representatives and Sen
atOrs. This power was manifestly conferred as
was also the power in each House to Judge of the
elections5of its members, to enable the people of
tain their5National Government under the peace
full opesaiion of law, against any and every at
tempt on the part of any of the States, or the
Legislatures thereof, to interrupt or overthrow
it; and, above all, | maintain that these powers
were conferred for the especial protection of the
political rights of the citizens of the United
States. How strongly they proclaim the fact
one people, one Constitution, and one country
Sir what are the distinctive political rights of
off pf tba Init, hi
to choose (under the laws of the States) sever
ally, as remarked BEFORE either directly by bal
lot, or indirectly through their duly-constituted
agents, all the officers of the Federal Govern
ment, legislative, executive, and judicial, and
through these to make all constitutional laws
for their own government, and TO interpret and
enforce them; the right, also, to hold and exer-
else, upon election thereto, the several offices of
honor, of power, and of trust, under the Consti-
tuition and Government of the United States. 1t
is worthy of remark, that every political right
guaranteed by the Constitution of the United
States is limited by the words people citizen,
or by official oath, to those who owe allegi-
ance to the Constitution. The right to exercise
the Office OF Representative or Senator in Con-
gress is political right, and, by the terms of the
Constitution, its exercise is limited to citizens of
the United States being inhabitants of the States
an which, not by which, they are chosen. The
reservation of political powers is a reservation
to the States or the people--both of which terms
import citizens Of the United States-and limit
the exercise of all reserved powers to the citizens
of the United States, acting as such through
their National or State organizations.
And in further illustration of my position, l
invite attention to the significant fact that natural
or inherent rights which belong to all men, ire
spective Of all conventional regulations are by
this Constitution guaranteed by the broad and
comprehensive word "persOn," as contradistin-
guished from the limited term citzen-as in the
fifth article of amendments, guarding those sacred
rights which are as universal and understandable
the humap race, that no person shall be de-
prived OF life, liberty, or property, but by due
process of law, nor shall private property be
taken without just compensation" And this
guarantee applies to all citizens within the Uni
ted States. That these wise and bene6cent guar
antees of political rights TO the citizens of the
United States, as such, and of natural rights to
all persons, whether citizens or strangers, may
not be infringed it is further in this National
Constitution provided:
That this Constitution the laws of the United States
which shall be made pursuance thereof and all treaties
made which shall be made under the authority OF the
judges every shall bound thereby ANYTHING in
the Constitution or laws any contrary notwith
standing. '-Article6-
There, sir, is the limitation upon State soyer
eignty-simple, clear, and strong. No State NAV
rightfully by Constitution or statute law. impair
any of these guaranteed rights either political or
natural. They may not rightfully or lawfully
declare that the strong citizens may deprive tn
weak citizens of their rights natural or political.
and if the State should do so by enactng statutes
TO that effect, there stands the limitation of the
Constitution of the United States sanctioned by
the strong avertment assented to and ratified by
all the people and all the States this Coustitu
ton shall be the supreme law and the Judges
in every State shall be bound thereby. Every