Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-10-20

1t results as corollary not to be denied, that no
one can be citizen of the United States except by
being and because he citizen Of some one oil the
States There is no such thing &C one coutradstiu-
guished from the other. If there can be one citizen
Of the United States who is a citizen of no State
| there NAV be millions; and then, if every State
were in succession to Withdraw rem the Union, tho
District of Columbia and the Territories would still
be the United States, own the Dational property.
and be entitled to enforce every where the national
laws II there can be enc citizen of the United
States, who is not citizen Of some State then the
whole southern doctrine of The nature of our govern
ment is mere idle dream, and Mr. WEBsrRR was
| right
The constitution defines the meaning Of the phrase,
" q citizen of the United States" 1t provides that
no one can be Representative who has not been
| seven years, any one a Senator who has not
been nine years "a citizen of the United States"
As this applied to the first Senators and Represen-
tatives elected it necessarily mesnt citizen of some
sRs of the States; because before that lime. GER
tainly, there had been other citizenship.
So Congress is invested with the power ito es-
tsblish an uniform rule Of NATURALIZATION through
! out the United States :" and thus to prevent ono
State from making or adopting citizens or
terms different from those established by an
other And l hold it eerfain that no State
has the right to permit any one, Who is not
a citizen of the United States, to vote within her
limits COR members of Congress- or of the legisla-
ture that is 10 elect Senator's. In other words she
cannot make him her citzsn, unless he thereby be-
comes citizen Of the United States.
Fer this reason Il was that the Constitution was
made to provide, that the cSens Of each State should
be entitled to all privileges and immunities of Cit
zsns in The several States.
But the Constitution did not mean to say that a
citizen of Virginia removing ia New York. should
al once and without the consent of New York be
entitled to Uote there, even for members Of Cor
gress; and therefore it provided that those only
should be entitled to do so, and should have the
qualifications requisite for electors of the most nu-
merous branch OF the State legislature; leaving it
to the good pleasure of each State to require any
higher or additional qualification, it might please;
but Certainly not suppOsug that State you'd, nor
meaning 70 say that State might, dispense with
the indispensable qualification of citizenship of the
State which must be citizenship of the United
States in those who elect the legislature, which
chooses the Senators of the State in Congress
Those " the people of the State" TO elect; and
it was never dreamed anywhere in the world that
4 foreigners part of the people of State.
1t follows, that the citizen of State, when he
removes to and settles in territory, ceases
to be citizen of his State, than Roman citizen
ceased to be such by removing to Province.
Coelam, aniH1um HuutGHt qgi trans egrrunt.
Under other skies his heart is still the same
5ond between him and his State is not broken. Cit
izensbip, cheap we unfortunately Aold it, is still
not so easily lost or tossed aside .... ...
| The common territory is like the deck of a ma
lions vessel. II Is, By construction Of lGW IN The
United States, is minister's residence in En-
land The country is where the flag is The terri
tories are, in law, in each State
Fictions of law are used to give effect to rights
They are permitted to operate so as to dimn.
ish or infringe them. That of the separate e1is-
tenoe of corporation, is used TO Gdrance the inter
ests and carry out the purposes of the stockholders
The properly is held to be ts property, thai
enables 10 be better managed and handled But fol
all beneficial purposes when the fiction would ae
iujurousy the stockholders interests and right,
in the property, that property will be regarded
theirs and held in trust for them ty the copper
alton, in la,0, as it indeed always is in fact
So the territory or lands Of TIE United States are
in lar he property Of the national government
corporation; but IN fact and for all beneficial pur-
poses, they the jopt properly Of the States the
legal title being 10 the general corporation for
venienGe OF management, and 10 give eject 10 all tn
rights, and FIJI value TO all the interests, Of erers
State in all such lands IT is IMPOSSIBLE so To USE
THIS FICTION as TO LESSON, IMPAIR OR DENY THOSE
RIGHTS. To do so would be fraudulent uSe of it.
l decline to rest any part Of my opinion the
| right OF the individual citizens Of the Southern
States, either TO 60 to, 10 remain in the common
territory with their slaves. II this were an md
UidUdL right the doctrine Of popular sovereignty
would be plausible, because majOrities may
sometimes dispose of mdvidual rights for the gene
raj benefit.
rest tbe argument on the rights of the States
the joiat Of the territory. Only enc power
is vested by the Constitution in all the States as
sembled IN Congress, ia regard to it. That power
is, to dispose of The land, and make al needful
rules and regulations respecting it, property.
s not agreed that part of the States shsl virtually
appropriate the territory TO The exclusion CT the
others Aud even If that could be plHasibly argued
il seems TO me to admit # no question that col
lection Of ctzaus of the different States, 6rs pre-
sent in a particular portion of the territory, are
utterly without power to say that slavery shall not
continue in what is in law part of each and all
the States. And turely it is mast insOleut and
upudent act for them to deny The right # fifteen Of
the Joint owners Of the territory to demand for
their citizens equal opportunity to settle there
with what they hold to be property, and for then'-
selpes equal opportunity to endeaTor by fair
| petition to found there State, that, with in
stitutious and therefore interests like heir own,
stall increase their political power, ana aid them to
defend their rights in the Union.
| have no thought of saying that those who, in
the South, advocate the doctrine of popular
eighty and the power of the people in territory to
abolish slavery, or who are opposed 10 the doctrine
that it is the duty of Congress to apply he proper
remedy whenever territorial legislature either d-
rectly or by unfriendy legislation impalrs or rem
drs of less worth the right to hold slaves, who
think the discussion Of that question premature, 6re
not as true TO the South IS l am. To say so or 10
think So would be to violate the mos ordinary
! rules Of justice There are few men, | believe, in
IL
ests and devoted to her welfare; and to impeach
the loyalty Of a whole party of individuals is
trick which has long been stale. IDjustices and
invectives of that sort are weapons which, IS we
see every day, very slight and worthless men can
use with considerable dexterIty.
! But of the doctrine ITSELF with sincere respect for
those who hold it, it to be entirely without
warrant il the Constitution and contrary to its fun
dameual principles, and inconsistent with the very
nature and essence Of our system Of government
1t ia illogical as it is UNCONSTITUTIONAL and it be-
trays its advocates at every turn compelling them
if they resort to argument at all into the most per-
pleEing contradictions. 1t is safer for them ring
with endless repetition the single chime plausible
and to the unreaectiDg captivating, Of the right
of the people Of self-goyernmeut that right fought
| fer by our fathers of the revolution
The doctrine was originally only aevce and
lion, to avoid encounter at a perilous moment with
| grave question that threatened to do some dam
age The Issue was Graded by putting forward this
| heresy, which seems to me more contrary to the
! rights, honor and dignity Of the States, which
ought to be more CALLING to pride meR, than
hold that the States taking counsel together when
assembled in Congress, may agree or by majority
determine that slavery IN the common Territory shall
Cea1e. That would be ut least respectable - but
hat the born citizens of Southern State should be
ANONYMOUSLY kicked out Of common territory, wa
tered perhaps by their blood, by rabbe, per-
hRps by few UnDaturalized aliens just from the
I
crousiy shameful, that tue State which should sub
nit would. to say the least, invite further sg
erosion, that could at last, end only in dishonoT.
There Be no sOUereI2nty except by the sue
cessful exercise of the right Of revolution, in mere
collection of citizens OF the several States, living
upon lands which the common property Of those
States. Their government whatever its form, can
be only provincial aud municipal and they can
have only such power oflegislation the States of
which they are citizens invest them wItha, by such
eracments SIS they may make when assembled in
Congress These principles arc 60 elementary as to
need argument.
To say that, although the right to bold our slaves
there is constitutional one, and although the Su
preme Court may decide, still the benefit of that
decision may be denied u.s. the decision itself viriu
ally applied, and the right rendered valuesss and
not enforceable by the Wilul refusal or failure If
he territorial legislature to protect the relation Of
master and slave, by unfriendly legislation that
renders the tenure by which hold that property
unsafe is only to say that those bodies have the
pOrsr TO prove recreant their duty and shame ess
y 10 perjure themselves-is not only to say that the
courtL unsided by the legislative power, can en-
force their decision only in the very esses decided
and between the very parties before them, and can
not make theu the general law; but is also to say,
that in free and constitutional country, petty |
proyipcsl body may commit gross outrage, and |
deuy individuals an4 States their rights, and that
IL 80 t.,