The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-02-01


RICHMOND. Jan. 81, l.Gl
CENT EMES Your note submits to me the i'm
portant inquiry, whether the relation which the
naturalized citizen holds to the Federal Union, by
reason of his oath at the time of naturalization
is different from that which exists in the case Of
any native born citizeny And whether the one,
any more than the other, owes allegiance to the
United States-which would make his assent to a n
act of secession by State improper or reasonable
and against his oath and obligation of allegiance?
/ feel no hesitation, in reply. to your question,
in stating, that I'll citizens native apd natural
lied, stand upon the same bes's III their obliga-
tionS to the Federal Union, and are. in al re-
known Ia this country DIS an oath of allegiance to
the Federal Government, or to the United States,
by foreigner in order TO his becoming a citizen.
The OATH which the law requires Of the appIi-
cant for naturalization is that he wi support the
Constitution Of the United States; and that lie doth
allegiance and fidelity 20 every foreign Prince Po-
tenate, State or Sovereignty whatever, and par
Sovereignty, whereof he was before citizen
subject"
he swears no allegiance to the Government OF the
United States.
1t is true he swears to support the Constitution
Government, Federal and State. But no one ever
swears allegiance Is any Government. Virginia re-
qures her officers to to be faithful enc q tie TO
the Commonwealth Of tigiafa, Int not 10 hold allie
glance to its Government.
The reason nf this distinction is obvious II is
a car5iusl doctrine OF our American system that
all governments are ''insttuted for the common
benefit, protection and security OF the people"
and when government shall be found made
quate or contrary to these purposes, ma ority of
the community hath indubiable, inalienahle
and indefeasible right to reform, tier or abolish
it, in such manner shall be Judged most con-
ducive to the public veal - Bill ofRiShts Of Vir
gina, Sd article,
Virginia, when she ratified the Constitution of
the United States, declared further, ''that the doe
trine Of non res stance against arbitrary power
and oppression, is absurd, 81 avish and destruct-
i've to the good and happiness of mankind -
Every citizen Of Virginia, under these SOLEMN
declarations, made when she was establishing
her liberty and independence, aud when she was
ratlfying the Constitution, must feel that he
no GAegtenee to any man, or set of men, who may
hold power in the Government; and that they may
be changed, and the Governments themselves he
abolished, if inconsistent with the well being of
the people
In the oath to support the Constitution, which
the naturalfzed citizen has taken, he is not only
not bound to allegiance to the United States, but
he Is bound TO support the Constitution against its
violation by the Government of the United States.
The Government, in violating the Constitution,
commits treason against the States, which formed
1t. II cannot be treason, then, in the citizen to
overthrow these who traitorously violate Con-
stitution which he is sworn to support. On the
contrary, 1t is his duty, and If his oath has any
force in the matter, his duty, to aid his State
in arrestins the violation, and in maintaining the
Constitution against the usurping Government
But It is urged, I am Informed. that the natural
lied citizen is citizen of the United States, and
not OF Virginia. This is great error.
Every man in Virginia is citizen of the United
States, only because he is citizen of this State
a power which each State exercised prior to the
Constitution. Congress now, as each State had
done previously, natural ized foreigners for each
State; and the result is the same in each the
foreigner becomes a citizen of the State where he
resides The law of Virginia makes every natu-
rallied citizen resident in the State q citizen Of
Virginia.
The Constitution provides, that - the citizens of
each State shall be entitled to all privileges and
immunities Of citizens in the several States. -
Thus the citizen of each State becomes the citizen
of every State, in regard to privilege and immu-
wnf ha Had .stf oF 81
United States, because he is Il native ora natural
lied citizen of one Of them.
Nor have any doubt that every citizen supports
the Constitution when he finds 1t necessary to IA
vor Il withdrawal of his State from Union which
has violated the Constitution
Each State is bound to the other States by tn q
bargain of the Constitution. Each has the right
to judge finally when the bargain has been
by the other parties. TO defend the Union. in
such violation of the Constitutions to oppose not
tect the rights which Virginia has reserved I'M
der the Constitution, and which violated By
the Federal Government, is the only way to sup
Virginia, when she adopted the Constitution,
declared as a par, of her act of ratification, that
eral Union should be perrertsd to The iuy and op-
preston Of her people those powers might be reserved
or 'adsaGn by her That was the eSnditon Of
knew it : and that condition is, as to her part of
the Constitution. Her right TO withdraw, when
tuition of the United States for her citizens nor
can they, doubt they support it when they shall
support her III the exercise of right which 1t re-
served aud secured to her. Nor can it be treason in
them to obey her, who created the Government,
rather than the Government, which is only her
creature. And 1t would be treason to her to re-
fuse to obey her sovereign voice, should il be de-
clared, for protecting her reserved rights under
the Constitution, by secession from Union which
violated them.
Virginia is one of n community of States, rs each
citizen is one Of the community of this State. No
one denies the right of citizen to withdraw from
Virginia, in case she should Cypress him. Every
naturaliZed citizen has broken the bond of his
former allegiance to his rights, violated or
impaired in his native country, and his right to do
is recognized and protected by the Federal
Government The right of Virginia to secede
from the Union OF States Is clear as, think
clearer than, the right of a citizen to withdraw
from his native land The right Of secession by
a State Is, therefore, stronger than the right OF
repatriation by the citizen.
regret the length of my letter. which trust
You Will excuse, as / desired to meet the whole
difficulty presented by your inquiry.
am, very respee'y, your obt servt,
re lit j. X. TUCKER.