Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-11-29

fact Of his being citizen I'll another State 5a
, longing 10 the conitLo: unioa %! :a1 Cone!e
, rate States. rba: provision will become yer
plain i'F reading other ciluScs in :he Conicde
rate Constitution designed to give 70 the cit;
Gems Of tho several States TIE right tcfu 2orar!l
10 reside IN the several States, u hold propart,
Aid eFjoy the game and have it protected 3,
the Laws Of the State.
These are tho privileges and irEnuni!ic:
contemplated b; the Constitution, sG>; not tia
separate independent Ssa.e mas en-: right e
prescribe 3 ru!e ct ci.iz nshio 10 aHy. otr"l
Sale. Such :. ght would total : nygr;hrov
the sovereignty ard Independence of the sere
raj States composing the Confederate Sie'es
think, sir, that the question turns IGN:
there. The right 10 rote !9 4 franchise, gnG
arises exclusively out CT the association OF il
, divlduals into community called O S;s;e.-
citizenship IS no franchise. ar:,- :hs~.!Ssn-.-io
nea.sek;srtus City supnnses-
Hr. MAcFaRLayD-Not intending 20 enter
generally into the debate. yet desire to Col.
slider briefly what hgS fallen !'rn!n he dis;Il-
gushet gentleman Of Cl:s?ea 2.ty (i!c Ty.
LER). think il would bv :oiiUd On the mos;
cnr5cry !svie*, lbo. the usage %t..ch prevailed
! under the late Government of ,he United
pre;eil. ion that the power Of aura zltion IN
the Feieral Constitution !n;er!rrcd in any way
With the authority end right .! ,bG States g
! regulate end IL fire iJr themselves tie riectG-
raj suffrage. Ii the gtn:lc'nsn bs righ', it
! you'd !uloT tEat the S:arr3 !:at S-Ircude, cd
the power Of framing t:c;: UaE*'i.u,i0n as n
| their wisdom they might hold 10 be necessary
! IN matter ut deep Concern 70 them, and 10
thcm chiefly. For example, the State Of North
Carol!ns thinks * 70 Grdlir :haL none but q
native bern citizen shall bc eligible to the Of
tice q! Chic! Mtgs:rate -! th- State; South
Carolina, we riay suppose, ADOPTS d:E:rent
rule. ard admits ALI citizens 10 aspire 20 the
high cfiice, r, gardIrss OF their nativity. VIII
II be said that ! ua.uraiizcd citizen Of South
Carolina, hy removing TO Nrth Caroina,
would be eligible to the high offi;e, in despite
Of his exclusion by the Constitution Of the
later Sts'c! What, :lcn, becomes Of our
Constitutional provision on the subject, sane
toned As it was by statesmen iliustrious Tor
theiT connection with both the Federal and
Stale Governments II gentlemen will recall
The p&st, they viii fad general and unifornl
concurrence 3n Inc part Of the States in the
CONVICTION that each State had an undoub.c5
right to regulate for itself the electoral fran.
chlse, rnrestraincd by any provision in the
Federal Constitution, and that the right it,
cluded the authority to discriminate between
na!uralizcd and native born citizens! N defining
who we're eligible to Office
TIE constitutional provision that ':the cit
liens Of each Sta'e shall be entitled to all The
privileges and immunities of citzens in the
seVera! States" has no relation to the electoral
franchise. and gas not designed to withdraw it
iii any degree from S!ste Authority. The Con.
sttuton, l'sc;f in another section, is conclusive
on the point. Section second, Of tie first ar
llcle OF the permanent Constitution, dcclres.
;hat the electors in each State, meaning the
electors oi the representatives. to Congress, shall
have "ths qualifications requisite for The elec-
tors Tor tho INT st num, rous branch OF the State
Legislature" What qualifications Those
prescribed by the States @ seTeIE eIsn.c coai,.
diVersiiy Of qualifications, gfo~;ag cut 81
di7ersties o: opinion in the several States IL
respect TO whom suffrage n.ay be safely c3:n-
milled, and recognises the right OF each State
t., orda!n ard declare who slsl pc entitled to
the el.ct;rr franchise. The clause asserts, bC
necessary Replication, the authority Of each
State 70 determine Tor Itself who may vote il
her elections. How, then can i. be oucstiOnci
that each Stale has authority to determine
upon The length Of residence which shall be c
qualification 10 vote, and to prescribe shorter
CT longer term, in dealing with future naiGra!.
;Zad cll!zcns, cs she niay decide 70 be wiso.
The poxer to exclude from the polls tnc whole
body Of ci!iZens hereafter naturazed, which
cernot be denied to the States, includei the
power to discriminate against the cmigTsnts
from particular foreisn State. There arc
reasons fer exec aptirg, from 4 tolerant and en-.
Couraging system oil naturalization, emigran.s
from ice States with which ne are at war, il
thew Se permitted hereafter to como among ue.
Naturalization operated in introducing c!-
zen into the late United States by making
him first citizen cf some one Of the States.
is was as cii;z:n CT g particular State that g
foreigner, upon his naturalization, became en-
titled 10 the privileges and imnun:ies Of the
several States. lie could enter tee Union oniT,
as citizen, through State; and, whilst re.
naming in the State Of his adoption, he must
be content with the elective franchise, as or
dained and established by such ate. And,
# so, he must in llko manner submit TO the
electoral laws CT any other State to which be
may remove.
Bpt my object was to invite the attention oi
the distinguished gentleman from Charles City
(Mr. TYLER) 10 the provisions Of the Confede
rate Constitution to which have referred, and
to ask him If it be not distinct reco sniton Of
the authority of the States over the whole
subject OF elections, the authority to discrimi-
nate between native BORN and other citizens
included.
Mr. TTLER-Undouh:cdiy, sir, you car pre-.
sent any qualification you please. So caa eSe.
~ other State.
The PRESIDENT Chair is reluctantly
compelled to remind the gentleman that, IN
der toe rule, ho can OILY speak once upon TIC
same question.
/ Mr.. TrLER-I cn merely answering qres
ton.
The PgEslDrs7-That Of course, The ssa
tlcman can do.
Mr. TyLcR.-When you havc laid Gowr
your rule as applicable 20 ycur own citizens
and citizen Of another State brings himself
under the operation Of that rule, then comes
the provision OF The Constitution which de-
clsres that 3 citizen thus coming in is entitled
to all the privileges aad immunities to which
your own citizen Is entitled. Well then, sir,
il your own ci!:z-p, upon certain qualifications
IL euLttltu ~ Nutc, LIZ lDuS CDLElDS II
| from ano,her State and complying with these
qualifications is also cut:!led 70 Tote. can
not ennc,siys Of anything more plain. But, sir
the clause which was read by Dy friend ovei
the 9sy lAr. MAcFAH1ASD,) puts the question
entirely 81 rest IL my estimation. II read!
thus:
1.-The House Of Representatives shall be com
posed Of members chosen every second yea.
by the people Of the several States; and the
electors in each State Shall be citizens Of tht
Confederate STATES and hare tho qualifications
requisite for electors OF the most numerou:
branch Of the.S;aIe Legislature; but no person
Of foreign birth, rot citizen OF the Confede-
rate States, shall be allowed 70 vote for any
officer, civil c! political, State or Fedora" :"
II he is 10. a citizen Of the Confederate
| States, be cannot vote icr your electors; bu
! If he is o citizen Of the ConGederacy, he col
vote AID under the provision Of the Consttu