Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-04-01

tn. ;o,n the full meaning of all the con.t;.
vet The provisions of the United States.
Of this ,ss nature OF the subject matter
any socn Intention. It wa. = onss,;on
nseely - to what persons .honId r. I;sh1
eossnars the burdens of the co,,.r ~
lence. AS between the Stata 90 ~,
sons who by its Constitution ana % pe1
inside citizens of it, there can -" ,aw I gre
enat all sucn persons ought to sbora 49,
burdens equally. And there is mo- or .noss
for supposlng that Congress inrsnaaS ouh III
the words "cItizens of the resnsc,;Hs
States" to exclude any who were c;t;.ans
to all intents and purposes as between ths
State and them.
This conclusion is strengthened nv tho
use of the word " white" in that law Tho
Supreme Court of the United States in the
bred Scott case, 10 How 420. says that
the word white was used in this law 1to
! exclude the African race, and the word
citizen to exclude nnnaturaiized foreign
ers." Now whether the use of the word
white as qualifying " CITIZEN" for the
purpose of excluding the African race.
would indicate that in the opinion of Con.
gress the African race could not be citi-
zens at all, may perhaps be very question:
able. Its use for such purpose would bv
the ordinary rules OF constituting language
seem to imply that those vino used il. un-
derstood that if it was not so qualified, the
African race mighti be included by the
word " citizens" Ii that race could not
be citizens at all they, as well as unnatur-
| allied foreigners would have been excluded
Simply by the word citizens. But assum-
ing, as that Court decided that the African
race could not be citizens, within the full
| meaning OF that word as used by the con-
stitution of the United States, yet thst
| they might be citizens of the States, in
| that sense in which each State could con-
| fer citizenship within itself, and that all
| this was understood by the Congress which
enacted this law, then the use of the word
white" for the purpose of excluding the
| African race can only be accounted for
upon The theory that the word "citizens''
| was used not in its fullest constitutional
sense, but as referring to the State citizen
ship before alluded to. 1t could only have
been that meaning of the word citizens
which Justified or required the use of the
word white" And with that meaning
the word citizens would include persons
In this State of the class to which the peti.
toner belongs.
BIT even if there were donbts as To the
correctnessof this construction of the law
of 1892, there can be none as to its cor
rectness when applied to the act of July
II, 1862, under which this draft took
place. In the first place that act referred
the matter to the laws of the several
! States, where they were sufficient SO
that II this State had had law sufficiently
providing mode of drafting. the Pc
, titioner being liable to enrolment a. a
citizen under our law woald have been
; included. But 1t is unreasonable to suppose
that Congress intended TO allow such per.
sons TO be drafted, where the State laws
were sufficient, and yet to exclude them
:. by the word " citizens" In cases where
the President had TO make rules and regu-
lations for drafting. In this law also the
word "white" is omitted, evidently for
the purpose of removing the prohibition
against the African race, for the 18th Sec
ton expressly authorizes the President to
receive them into the military Or laval
service. This shows that the word citi-
; Zens Is still used with reference merely to
: State citizenship.
This conclusion is strengthened also by
, the provisions of another act OF the same
date, chapter 200 laws of Congress, vol.
: II, p. 594. The 2lst section enacts that
any alien who should volunteer in the
service of the United States, and be alter
wards honorably discharged, might be-
come citizen of the United States, with
out any previous declaration of intention,
and without being required 10 prove a
previous residence OF more than one year.
: Can it be possible that Congress, anxious
to fill the armies of the Union, and while
) passing one act to induce entire aliens
who had never declared their intentions
at all, to enlist, intended in another act,
. l Of he v.l, 10 g.
liability to military duty, by the use of
! the word citizens" those who had de.
clared their intentions, who bad become
citizens of the State, and taken part in
the elections of the highest officers of the
United States2 They never could have
had such an intention. The word cti-
zen referred to State citizenship, and was
not designed to exclude those OF the class
TO which this petitioner belongs.
The Constitutions OF several other States
have extended to these persons rights of
citizenship similar to those given by this
State. They have enjoyed the privileges
and protection of citizens they nave
filed the offices, taken part in the
enactment of State laws, and had On
equal voice with others in the election
of the officers, and the enactment
of the laws IF the United States. They
have found free homes among US, under
governments established upon the princi-
Piles of civil and religious liberty, ard
equality of rights among men. They have
shared our prosperity, when we were pros
porous and happy, and by every principle
fjustics and every sentiment of honor
they ought to share the burdens in this
hour of calamity and trial. And it is to
| be hoped that instead of shrinking from
this high duty, they may 30 no less Wiling
to bear their share of the burdens of war,
than prompt to claim privileges and pre-
| ferment in times of peace.
| The order of the commissioner mus. be
| reversed.
The Rolls of Honor-Makc q Bold, Clear