Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-12-23
Important Decision BY the Supreme Court.
STATE OF w ISCoNSlN
STPRFNF CoTRT.


STATE OF WISCONSIN,
SUPREME CoURT.
In the matter of the Application for writ OF habeas
caryaS for Martin Conway and James Gibbons.
OPINION by Justice Paine
The laws of Congress and of this State,
the word . citizen" rs designating those who
are liable to be enrolled in the militia In
the recent case of Carl Wehiitz we held that
this word in the acts of Congress, as not de
signed to include only those who were full
citizens of the United States but also those
of foreign birth who had declared their inten-
tons to become such, ard who had become
citizens OF this State according 10 our constr
tuition and laws. The question now presented
is whether the children of such persons who
came to this country with their parents while
minors, but who have since attained full age
and have voted in this State, are liable TO be
enrolled and drafted And this must depend
upon the question whether such children can
be considered " citizens within the meaning
of the laws of Congress,
That they cannot be regarded as citizens of
the United States, under those laws, in the
full sense of the term, must be conceded By
the Sd section of the act of Congress, as pub
lished in Brightley's Digest, p. 50, the minor
children of such aliens as become fully natur-
allied are to become citizens by virtue of such
naturalization Of their fathers. And section
10 provides how an alien who has resided in
this country three years next preceding his
arrival at the age OF twenty-one, may become
a citizen. The fathers of the persons for
whom this application is made, never having
been naturalized, but only having declared
their intentions, and these persons never hay
ing themselves taken the steps prescribed by
section ten, they cannot be regarded rs full
citizens of the United States under the laws
OF Congress.
If then they are 10 be included at all, it
must be because they are citizens of this
State, within the rule adopted in the Web
litz case. But we are unable to see how they
| can be so regarded. In respect to their faith
| ers our constitution and laws are clear The
right OF citizenship Of this State was conferred
| ON them, so far as it is possible for state to
| confer citizenship Of itself, on an alien,
without his being fully naturalized under the
| laws of Congress. And it is true that if those
| who framed our constitution and laws had fol-
| lowed the analogy suggested by the acts OF
| Congress on this question, they would have
I provided that the minor children of such per
| sons, should on coming of age, be entitled to
ike rights Of citizenship in this state as theii
| fathers But they made no such provision
| And whether it was caSgtS ODjSsAs or de
! signed, courts can only take the law as they
| find 1t.
Does the fact that they have voted here
make them citizens Of this State Certainly
| not. Our laws gave them no right to vote
| and il they have voted, thcv voted Illegally
| and are liable to punishment. Ltt such lie
| gal voting surely cannot alter their politica
status, or enlarge their rights.
1t may be entirely competent and expedi
| ent for Congress TO enact that any alien WHO
! votes in any state shall be liable 20 military
| duty and be estOpped by his own act from de
In a1frs J, Il
| done so, and the only question, as the law
now is, is whether the party is citizen OF
| not.
| When this point was under discussion, ref
ereHce was made to the opinions of the Sec
rotary of State, and OF the Secretary Of War
in which they held that those who had voted
! were liable to the draft. But we understand thai
| they were speaking only OF such as HAD de
clared their intentions, and then voted. II
| such cases the act OF votingis significant anC
material For it may perhaps be said that nt
| state can impose the rights or duties of citi
| zenship upon aliens who do not choose t
have them. But IN all cases where the State
COnters the right Of State citizenship on alien.
! who have declared their intentions TO become
citizens of the United States, the act of vot
| ing Is conclusive proof OF an acceptance Of
such State citizenship by them. Therefore
| they would be included in the laws of Con.
| gross, which designed to reach such State
citizens, as well as full citizens of the United
! States.
But when the State coufcrs no citizens. D
no right to vote, the act OF voting as the law
| now Is, must g immatcrial. 1t would be d
mere illegal act, not significant Of any accep
| Jauoc Of citizenship by him, because none
! was offered him to accept.
/ We think, therefore, that these partic.
were not liable to be drafted, as the law now
! is, and that they must be discharged