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

became entitled under eur constitution to
all the rights Of citizenship before referred
to. The trainers would hardly have ~.
sumed that any distinction would be made.
against them. IN respect to rights OF pro-
psrty. But tbs provision was intendo&
for the benede of those who were residau1
aliens simply, and Ill who were entitled &,
political righh were included by the word
" citizens," which meant only citizens Of
this State.
So also the second session of the article
on suffrage which provides that 40 person
$. convicted of treason or felony shall be
qualified to vote at any election unless re-
stored to civil rights" clearly assumes
that auy elector under the constitution
may be guilty of treason against the State,
but he could not be guilty OF treason un-
less citizen. And if this class of persons
are not citizens, they might levy war
against this State, and adhere to Its enc
mics, though perhaps filling at the same
time some of its highest offices, and yet
not be liable to punishment for treason,
a position in which it cannot be assumed
that any governments would ever iuten-
tionally place itself.
1t IS also worthy of remark that al
though the State cannot make such
persons full citizens of the Uni
ted States, yet by making them
electors of the State, it thereby gives them
an equal voice with any other citizens in
choosing Senators and Representatives in
Congress, and also in choosing the Presi-
dent and Vice President OF the United
States. For, by the the Constitution of
the United States, representatives. are cho.
sen by the qualified electors of the most
numerous branch of the State Legisla-
| ture." Senators are chosen by the Legis-
lature, and Presidential electors in such
manner as the State legislatures direct.
Notwithstanding therefore, the Consti-
| tuition conferred upon Congress the power
| of providing uniform naturalization laws,
aud notwithstanding it must be admitted
| that an alien cannot become a full citizen of
the United States except by complying with
those laws, it must also be admitted that
the State may by comforting upon them
the right Of suffrage enable them to have
an equal voice with any other citizen in
| the government of the United States itself.
And although they may not be full citizens
they may we'll be said in a general sense
to be citizens even of the United States
stance, fresh in the recollection of all, that
foreigner who had declared his inten-
tons under the laws of Congress, in the
State of New York. whose constitution
and laws did not confer on him any politi
Cal rights or make him a citizen of tha
State, although not full citizen of tn,
United States, was still "domiciled citi
zen," invested with national characte
as such, and entitled to the protection o
our government abroad. And Congress
awarded q metal to the gallant command
or 1ngraham, who 80 promptly exteD det
that protection to the Hungarian exil
who had declared his intention to becom
citizen Of the United States. The fol
lowing extract from q letter of Secretar
Marcy, in the correspondence which fol
lowed, is not inappropriate to the presen
discussion. He says:
This right to protect persons havin,
!. domicil, though not native born or natu
rallied citizens, rests on the firm founda
ton of justice, and the claim to be pro
tected is earned by considerations whicl
: the protecting power is not at liberty t.
disregard. Such domiciled citizen pay
the same price for his protection, as ma
tive born or nsturalized citizens pay fe
theirs. He 10 cnder the bonds of allegi
ance to the country of his residence, ant
if he breaks them incurs the same pen
alties he owes the same obedience to tn
civil laws, and must discharge the dutie
they impose on him; his property is il
the same way and to the same extent liza
BILE to contribute to the support of tn
government. In war he shares equal,
wirh them in the calsmities which ma,
befall the country; has seruices mag be re
CURED for its defence; his life may b.
periled and sacrificed in maintaining il
rights and vindicating its honor Il
nearly all respects his and their conditions
as to the duties and burdens of govern
ment, are undistinguishable."
If this is true in respect to the relation
between the government of the Unitet
States and foreigner who has declared
his intention to become citizen in stat,
! which does not tor that reason confer OIL
him any political rights, it is much NOR,
true in case where the state does confe
upon such person the rights of state citi-
zenship and the qualifications of an cleo
tor, thereby making him also an elector O
the United States, and entitled to voice
ia choosing its highest officers. And up
on the question of state citizenship, be-
tween the state and such person, so far as
l
citizenship, there is no room for doubt.
If then the liability of this petitioner to
be drafted depended upon the meaning Of
the word "citizeL " in our state law.
should have no hesitation in saying that
| be was liable. In this act the word "cit.
| izen % only is used, but where the legis
lature intends full citizens of the United
States they say so. Thus in the law con-
corning jurors it is provided that none
| shall be drawn who are not " citizens OF
the United States" A goodreason for this
discrimination is found in the fact that
jurors are drawn by lot, and while persons
who have declared their intentions are
made electors and allowed to hold office,
yet it might perhaps be safely assumed
that no person not competent would be
elected to Office. But many foreigners
( who come here are not only unacquainted
with our laws and modes ofproceedings. but
| ignorant also of our language. And ju-
| rors being drawn by lot, if all were liable
| to be drawn as soon as they had declared
| their intentions, many might be drawn
who were wholly unable to discharg the
| duties. Hence this discrimination in the