Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-04-02

tn.:. VIC iuii neaning OF all the copsti.
.u.ional provisions of the United States
o IS ~ Tue very nature of the subject matter
an. s "a" seems to me fully TO exclude
49, Huon Intention. 1t was a question
- sh:. as 70 what persons should be liable
sonoa ue burdens of the common "a.
sons ~ AZ oetween the State and all ner.
800, Wy oy It's constitution and laws GRO
oee ui'iAenS OF 1t, there csn ha M donbt
suos an sucn persons ought to sbars tboSa
burdens equally. And there i NO or .uvss
ior suPposlng that Congress intenSaJ hu
the words "citizens of the rasn eu "
States" to exclude any who were c;ri G.ars
TO all lntents and purposes as between tha
State and them. 'ne
This conclusion is strengthened h- A.
use OF the word ~ bite" in that law IT,
Supreme Court OF the United States in tho
bred Scott case, 10 How. 40. saws ,bat
the word white was used in this law g.
exclude the African race, and the word
citizen to exclude nnnaturaiizad 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 WHO used il. un-
derstood that if it was not so qualified, the
African race might, 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 sssum-
Ing, as that Court decided that the African
race could not be citizens, within the tull
meaning OF that word as used by the con.
stltutlon OF the United States, vet that
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 excludinp the
African race can only be accounted for
upon the theory that the word "citizens'
was used not IN It's 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 petit.
toner belongs.
BIT even ii there were doubts as to the
correctnessof this construction of the law
Of 1892, there can be none as to it's 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 it this State had had a law sufficiently
providing mode of drafting, the Pc
titioner being liable to enrolment as a
citizen under our law would have been
included. But it 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 I" 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 naval
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.
10, p. 594. The 2lst section enacts that
any alien who should volunteer in the
service of the United States, and be after
wards hOnorably discharged, might be-
come a citizen of the United States, with
out any previous declaration of intention,
| and without being required to prove a
previous residence of more than one wear.
Can it be possible that Congress, anxious
to ill 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,
passed at the same time, to exclude from
| 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 States They never could have
had such an intention. The word citi.
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
State. They have enjoyed the privileges
and protection of citizens they have
filled 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 f the United States. They
have found free homes among Us, under
govern nents established upon the princi-
Piles Of civil and religious liberty, and
equality of rights among men. They have
shared our prosperity, when we were pros
porous and happy, and by every principle
of Justice 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 be no less "illlng
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 must be
reversed.