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

became entitled ander our constitution to
all the rights Of citizenship before referred
to. The trainers would hardly have "a.
sumed that any distinction would be made
against them, in respect to rights OF pro-
psFty. But this provision was intended
for the benefit of those who were resident
aliens simply, and all who were entitled 20
political rights were included by the word
" citizens" which meant only citizens of
this State.
So also the second section of the article
on suffrage which provides that no 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 3 citizen. And if this class of persons
are not citizens, they might levy war
against this State, and adhere to It's enc
mics, though perhaps filling at the same
time some of its highest offices, and vet
not be liable to punishment for treason.
position in which it cannot be assumed
that any government would ever inten.
tionally place itself.
1t is also worthy of remark that al.
though the State cannot make such
persons full citizens of tn 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 UniIed
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 Legisls-
ture." Senators are chosen by the Lesis-
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 tull 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 general sense
| to be citizens even of the United States.
Indeed, it was held in memorable IN
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 citizen of that
State, although not full citizen of the
United States, was still 'domiciled citi-
zen," invested with national character
as such, and entitled to the protection of
our government abroad. And Congress
awarded medal to the gallant command.
or lngraham, who so promptly extended
that protection to the Hungarian exile
who had declared his intention to become
a citizen OF the United States. The fol-
lowing extract from a letter of Secretary
Marcy, in the correspondence which fol-
lowed, is not inappropriate to the present
discussion. He says:
"This right to protect persons having
a 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 which
!
disregard. Such domiciled citizen pays
the same price for his protection, as ma
tive born or naturalized citizens pay for
theirs. He is under the bonds of allegi
ance to the country of his residence, and
if he breaks them incurs the same pen
alties; he owes the same obedience to the
civil laws, and must discharge the duties
they impose on him his property is in
the same way and to the same extent liza
BILE to contribute to the support of the
government. In war he shares equally
| wirh them in the calamities which NAV
befall the country; his services mag be re.
quared for its defence; his life may be
perlled and sacrificed in maintaining its
rights and vindicating its honor. In
nearly all respects his and their conditions,
as to the duties and burdens of govern
ment, are undistinguishable."
Ii this Is true in respect to the relation
between the government of the United
States and foreigner who has declared
bis intention to become citizen in state
which does not for that reason confer on
him any political rights, it is much more
true in case where the state does confer
upon such person the rights of state citi-
zenship and the qualifications of an cleo
tor, thereby making him also an elector of
the United States, and entitled to a voice
in choosing its highest officers. And up
on the question of state citizenship, be-
tween the state and such person, so far as
it is possible for the state to create a state
citizenship, there is no room for doubt.
If then the liability of this petitioner to
be drafted depended upon the meaning of
| rd oil in L.
| 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 g citizens of
the United States" A good, reason for this
| discrimination is sfound 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 10 Office. But many foreigners
who come here are not only unacquainted
with our laws and modes of proceedings, but
ignorant also of our language. And iu-
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 discharge the
duties. Hence this discrimination in the
law on that subject. But no such reasons
exist why those persons should not share
the burdens of.she commonidefence, there
fore the militia lew drops the language
which is used where full citizenship of
the United States j. intended. and prozides