Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1865-09-27
esnecials that a mere act Of CONGRESS- cam.

aDly TO the onlteu states On Tue iIect Oh
naturalization should be construed to
describe the mode Of declaring, and
cannot relate to subsequent conduc, of
tie individual, nor to legislation by Con-
gress in respect to such subsequent con-
duet
While admitting the great weight due
to this argument from the letter of the
law, | think however that this constitution
will he found to be too literal 1T appears
to me that the language seemingly un
qualified and absolute, is really restricted
by an implied condition, pamelv. that the
person claiming the right TO vote shall
have done no act inconsistent with and
destructive of his declaration of Intention
that the requirement of the law is, not
merely that he should have done specific
act, but that he should remain, and at
the time of Offering to vote, be in the con
dltlon IN which that act placed him
Thus, In declaring his intention 10 become
citizen of the United States, the person
OF foreign birth renounces his allegiance
to his former 90 ernment Surprising
that he afterwards changes his intention,
and, returning TO the land of his birth.
| takes up his residence there, and renevs
| his allegiance to his first sovereign. If
/ he should again become Il resident Of
! Wisconsin, would he after year be
/ LEGAL otter here, notwithstanding That he
is subject Of n foreign prince, merely
+, because he had ut former period declar-
| ed his intention to become citizen of the
| United States and had thus even ac-
| CURED the right of voting here2 1t is
evident that his self expatriation was in
consistent with his former declaration,
| annulled it, and deprived him of the rights
he formerly enjoyed by virtue of it. If
Congress had, before our state constitu-
ton adopted, provided a method by
whic'i a person so declaring his intention
could afterwards avoid the obligation so
/ assumed, and we waive the benefits, vir-
tually rcvokin@ the declaration, could n
person who had made the declaration and
afterwards annuled it pursuant to such
act of Congress, still claim the right of
voting on the ground that nothing is said
in the state law about annulinr the de-
claration? | think that our courts would
answer to him that the right of suffrage
was conferred on him, not because he had
made such declaration, but because he
adhered to it; that our constitution does
not regard so much the expression of the
intention as tie intention itself and the
new relations sprin~inc out of that ex
preston, and when the intention Is ahand
oned, and those relations cease, the right
to vote no longer remains The presump
ton of the constitution is that n person
making the declaration will thenceforth
act in accordance with it, bu the right to
abandon it exists in the ind vidual, and
! should he exercise it, he is estopped 10
claim the right of privileges. Congress
has in the act in Question substantially
declared that person Of foreign birth, who
/ has declared his intention to become n
| citizen, should, upon doing certain acts
! themselves inconsistent with a hearty
support Of the Government), be deemed
and taken to have voluntarily rclinquished
and forfeited the rights gained by such
! declaration. True, the person effected may
uroe that he once declared his Intention,
and that fact remains, and is his sufficient
title to the exercise Of Suffrage but - ad
NIT this is to overlook the chief sigaic-
ance of the law. This declaration was
not selected by or people as the condition
upon which suffrage was to be extended
to those Of foreign birth, BECAUSE Of any
I inherent virtue or efficacy in such decla
ration, but because after such declaration
made the former alien becomes an in
choate citizen of the United States. obli~
/ gated to our government, uH Ter its protcc
/ ton. and in our national view absolved
/ from allegiance to any foreign power
/ The first clause Of section one gives the
. right Il citizens Of the Tn ted Statcs, the
/ second embraces those on the way to cit
/ izenShip, quasi citizens, embryo citizens
who in the presumption Of the law based
on their solemn declaration, are to be cit
! liens of the United States within five
I years, and in the mean time ',to behave as
m II Of good moral character, attached to
/ the principles Of the Constitution of the
I nit ,rl Ill I,a
/ cool order and happiness of the same.
/ L. :. Stat. at Large 4l4. 1t Is because
/ the national government has admitted such
men into many Of the privileges of cit
/ liens, and has promised that after n brief
probation it wi confer the full rights Of
! hership on them. because Of the intimate
{ relation existing by the national Jaw be
! tween such persons and the general gov
/ eminent, that the State Of Wisconsin, an
! ticipated hy four years the full fruition Of
/ these privileges, places in them this great
/ confidence, and yields to them the excr-
. else Of self government 1t is a we'll ninh
universal rulu in constituting election laws
! that the important consideration in de-
! termining the right to vote is the actual
status Of the individual at the time of of-
| fering to vote. That Is the real object
| which the law aims ut determining. and
| previous acts are but valuable as evidence
! upon which TO determine the existing con
dition. OC the four clauses in section
one, the first and fourth are evidently to
| he construed in conformity to this rule
! In the third the force of the rule was so
| strongly felt by the legislators that they
! found 1t eXpedient to use express words of
/ exception in order to show their intention
/ to exclude to some extent the operation of
/ the rule on that class They saw:
3 Persons Of Indian blood who have
/ once been declared hv law of congress to
/ he citizens of the United States, any sub
segment tar Of Congress to be contrary
notwithstanding From this language it
NAV we'll he inferred that they understood
and intended that as to those in the second
class, Subsequent law Of congress
might avoid the effect of their declarations.
and thus destroy their right to vote that it
wonid be presumed as to them. in the abb
sence OF such special provision to the
contrary, that any subsequent action by
congress or by the individual, which
should annul the declaration and change
the situation of inchoate and partial cit
-, h ! :