Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-15
The State Of Arkansas VS.. Sam-
ueI w. Williams.
OPINION
b THE COUET, Mr. JUSTICE PIKE.
lCOETNUED FROM YEsTERDAY.I

]
OPINION Continued.
This theory Of the government, being
indeed simple facts, must, If Truth is to
prevail, bn inhexibly adhered to and car
ried out To all its results and cOnse-
quences. For whatever in practice de-
parts from the true Theory, is usurpation
on one side er the other.
Il is not for US now to follow out this
theory, except so far as il Affects the
question Of citizenship, allegiance, Trea-
son, and the Right of Secession.
By the Constitution, the citizens Of
each State were declared entitled TO ali
privileges and immunities of citizens IN
| the several States This was citizenship
Of the United States. As the States alone
CONFESSED the Union and Jgere the United
States, it logically and inexorably fol-
/ lowed. that no one could be a citizen Of
the United States, except by being or
becoming a citizen of some State.
Each Of the States, before ratifying the
constitution, possessed the -WeT Of nat
uralizing persons Of birth. They did not
grant that power to or confer it upon the
nation agree, that Is, to exercise II
Jointly, as a corporation; but they au-
th0rized Congress 20 establish an uni
form rule Of naturalization > and it Is
added, in the same clause, and uniform
ldl0s on the subject of Bankruptcies
throughout the United States
The reason for the use Of the word
Rule instead of Laws, in respect Of
naturalization, is obvious. 1t certainly
was not done merely to avoid q repeti-
ton Of the word laws, and for grace of
style. The States had the power of
naturalization and so making citizens,
each for itself and as one State might
admit 10 citizenship, aliens after Little or
20 length Of residence, and so entitle
these to ali privileges and immunities Of
citizens in the other States, which them
selves might require long term OF resi-
dence and She performance Of other con-
ditiOns, more or less various and on Orous,
authority was given to Congress 10
establish an uniform RUle, to be followed
by the States, thus prescribing the mini
mum length Of residence or other quail
iicatiOn.
But the government came almost at
the beginning, into the hands Of that
party and those men who regarded the
people OF the United States as one peO-
pie and in the exercise Of the powers Of
their government proper, acting dl-
I sctiy upon Individuals iuJuS Of naturali-
zatioa were enacted, to be observed IN
the Courts OF the States and in those Of
The nation, in all OF which citizens Of
the United States and not citizens OF
particular States were to be made by
naturalization: and the result, in seventy
wears, was the naturalization Of great
numbers Of foreigners, not citizens OF
any State, IN the District Of Columbia
and the Territories. II is undeniable
that none Of these citiEens Of the United
states were entitled, under the consti-
tuition, 10 any privileges or immunities
Of citizens IN any State. Only citizens
Of some State were entitled to these.
That there could be 40 such citizens Is
clear from the consideration, that if there
could, and thousands bad been so made,
resident in territories and the District,
then, if alt the states had chosen to dis
solve the Union and return to their orig
ipal entire isolation as States, still the
United States Of America would have
c0atiHucd TO exist, such naturalized citi-
zens being the people; IN law owning al
the common property, entitled 20 retain
the records and archives, owing all the
debts. owners Of all funds in the Treasury,
PARTY to al treaties, and entitled to en-
force al the laws aud all the States
seeding from the Union as defined by
Mr. Webster, and no state remaining IN
il. the people Of all would have been
rebels and traitors against the lawful
authority OF the United States
such was citizenship Of the United
States. We may be permitted TO re-
mark, on this subject, and as illustra-
I ting the disastrous consequences OF de-
| partUres from right theory, either ID
! doctrine or practice, that nothing more
/ tended 70 confirm and strengthen IN
D 4. 81 ~, ION
/ was not one Of the States, but a Union
into one political mass, Of the people,
l than this practice, sanctioned by law,
and wholly contrary to principle, of
making citizens Of the United States,
| who were not. and multituaes of whom
/ never became citizens Of any State; yet
considered part Of the people Of the
/ United States, authors of the CONSTR
I tutiOfi.
Allegiance is the duty a citizen owes
70 his country, Of obeying the laws
/ which in contemplation of law be az
/ one Of the people makes, of respecting
/ the lawful authorities, and of defending
/ his country, with his life, il need be,
against all enemies.
/ This allegiance is first due BY the eiti-
zen to his State, as well under the Fede-
| rsl as under the Confederate Constitu-
| ton, and because, and only because, he
owes allegiance to her, be owes it To the
I other States, jointly With her, so lar as
| she and those States have agreed, by the
/ Constitution, jointly to exercise the
powers of sovereignty and governments.
I IN other words, he owes such allegiance
/ 10 the nation, as part OF his allegiance to
/ his state, as that he msst obey all con-
| stitutioBal laws OF the Federal Govern
meBt, and az lawful mandates and or
/ ders Of its lawful authorities. As the
L Stale has agreed that she will not sepa-
rately exercise the war-pOWer, his allegi-
/ ance binds him b serve and defend the
nation by arms, against all enemies, so
I long az his stated Gnues to he a mem Der
/ OF The union. And he is also bound 10
/ accept the decisions Of the Supreme
/ Court of the United States as finai, and
a. the decisions OF his State and all the
I others Jointly, upon all constitutional
questions OF which that Court has juris-
dietion also while his State remains
in the Union. When she, by a Conven-
ton Of her people, regularly assembled
with the same formality as that where's
with she entered into the Union, with
draws from Il, and resumes, not her SOW
ereignty, but her entire Independence
and isolation, every citizen Of the State
any allegiance 70 the Nation, because his
State is no longer {, member Of il, and
his undivided allegiance is again due to
the State alone.
Nor can the citizen Of State. after
abe has withdrawn from the Union.
elect, remaining in the State, whether he
will obey her laws or the laws Of the
United States, exercising the right OF de-
| Gliding for himself that she had no right
OK no just cause, to withdraw, and sc
deciding also that Ae still owes alleRi.
aBee to the United States. II is quite
true, that where an act done by STATE
IA forbiddeB by the Constitution of the
United States, as, for example, the en-.
acting OF an er post fdct0 law, such 40
7 is null and not the act Of the State
because. having solemnly promised no
- do &c, and her continuance in tn,
TT,iou making the promise still binding
4 there is 5 law which she has herself mad,
supreme ia tbAt and like respect
the Constitution of the Nation