The daily gazette., 1881-02-12

which followed 1t, and down to tn,
month of September 1887, when tb.
Constitution of the United States wa,
formed. During the interval between
177e and 1887, they individually poss
ed every power of sovereignty which
any nation enjoyed. At the latter Pc
riod they formed union with each
other, and created government fol
the benefit Of the whole, parting with
some of the most valuable of theil
sovereign rights to the new creation
such as the power to declare war.
coin money, &c, but retaining and
reserving to themselves, or to the
whole people of them, such as were
not expressly conferred upon the new
government, or necessary to the ex-
ercise of those which were express
ly granted. In the unrestricted condi-
tion they held, as a matter of course
the sovereign right of determining
who should be citizens of them; and
uIder this they invested with citizen.
ship from time to time, the foreigners
who hocked to cur shores.
But the laws OF the States being
different upon the subject, and 10 pro-
mote equality of action, Congress, by
the Constitution was clothed with the
| power to prescribe rule for naturali-
zation which should be uniform all
over the Union. Whether the fram-
ers of that instrument meantto deprive
States OF the power to naturalize, or
simply invest Congress with power to
regulate their action-leaving them to
make citizens of foreigners-it is need
less now to inquire; the right to act
independtly of The y ates having been
assumed by Congress, and afterwards
acquissced in. Before that time there
were, strictly speaking, no citizens of
the United states; but when naturali-
cation took place by Congressional
action, some status was necessary to
be given to the new made political
unit, and he became a citizen Of the
United States, entitled, so far as pro-
lection from the General Government
was needed, to the same care as cit
izen of State, and subject as they to
perform services TO it whenever its
exigeneies required them. But they
did not, therefore, become citizens Of
any State, and could only acquire Cit
izenship in them by such terms of
residence, &C., as they imposed. Here,
then, we have two classes of citizens
-citizens of the several States, who
were also citizens of the United States
and citizens of tho United States whe
were not necessarily citizens Of any
State-but they were all citizens Of
the United States, with the right of |
protection of person and property by |
it and the correlative duty of alsgi- |
ance to it. When the naturalized for
rigner complied with the condition 10
acquire State citizenship in the State
where he settled, he became a citizen
Of such State, and was then placed
upon the same footing as any other
state citizen. And in neither case
,ould any act of the General Govern,
nent affect his status as citizen of a
state.
There was dual or double citizen
hip existing, yet no "divided duty" but
ather q convenient and not hostile al
egiance. The decision of the Supreme
court OF the united States In Scott
gainst Sanford, called the Dredd Scott
ase, in the 10Th volume of Howard,s
reports, page 393 ct seq. shows this; as
oes also that of the same court in
'hat are called the Slaughter House
ases, in the 10th volume of Wallaee's
seports, page SO, ct seq. Since these
ases, there can be no doubt of the ex-
'tence of this dual citizenship. In fact
ne Constitution Of the United States,
the second section of the first article,
rescribing the qualifications of a Repre-
sntative In Congress, and In the first
sction Of the second article, prescribing
lose Of President, recognizes a citizen
lip OF the United States, and in the
scond section of the fourth article.
tIzenship of a State, as contradis-
nguished from the other. Keeping {
lis In mind, we are able to decide upon
le effect Of the section of the act of
ongress with respect to deserters, which
made part OF the defense In this case
be full section Is as follows:
All persons who deserted the military
, naval service of the United States.
I'd did not return thereto or report
emselves to a provost marshal within
days after the issuance OF tho proc
nation of the President dated 1itb
~ Of March, 1865 are deemed TO have
,luntarily reliDquished and forfeited .
cir rights of citizenship, as we'll as
eir right to become citizens; and such =
serters shall Do forever incapable of
,lding any Office of trust or profit un.
II tho United States or of exercising
yhts OF citizens there Of"
Tho very language employed in this r
ction Is Its sufficient in.erpetation.-
10 "rights of citizenship as well as the
cir right TO become citizens" are auch 4
hts ~ they enjoyed because.they were
izens of States, but not the rights of y
ate citizenship (which the General
had never conferred upon
ann and also the right TO Do natnrahz.
and made citizens of the United
ties. To thoroughly understand this
must treat tho term United States las
IL only entitled to be treated In this
nnectionl as a sIngle body formed BY {
aggregation of the whole OF them q
der one form of government, and not =
separate sovereignties. Thus treated.
,re Is no difficulty In understaL ding
It there La q certain general citizen.
p common to all the citizens of the
ties, and naturalized foreigners also
10 may not be citizens of any OF them
IN want (for example) OF State reQui-
OF residence; and State citizen ~
D which she may determine and de-
) by her own avs. The right to say =
o alone should be citizens of any
te was never questioned as Ia Eresery.
eight of such state before the enact
Mt of the section just quoted; nor was
re any warrant for doing so down 10
time of the adoption of The Four
nth amendment of the Constl tuition
the United States, which provides OF
{ "all persons born or naturalized {