Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1885-02-13

Notwithstanding the definition given in
the sentence Immediately preceding the
one quoted that "Al persons born or nat
uralized in the United Sta'es and subject
to the jurisdiction thereof. are citizens Of
the U"its1 States and of the State wherein
they reside" the Court held that the term
"citizen of the United Stales,' as used in
the 14th amendment, must be construed
to apply only to citizens Of 4tricaa descent.
In its elaborate opinion, the Court said
that. in ons'ruing organic, as other laws,
in order to properly interpret the mean
ing of the language used, the Cour must
look at the surrounding circumstances and
the main object intended 10 be accom-
plishei through the amendment by the
people who adopted it. L oking a. these
circumstances, it said that it was clear
that the object intended to be accomplish
ed by Congress in submitting, and the
peap'e in adopting the 18th amendment,
was to pretect the people Of African DIES
cent, upon whom certsin privileges of
citizenship were first conferred by the 18th
amendment, submitted at the same time,
in the enjoyment of those privileges =
Therefore, notwithstanding the language
used in section one was much more extern
sive in its literal application, it would be
restricted by the Court to that meaning :;
because i, would be unreasonable to as
sumo, in the absence of an express decar
alton, that the people intended that the
Federal government should so far invade
the sovereignty of the States As to inter-
dict its ordinary jurisdiction over is citi-
8eus.
Now the logic of that decision covers
the case Of the people of the loyal State
Of Maryla under section 4 of the 14th
amendment, in very satisfactory manner.
1t is clear that the one ohj~ct in contem-
plation in the submission and adoption of
the 4th section was to eXonera'e the Fed
eral government and the reconstructed
S ate governments from the payment OF
Confederate ,oar claims, and among these
were included claims ter slave, emancipa-
ted in the seeded ates by the proclama-
ton of President Lincoln as a war meas
ure and conditional upon q cessation Of
hostilities against the Federal government.
This is very clearly shown by the context
and this construction would do very slight
violence to the literal meaning of the Ian
guage used.
1t does not seem any more reasonable.
if as much so, that the people intended in
the 4th section that the Federal govern,
ment should So far invade the sovereignty
of the loyal State of Maryland as to de-
prive her of her inherent right to remun-
crate her citizens for property taken away
by the organic law. than that they intend
ed in the first section to so invade the
rights of the other ates 1t would be a
forced and violent Interpretation 10 hold
that the Congress in submitting. and the
people in adopting the 14th amendment,
intended that the people of the loyal State
II Maryland, which had furnished her full
quota of troops to the Federal armies dur.
ing thew and otherwise maintained her
allegiance, should be placed in this res.
pect upon an exact equality with the peo-
pie OF the dis-a..i States. And SO. if the
/ Of g ipb s l.
ty, neither has the compensation By the
Federal government, in accordance with
its resolution adopted in 1862, for the lin
convenience pubic and private" sustain
ed by this State in the abolition of slavery
been inhibited
We entertain little doubt that the dis
tinction we have referred to would be
promptly recognized by the Supreme Court
if the question were brought up. But the
only way this question can be brought up
is for the next Legislature to comply with
the requirements OF the constitution Of the
State and present the matter to the a,ten-
ton Of The Federal government 1t poor
ly behooves the peoP's and press Of this
State, which has veryhiag to gain aud
notl ing to lose 10y the presentation of this
matter, to be cautiously questioning the
the judgment of the mos learned consti-
tutional convention that ever assembled
in the State, or as'ily prejud ging their
own claim. The Legislature sh ,ull do
its duty, as clearly defined by the State
constitution, and let consequences take
care of themselves.