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passing it, or with a view of getting a vote upon this privilege of citizenship, and vote in the or- five years is better qualified to vote then, than the proviso, but solely for the purpose of getting ganization of the government, or in the election others are the day they land. A great many of before the House the substitute from which the of those who are to conduct it, no officer, soldier, || the men who come here, come well educated, weil Clayton proviso was excluded, and of forcing a seaman, or marine, or any oiher person in the read, well informed, and, indeed, know all the vote upon it under such circumstances as to pre- Army or Navy of the United States, shall be details of our own history and of our own Gov. clude the possibility of getting that proviso in it. allowed to vote or hold office in the country. ernment, better than many Senators here know That substitute was never read in the House “ Mr. WALKER. I desire to correct the Sena- them. Then, sir, as a question of safely and until the previous question was called upon its tor. He shall not be entitled to vote by reason strength to ourselves, give them, at the earliest adoption, and a motion to amend by inserting the of being stationed there is the reason of it. He moment you can, an interest in the country, and Clayton proviso would have been out of order. may be a resident and citizen elsewhere; and he is they will be Americans indeed, they will be AmeriThe bill was sent back to the Senate, and the dig. not to be allowed to vote by reason of being sta- cans in heart as well as name. But keep them for tinguished Senator from Maryland (Mr. PEARCE] || tioned in the Territory.
five or ten years, deprive them of an early enjoymoved again the Clayton amendment. I desire, “Mr. Pearce. Then, a man who is stationed ment of political privileges, and you tend to alienfor a few minutes, to review the discussion which there by orders of his Government, shall not be ate them, instead of attaching iheir affections to then took place. No discussion was had in this allowed to vote because he is a citizen of some you, your people, and the country, and its ConHouse upon it, because the amendment or proviso State of the Union; but the alien, who may go in stitution. Safely and prudence to ourselves, and was retained until discussion was out of order, the day before he declares his intention to become justice to them, alike demand this policy, in my and a vote obliged to be had upon the substitute a citizen, shall be entitled to vote, though not a judgment." without it. Was that amendment right? Was it citizen. That is practically declaring that our
The Senator's premises, it may, perhaps, be un. important? What I have said before in relation naturalization laws shall have no force at all in to the number of immigrants to this country, and this Territory, and placing the newly arrived | becoming in me to question, because he has been
in daily intercourse with Senators, and therefore the character of a large portion of them, goes very foreign emigrant above the citizen of the United far to answer these questions. The Territories States. I can conceive of no higher exercise of
may be supposed to have had better opportunities belong to the people of all the States of this Union. the right of citizenship than that of voting, unless tions are; yet I may be permitted, without offense,
of knowing than I have had, what their qualifica. North Carolina has an interest in them as well as it be the right of being elected a Representative; New Hampshire. And the people of North Car- yet you propose to bestow it upon one who may
to say that I know no Senator of whom his reolina ask no further protection for their property
mark is correct. If, however, his premises be true, never proceed further than the declaration of his
his conclusions certainly are. If ihese foreign imin the Territories, than that which is guaranteed to intention to become a citizen, though that declara
migrants know “all the details of our own history them by the Constitution. In my humble opin- | tion may never be carried out, and the party may
and of our own Government, better than many ion, they are unwilling to substitute for their con- never become a citizen at all."
Senators," the sooner they are admitted to the stitutional rights that protection which may be In this debate, Mr. BRODHEAD said: found in alien suffrage and squatter sovereignty.
rights and privileges of citizenship the better Amer.
“I will only consider the section respecting the icans they are. Why, certainly they ought to be On offering the amendment Mr. Pearce said: qualification of voters, which the honorable Sen- invested with such rights and privileges at the
“Mr. President, my object in moving the ator from Maryland (Mr. Pearce) has moved to earliest possible period, even before they land upon amendment is obvious. ' I did not hear the debate amend by striking out the clause authorizing our soil, and with great haste those Senators from in the Senate on the night when the amendment unnaturalized citizens to vote. The section au. purely patriotic motives should resign their seats, of the Senator from Delaware was adopted; but I thorizes all free white persons above the age of and invoke their respective Legislatures, for the take it for granted that the reason for that amend. | twenty-one to vote at the first election, including country's sake, lo fill them with these better inment was the conviction, on the part of the ma- foreigners who have not become citizens, but have formed gentlemen, so as to attach their affections jority of the Senate, that the elective franchise declared their intention to become such, and ex- to Senators, the people and the country, and its should be conferred, within the Territories, upon cluding the officers and soldiers of the Army. So Constitution. If they are not patriotic enough citizens of the United States only. For my own that a foreigner, unacquainted with our language voluntarily to give place to their betters, the people part, I cannot conceive any reason why this priv- or laws, not twenty-four hours in the Territory, ought certainly to see to it, as "a question of ilege, which peculiarly belongs to citizenship, and who has not been in our country ten days, safety, and strength to ourselves,” that they be should be extended to ihose who are not citizens. can vote, without paying a tax; and General made to do what patriotism requires. Kossuth, It is a part of political sovereignty. It seems to be Scott, if he happened to be there commanding our according to this theory, with his notions of what the essential duty of a citizen, but of no one else, troops, could not. The honorable Senator from our foreign policy should be, would, I suppose, to exercise that power. It is at war with the prin- ! Maryland has moved what is called the Clayton make a Senator more acceptable to the American ciples of all government, it seems to me, to confer i amendment, which restricts the right to vote to people-a Senator to whose care they could more upon those who are not citizens the power to con- those who are citizens, either native-born or those safely trust their interest-than many Senators trol the Government through the right of suffrage. / who have become such under our naturalization chosen by the States to represent them, on account That right belongs only to those who are mem- laws, and as I voted for it when the bill was before of their supposed qualifications. All this may be bers of the body politic, and no foreigner can be the Senate upon another occasion, and have seen so; yet I hope some little incredulity may be par80 until he has, by naturalization, entered into the no reason for changing my vote, I will do so again. || doned to me. I have too much confidence in the compact which constitutes him one of the political | The right to vote, and take part in the Govern capacity and patriotism of Senators who have had community."
ment, is a high privilege, and I hold it should the misfortune to be born in our country, to believe The distinguished Senator then goes on to re
only be exercised by those who have become citi. them below foreigners in these qualifications. I view the legislation of the country upon this sub
zens, and entitled to the rights and immunities, li may be behind the age. I am certainly a plain, ject, and shows that the right of suffrage, and of and who have incurred the obligations, of citizeri- unpretending man, and not much addicted to the holding office, was limited in the territorial bills,
“ The Constitution, in the fashionable progress which marks our day. to citizens of the United States since the adoption uniform rule of naturalization. Therefore, when.
proviso, I will read from the speech made by Sen. of the Constitution, and prior to the adoption of ever Congress acts, it must make the rule uniform.
ator Bayard, on the evening the bill finally passed the Constitution to citizens of some one of the Well, Congress has established a rule, by an act
the Senate. He said: States. In regard to the bills organizing govern- passed in 1801, requiring five years’residence before
" The House bill now before us has embodied ments for Oregon, Minnesota, and Washington,
admission to citizenship; and now it is proposed
in it a provision which makes it essentially dif
ferent from the bill which passed the Senate, and “The provision which extended the elective ! good reason can be given for it? Why should an franchise to thcse who are not citizens, I think
the question now presented by the amendment alien have greater privileges in Nebraska than in Pennsylvania ?"
“ And how does an
offered by the honorable Senator from Maryland never entered into the consideration of any member of the Senate.” * *“In regard to Oregon Terri
alien become a citizen in this country? only [Mr. PEARCE) is, whether the principle involved under the clause of the Constitution which I have
in that amendment is of sufficient relative importtory, there was. erhaps, a peculiar reason why cited, and the act of Congress passed in pursu
ance to induce those who are otherwise in favor Congress should be more liberal than in regard to other Territories. I presume, however, that in
of the bill, to hazard its rejection, or even to vote ance thereof. And can the right to vote properly regard to all of them, the provision was established
appertain to another than a ciuzen? If foreigners against it, if that amendment be not adopted.
can have and enjoy the rights and privileges of importance of the amendment, that though I shall in consequence of the attention of Congress being citizens, the highest one of which is to vote, why I be unwilling to vote against the bill
, from deference
"So great, Mr. President, in my opinion, is the Be that as it may, these three later precedents naturalization?", And why have so many aliens judgment I entertain the most profound respect, being the only cases of extending the franchise to those who are not citizens of the United States, conformed to it?"
and with whose views I am happy to find my and who have only declared their intention to
Mr. Brodhead concluded by saying: “I do
own generally accord, and also because I cordially become such, seems to be entitled, under the cir
not care who votes with me on this amendment. cumstances, to but little consideration; at all events, It is right. It is right and just to the aliens them
concur in support of the principles upon which they should not overrule the precedents which I selves. It is for the purpose of maintaining the
the bill is based; yet, with my convictions, I can. have mentioned in the Territories of Missouri, I and I will vote for it, be the consequences, to my- which will be disavowed and disapproved of by
not record my vote in favor of any bill which Constitution and the rights of American citizens,
sanctions a principle so objectionable as that Mississippi, Arkansas, Iowa, Wisconsin, Ulah and New Mexico. self, what they may.”
the adoption of this amendment. “But I see this bill provides that, while the alien, An honorable Senator from Indiana, Mr. Per. " It is very evident that the relative importance, who may have come into the Territory only the tit, on the 24th of May, used this language: in his estimation, of the principles involved in the day before, may entitle himself, by a declaration "Mistake not yourselves, Senators, in suppos- bill, and that which arises under the proposed of his intention to become a citizen, to exercise ) ing that every man who comes and resides here amendment, must, determine the vote of every
33n CONG....20 Sess.
Nebraska and Kansas, &c.—Mr. Rogers.
Ho. OF REPS.
Senator who approves of the principle of the incident to man's nature and organization, men the excessive advent to this country of a large amendment, both on that amendment and also can ever be arranged under one Government, for mass of foreigners, who settle in the Territories, upon the passage of the bill itself, if the amend- their own welfare and happiness, unless it be the this practice will ever be changed. If you allow ment be rejected. The indications of opinion Government of their Creator. I consider that the them at first, before they become citizens, to exeralready given, foreshadow but too clearly, I regret division of mankind into nations is a part of the cise the right of voting in your Territories by your to say, the result which may be anticipated the law of nature, and if you discard and obliterate authority, that practice will never be departed from rejection of this amendment by a large majority, | that division, in so doing, by destroying that loy- Without the amendment, you allow them to do composed of both the friends and opponents of the alty of sentiment and that feeling of patriotism | this, when, at the same time, if the country from
“ You cannot expect to draw from which arises out of separate national existence, which they came were at war with the United foreign writers on international law any rule as to you strike at some of the most elevated and con- States, they would be alien enemies! The structhe connection between the right of voting, and servative principles of humanity. Well, sir, do | ture of this bill is such as to allow alien enemies the right of citizenship. I presume, however, that you not strike at national existence? Do you not to exercise the highest political right of a citizen. few men will doubt that, in a republican Gov- || denationalize your country, when you enact that “I consider the principle of this amendment ernment, the right to vote should be of necessity because the man who has come here to-day de- || absolutely necessary for the permanence of the an incident to citizenship. In other words, as I clares that he means to become a citizen, he shall institutions of this country, and, therefore, I can stated at first, the only true basis of a republican exercise the same political privileges and rights as record my vote for no bill which authorizes a right Government, where you have citizens, and where | if he were a citizen? Why, sir, civil rights in of voting to others than citizens of the United the power of the Government is reposed in the the general are very much the same to the citizen | States. I censure not the legislation of other people at large, is, that the political power which be- and to the mere foreigner. It is political rights States which have seen fit to adopt a different longs to the citizens in the mass of the country over mainly (which are the sole guardians of civil course, though I may question its constitutionality, which the Government exists, should be exercised rights,) that every well organized State necessarily its wisdom, and its ultimate effect. They decide by citizens alone, subject, of course, to all such confines to its own citizens." “Where, for themselves, and in my State we decide for ourrestrictions upon the right of voting as the Legis- || in a republican Government, ought political power selves. But when you come to the question of lature of the State may choose to impose. 1 to be vested? In the citizens of the country over recognition of such a right by Congress-in the question not that this political right of a citizen, which the Government exists. I defy gentlemen to organization of the Territories of the United like any other right, may be qualified and re- establish any other principle, not inconsistent with States, with increased power in the people of these strained by the Legislature of his State—I doubt a republican Government, and with the right of Territories for legislation--I am bound to look to not that, unless the State constitution forbids it, I man to self-government, than this: that the polit- l that principle on which I suppose your institutions the State government may require additional qual- ical powers and political rights of a community to have been originally based, and which I suppose ifications for the exercise of the elective franchise. are vested in the citizens of that community, and to be a cardinal principle in every GovernmentBut I do say it is difficult to establish, consistently not in those owing allegiance to another State. I established on the right of the people to govern with republican institutions, and the principles of hold that to be not a question of policy, as has themselves—a right which human experience has self-government in the people, the right of any || been enunciated upon this floor, bui a question of evidenced can only be beneficially exercised when man to exercise the elective franchise, who is not principle, Mr. President—a question of principle, the training, the habit of self-government, and the a citizen of the State or community in which he not lightly to be abandoned or violated.'
general diffusion of sound morals and education claims the right, and particularly under a Govern- “ Your naturalization law concedes the right of among the mass of the people, has given the cament like ours, where the exclusive jurisdiction expatriation and of self-government, but it recog- pacity for the exercise of the right. Such I beof naturalization is vested in the Congress of the nizes no such pernicious cosmopolitan principle as lieve to be the condition of my country, and such United States. What does self-government mean, man's right to participate in the government of a I trust it will remain, and by no act of mine shall if it does not mean that the people of the country, country until his allegiance has been accepted by that condition be changed or endangered." nation, or Slate, over which the Government exists it; and before it accepts the allegiance of citizenship
“ If that amendment should fail, the quesshall govern by themselves; not be governed by and confers its rights, it requires that the applicant cion recurs; admitting, as I do, the importance of others owing allegiance to another State or nation? | should have lived long enough in the country to this bill, and its propriety in other respecte, am No State in this Union will permit the citizen of have become conversant with its institutions, and 1, according to the opinions which I have heard another State to interfere in iis Government; and sufficiently imbued with their spirit to exercise the uttered by many of my friends around me, to treat yet this bill authorizes any citizen or subject of a rights of a citizen with benefit to himself and the this, which I consider to be a great principle, as a foreign Power, whose allegiance you have not community at large."
question of policy? I cannot do it. I believe it accepted, on a mere declaration that he intends to
The distinguished Senator then speaks of the to be of far deeper importance than they do. I become a citizen, to exercise the highest right of character of institutions suited to the existeuce and think it of at least as great importance as the pasa citizen, the political right of participation in the growth of self-government, and I must be par
sage of the bill. I do not mean to say that it is of Government of the country, though he owes it no doned for reading another extract from this able as much importance as allaying all agitation in allegiance. This is not self-government, but the and truly patriotic speech. He says:
reference to slavery in this country. If the bill government of others; and unless the amendment be adopted, the bill, in effect, confers the right of
“Why was it, when the separation took place reached that result, 1 should pause before I would citizenship without the existence of its duties and between the colonies of this country and Great
say I could not vote for it, even without the amendobligations. Britain, in 1776, that of all the colonies here, ment. But this bill, at most, according to my
views, can do nothing more than repeal an un. “ The honorable Senator from New York (Mr. Canada alone, with an equal population, as re
wise, and, as I think, an unconstitutional law. SEWARD) assumed, in reference to this question, I gards density, with the others, with an antagon, that the right of suffrage is an inherent right in ism of race to Great Britain, which had conquered
At most, it can do but that, and give an indicaman, wherever he may reside. That was his it only a few years before, and between the popu
tion that this Congress, as now constituted, holds language, as I took it down at the time, and I lation of which colony and that of England there
that non-intervention in reference to the question believe I state it correctly. Why, what a monwere, from this antagonism of race, no kindly
of slavery ought to be the rule of the Federal
Government, except in the two cases which have strous doctrine is that! Destitute alike of authority feelings: why was it, that Canada alone, of all the
been specified in the Constitution. It expresses or principle on which it may rest. Its pernicious | colonies of Great Britain on this continent, did not effect is, that it tends to denationalize your coun
that opinion, but it does not establish that princijoin in that revolution? It was because the inhabitry. The moment you admit the right of citizens
tants had been educated under different circum- ple. The establishment of that principle must of another country, or of those who are not citi
stances, under a centralizing power which left no
rest with the people of this Republic. zens of ours, to assume equal political rights with people,
which never trained the people to habits of tinguished Senator from Delaware, (Mr.CLAYTON,
room for habits of self-government among the I beg leave to read from the speech of the disour own citizens, you take a long step in the pro- self defense, or yielded to them any participation which he delivered during the day before the night gress to denationalization. Sir, I am neither a
in the conduct of their own Government." cosmopolite or a socialist. I believe that the ad
when the bill was finally passed by the Senate. vancement of civilization requires that men should
"Every othercolony in the country sternly resisted, || It is a speech of great ability, and I regret that I be arrayed in different nations under different though it might have received no material injury cannot send out the whole of it with my remarks. forms of government. I believe that as firmly as
from the imposition of the tax. It was principally | After stating the circumstances under which the I believe that the advancement of civilization, and levied, in the first instance, on one colony alone, | bill passed this House, and expressing his regret the welfare and happiness of humanity, require and there resistance first took place; but immedi- | that the views of members had not been ascerthe division of nations into families. Strike down ately every other colony, except Canada, united | tained, because of the adroit management by the first and patriotism perishes, with all the ele
in support of the great principle involved in our which a vote on this important question had been vated feelings, and elevating influences connected revolutionary struggle."
avoided, and after further stating that the amendwith love of country. Strike down the last, and The following extract I 60 heartily endorse that ment could not again have a fair trial in the Senyou subvert all the virtues and sweet charities I cannot forego the pleasure of reading it, and send. ate, because two thirds of its conscientious and connected with domestic life, and leave man the || ing it out with my remarks:
unalterable friends feared to trust the bill again in victim of the intense selfishness of his nature. I "The honorable Senator from Virginia [Mr. ll the hands of the Representatives upon this floor, am aware that there are men in this age, and in Mason] has said that he is willing to trust to the he goes on to say: this country, too, some who advocate both doc- || sober sense of the people to provide, after the first “There are grave and weighty considerations trines, the disbandment entirely of all family or- election, against the exercise of the elective fran- | arising out of this proposition. It presents no ganizations, and a far greater number who favor | chise by other than citizens at subsequent elections. ordinary question. I may differ with honorable the doctrines of the cosmopolite. I hold no sym- | Sir, I cannot have that faith; and it is against | gentlemen in regard to the relative importance of pathy with any such doctrines, nor with their experience. I do not see how you can expect, if the repeal of the Missouri compromise and the advocates.
you suffer the institutions of the Territories to be amendment; but, without undertaking to draw "I do not believe that in this world, with the first formed on that principle by your own delega- || comparisons between the two, suffer me to say varying passions of men, and with the infirmities || tion of power to those who are not citizens, with that few questions ever present themselves here
330 CONG....20 Sess.
Nebraska and Kansas, &C.-Mr. Rogers.
Ho. OF REPs.
of more importance for the consideration of a circumstances under which Michigan made her of an alien in one State or Territory, that act is statesman than this very amendment.
application to be admitted into the Union as a unconstitutional because it is not uniform through“ Sir, the Territories to which this amendment | State in 1836, and the positions taken by distin- out the United States. I read again, Congress is to be applied, are not like any other Territories | guished statesmen with regard to it. Michigan “cannot, by a direct law, allow an alien to vote in over which we ever undertook to extend our laws. | had in her constitution a clause, allowing aliens | Virginia, and deny him the right to vote in DelaThey are computed to embrace within their limits to vote, and objection was made to her limits as
If this does follow, as I think it clearly more than five hundred thousand square miles. | defined for herself. It was necessary that her con- does, then I undertake to say that Congress canBoth together form a territory capable of holding slitution should be revised by her convention; not grant exemption from any disability in Ne the population of an immense empire, larger in and Mr. Wright introduced a proposition, allow- | braska, and refuse it in the other Territories, and area than twelve such States as New York. The ing in general terms, "the people" to vote in the in the States of the Union, without violating that principles which Congress shall establish for that election of delegates for that purpose. To that clause in the Constitution of the Union, which Territory in the incipient stages of the governments | proposition, Mr. Porter, of Louisiana, who was declares that Congress shall have power to make there formed, will, probably, nay, almost cer- pronounced "one of the first jurist of the country
uniform 'laws of naturalization. A law remov. tainly, be perpetuated; at least, we may expect at that time,” Mr. Clay, Mr. Calhoun, and other ing all the disabilities of alienage, and thus making they will last for ages to come. Whatever may distinguished statesmen, objected. A debate them citizens in Nebraska, and yet, not extending be the principle adopted now on the subject of the sprung up, in which those distinguished states- that provision to the other Territories and States suffrage of aliens; rely upon it, that same principle men participated, and from which I desire to read, would be, I suppose, by every body, admitted to will govern in the establishment of a constitution before I conclude; but before doing so, I proposebe unconstitutional. Then, is it not a fair and irreboth for Kansas and Nebraska, because, if aliens to state the argument of Mr. Clayton, as to the sistable consequence, that if Congress only remove be allowed to vote under the -erritorial govern- true construction of the Constitution of the United a part of the disabilities of alienage, or if it proments, they will assist in the formation of the States upon this subject of alien suffrage. He first ceed but partially on pro tanlo, to naturalize the constitution, and, of course, will provide for the defines alien and citizen. He said:
aliens in Nebraska without extending the same votes of aliens under the State governments."
“A citizen is not an alien, and an alien is not | privilege to other sections of the United States, it The distinguished Senator then goes on to state a oitizen. A citizen may be defined to be any
is decidedly and clearly unconstitutional." that it is unconstitutional to admit a State into the person residing in any State or Territory of the I desire now to make some short extracts from Union with a clause in her constitution allowing | United States, who enjoys all the rights, privi- the speech of Mr. Calhoun, made in the debate to aliens to vote, and proceeds to prove it; before | leges, and immunities of a man of full age, born
which I have before alluded, on the application of doing so, however, he speaks of the immense im- and resident in those States or Territories. What | Michigan to be admitted into the Union as a State. migration to this country, and urges that as is naturalization ? It is sufficient for my purpose
A motion was made to recommit the bill to a comanother reason which made the amendment one of to define it as that process by which the Congress mittee, on account of objectionable features in it vast importance. He stated that in one day, 1 of the United States removes the disabilities of relating to suffrage and the boundaries of the pro“ within the last week,” twelve thousand four | alienage. Now, what are the disabilities of alien- posed State. Mr. Wright moved to amend by hundred foreign immigrants were landed in the age? In the first place, an alien cannot vote allowing “ the people" to vote for delegates to her city of New York, that within ten days twenty unless the power is specially conferred on him. convention. Mr. Clay moved to amend the amendthousand arrived at that single port, and that in In the next place, an alien is not entitled to, and ment, so as to restrict the right of suffrage to one month, more entered the city of New York cannot demand, protection from the Government.
" male citizens of the United States of twentythan the whole foreign immigration amounted to He is under no obligations to it, and he may one years of age." Mr. CALHOUN sustained Mr. for any one year past. He then goes on: make war upon it, without incurring the penalties Clay's amendment, and among other things "The computation in the statement to which I
of treason. These are all known and acknowl. | said: have referred is, that such is the extent of immi- || edged disabilities of alienage. The disqualifica- " The Constitution confers on Congress the gration, that during the current year, in all the tion of an alien to vote, does not arise merely from authority to pass uniform laws of naturalization. ports of the United States, it will exceed seven an act of Congress, or an act of a State Legisla. This will not be questioned, nor will it be that the hundred and fifty thousand, comprehending, if
ture. It exists as an incident to alienage here effect of naturalization is to remove alienage.” we are to adopt the principle of the bill as it comes and everywhere. It must be removed by com
“ To remove alienage is simply to put from the House of Representatives, some two
petent authority, and by positive enactment, the foreigner in the condition of a native-born, hundred thousand alien voters.” *
before an alien can exercise the right of suffrage. To this extent the act of naturalization goes, and you not see from these facts how important is the | It is inherent in the very nature of alienage that no further." question upon which the Senate is called upon to
it cannot exercise a right by which it may govern “ The next position I assume is no less certain, decide? It is a question upon the decision of others. There can be no just ideas of popular that where Congress has exercised its authority which, the happiness and the prosperity
of count- rights and national sovereignty, or national inde. by passing a uniform law of naturalization, (as it less millions in ages to come may depend. It is a pendence, where the notion prevails that an alien hás) it excludes the right of exercising a similar question, perhaps, upon the decision of which the ought to vote. Give this right to foreigners, as is authority on the part of the State. To suppose very stability and safety of our Union may de- || proposed by this bill, and you surrender all that that the States could pass naturalization acts of pend. It is a question whose bearings and rela- distinguishes him from an American. Nay, you || their own, after Congress had passed a uniform tions are greater and more extensive than I will give these rights to strangers, with whom you law of naturalization, would be to make the proattempt to depict or describe. Every intellectual may be at war to-morrow, while you refuse to vision in the Constitution nugatory. I do not and patriotic citizen may feel them, and understand your own citizens in one State, the right to vote deem it necessary to dwell on this point, as I them, without my dwelling upon them.”
in another. For, by the law of nearly every State understand my colleague as acquiescing in its cor“I ought to remind the Senate in this connection, in this Union, some qualification is required for a that the right to vote is the right to govern, and
voter besides naturalization; and generally, among I propose to take one more extract from Mr. that the utter-fallacy of the boast so often made others, residence for a stated period is an indis
Calhoun's speech, which I think is conclusive, by the friends of this bill, that it confers on our
pensable prerequisite. But, by the provisions of and has direct application to the constitutionality people the right of self-government, is demon- this bill, any alien may vote in these Territories of the Nebraska and Kansas bill, as it passed strated by the very statement of the fact that aliens without previous residence, or paying a cent of Congress. If the position taken by that distinwho will have no interest in the soil, and who
tax to support the Government, which he is to guished statesman is true, the bill as it now is on may have just escaped from the prisons of Europe, control by his vote.
our statute-book, with the clause in it allowing or who do not understand the first principles of
“Now, sir, naturalization being nothing more aliens to vote, is unconstitutional. We have natour Government, will have the power to vote, and or less than the removal of the disabilities of alien
uralization laws. They require five years resiby reason of that, the power to govern American age, Congress can pass a law for that purpose, pro- l dence. Until they are repealed, any other law citizens who may remove to that region. Of all vided it be uniform,' either for the removal of the
making the residence longer or shorter, would be the rights known to a true American, the right to whole of these disabilities in our law, or for the
unconstitutional, and when repealed, any law vote is regarded as the most important to him as removal of any one, two, or three, or any other
which is not uniform throughout the United a freeman. He would forfeit his life rather than || number, in separate bills or laws. That influence
States would be equally unconstitutional. Mr. fail to defend and protect it. This is the true right flows irresistibly from the previous position. Con. | Calhoun said: of self-government in our Republic. Here is the gress, therefore, has the power, under the Constifountain from which our current runs, or bears no tution of the United States, to provide that aliens qualified voters under her incipient constitution,
“If it be meant by the people of Michigan, the life. But if a stranger who has no interest here, I may vote in all the States and Territories, subject || (as stated by the Senator from New York,) then and is utterly incapable of understanding our inin the States to such restrictions as a State may
are we sanctioning the right of aliens to vote. titutions when he first lands on our soil, is to be impose in the exercise of its reserved powers, on
Michigan has attempted to confer this right on allowed to neutralize all the influence of an intel- | all voters. That would be naturalization pro tanto;
that portion of her inhabitants. She has no auligent and true American citizen by killing his that is, to that extent, it would remove the disavote,' as the phrase is, the rights of that citizen (bility of alienage, and it would be constitutional, || tion. I have conclusively shown that a State
thority to confer such right under the Constituare as effectually invaded, as if power was given because it would be uniform."
does not possess it, much less a Territory, which to that foreigner to deprive him of his vote."
The one idea that runs through this speech, and possesses no power, except, such as is conferred Mr. Clayton then puts this question: Whether upon which the constitutional argument against by Congress. Congress has conferred no such the proposition in the bill, to allow aliens to vote in alienage suffrage is based, is, that whenever Con- power on Michigan, nor indeed could confer it, these Territories, which is refused in other Terri- Igress acts, it must act uniformly. It cannot nat- as it has no authority under the Constitution over tories, be not absolutely unconstitutional; and | uralize or create a citizen for one State or Territory the subject, except to pass uniform laws of natought not to be declared void, if the question could and refuse to the same person the rights and priv- || uralization.” be, and were presented to the Supreme Court of ileges of citizenship in another State or Territory. So I think I have clearly stated and fully shown, the United States? He then proceeds to review the ll And if it attempts to remove any of the disabilities from authority of great weight, that the clause in
33p CONG....20 Sess.
Nebraska and Kansas, &c.-Mr. Rogers.
Ho. of Reps.
the Nebraska and Kansas bill allowing foreigners fer such authority. The declaration must embrace constructions have been put upon it, that I feel to vote, is not only against the spirit, but against | in it a grant of power. Congress cannot delegate | called upon to read a portion of it, that it may the letter of the Constitution. Whenever Congress or grant an authority which it has not got, and speak for itself.”
"My friend from acts upon the subject of making citizens out of cannot exercise itself. If the Territorial Legis- Louisiana (Mr. Downs] has remarked that the foreigners, its action must be uniform throughout | latures for Kansas and Nebraska can exclude Senate has already been confounded with a numthe United States, and the United States, unques- or establish slavery within their limits, where did ber of explanations of that letter. Sir, I repeat tionably, embraces the Territories as well as the they get their authority? Unquestionably, from | again, what I said emphatically upon a former States. With regard to suffrage there is but one Congress. Now, what follows from this ? Either || occasion, that, if any man misunderstands that difference between the States and the Territories. the Nebraska and Kansas bill is unconstitutional, letter, the fault is his, not mine.". The States may require some further qualifications or that large and respectable party_and among “Speaking of the rights to establish territorial for the exercise of suffrage besides citizenship--they them a great many of my constituents have been | government, I say: may require a residence for a period of time, pay. wrong in asserting the doctrine that Congress has
***But certain it is that the principle of interference should ing taxes, &c. But the Territories can require no no power to legislate upon the subject of slavery not be carried beyond the necessary implication which such additional qualifications. They can have no in the Territories. And another thing follow's produces it. It should be limited to the creation of proper power over the subject except that which is given too, if the Missouri compromise was unconstitu
governments for new countries acquired or setuled, and to
ihe necessary provision for their eventual admission into to them by Congress; and Congress cannot grant tional, so is the Nebraska and Kansas bill; for the the Union, leaving, in the mean time, to the people iphabthem a power which is not extended to all the only difference between them is this: In the case iting them to regulate their internal concerns in iheir own States, because the Constitution requires the action of the Missouri compromise, Congress exercised
way.' of Congress upon the subject of naturalization to its power directly by its own act, while in the case “ Is there one man on this floor who has now any be uniform throughout the United States. Apart of the Kansas and Nebraska bill, it delegated the doubt as to the true interpretation of this letter? from the question of constitutionality, I might dis- power to act to the people of the Territories through Now, that the excitement of an election has passed cuss this question further as one of policy. Sup- iheir respective Legislatures.
away, and we can all look coolly to things as they pose North Carolina could and were to allow
My view of the subject is this: Whether Con- are, is there any man here, or elsewhere, whocan foreigners to vote; in case of war what would be
gress has the constitutional power to establish or put any other construction upon this letter, than our condition: We might have in our midst per- exclude slavery from the Territories or not, it | that which its words plainly import, that, in the sons exercising the right of suffrage who owed no ought never to exercise such a power, neither ought
mean time,' during the pendency of the terriallegiance to our country, but to the country with it to delegate, or attempt to delegate, such power torial governments, they should be allowed to which we were at war, whose property would be to any subordinate legislative assembly. The manage their own concerns in their own way? liable to confiscation, and who had resting upon Territories belong to all the States of this Union; Does not slavery come within this category?" them none of the obligations of citizens. I will citizens of North Carolina have the same right to This was the doctrine of the Nicholson letter read one extract further from Mr. CLAYTON's migrate to the Territories with their property as as clearly announced in 1850. Was it so underspeech. He said:
the citizens of Maine, and in the absence of legis- | stood in 1848, in North Carolina, or in the South, “Mr. President, there is another clause in the lation, I am well satisfied that the courts for the while General Cass was up for the Presidency? I same section of this bill, which, after the first elec- || Territories, organized under the Constitution, 1 think not. But let us follow up this debate a little tion at which aliens are to vote, allows the local would be bound to protect the citizen from North further. In that debate Mr. WEBSTER stated: Legislature, whose constituents are called here the Carolina in his right to hold his property, whether
" But the whole question in this case, I undersquatter sovereigns, to regulate the qualifications that property be in slaves or not, just as much as
stand to be just this: whether the establishment of all voters at future elections. Thus the power they are bound to protect the citizen from Maine or exclusion of slavery shall be left to the people of naturalizing foreigners in these Territories in in his right to hold his property. The Constitu
in the Territories to decide when they come to the same way, is transferred to a Territorial Legis- tion recognizes property in slaves; the courts can
form a State government. Now, it is agreed on all lature, when all confess that no State Legislature neither create property, nor abolish property; | hands that it is a matter of municipal law. Wo can exercise such a power." they can only determine the rights concerning it,
know that if slavery were introduced into the Tere I might produce additional authority from the under the Constitution and laws that exist.
ritories, the moment the people formed a State speeches and writings of the most distinguished Let the rights of persons in the Territories to government they could abolish it. On the other jurists, statesmen, and patriots of which our coun- hold their property, of what kind soever, be de- l hand, if it were prohibited, the moment they try can boast, to sustain my position against alien pendent, and rest solely upon their rights under formed a State government they could introduce suffrage, including a great many of both political | the Constitution. The people of North Carolina, it, if they saw fit. Nevertheless it is not upon that parties, but it would occupy too much time. in my opinion, are willing to rely upon the pro- ground that I proceed, though I think it is a very
I propose now to consider two other objections tection which is given them by that instrument, proper ground. I conceive that the proper mode to the bill, of less importance, as I conceive, than
whether they remain at home or move to the Ter- of proceeding is to leave this matter to State legisthe first; but still of grave consideration and
ritories. They ask nothing more, and that much lation, after the Territories shall have become being taken in connection with alien suffrage-ofthey have a right to demand. During the progress States." such overwhelming influence as to control my acof the discussion upon the Nebraska and Kansas
I give this extract from Mr. Webster's speech tion in opposing a large majority from my own bill, it was insisted by many Southern gentlemen
to show his view, as I understand it, upon this section of country. I will consider squatter sov
that squatter sovereignty was not recognized in subject of squatter sovereignty. From this extract ereignty. It is difficult to disconnect squatter the bill, and that the question of slavery could not
it appears that he was in favor of true non-intersovereignty, and alien suffrage, of which I have be determined by the people of the Territory until vention. Congress should not legislate upon the spoken at leogth, because the aliens may be a
they formed their constitution, with the view of subject of slavery in the Territories, neither should portion of those who are designated squatter being admitted into the Union as a State. It is it delegate such power to the
Territorial Legislasovereigns, and, I think, the most objectionable portion. I propose, however, to speak of the fact. Mr. Cass, on the night the bill passed, con
ture. It might be properly insisted, that, when
the constitution upon which admission into the principle. A large and respectable party in this gratulated the Senate and the country that the doc
Union was asked, was submitted to Congress, the country has ever contended that Congress has no
trine of his Nicholson letter had triumphed, and
that the so much abused and despised principle; 1 constitution, because the Territory was then about constitutional power to legislate upon the subject
question of slavery should be determined by that of slavery in the Territories. I believe that the styled squatter sovereignty, had been sanctioned
to be invested with sovereignty. But that was most of my constituents once held that opinion. by an American Senate, with unparalleled unan
not the best mode of proceeding, according to his Whether Congress has such constitutional power imity. Can any man who heard the discussions,
view. Let Congress be silent upon the subject of or not, I will not argue. If Congress has not, or read the newspapers in North Carolina, and, in slavery in the Territories; let the Territorial Lethe Nebraska and Kansas bill is clearly unconsti- fact, throughout the whole South, during the can
gislature be silent upon the subject, because it tutional. It is admitted on all hands, chat neither vass of 1848, ever forget with what bitterness this
could only speak what it had been authorized to the people of the Territories, nor their Territorial doctrine was denounced? It was insisted by a
speak through Congress; and let the constituLegislatures, have any political power which is great many of General Cass's friends that no such not derived from Congress. In fact, they have doctrine was contained in this famous letter, and
tion, to be submitted to Congress by the Territory
when she proposes to become a State, be silent no political existence until they are invested with his political friends and enemies denounced the doc
upon the subject. If this could be so, all pretense is by Congress. That political existence, and all trine itself. Yet, strange to say, those who now for sectional agitation would be effectually rethe powers attaching to it, must have their
origin oppose this doctrine, who act consistently with moved from the Halls of Congress, and from the in a grant from Congress, which grant may be in
their former action, who act consistently with the Territories also. Then the rights of persons and language expressly or impliedly giving the power former action of almost the entire South, and I
of property in the Territories would be determined to act. Remember, I am speaking of political, may say a large majority of the whole country, by the courts authorized under the Constitution. and not civil rights.
And, as I understand it, that is the true doctrine of the doctrine itself then was.
of non-intervention. The Territorial Legislature these Territories are left to act as they please while
can legislate upon no subject, unless it be through living under a territorial government, either to
this doctrine was discussed in connection with the the intervention of Congress. And all persons, on establish or prohibit slavery within their territorial
by all limits, the meaning is nothing more nor less, nor
Senator who spoke the sub
who hold that the people Territories can be anything more nor less, than that the ject. Among those distinguished statesmen were
an inherent and inalienable right to suffrage, and people of the Territories are invested with such the best men of both political parties. In that
consequently the power to legislate; which tends, polítical authority, as to enable their Legislatures discussion Mr. Cass said:
as I have shown in a former part of my remarks, to act. That authority may be granted in express “Mr. President, a letter of mine, which seems directly to denationalization. or implied ternig. A mere declaration of the opin- to have become somewhat historical, has been so To understand this matter more thoroughly, ion of Congress, one
way or another, will not con- often referred to in this discussion, and so many and to see the positions assumed by parties and
men in 1850, with regard to the extent of author- “Mr. Clay. I have no particular objection to “Then, again, the Senator states what, during ity which should be given to the people of the that amendment, because, if there be a local law the last presidential canvass, was his position in Territories over the subject of slavery during the abolishing slavery, and there be in the Constitution relation to the doctrine of non-intervention. I am pendency of their territorial existence, I beg leave and laws of the United States authority, given to sorry to hear him state it as he has." io call attention more particularly to the measures carry slaves into the Territory, then those laws Speaking of the amendment offered by Mr. proposed by the compromise committee of thir- and that Constitution abrogate the local law. It Davis, Mr. Douglas uses this language: teen, the amendments proposed to those measures, | is, in fact, a legislative assertion of what would the debate thereon, and the votes as recorded in
“ I am satisfied, sir, it gives no strength to the result without any legislative enactment; for, if | bill; I am satisfied even if it did give strength to it, the Senate Journal. The extracts which I have you were silent upon the subject of legislation that it ought not to be there, because it is a violaread from speeches made by Mr. Webster and either way, in point of fact, the provision in the
tion of principlema violation of that principle upon General Cass are parts of the same debate. Constitution and laws of the United States which
which we have all rested our defense of the course The tenth section of the compromise bill, relating | authorizes the introduction of slaves into the ceded
we have taken upon this question. I do not see to Utah, as reported by the select committee of Territory, would, without any declaration in the
how those of us, who have taken the position thirteen, is as follows:
bill, have the effect which I have stated, of abroga- which we have taken, (that of non-interference,) “ And be it further enacted, That the legislative power ting the local law which forbids it." * *“ Nor do
and have argued in favor of the right of the people of the Territory shall extend to all rightful subjects of legisI see, sir, that by implication, as has been asserted,
to legislate for themselves on this question, can lation, consistent with the Constitution of the United States it may be concluded that this amendment of the support such a provision without abandoning all and the provisions of this act; but no law shall be passed Senator from Mississippi will authorize, under the the arguments which we urged in the presidential interfering with the primary disposal of the soil, nor in
Constitution and laws of the United States, the respect to African slavery," &c. introduction of slavery into the ceded Territory. | forth by the honorable Senator from Michigan in
campaign in the year 1848, and the principles set The twenty-seventh section of the same bill, having reference to the Territory of New Mexico, do not think that there is any such implication. that letter, which is known as the Nicholson is in the same words. I will read a portion of that
I repeat, I think that it is adding nothing more letter.'
than that which would result without the enactpart of the report of the committee submitted to ment of the provision offered by the Senator from
What I read from Mr. Davis's speech a moche Senate by Mr. Clay, which has reference to Mississippi."
ment ago, is what he said in reply to the remarks these sections:
of Mr. Douglas, from which I have just finished " The bill for the establishment of the two Ter
Mr. Davis's amendment was opposed by north- || reading. Again, Mr. Davis said: ritories, it will be observed, omits the Wilmot ern Senators, and, in reply to them, he said:
“ I am glad to have the Senator in a more tangiproviso on the one hand, and, on the other, makes
“ It has very strangely been my fortune, through || ble position than when he resorted to Divine power no provision for the introduction of slavery into
every modification of this amendment—and I have || for authority; he now locates it in Congress; and any part of the new Territories. That proviso
tried to modify it so as to meet the views of those he now establishes the point at which the people has been the fruitful source of distraction and who are willing to give us our constitutional of the Territories begin to assume to exercise these agitation.” * “ It is high time that the
rights—it has very strangely been my fortune, I powers of legislation to be when they receive the wounds which it has inflicted should be healed
say, when claiming that the territorial legislation power from Congress. Then the question comes up and closed; and that, to avoid in all future
shall not be restricted from giving to slave prop- back at once, what is the authority of Congress? time the agitations which must be produced by erty the protection it is allowed to give to other
Over what subjects can we legislate or confer authe conflict of opinion on the slavery question, property, to be constantly regarded as though thority on the people of the Territories to legislate? existing, as this institution does, in some of the sought from Congress a declaration of what our
If Congress have power to decide what shall be States, and prohibited, as it is, in others, the true rights are. I have not sought it; I would not take property, to lay down the bounds and limits within principle which ought to regulate the action of it. I never yet have consented, and never will, to
which a certain species of property shall be held, Congress in forming territorial governments for allow Congress to measure the constitutional rights beyond which it shall never pans, then, perhaps, each newly acquired domain is,
to refrain from all
of the South. Why, sir, it would border upon || it can confer the authority on the people of the legislation on the subject in the Territory acquired fatuity, if one representing the minority of this Territory which is claimed, not otherwise." 80 long as it retains the territorial form of governUnion should come forward to ask the exercise of
At this point, I desire to make one suggestion, ment, leaving it to the people of such Territory, such an authority here."
although it would properly come in later in my when they have attained to a condition which At this point I desire to say one thing. In the remarks. It has been said, time and again, and by entitles them to admission as a State, to decide for | bill for Kansas and Nebraska, Congress did not those who hold the same construction of the Conthemselves the question of the allowance or pro- declare what the constitutional rights of the South stitution upon this subject as Mr. Davis, that the hibition of domestic slavery. The committee should be in those Territories; but it assumed the Nebraska and Kansas bill should have been voled believe that they express the anxious desire of an power to do so, and, by virtue of that power, del. || for, if for no other reason, because it repealed the immense majority of the people of the United egated to the Territorial Legislature the authority Missouri restriction, which was unconstitutional. States, when they declare that it is high time that to declare what they shall be, within their limits, Now, if his positions are true, that Congress has good feeling, harmony, and fraternal sentiments for all time to come. If Congress has not the no power to establish or exclude slavery from the should be again revived, and that the Government power to say what our constitutional rights are in Territories, nor any power to authorize the Tershould be able once more to proceed in its great ihe Territories, unquestionably it has not power to operations to promote the happiness and pros- authorize the l'erritorial Legislature or the people they shall be invested with sovereignty as a State,
ritorial Legislature to legislate to that extent until perily of the country undisturbed by this dis- of the Territories, to do so. Mr. Davis further is it not clear that the Nebraska and Kansas bill tracting cause." said:
is unconstitutional also ? for no one claims that the I propose now to read some amendments which “A word now to the Senator from Illinois, (Mr. | Territories by that bill are invested with soverwere proposed and discussed, which will show Douglas) It is to his argument that I address eignty as a State. During their territorial existclearly the position taken by the South, in 1850, | myself. The difference between the Senator and ence they can exercise only such powers as Conupon this important question; and which shows myself consists in who are a people. The Sena- gress could exercise during the same condition of that, whether I was right or wrong in voting tor says that the inhabitants of a Territory have things upon matters involving the constitutional against this Nebraska and Kansas bill, incumbered a right to decide what their institutions shall be. rights of the people of all the States, who own as it was with squatter sovereignty and alien suf- When? By what authority? How many of them? | jointly these Territories. It is said that the Misfrage, my position was sustained in 1850 by every Does the Senator tell me, as he said once before, || souri compromise was unconstitutional, because it southern Senator in Congress but one, both in the from the authority of God? Then one man goes i prohibited slavery north of 360 30', in that Condebales which took place then, and in the votes into a Territory and establishes the fundamental gress had no power to impose such a restriction, which were recorded io evidence their conclusions. law for all time to come. It would then be, unques- or to legislate upon the subject of slavery at all in I will first read the amendment offered by Mr. tionably, the unanimous opinion of what that law the Territories, either to establish it or to exclude Pratt, as modified and adopted by Mr. Davis, I should be; and are the citizens of the United States, || it. If Congress has not the power to impose such the present Secretary of War, to the sections of joint owners of that Territory, to be excluded a restriction, unquestionably it has no power to the compromise bill which I have before read: because one man chooses to exclude all others who delegate such authority to the people of the Terri
“ Strike out the words in respect to,' and insert 'to might come there? That is the doctrine, carried tory as to enable them to impose such a restriction. introduce or exclude,' and after the word ''slavery,'to insert out to its full extent. I claim that a people having I know it is said that Congress has not delegated the following proviso:
sovereignty over a Territory have power to decide such authority, but it has been silent upon the “ Provided, That nothing herein contained shall be construed to prevent said Territorial Legislature passing such
what their institutions shall be. That is the Dem- subject, and left the people of the Territory to laws as may be necessary for the protection of the rights of ocratic doctrine, as I have always understood it; | manage their own concerns in their own way. property of any kind which may have been, or may be here- || and, under our Constitution, the inhabitants of the That explanation will not do. _It never has been arter, conformably to the Constitution and laws of the Uni
Territories acquire that right whenever the United insisted by any body that the Territorial Legislated States, held in, or introduced into, said Territory."
States surrender the sovereignty to them by con- tures or the people of the Territories derived any Upon this amendment, Mr. Clay said: senting that they shall become States of the Union, | power from but two sources-from Divine an
“Mr. President, the amendment proposed by and they have no such right before. The differ- | thority, and from Congress. No one that I know the Senator from Mississippi is, that the restrain- ence, then, between the Senator from Illinois and now claims that they derive any from the former, ing clause upon the power of the Legislature shall | myself is, the point at which the people do pos- and if they do the preceding part of my remarks, not be so exercised as to prohibit the protection sess and may assert this right. It is not the inhab- | I think, shows how utterly untenable such a docnecessary to any property in the Territory, ac- itants of the Territory, but the people as a polit- | trine is; and, as to the latter, if Congress does not cording to the Constitution and laws of the United ical body, the people organized, who have the grant the power, expressly or impliedly, it cannot States. I believe I state substantially the effect of right; and, on becoming a State, by the authority | be exercised. It matters not what the language is, the amendment, although I am not prepared to of the United States, exercising sovereignty over unless it comprehends a grant of power none can give the words.
the Territory, they may establish a fundamental || be exercised. In my opinion, without arguing "Mr. Davis, of Mississippi. Yes, that is it. law for all time to come.
the constitutional question at all, the true doctrine