Evansville Journal, Volume 17, Evansville, Vanderburgh County, 13 August 1866 — Page 2

THE EVANSVILLE DAILY JOURNAL, MONDAY, AUGUST 13. 1866. I I

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You oil know that no Stato in the Union cm convert a person, born in a foreign country, into a citizen of the

United btates. I his power is exclu J;'ves to Congress the power to pass aws providing for a uniform rule or system of naturalization. You tlsp know, that by the laws of Congre-- a person born in a foreign country and earning to this after he has arrived at the age of twenty-one years, cannot be naturalized cannot be admitted to the rights of American citizenship xintil he has resided five years in the United States. You also know, that by the Constitution of the State of Indiana, in all lections by the people, every white male person of foreign birth, of the age or twenty-one years and upwards, who shall have resided in the United States one year, and who shall have resided in this State during the six months immediately preceding the election, and shall have declared ,t intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote, &c. Here, then, you see by the express terms of the Constitution of this State, a man may vote who is not a citizen of the United States, and who cannot become such a citizen for four years. But I appeal not only to the Constistitution of the State on this subject, . bat toyour own experience. You know as a matter of observation and experience, that at every election in this State, men who arc not citizens, but who have only declared their intention to become such, do vote, and it iu notoriously true that at every warmly contested election, hundreds of voters are made on the very morning of the election by men of foreign birth, who have the proper qualification as to residence, declaring their intention to become citizens. Thus have I proved one of my propositions, namely, that the right to vote is not an element or an ingredient of American citizenship, by showing that those not citizens are entitled to vote. How is it as to holding real estate? Is citizenship teeessary to the enjoyment of the right to hold real estate? I answer, it is not. By the statute law of Indiana, any person of foreign birth who is a bona fide resident of the United States, is as competent to take, hold and transmit real estate situated in this State as is the President of the United States or any other citizen of the United States. Thus have I proved by evidence, which even McDonald and Coffroth would not attempt to controvert, that thousands of persons in Indiana may, and do, both vote and hold real estate who are not citizens. What, then, becomes of the definition which says that " a citizen of the United States is one who has the right to vote and hold real estate," if those who are not citizens may do both? The next proposition which I am to prove is that there are many citizens who have no right to vote. To prove this, I have only to point to my fair countrywomen now before me. Are you not, every one of you, American citizens just as much as the late Attorney General or the ambitious young gentleman who is anxious to succeed to that position, and who shows his fitness for it by ignoring Marshall, Story and Kent, and appealing to Webster's Dictionary on a question of constitutionak law? it, ladies, you who were born on the soil of the United States are not citizens of the United States, in the name of the Constitution of our country I pray you to inform me of what country you are citizens? Or do these patriarchs of the Church of the New Dispensation hold that American Women are without a country? But knowing those men, knowing that whilst they may not flatly deny the citizenship of American born women, they will not admit it, but that they will equivocate and say that they enjoy a sort of partial citizenship, (which no man can define or understand.) I do not intend to rest the argument here. Men who propound such definitions as the one I am considering would not be convinced though an angel spoke. To sevre their party purposes they are willing to decitizenize their wives sisters, daughters and mothers. The most eogent arguments in the mouth of the most beautiful woman would make no impression on such, unless these arguments could be reduced to the consistency of a broom-handle and applied, as ladies are said to know how to make the application when the vindication of their rights may demand it. But I told you I would not rest the argument here, by pointing to my American-born countrywomen, and saying, "Here, Mr. Attorney General McDonald, are full-grown native-born American eitizens who have not, and never had, the right to vote." The power of Congress over the subject of tmturalization is, as I have shown, full hmd plenary, the only qualification bemR that the rule shall be uniform. ' The Acts of Congresa provide that "any alien, being a frm white person, may be admitted to bocoru a citizen of the United States" by complying with the conditions prescribed byiir Now, this provision is not confined to male foreigners or to female foreigners, but embraces both alike; and under it thousands of foreign-born women have been made citizens of the United States not half citizens, not quasi citizens, not partial citizens, not citizens after a fashion, but, in the language of the Act of Congress, citizens of the United States. Now, I ask the Attorney General that was, as well as the one that

sively vested in the deneral (iovernment, oy that provision of the Constitution of the United" Sbitf wTiir-li

woull but never will be Attorney General, whether foreign-born women, naturalized under these Acts of Congress, are or are not American citizens? If they say they ar not, I reply that it is a great pity that tr o Acts of Congress are so egregious!. mistaken, for these Acts are just stupid enough to say in so many words that these women are citizens. If they answer that these women are citizens, then I ask the further question, have they the right to" vote in Iudiana or any other State? But again, the Act of Congress of 1802 provides, " That the children of persons duly naturalized under the laws of the United States being under the age of twenty-one years at the time of their parents being so naturalized, shall, if dwelling in the United States, be considered as citizens of the United States." Now, as the lawyers sometimes say, I wish to put a case: I have an estimable neighbor, a German lady, who came to Indiana with her father when a mere child twenty-five years ago, and she has ever since lived in the State. Twenty years ago her father was duly naturalized by a competent Court. If Joseph, the Patriarch of the Church of the new dispensation, says this woman is not a citizen of the United States, then all I have to say is that either he or the act of Congress I have just quoted is mistaken, if, on the other hand, he admits that this woman is by express declaration of an aet of Congress a citizen of the United States, then I am commissioned by her to solicit Joseph's legal opinion as to whether it will be competent for her to vote the Union ticket at the

October election. But I must not in this discussion neglect to pay my respects to the " tall Sycamore of the Wabash." Voorhees has also been on a defining expedition, and while he, too, deduces the right of negroes to vote under the Eroposed Constitutional Amendment, e does not agree with theMcDonaldLottroth definition, but propounds one of his own. His definition is as follows, viz. : " A citizen is one who has the right to vote, and hold office, and sit on juries." By this, you see that Voorhees leaves out of McDonald's definition the right to hold real estate, and inserts in lieu thereof, " the right to hold office and to sit on juries." The right to hold office is one which a Copperhead politician could not be expected to overlook, but I never heard of their being very tenacious of the right to sit on juries. Is not. fellow-citizens, the right to sit on juries a precious right to incorporate into the definition of American citizenship? If the author of this definition will allow it, I will move to add to the definition two more rights of which we are all reminded every year; I mean the right to pay a poll-tax and the right to work the roads. The definition would then read as follows, viz. : " A citizen is one who has a right to vote, a right to hold office, a right to sit on juries, a right to nay a poll-tax, and a right to work the roads. The McDonald definition, as I have shown, decitizenizes all the female citizens of our country, but the Voorhees definition not only does this, but it actually decitizenizes Voorhees himself. He, you know, is a practicing ! lawyer, and by the very tact that he is a practicing lawyer, he is incompetent as a juror in the Federal Courts by express rule of Court, and in the State Courts by immemorial usage which has ripened into law. I had supposed that what Voorhees ealls the nght to sit on juries was not a right or privilege at all, but that it was in its very nature a liability or burthen to which, like the liability to be drafted for military duty. Jnme citizens are subject. The exemption from liability to serve on Junes like exemption from taxation, is an immunity, whilst the liability to serve, like the liability to be taxed or to perform military duty, is a burden, and yet this profound lawyer with his long Congressional experience, mixes- up burthens and immunities in the same delightful confusion in which loyal men, copperheads and rebels are proposed to be mixed up in the Philadelphia Convention, and with about the same regard to truth and decency. The truth is, as these men well know, that the right to vote, to hold office, and the liability to act as jurors, are not privileges or immunities necessarily pertaining or belonging to American citizenship. The right to vote and the liability to perform jury duty have already been considered. It remains to consider one other item in the Voorhees definition, namely, the right to hold office, or rather eligibility to official position. I will not detain you by proving as I might do, did time permit, that many instances have occurred in our history in which men have held high official positions in the civil as well as in the military service of the Government, who not only were not, but made no pretence to being citizens of the United States; men, who, during all the time they held those positions, claimed to be citizens of the countries in which they were born, and to owe allegiance to their Governments. The rule of Constitutional law, on this subject, is that the people may elect v one of their own number to any .m. unless there is some Constitutional legal enactment rendering fhTre is "nh tnere is no Sl0ie exception to this rule but J a, atPmch the general rule. As J offi citizenship and a prior tt Qf dence in the State is requirea t " Constitution. For instance, to be ,1 j gible to the office of Governor, thiL candidate must have been five years a

citizen of the United States, and five years a resident of the State, and

must have attained the age of thirty years. To be a member ot the Legis lature, a person must be a citizen of the United States, and must have been an inhabitant of the State for two years, and to occupy a seat in the Lower House, he must be twenty-one years of age, and in the senate twen ty-nve. in all these you will see that citizenship alone does not render a man eligible to the omces named, but citizenship connected with age and residence. Hence the conclusion is inevitable, that 'the right to hold office is not an ingredient or element of citizenship. Hut I do not stop here, 1 athrm that tor several of the most important State offices, citizenship is not made by the Constitution a test of eligibility. The Constitution says " that there hall be elected by the voters of the fetate a secretary, Auditor and Treasurer of State who shall severally hold their offices for two years; and no person shall be eligible to either of said offices more than four years in any period of six years." As to these four important offices citizenship is not a qualification, and I wish to know how a voter in this State, who is not a citizen, receiving the highest V , n ' i rt.i nuniDer or votes ior eitner or these offices could be kept out of the office. This, however, is not all. I affirm that by the express terms of the Constitution, persons who are not citizens are made eligible to a majority of the most important offices in the State. The offices of Clerk, Auditor, Recorder, Treasurer, Sheriff, Coroner and Surveyor are created for each county by the Constitution, and atl that the Constitution requires to render a person eligible to either of these effices, is that he should be a voter of the county and should have resided therein one year before his election or appointment. As already shown, a person may be a voter without being a citizen, and therefore a person not a citizen may hold either of these important county offices. Besides, this, there are hundreds of thousands of pen oris who are citizens of the United States and residents of this State, who are not eligible to any office because of their sex, or because of their not having attained the required age. If, then, as I have demonstrated, persons may hold offices without being citizens, and if, on the other hand, persons may be citizens and yet be disqualified from holding any office, what becomes of the Voorhees definition, which makes the right to hold office one of the ingredients of American citizenship? Does not this definition manifestly follow that of McDonald to the tomb of the Copperheads? Again, all the women and children born in the United States are citizens of the United States, and, if these men are to be believed, because the are citizens they would be entitled to vote if this amendment should bo adopted. I respectfully ask these Knights of the Dictionary whether this does not prove a little too much? North Carolina and Tennessee, in former fears, permitted free negroes to vote, ask these learned lawyers and candid politicians whether these free negroes, when they were entitled to vote in these States, were citizens? If they say they were not, I ask them how then can the right to vote be an element in the definition of a citizen? If they 8-y they were citizens as long as they had the right to vote, I ask did they cease to be citizens when their right to vote was taken from them by amendments to the Constitutions of North Carolina and Tennessee? If the answer is that they did cease to have the right to vote then, allow me to ask when, how and where did any single State obtain the power to unmake a citizen of the United States? And if a State can unmake a citizen of the United States what is to prevent any State from uudoing all that Congress has done in providing for the naturalization of foreigners. According to this doctrine a man may to-day be made a citizen of the United States and to-morrow this very citizenship may be taken from him by the State in which he happens to live. I have now raked and bound up this swath of definitions which these Democratic cradlers have spread before the people; and iu doing so I submit that I have shown that the article cradled was not honest wheat, but the meanest kind of cheat. In concluding the subject, I appeal from the definitions of McDonald, Coffroth, and Voorhees to the definition of Chancellor Kent, who was nearly as good a lawyer as either of them, and quite as good a lawyer as Xoah Webster. Kent defines a citizen of the United States to be "a free inhabitant born within the United States, or naturalized under the laws of Congress." Thank God! since the adoption of the anti-slavery amendment, we have no inhabitants born in the United States or elsewhere who are not free. Citizenship is a thing so plain that no man need misunderstand it. It is the birthright of every child born in the United States or in any other civilized country, and is conferred on others born abroad by naturalization. Citizenship is not divisible. It exists complete and entire, or it does not exist at all. Ihere are no such things as higher and lower degrees of citizenship; no such thing as rank or grade in citizenship. The foundling of yesterday, left by his unnatural parent at your doorstep, may never know who gave him birth, but he may know, beyond peradventure, that this is his country, and that he is just as much an American citizen as the Chief Magistrate of the nation. American citizenship does not confer, carry with it. the exercises of po

litical power, such as the right to vote or to hold office, but it does entitle the citizen to be protected in the enjoyment of his natural rights, which are defined by Blackstone to be the right of personal security, the right of personal liberty and the right of private property, and by our own Declaration of Independence, to be the right of life, liberty and the pursuit of happiness. And it is just because the rebels in the South and their allies in the North, destroy these natural and absolute rights of men by State legislation that this amendment has become a necessity. Any man who can understand what it is to be a member of a family, need have no difficulty in comprehending what it is to be an American citizen. If the person in the one case is born in the family or adopted into it by those having the right to make the adoption, he need have no t hesitancy in claiming membership in that family. So if a person is born in the national family or adopted into it by naturalization, he need not hesitate to say, " I am a member of the

national family. I am an American citizen." But the mere fact of membership in the family does not decide whether the person enjoying it is to fovern or bo governed in the family, 'he infant, in the cradle, and the father, at the head of the household, are both and equally members of the family. The one governs the household, the other is the subject of care, protection, and government. A child or servant may eat at the second table, but does not thereby cease to be a member of the family. So, also, in the great national family; we are all equally members of it, and however humble, or however exalted, are equally entitled to be protected in our homes, in our persons, in our lives, in our liberties, and in our properties. But this right of protection carries with it no right to exercise political power, either by voting or by holding office. If we are in search of political rights, we must fake them just as we find :hem in the Constitution and the -aws of the State and Nation, and if dissatisfied with these, we may seek their amendment in the regularly appoint ed way. CARPETS. Just What is Needed. WAREHOUSE AND House Famishing Establishing Wm. JE. French fc Co. HEADQUARTERS OF SUJPPUJB8 FOB Families, Steamboat & Hotels. s m VELVET CARPETS, THREE-PLY CARPETH, TWO-PLY CARPETS, INGRAIN CARPETS, VENETIAN CARPETS, COTTAGE CARPETS, LISTING CARPETS, RAG CARPETS, HEMP CARPETS, WOOL DRUGGETS, CHINESE MATTING, MANILLA MATTING. COCOA MATTING, VELVET RUGS, BRUSSELS RUGS, OIL CLOTH RUGS, VELVET MATTS. RUBBER MATTS, COCOA MATTS, ADELAID MATTS, WINDOW SHADES SHADE FIXTURES, SILK DAMASK, WOOL DAMASK, WINDOW HOLLANDS, LACE CURTAINS. GILT CORNICES, PICTURE TASSELS, CURTAIN HOOKS, a n ft t 2 ft t. a I r e - 3 CP m, 5 s 5 o m S STAIR LINEN AND OIL CLOTH. SILVER-PLATED STAIR RODS, PAPIER MACHE STAIR RODS, PCLI8HED BRASS STAIR BODS, TABLE LINENS AND NAPKINS, LINEN AND COTTON SHEETINGS, LINEN AND COTTON PILLOW CASING, RUBBER SHEETING (Water Proof,) WOOL and RUBBER PIANO COVERS, VELVET and BRUSSELS FOOT STOOLS, TABLE OIL CLOTHS, 4c, Ac Experienced Paper Hangers and Upholsters will be furnished when required. Carpets cut and made to order. Oil Cloths fitted and put down. Cornices mounted and put up. Window Shades hung. Window Valences, of elegant styles and new designs, made p and furnished on short notics. All work warranted. Prices guaranteed as low as in any similar establishment in the L nited States. Give us a call. WM. E. FRENCH & CO., No. 1 First Street, UP-STAIRS.

DRY GOODS.

SCUAPKER, BUSSING & CO.'S COLUMN. OO. DEALERS Dry Goods, MILLINERY Fancy Goods, 47 & 49 Main Street. EVANSVILLE, IND. may21 u OCTOBER ELECTION. Union State Ticket For Secretary of State, NELSON TRU8LER. of Fayette. For Auditor of State, THOMAS B. MCCARTY, of Wabnsh. For Treasurer of State, GEN. NATHAN KIMBALL, of Martin. For Attorney General, DELANA E. WILLIAMSON, of Putnam. For Superintendent of Public Instruction, " ---'"'I of Marion. Union Congressional Candidates. Ut IHst. GEN. WILLIAM HARROW. 2d Disl. GEN. WALTER Q. GRESHAM. 3d IHtL GEN. MORTON C. HUNTER. UhDM. COL. IRA C. G ROVER 5th Dtt. GEORGE W. JULIAN. A Dist. GEN. JOHN COBURN. 7i Dial. GEN. HENRY C. WASHBURN. 9th Dist. HON. SCHUYLER COLFAX. Connty Ticket For Senator, THOMAS C. JAQUESS, of Posey. For Joint Jteprrsr-ntative. JOHN S HOPKINS, of Vanderburgh. For Representative. E M I L BISC'HOF. For Treasurer, COL. JOHN RHEINLANDER. For Commissioner. PHILIP DECKER. For Coroner, SAMUEL P. HAMLIN. BOOTS AND SHOES. Cratch Ac Lozier KEEP EVERYTHING IN THEIR line. If you want BOOTS, GAITERS, SHOES, BUSKINS, OR SLIPPERS, Go to Gatch A Lozler. You'll be suited in price and style. B9 Call every day. .c P. 8. Come Saturday's too. !V7 Main Street, Evansvllle, Indiana. GATCH 4 LOZIER. FLORENCE SEWING MACHINES On hand and for sale, at Gatch & Lozibb's. This Machine makes FOUR DIFFERENT STITCHES. Each stitch being alike on both sides of the fabric. At GATCH A LOZiER'S lm 37 Main Street, Evansvllle, Ind.

LAW CARDS.

J. H. GARDNER, Attorncy-at-IiUW. Office with James T. Walker, Justice or the Peace, in Bierbower's new building, Third street, nearly opposite Washington House. All business entrusted to him will be promptly and carefully attended to. Particular attention given to collections, and prompt returns made. Refer to Messrs. Miller, Gardner dt Co., No. 4 First street. Messrs. Ragon 4 Dickey, Nos. 3 and 4 South Water street. Messrs. Roach 4 Torian, No. 14 First street. Messrs. Cloud A Akin, No. h Main street. Messrs. Head 4 Mentfee, No. IS Main street. Messrs. Miner & Dallam, No. 18 North First street. Can also refer, If necessary, to a number of eminent practitioners in Kentucky, maylutf Conrad Baker. C. H. Butterfield. Baker A BnUerfleld, ATT ft N E YS.AT-L A W W I iA. GIVE prompt attention to all business Intrusted to their care. OFFICE Third Street, between Main and Locust. EVANSVILLE, IND. julySdSm. JAMES T. WALKER, JUSTICE OF THE PEACE AND AGENT FOR OBTAINING PENSIONS, BACK PAY AND BOUNTIES FOR DISCHARGED SOLDIERS, AND for the Widows and other Legal Representatives of those who die In the service of the United States. Office on the Norttiwest side of Third street, near the Washington House, and nearly opposite the Court House, Kvans ville Ind. All business entrusted to him will be promptly attended to. janlH-ly. WMF. It F A VIS, XT. S. Claim .Vii-.'tit. Also, REAL ESTATE and COLLECTING AGENT. uiniu nvii;v unou savt auu Fourth, No. 8Tj (over Keller's Gun Store), Evausville, Ind. sepl9'65 ALTAH JOHSO. Attorney.ai-Law, NOTARY-PUBLIC, and REAL ESTATK AGENT. Soldiers' and all other claims nrocured. Office Evansvllle, Ind. apU5dtf M. SHACKELFORD ..R K. HORNBKOOK Klinokolford 4k Htrnbrook, ATTORNEYS AT LAW AND REAL ES TATE AGENTS, Office on Third Street, between Loetwt and Main, west side. m Prompt attention Kiven to Coi tac tions. antSltf I DENTISTS. DRS. HAAS & COOKE, Surgeon Dentist. Rooms over First National Bank, Corner Main and First Streets, Evausville, Ind. REELING DULY THANKFUL FOR JE the very liberal patronage received during the past seven years, and being permanent residents of the city, desire all persons (whether thev need their profes sional services or not) to visit their rooms ana see tne various styles of work manuiaciurea. Improvements and Inventions are beinir made, and everything that will subserve the Interests of their patients is secured by them. Their establishment and facilities are equal to any in the Eastern cities. They have several Anesthetics for alleviating pain when extracting teeth. Cheeks t hat are sunken can be restored to nearly their original contour. All desirable styles of ARTIFICIAL TEETH made anvwhere in the United States are made by us. Irregularities ol Children's Teeth successfully corrected. Those having Decayed Teeth should either have them extracted or filled (the latter If possible). The health of the parties and the remaining teth demand it. Neuralgic Affections treated; also Cieft Palate. aorl NEW PERFUME FOR THE HANDKERCHIEF. 1 1 . A ft 0 H ' S J A Most KxqnUUe, I liente and Frirul Perfume, Distilled from the Rare and Beantifal fr' lower from which it tnkea its name. Manufactured only by PH t I.o.-V St SO. Beware of Counterfeits. Ask for Wmtnn'a Tnk tut other. Sold by druggist generally IMPORTANT To Soldiers, Sailors, Marines, and uommisaioned Officers, who Served in the late War. IOMWISHIONBD OFFICERS, ENmieu 10 inree mourns extra PAX S roper, and Soldiers entitled to the adItlonal BOUNTY under the late act will consult their Interests by calline' on WALKER 4 GARDNER it their offic orth Third Street. Mr. Jnrrtnur . wJLl' ?VE2?r UL in procuring ,y?i? CLAIMS, and in UCCES8FULLY all other an Kinas oi sui. prosecutinit SU claims against tne uovernment. Officers, Soldieis, Sailors, Marines, Ac. may rely on having their papers correctly made out .x. , t",'ul" "uccessiuiiy prosecuted, with the least possible delay Necessary- FORMS. BLANKS, INSTRUCTIONS on hand. PAPERS FROM THIS OFFICE DO NOT MEET 'THK DELAYS at the Departments, so generally complained of. WALKER 4 GARDNER, Conveyancers, U. S. Claim, Real Estate, and General Collecting Agents. Aug3-dtf.

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