Indianapolis Daily Herald, Indianapolis, Marion County, 1 September 1866 — Page 2

DAILY BERAU?.

HALL * NUTCHHWR, M»rtllTM9>

' orm-wt* Mtm*. '

i • If satl w«0fe<«f

SATTRDAt M01WIR#, AKPTEMBKR 1.

f Cfwy—<•■«*« Ho not too oan b* takon of »nonyni<mi eommnnlrnttoM. WkatoTM 1 k InMAftad for IwtortV* is»t be aofbnttonM by the nemo M<1 ad.Iren of the wrlter-not neeeMnrtly tor pnblicatlon, but aa a guaranty for hi* good faith. We ean not nndertake to retnrn rejected commu* nleatlenr.

Democratle Mat* Ticket. sitcRirrAkT or statu, Gen. MAH LON D. MAN80N, of Montgomery. auditor or artatt, CHRISTIAN G. BADGKR, of Clark. trrascrkr Of art at*, ■IAMBS B. RYAN, of Marlon. attornky OCRRRAL, JOHN B. COFFROTH, of Hnntmgtoh. eiH-RHIIfTRHDRirr 0» MJRI.IO OWTRCCTIOR, ROBERT M. CHAPMAN, of Knox. H anal nee* far Cangrea*. The following gentlemen bare been nominated by the democracy of their respective district*, an candidates for congresa: First District—Hon. WM. E. NIBLACK. SitcoRD District—MICHAf-LC. KERR. Third District—Hon. HENRY W. HARRINGTON. Fourth District—Hon. WILLIAM 9. HOLMAN. sixth District.—Cait. JOHN M. LORD. skvrhth District—Hon.90f.OMON CLAYPOOL. Ninth Disthict.-IIon. DAVID TCRI’IE. Tknth District.—Hon. ROBERT LOW-

BY.

Ei.rvntii District.—Dn. B. B. SNOW. Announcements for Public. Speaking will l>e found on the Third Paor. —• <Pk — - We respectfully crave the Indulgence of our advertising patrons for leaving out some advertGmonts this morning. The lime will In fully made up to them. Reception at the Preelkent. The Democ ratic State Central Committee, on yesterday, appointed the following gentlemen as a committee to /ecclva President JOHNS'in and .nite on tlidr visit to the capital of the State: First District, Richard Raurioh; Second, Jamfs A. Cray mis; Third, WO.I.Iam McEwen; Fourth, Gkorgk Brrry; Fifth, Adam Woi.rn; Sixth Lewis Jordan, II. F. Barnes, Randolph Uoacre; Seventh, Austin M. Purtt; Eighth. Isaac C. Elston; Ninth, John Brownfield; Tenth, Pliny Hoaoi.and, and Eleventh, James W. Sanaberry. This committee will co-operate with the reception committee appointed by the Johnson State Central Committee a few days ago. The time the President will roach Indianapolis wllllie announced on Tuesday next, and arrangements will be rondo to have the reception worthy the distinguished guests and the hospitality of Indiana. The ApppMchlfifT EleellPw. We do not suppose that It Is necessary to apologize to our numerous readers for again recurring to this subject. The Issues now before the people are so momentous—nothing more nor less than an effort to change our long established form of government. As we demonstrated In ofir Issue of the day before yesterday a dissatisfaction with that form of government was exhibited as long ago as In the convention which created the Constitution of the United SUtes. The party which eatbrUlned that dissatisfaction were never firmly seated In power until this war woe brought about by their dcvelisb devices, Inventions and provocations. They have taken advantage of the turbulence of the time, and the fixed attention of tho people upon the effort to preaerve the union of tho States, to fasten upon the country such a system of finance and revenue as drain* the wealth of other portions ol the country and pours It Into the lap of New England, and compels those other portions of the people to pay all the taxes and contribute all the means to the support of the Government. Now, notwltlrstantng the opposition to the rtry fundamental principles of the Government which this party boa thus manifested, at various times and In divers forms, for seventyfive years, we are asked to eontlnne them In power apd reject the services of the Democracy, because forsooth, we could not and would not agree with all the usurpations and unjust acts of the radicals for the last five year*. Iftok at it for a moment. When the Southern States passed their ordinances of secession the Democrats of tho North denounced such acts, because, as a party, they denied the right of secession, and were unwilling to see the Union broken up. When the Senators and members of Congress abandoned the halls of Congress they recetved the bitter denunciation of the Northern Democrats, ttocause they violated tho Constitution and aided radicals In destroying the Government. The inauguration of President Lincoln was followed by six week* of doubt, uncertainty, tand painful anxiety. No one could tell what the administration Intended to do. Southern commissioners were dallied with and retained in Washington. On the 3iUh of March, ISM, (see OongrettUmal Globe,) Mr. Douglas, in commenting upon the apparently peaceful purposes of the Republicans, said: That Is s very good poller—a much wiser and better policy than I nod expected or hoped for from a Republican Administration. I do not know that I should have made as great effort* to defeat them If I bad tbotmbt they would have acted with os much wisdom and patriotism. Mr. Clark—Yon did not defeat them. Mr. Dotiglas—No; nor would I have made as great efforts to defeat them. Mr. Clark—You did us no harm. (Laugh-

ter.)

Mr. Douglas—If I did not defeat yon It was not ray fault. I used my best efforts to de It. Mr. Clark—You could not quite come It. Mr. Douglas—1 could not quite come It and you see the consequences. Seven States are out of the Union, civil war Is Impending over

# accepted fattb, confidently believing that be adhered to tmA carried food faith. Upon the odopttoh rf tlon, all partisan dlfftWMS and

eeaaed,

vled'wUh each other setowho should first voluntarily enter the oMUIary service at the Government. There wan no Meeestty then for drafts, provosl marshals and government spies. Ail thenwhemd airthemewy demanded by the GoTcrmueBt were promptly, cheerfully and roiunUrtiy fort!she*, 'trts united and harmonious condition of things continued until President Lincoln was prevailed upon by the radicals, and changed the object* and. purpoece of the wm, by issuing, In September, 1872, bis proclamation of emancipation. Thti was opposed, not only by the Democrat#, hut by all conservative men, because 1ft woe regarded as an act of bod faith and fraud to the fifty thousand Southern soldier* then in our army, and to the brave and patriotic Democrats and conservative men who had entered that army and navy for the eole purpose of suppressing the rebellion as » means of mofutninlng the Constitution and preoerving the Union, and because It waa calculated to unite tho Routh and divide the North, and thereby endanger the Union. The Democratic and conservative citizens of (he United States, continued to enter their solemn protest against the emancipation of the slaYeatn the District of Columbia, Western Virginia, Missouri and Maryland; the enlisting of negro troops Into the army, the support of negroes out of tho public treasury; the placing of the the negroes upon an equality with the white soldiers and the white race; against the eupension of the writ of habeae corpue In Stales not in rebellion; against the arbitrary arrest and Imprisonment of citizens, and their trial by military commissions that possessed no legal power or jurisdiction; against the exemption of bonds and trsaenfy note* frail lute and municipal taxation, because they believed that these nets were In violation of the Constitution and would prevents restoration of the Union ander the Constitution. But they did not offer any active opposition to a vigorous prosecution of the war for the purposes avowed In tho Crittenden resolution. They differed

siua i m iHfe

m. MIRTH M. rat,

DELivamn i* the * L

UOCta, AT INMANAEOlie,

ntlDIV EVENING, UieiST II.

consequences,

rm, civil war Is Impending

vou, commerce Is interrupted, confidence destroyed. the country going to pieeee, jnet because / could not defeat you. Ns man In America believes these consequences would have resulted If 1 bod been successful In my efforts to defeat you. You can boast that you have defeated me, but you have defeated your country with me. law can boast that you have triumphed over me, but foil have triumphed over the unity of these State*.’ Your Iriumjih hae brought dieunion; and God only knows what consequences may grow out of It. The Impression existed, North and South, that no effort would lie made to prevent disunion. Th« rebels bod seized all the forts hut Sumpter, In Charleston harbor, and It won a question with Lincoln and Ms advisers whether they would reinforce or even supply the soldiers In that fort. At length they concluded to send the Star of the West as a supply ship, but took care, through Hotey, of the New York Tribune, to notify the Governor of South Carolina that such supplies were being forwarded. Thus. In effect, bantering and courting a collision. Thereupon the rebels did an act ihat we do not, more than any radical, pretend to justify. They fired upon Fort Sumpter. Then It was that Douglas, and other leading liemocrat* rallied around the President, and assured him that the Democracy of the North would stand by and sustain him in pulling down the rebellion, at the meant of pretertlng the Union and main,

i'llnlng the Constitution.

When President Lincoln, In bis call for seventy-flve thousand troops', declared that bis only object was to Inforee the laws and compel the persons In rebellion to acknowledge their allegiance to the Federal Government, the Democrats, who did not so Billy know the depths of abolition hypocrisy, were encouraged to believe that the war would be prosecuted for those purposes only; and the call was Instantly filled, with MOCLRLI.aN alnong

the foremost.

When Congress, with unusual unanimity, by the passage of the Crittenden resolution, voted for by radicals and Repiiblleans, as well as Democrats, declared, " that (hit war It not waged on their part in any eplrit of opprettion, or for any purpote of eongueat or tub) ugallon, or for the fiurpote of overturning or interfering with the rights or eitalllthed t*itltutione of those tHatea. bat to defend dkJ maintain the eupremacg of the Constitution and lopreserve the Union,le/th all the dignity, equality and rights of the Statu unimpaired, and Ihat as soon as these objects are accomplished, the war ought to cense." The Democratic party was greatly rgjoiced; fer the maintenance of the Constitution and the preservation of the Union, #a*e the cardinal prlnclpim of that party, ahi for the pllihment of which object* that pi itosn oTganUsd and ewtijmwl^to exit the otyoets affd purpoae* at (I* wall oaleulated to, and did, to «Mt, remove the doubt*, ami many a* to the ultimn't purpoae In reAhtaf ail effort* at nu by radicals. It t* true that

with the President and Congress upon questions of political poficj/connected with and growing out of the war, and expressed that dilfercncoln respectful language. They would not admit that tho President was the Government, ami that, therefore, opposition to the political opinions and views of the President was opposition to the Government and hoatllity to the war. We only exercised a legal and ronstltulional right to differ from the President a id Congreis when wo thought they

wore wrong.

We then did what the Republicans arc now doing. A part of ‘.hem differ from tho President now, and do not regard him as the Government, but they denounce him with ten fold the bitterness that,we did. A part of them dissent from tho action of Congress, and that dissent Is not manifested with much mildness. We might retort on these Republicans and say that they arc opposing the Government, because they oppose tho views and policy of the President; but we will be more Just than to do so, for they have a legal and constltU; tlonal right to iHflbr with him. For fifthg", with decency aluf lit moderation, Wh*l iffic/ Republicans aro now doing, in bitterness and scurrility, we were denounced as enemies to the Govornmcnt,as rebels, as traitors, as butternuts and copperheads. What have we said or done to justify this tirade of abuse, slander and defamation. Wo have violated no provision of the Constitution, or any laws of Congress. Wo have all the time been In favor of a restoration of tho Union, under tho Constltlon, and have only opposed political measures, because wo Mievod that they would prevent such restoration. IFie have at all times, in all adhering States, furnished our full nnd equal share of soldiers, and In drafts more than our share, through the open corrnptactsof officers. The most distinguished and successful officers In the Federal service have been Democrats. Our members of Congress, with two or three exceptions, have vote! for all the men, supplies and money that havc^pen asked lor by the Administration. We have paid our taxes, and, in a word, have promptly mot every demand that bos bedn made upon us; perhaps too promptly, frYfonW’ of the demands were unjust. Rut It may be Insisted that we, as a party, should be held responsible fur the acts and conduct of every mi rnber of our party. This yrould be manifestly unjust to the great body of our men, unless they had knowledge of and approved such nets and declarations. Whenever the Republican party will assume the responsibility for the nets, declarations and conduct ef Garmsdn, I’fni.f.rrs, Sumner, StEvens, Wade and others, whom the President denounces ns dlsunionist* and traitors, it will he time for thorn to ask us to. a* sumo the responsibility for each of the members of our party. Rut the armed resistance to the rightful authority of the Federal Gov* ernment has been put down, f Beworlk ot#r, and peace has returned with its manifold Messing*, and It Is now t^e duty of statesmanship to repair the ravages of War, and readjust our governmental affairs; and the living issue* growing out of these queMtoos we have been discussing and presenting, and upon such Issues our radical opponents fear to meet us, and nm off into riaag and abuse of the grand and glorlo-is old Democratic party, for the purpose of covering up their own sins; for we consider It a political dn to doubt the ability of the people to govern themselves, and to seek, us radicals do, to fetter them. FoYfoetiiattEnapslJf Dally ffcral*.'

B*«iEa Mated t«H.

COLUMBUS, August 29, I860. Editors Herald; Last night Uw I MattsWe “ Brick Ponwroy” dropt down onus at seven o’clock, and hinted ID aome of the boys that If they could get him an audience, he Woulcl talk to them a little wMIe Ibout politi-

cal affairs.

Accordingly the Court House waa lighted and the bell rang, and In a few minute* the court room was filled to overflowing, (notwithstanding it was the regular meeting Right of the radical club, and a fellow by the name of Kimball, from your city, was bellowing

lustily at the Houghton Hods*.)

At a quarter past eight Brick made Me appearance and took the stand, and for over two hours, entertained hi* audience In Me peculiar *tyle—full of argument, wit Rid sarcasm. He reviewed the history of the pest six yeers, giving special attention to the tax laws, stamps, niggers and radical Congressmen. I learn that he speaks at the Circle Friday night, and I recommend every man, woman and child to hear him. 1 think even the S. F. would de-

rive benefit from hearing him. VoursyatOj, - y . / • |y Mew a KepwMIeM Talk*.

We had n conversation, yesterday, with a quiet tldohlng Republteflb, a citizen ofi substaneo amt influence, but no politician, who expressed himself freely on the state of parties, and the course he Mmlelf Intended to there are thousands of Republicans like myself. " I can not,” he contlNed.” vote for the Democratic party. 1 never uid; and It may be nothing bin (fid pfqftuAoff that restrdae me now. But so It Is. 1 can not conacientlously vote for my own party, for Jt baa behaved badly. The extravagance and profligacy of Congress In general, and the voting to Itself Increased ealarle* and baek ‘ *

■■■■ tv . jmw, upee the pert of Us* Young Mens' Democratic Club, introduced Hr. Ray, who epokeenfoOrwe: isTaoevoeoer. It le a isd fate for oar common country *Mcb denim me the- yleneeee M-night «fi ern BMolatinf you tpo« the eethr—ia—l ef (he Oooetltntlon in all hmrM, aad the triumph of the national csneela all olaoea thal, reaeoo, jostle# aad ooivertal eoafloenoe might he Invoked Jaetmd ef yamfoe, Immefi and raveage, to lit in judgment on the merit* of pehlie measures aad poblio men. Bat the enme eload that hat darkened the foee ef the heave for Are yean paM, iflU obecflra* eleven etars of the old oooetellatioe, and the raven ef flawed still ake croaking above the door of every home, North

•ad heath.

The mailed knight of defiance still ateade •mid the broken fragments, scowling it the architects thet would rebuild the tempt*—thu genio* of lection and usurpation stTI aiw at the gate of restoration with drawn sword to out •sonder the reuniting ligamente of aatiooal brotherhood. Thaw am the etreumstaneee under which w* aawmble to-night. TBZ SPZAEZB's rOUTICAL STATUS. I have consented to address yon te-aiabt in a legal argameatand not t Mump speech. I abatt claim for the argameat no partSaaa quality. 1 have no partisan sentiment* to mingle with end give color to my ooovhxiona. JT w« drive* from politics at tho begioniogof tho wur by the Intolerance of party apMb w w read out ef one party for retMof to Mores Vsllaodlgbatn aodbieelaMtaM by tho ether lot refkdof to veto for their eandldeMOr Whether I amen probation ar a Jo baron man, or whether the reading ent of Yallaodigbsm restores me, dm* •lone oan answer. So the Uncertainty ef my own political statu* will lusulah an apology for diacnsalng before you te uigbfttbu euerent polldeal problem—the Matu*Of ft* oegro, after the adoption of the proposed eootdtotional amendment. I might deettim against lb* policy end expediency of the amendment nndl the etars fall, and It woold resolve Itself Into a matter of taste and opinion at last. I might create a aenr •ation bora to-night by eebematiag the language In abasing something or waMbody, end you might go away with your bearta filled with hatred and distrust, but you would m« b* any wiser or any better. Durlag this summer s large number of gentlemen diettngnisbed fer eloquence and statetmauablp have addreaacd the people from the stand* in this Circle. They neve altered every not* of praise sad strace In the pertiean gamut—every chord that would respond to the touch of reaeoo. Interest, ambition, patriotism, party jprid* or paity passion.hts been swept by master band* on tbs one side or tbs other. So 1 am afraid the public appetite instead of being satiited, may be morbid for impassioeed eloquence apd. highly flavored rhetoric. A straggle le gdlag ou at the present time for political ascendency in tbs naihn, aid this amendment is supposed to bare •ometbiog to do with perpetoiting party ascendency in the nation aud eon

r ha# a

i£“?=r*£s£

iszjgu&iz or poikieal privileges, as both! Aud ft poMeal. ie fe ciemivu Miokiw Ok* at thoml

sequent!?

finds the publio mind in a temper liitte favor

mmed e political caMe and

temper liille far

able to •’ dispassionate Inquiry—one da-s persona without inquiry boldly and rocklomly •Arm* and lbs other boldly end recklessly denies, without having wsmierd the foundation* •f say opinion. And in tbs consideration of fob amendment 1 disclaim io speak in the serflee of any party, and it I reject and denv untenable theories advanced by prominent Demo crate sad accept aad approve others advaaeod by prominent Republicans, it is because the force of legal fact* and a/air play of reason re-

quire it.

^ p«y, in partteatar,

at <a time whew we are vrefgked down by taxes and public burdens, distrusts me. The extreme radicalism of our leaders alarms me fT.Sfe&iSas.’ttsr SRrT.jfi in Congress and out. As for your party, it will succeed, »ot srvnruch by aoeeeslon* from our side as by absence from the poll* of persons like myself. Our absence, then, while It will be a quiet rebuke t* ent |MMy leaden, economy In publio expendltusee, and labor mere for the common good tban for party success, for you will hafo constOkCy before you the assurance that the stay at home vote can, fo any future election, Wrt» you mV 1 At Ms views struck us as somewhat original, wo coneluded U> give ib * m Cincinnati

Knctuirer. 4 '

OwVermwr JtEwrtwn.

This distinguished gentleman appeared In waiMwrjLnwTsrjUB ‘ gwaaSMrJ!? fc

le ef what ft be to-day, le untrue, and venm cat not and dM Mt aubetahtfate

the proof. The foMev M Mfifr waa that

«U !• the UuKk amfi entttlofotr wpwwktette^^^le tbeeaiM tod

that

Johnson'*]

,andi

TBs SUBJECT Of DISCUSSION.

Il is known to yon all that tho Congress of tbe Usited kutee bee eobneiued to tbs Legislatures of tbe several States, by joint resolutions, an ertiol* of amendment to tbe Constitution of the United States, embracing five section*, the first of which bee give* rise to * profound interest throughout the country-r-an intern** not unmixed with a party seat little fever able to fo*

dominion of nawnor authority.

~ But even this publio interest scaroely comes

up to tbe meatnre of its importance.

If It were • transient, temporary measure of policy, or only reached in its consequences the people of on* generation or of one race and lioesge, tbe raeoft of diopusston and the fate of tbe amendment Reelf might be contemplated Sw simply on# of the incident* or accident* of politic*. Bot when e measure that compass** nothing lees tbea tbe elevation to ertiaewship, without regard to qoslifioatioD and without fib ti float ion as to fllnees tbe colored race of the notion, and a division WUb them at the Suae and ftathmsl sovereignty, la addressed to (he' suffrages of tbe people, thev would be nnfit depositories of our narional deetiny if they did not demand a vigorous examination into it* purpose* and effects, and take alarm at whatever threatens popular end constitutional liberty. I sit ia judgment ou so men’s motivea, wisdom or patriotism, who Oifoar support# at opposes Ibis section of the proposed amendment, but I do sit iu judgment on the legal problem it invelvee, and the radical error that lies at the foundation of much Of the pertiean reaeoning on both eides of tbe question. Governors and Lieutenant Governors, Senators and Judges, lawyers and politicians bar* Uwly been shiverleg oratorical lanom over the kabe made on the amendment, nod I fiod that they agree in nothing except la that bold game of logic which affirms everything on the cue lid* aad denies everything on foe other, eod generally getting lost in tbe fog of definitions before reaching tbe real Mat point at leans, and mistaking hbe toils, sofferlDga aud agonies ol the mental conflict ia aasweriug each other, a*,* complete aaewer to tbe country concern log tbe meaning of the amendment. Erery argument Ibet I bare beard or reed during tbe present canvas* on tbe subject, le drawa from speculative premie**, aad assume* that tho whole queetiou lies in t nut shell, and that tbe out ebeli lies in an abstract definition.tod that Met deflaitiea llae io tbe dictionary, and ibf* the dictionary ia nftde the arbiter of tbe question, and where the diotionery I* at fault tbe amiable oredaiity aad farvid bigotry of party, ere quit* equal to tbe u*k. Now I propooo to deal fairly and dlepaMlonately with all that ia expressed, aad ail that ie Implied in that section, end tho*save my self respect and profesaton from reproach. I turn to Iba Constitatlon of the Uailed States for as

•newer.' . , , * msr *b«tion or a hand mint.

• Asa baei* for obaervatioa,! introdue* to yam foe first section of foe proposed amendment, and to which my fomartw will, tonight, be lion

lied. It reads as follow* u.

Section 1. "in persona horn or naturalized In the Halted States, eod subject to foa jtrto diction thereof, are citizens of (ho United State* aed of the State wherein they reside. No State ebeli mek* or enforce any Uw* wkich shall •bridge or impair tbe priviUgM or immunities of citizens of tbe Uoltad States, nor shall soy •fate deprlr* any person of life,liberty or proeperfty, without due proeeai of Uw, aor deny te any pmooawlfoiDjta jurisdiction tbe equal protecI will iatroduee tbe second taction of the

amendment hereafter.

raa (OuxMXM or nirrnmrr View*. There are two dMRflct and widely different

Maws entertained, oref leaet expressed, in pohOeal eirelee, as to the scope and ultimate con-

sequences ef foie amendment.. . . The one view ia, foe* tbs adoption of the

amendment, removing as it dam, all disabilities ■ef' the negro, and raising him to foe proud atotoeef United States end State citizenship, endues him with potential etmibotas of a dtisen and voter la tbe State in whtoh be rtstdeex Merk yen, 4 wap "petewM attributes" ef e total; tor aome bar* tnaceoratoly enunciated that fo* amendmenfpfr'as, necessarily, make* the bogrpavoter. Tbjo view le ganeraily taken by those who oppose tbe amendment. I arrived at the tame meett, tall tt is by yielding due Weight to each of two other indeueodeet, but, concurrent oonditione, anirereelly recognized In tbe constitution*! jarispeudonee ef tbie country, and Ipthifoaowsa pslisieel law at foe NeSee—for wo have In this RepnbUe a eomnsn yolitisal law as well as ' a common civil law, Tba other view, and tho one Rtoet neeslty expretaod, if not entertained, te tba* foa oegro, after tbe adoption of the amendment, will atill he dependent on tbe grace and faror of tbe several Stales, as he sew ie, for the elective fraoebiee. Viewed as an Independent proposition— aaa proposition bed rebjeet to the modification and odntirOt of the two other concurrent conetitational conditions hereafter mentioned. Tbia position may be lensblevknt tebjeet end sobordinato It ie, to tbe joint dominion of tbe new ameedmeut making bian a oitiseo a* once of the State and the Nation, and the old gnaraoteea of the Constitution securing to him in tbe State of hie residence all tbe prirtlegM of citlxeosbip, it

Is bot a speeUue ovasipa. and •odaooMMett

in either log)* os Uw; d am no* to be beguiled i«to a fain quibbling sbuoi the dafltiltlona of ” citizenship.” Ton many on both eidw have been betrayed Into that mirage of error*. Tbe soondoes* of foie aegalir* rUw U not to be lasted by definition*. It U to bo settled by legal fed* imd’MeToidsblededaetfene. laddreea myself to legal m ale, aal invite their eritidim. 1 appeal io lb* repositories of tbe Uw, and am wIBog to stand or fall on tbia queatlon, by Ibeir

eufoority.

VAU1 rwmun and raun Loom. - Ooeclaea of logicians lose tbcmsolvee is foe jggg - - First, foev say tk| negro will then be a ciUsemof the United JMfoe ana of foe Btoto where he reside* Beeosdly, foa* a cttfxen Uon* who be* the right to veto and to bo voted for—thereettion ie clearly taae, for foe negro will foea be eeiiixen of theUeitad State* end of foe Bute J foe rnStal eM /mk^HflMaa be only pertlaRy true, and ti.l '?.,** tM -ivro • i 11 v /• {/*. . - j&n ^ v Ju-.ivsioeUUdti'v .l.' - - 7 ' stit i

SSSSfES'Sf imp!lee, ** In wbat it txprwata. I* earlUa foe Implication tbot oooe twt otBUma at tbe United State* ean become eielem aed. oMgibU to ofIce, when notblag ie furtler Avm foe info. It U eompetent foeo State, wklfo qi si j asm knows lee ao power to make adtiien, to den&enm *11 aUdon, IndUsa and negroe*. aad admit them to foe right to vote eod Bold ifoiw foie tbU definition faiUin foto emyeel. Bo thin doforinittoo of adtlacc of foe Ueitod Statm detse■io## aofoUg. Aed foe *M proneWlen or eonclMien U equally Ume and __ hocaue# It etsiase on efleae; foe the ef foe Federal Oonetiwttoe, within foe pwrview nod operation of which tho amendment will hove placed tbe negro m • citizen of fo# United State#, sod oft foe State U whmh bo reeWee. FotJM mo »* never lose right of. fo* eoostitulioaPnfo, foot the Wboto qnaatou ef euffrego Midi with foe States b; fo* Cbnstitation of fo# I-United Smten, end the Federal Government eta not toy wbo shall be admitted to tbe d active franchise nad who shall not. But it mey bedlft Urent under fo* ameadmaut, if it tboold be adopted. But tbe Federal Constitution and OoDgreaa determine wbo shall be cUlaene of tbe United States, eod foe Constitution deeUtea a reciprocal equality of citUcaa to Ao asveeni State#, and if foe citizen* of a pwticutor State have foe right or privotoge to vote, end to be voted for, every eitixso of tbe Uaitad States, Msg also e citizen ef that State, ehall enjoy foe **me right os privilege. Tbie, enri foie ealy, to the Ugtaal, eenetftstionel pm a see of argumentation if which foe qatondment makes voter* on* ef * egret* to ertoy Stele wbtM foe etTams of foe State ttnm■elves vote snd bold office. And whoever godertakw to derive from this amendment the statu* of o votar, for tho aegre to any other way will foil, and whoever nodto takes to deny foie demonstration by foe Mr weapon ef argnmeet and tow, must alee MI. kxaniso or naua—what is not th* usua. Boforo proceeding farther, I deeir* to explain definitely the mossing of a few terms that I ■ball employ in a specific scute. When I use tbe word ** national citixen, ” I moan one who to a eitiaan of a State aad of the United States, whether by birth or by natarallaadoo, and to a ttriedy polittoal and serenemental eeane, and not ia it* general and eempee b#0ilv« MDMp of g BOart>tr of tbosalloBol foully* When I nee tbe tarn ” denizen, ” I mean, tbougb not with strict accuracy, I* include alien*, Indians end n*greet, who may barn beau adopted by a State, and admitted to eota* of the rights of nettonel citizenship, so foe ernample, foe right to ret* and bold office—notwithstanding “denizenship,” could only apply In strletaettfo all*as>ot for fo* newof toy argument one designation will answer for ail ef

foam.

Ia order to be more clearly will state Wbat tbe issue ia net, end tbea what

th* issue is.

First Tbe iesu* I* not whether fo* first asetion of tbe aaMndmeni confers upon fo* negro the riyht ol suffrage in tbo Stain wbtrt b* roll d<l. 1 admit ihat il is silent ia that regard, and ia it* tilenct it referi ur to other test* co-

tablUhad by the Consututtou. - Second. Tba issue ia net whether fo* gen

era I Government or tbo State* conWwf and regulate the elective franchise; lor I admit, that tbe genera) Government be* exclusive control over national citixenebip. While tbe States have tbe exclusive power to regulate tbe elective frsnebiee as to national. citixene, and tbo exclusive right to make denizens end voter* of persoos who are not citixene of the doited States—» right t > grant or withhold aoy, or all,

tbe civil sad poiiti«*l rights of aftiasaihip.

Third. Nor ie it a question whether • citizen of the United Sutee, end of the State In which he may revile, has, in virtu* of bis quality es citizen necev* iril v a right to vote in that State; for thit agvin depend* on tbe further

to wMeb it wan employed by writmn, according totbokehtton wbUh tbo teraa beam to tbe subao, I dariro to make some

o/foo

term "ettmeT tony ha better nadmatuod. And first, I quota team 1*wrist k lastkatto: “ Like tkeea bars wtfoin tbe United States, pnmeas bnen ent ef focir territory or* entitled to diffident rights; aome are eitfxena and others

towneft

Firot.—Pmaon bora out of the Uaitad Stales, who «n tiffdeen ef ettiaene ef foe Uaitad itoesa, to at amem wbo hoe* hoes aneh, see ritlsiee, provided foe father of aocb children ‘ (bio tbe same.

who ween to tbe cnontvy at

Constitution,

foa Nan ef foa adoption ef tbo

here foa rights of rittoene.

TMedy—Fereene who b dee tbo Uw* of saj

any Uw an

i nfikmnffimd un-

greee, or the acta

e; for (hit agvm

question whether ihsji 9i*le sllows herowngrueral iiizens to vole; for. if we enn suppoeesueh aeyttem of Internal polity lor a State, udentoa its own genersl citizens the right of aelmge, and gives il only to its “ denizens," each as aliens, Indisn* snd negroes, whom it cm not make ciliacns in the sen sc of foe Metal Goostitution, a Dice question might arise on tba privilege elans* of the Uon-tiiulioo. Fourth Nur is it a question whether a State may confer the elective irsncliive on person* not citizen*, for I kaow that • Sues m sortreign in the right to bestow th* boon of eaffrag* by tbe ” dmixation ” of zlinie, Indiana, aegre OS and mixed Moods, and with limitation* s* te residence, age, property, education, nativity or color, ss may seem safe and just; but this io not to l>* confounded with An other legally Impossible proprrition, that • State may therefor* deny th* privilege of snVtoffiE at pleasure, te a citizen of th* Uaiied SffiffiS, ebo i* also • citizen of that State, nhfls Sv other citizens enjoy

that right

Filth Noe ddfifi aoy controverted abstract, definition o( " flil .eo," or "citisensbip,” enter lirgely into the iseue, beevude the Urm ” ettizen,” as used ia Uw and to Hr era* ore, be* both a national aud State aigMfieaiMe, and baeeiao a general and a Ideal meaning to politics; It bos also • general aad comprehensive mcaetog ia civil and aerial Ufa, sod a more limited tad definite meaning intbn common political Uw of

tbe country,

what run rant ascvioa bsallt meami. Let oa fire! inquire whet tbe first eectioo will, and wbat it will ao* aeeompiiob far tbe negro. Nothing b clearer tban foot It wfll make Mm a citizen of the Uaitad Statta and of the State to which bo may rwide, but by a long course of decision be would bo, without ibis amendment, a citizen of the 9iota of hi* residence, if be were e citizen of tbe United Stator This seelien removes the disability of tbe negro oa naturalization removes it from tbe alien, end places them both, witbont qualification, on fo* earn* high piano of sneral, national ekiaanahipy on which tbo native white cilisens stand; and as inch citizen, is entitled in tbe State where be reside* to ait fo* privileges tad ImmaaMae enjoyed by the other citizen* of that State. This ought to be clear to any jurist er •tateeman to tbie country, ef any so boo I, see* only font class of vigorooe thinkejs, wbo, ia tbo face of all judicial authority, boldly deny foe efoceey ef any amendment to make a negro a citizen of the United Stales; because, being native been, be ia a ” citiaen ” by birfo. Bot whether be U a citixen by birth, by neturallietton, nr by virtan of tbo emend meat, hi* statue an rittosn, to tbo eam*. Bot, of court*, the antboee ef it, seemed aneh an amendment necessary to make him* eitiaan ef fo* United States,ov they would not bare submitted it. Tbo Bonafaricp of tbia section eon tains an inhibition apos too Stataa, which I will notice to anntbta eeane* tlon. Do yon ask me whether foto amendment, of itself, confers fo* right to vote tad to be voted for; fo* right of suffrage; fo* atoetiee fraaobtee, on foe negro? I aanwar that, per ss, it dees not. Il leaves tbe control and question of auffrage where it now to, witbont tbe emendmeot—exclusively with the ter era! Sutea of tbo Union. Tbo Couatitution of tbo United State* now confers on th* federal Govern man! ao jsriadietion ef suffrage la (be State; but leave* to each State (be exclusive power fo confer it, or withhold It at pleasure upon tbe wboto population within ito borders, witbont dtoerimionitoa an to length of residence, property, nativity, age, •ex er color, aubjeot, however, to foie Itoritotton: that no Sum whoso own citizens eejoy tbo right of suffrage, can deny fo* right of eojCmg* to a citizen of tbe United Statta, who ia also a ritixen of that Stale; tbe Consthntion, as it sow stood*, with tbe adjsdlsattona under H, determine* (bos much; end an inhibition to foe Staten in the first sfotico, would bq«. if adapted, impair, bet would greatly fortify foto cooeluetop. Do yon eak mo wbat this amendmml then bat to do with tbe right pf negro inflfoge? 1 answer, that it baa foto to do, and 0* more: It remove* from bin tba oonetUntioasl disabilities of bia race, and stamp* him with all tbe privileges and Immunities, qualities, attributes, faculties, capacities, char touristic* aed incidents of geoersl, national, American ritixanabip,and elevate* bim at one* within tbe orbit of Kalal tnffrage, and tbe purview of that section of foe CoMtilntion of tbo United States which guarantees privilege* and imnnaitiee of ci It sene in tbe mvera! Stales. Wbat either, or all, of tbeae privileges and qualities, in a political eenre, may be, to puroty n jaffioM nagoasi fo be answered io tbe light of foal Motion of foe fodml Donstitatloo, a* also in lb* light of tbo law# oonferriog end regulating suffrage fo tow particular state In which the citizen mey reside. Bat foto will be fully demonstrated hereafter. If this amendment be adopted by three-fourths of tbe Statoe, H becomes a pert of fo* Constitution; aad in making a negro a rills** ef tbe United Statee and of foe State whore be resides, be to brought within tbe scope and purview of that section which guaranieM to him all fo* privilege* of a citizen of (be United Stataa, and of tboaevaml Stataa. Then, only on* concurrent condition will remain to hto plenary right of ■affrafcln foe State to which be may rerifit, or to which bn may remove, and foot concave condition to, that foe citizen of fo* State into which be may remove, or fo which be map reside, eqjny and exercise the right aad priritoga ef voting aad of befog voted for—if so, foe negro ritiseo to a votar also, and ao State ean deny or impair hi# right. So,you aaa.that it to not in virtue of nay on oof foe** eoabiing penelriene and condttlonstoctbeto made • cWsen and • voter; bat by tbo concurrent co-operation of those independent, oooatitatjooal agaoriee.* Tbe aaMndmeni stamp* Mm with toe ittatoa of a eitiaan, both ifotai and aatiooal. And tban, secondly, too eeaowd eeetlen of foe fourth article of tbo Omttitaffon, gaarantcw.to bim all tbo privilegee and imaraaittot that tbe rittoen* of any Sum, to whtoh bo may reride, exercise and enjoy, accord log to foe instltetloM of that State; and foMIf, font foe State in which each citizen any reside, defines XS'ZTSL'SXZZZTi.tt tad Stafoaanfi ef tWt StsMiaeMaHr;nadir SrSatsavssp .-h.• t P’- ,1;.- J'i t •*.

wa of asp State before fo* passage of n too subject of natanlisstion by Cod who have became uetnrellaed under _ of CoDgrem, sen elttoms of fo* United

Stataa; end, like other ririame, are entitled to rota for eD offiems who are elected byritizenc, and to bold any office, except those ef Fieri

dent and View .Prorident of fo* United Stataa. Fonrfo.—Children of nataraiised citiaen*,

wbo were under foe eg* of twenty-one yeers at foettawef their pasnato'being so naturalized mr admitted (a tbe right of eftfsenaMp, ore, if then Bvtof to the Uaitad Stataa, considered u rittoen* and onUttod to foe same right* as ibeir

inmaelfya fathers.

Fifth.—Feoeone wbo resided in e territory whieb wan annexed, to fo* United States by treaty, aad fo* territory afterward besoms o State of tbo Union m, for example, a perron Db*. born to France, moved to Louisiana hi 180fi, settled there, end remained to tbo territory until R was admitted a* a State, it waa held that, although not naturalised under tbe acts of Congrom.Se was a citiaen of fo* United Sixthly.—Alien# and foreign ere, wbo have never been natamUasd, are not ciiixeoa of tbo Uaitad Statm, and they have do political right*

whatever”

sTAsarar ov raxmem.

Having given fola gooeiol ctaerification of our people, I will now proceed to ttatc broadly wbat I maintain « tow boned on those claerificsttona. Fo* tho purpoeee of foto argument, I affirm

proporitiona foltowK

Fimt—Thstfoefirstseetionof th*proposed ■•■tdmeut will, by making fowaegro a national sRImn la legal ribet, and by foe cooearronee of Mr* *A« legal Ipeto already extotent, dtoabto army State to foe Unto* to deny, abridge, ov impair foto right to vote and bold ofltoe in tbe State where h* may reside, and thus git* fo* negro electoral capacity and entitle bia to vote

to foe State.

Second.—A cit'seu of the United Statee to, in rifts* thereof, a citiaen of foe State to which be stay reside, end tbia,too, witbont tbo am eod atent; and, to virtue of tneb cUisenabtp, My migrate to and become an tobabitaatof any State, aad eMm and enjoy all lb* mivilegm and Immnnltton enjoyed by foa other ritfoma ef •oeh State, tociedtog foe right oe privUoge to vote aad bald office endm foe gueraatam of the second section of fo* feertfc ertieie of foe Federal Conofoutlow, groetly atrnsgtbeaed by “WtreSTarive right to naturalise alien*, and wbeo nafu-sHsed they are placed ou * footing with fo* native bora citizens to fo* sc joy atent et rights; and that each State baa now the eseturiv* right to regulate ton elective francbia* for its own citiacae, and an theoiate right to grant or witbboid rt to thorn who at* not riHanaa of •uch Stole- 1 my aoer, for that amendment will exttogetob that right. Foustb —Theta BtaM nun not makn a citi zan, rifoar by; HareraHaatlon er by adoprion, for local per pome; bet a State can make denizen out of alises, and quasi ettizecs with* toe Mata of deoizeas, out of I odious aed eegroes, bu such denlstna and •atari citizens art not citizen* of too Coiled Statm, oor of the Scam where they reside, and see no* eatitled to tbe guorkntem of tbe privilege da use of tbe Oonstitetiee, eod therefore tee net claim tbe right to vote in vine# ef toafo qanlity as citizens. Fifth. That although foe Conaritotion does not enemmes* aed specify tbe privilegm and immunities guaranteed to tbe citissns of each Sues to foe several Statm, yet by fo* highest It i« btld lo pflnou>.l mm2 neBriml HllvUagm, as well a* rieil and cammereial, and foot foe right and privilege to vote, and to be voted for, it the mom oxnltod, char aeterietto and to v to table, toot seam ttaeb to • national cteizee —foot it ia iadrisealbtr, except for crime, ia e repraaenutive republic, end that it dsMends from ene gsnmattoa to another, and it ie th* peculiar patent ef American nobill y, eod of which national citizen* ean not be rubbed, Witbont giving ezose of revolution Sixth. A State can MB naturalize on alien, but may odaritto tbs elective frenebiee, women, minors, aTtme, ledi-ee and aegrom, but foie doe* not make them ettiaene io fo* eeam of foe eemmoa poiirioal taw of fo* Uaitad Statm, aor to tbe tense of ton Federal Oonetitattan, rad tbe fori three rieemi. w each, would not com# within ftfi pMtfl at tbe Couatituticn •ad ra oecearani; atM.wed to vote hi • State to which they aright migrate, although they miebt claim protection under international and public

’ hraweb of foe Legialaiars ol "By foa common politiml taw ot Ragland and of this conotry, when not otherwiso aperiied m a pertientar State, by ito eonztuut oa or ■wa, certain deecriptione of peteona are d— to be excluded from czeroising tbe right of pofoiral suffrage, even though not prohibitad uertfrom bf toy ezprcji cpPftitmiooal or lenl peorieion The peraone thus excluded ore minors, idiow sod Itmalics, woman snd alien*. With these exceptions, all persoos possessing tbe qualifications reqeirod, and not subject to ray- of tbo diaobiHtiee specified by the constituttao or law* of the State* in which they lire, may vote at all elections therein. “Tbe seme deecriptione of peemns, nemdy, minon, idiots sad lunatics, women and aliens, wbo have already been mentioned as excluded from the right of suffrage, by tbe common political tow, ar* also prohibited, and for the •am* reasons, from being elected to any political office wbztavcr.” Bouvixa’s law oumoaAST. The following definition ia published by Bouvier’s Law Dictionary: “On* wbo, under tbe taws and Constitution #f foe United Statm, bra tbe right to vote fo* Bepresentetires ia Congress, and other public officers, end wbo ii qualified to fill offices in tbo gift of foe people. In a more extended aeons, endm the word citi sen, ere included all white peraone born to fo* United Statm. Tbia includes men, women and children." SAW L*’S DOT INITIOS. I extract tbe following general defioition from Mr. Rawls’s work on tbs Constitution of foe Uaitad Statm: In a republic tba sovereignty resides essentially and entirely in fon peepiet. Thom Jonly wbo compose tbo people, and partake of this sovcreigbty, are citizens; they alone ean elect, •ad sis capable of being sleeted to public offiem, and of course they atone era exercise authority within foe eomoranitj; they possess on unqualified right to fo* enjoyment of property and personal immunity; they ere bound to adbmu to ft in peace, to defend -ft in war, and to poatpon* foe totaram of ail other countries to foe Affection which they ought to beer for their own.—JUwle snthe Constitution, p. 85. ■ZVTUCKY COCET OV ATTZALE. lo tbia connection, I propose to call your attention to on elaborate definition of foe term citi iso, and of fo* rights and privilegm pertaintag thereto, from on opinion delivered by the Kentucky Court ofr Appeals, who diaaaatcd foa subject of dtiicrqftip with extraordinary power “I^UeJo fact, not fo* place of • man’* birth, bat foa rights end privilegee he may be entitled to enjoy, which makes bim a citizen. In England a citiaen ie not only entitled to aQ foe local privileges ef foe city to wbfob be belongs, but be hse also the right of electing and being elected to Parliament, which is itself rather an •xtrordhwry privilege, sino* it does not belong lo every clam of subject*. If w* go back to Rome, whence foe term citizen bos its origin, w# shall find, in tbo illustrious period of her re pabtie, foot citizens were foe highest class of mbjseta to whom the jus civilotic belonged, ind foot foe jus eivitotis conferred upon those who were to peerasetan of it all rights end privilegm, civil and political. ” ivrxns coctr or Indiana I now enme to a decision ot the Supreme Court of Indians, coutuined in volume 15. In disna Reports, snd which, from tbe authorities cited, meet have been csrefuily considered by fo* court. Now who are citizens within tbe meaning of this provision? Etidrntly none but those who part ltd pstt-d in the formation of foe Government, or have a right to participate in its administration. Throe are while mole citizens of tbs United States of foe age of twentyone yean, and white mole citizens of toreign birth, of the like age, wbo have declared their intentions, under (he act of Congress, to become citizens of the United states, and bare

States may confer prlt lieges on those who are not citizen*. Thi.* latter cla.-s are not citizens of the United State*, nor cad they become so till after lite jeirs rn-idcuce therein; because till that period has < lapsed, they can not take th* oath of allegiance to this Government. The term “ citizen ~ has come to us derived from antiquity. It appears to have been used In foe Roman Government to designate a person who had the freedom of the city and the light to exercise all political and civil privileges of the government. There was. also, at Rome, a partial citizenship. Including civil but not political right* Complete citizenship

embraced both.

estim.itk ok the VAti'Eor dekinitions. I think 1 have now nalUfied tbe demands of the subject, if not the morbid appetitesof pub-

lic speakers far drOuitioas.

A very modern and unsound argument bos become familiar to u* all. that hi* no foundation in adjudication, or in the c of tbe

Uw.

Seventh.

Whatever may be the inherent at-

tribute* ef notional citizensh^ and whatever fo* prieitogm and immunitisWf • citiaen bmv be, sad whatever vxciusiv* power a Sltta may now hove over tbo stasttvw fronebite, tbees suit bs fixed by tbs atotaimrui sod placed beyond Stats ooalrol, by fo* power given to Coogreae M and SB fores all Iqw* necevaary to carry fos smsndmtut into effect—by which Congress might svra organizs aad eo force the aaohtaery of the ballot box, to isfractary States. for the " • of ail officers aamod in foe section of tbo •■ttldtttat. having first declared wbat or* fo* arivitogsow a as si oral ritisen. Eighth. TbU amamitoaat ia a dan serous #n gmsshmsn* on fo* sovereigety of the Ststas. bj annsnltsiag to Ooogrese foe power to tbs fittl section, to eooSroi tbs tatorast affairs of * Stats to all msttsrs embraced by th* amendment, including suffrage, aud thus having > placed toe eoverslgnty of several of foe Southern 3tales in foe bows of ton negro, wbes* bn Is to too majority. Gun ssotisn of fon nation might bn ruled aad ruined by a barbarous no*, end political pawn* neonolidated in foam nod their allies ttte balion. nrmmavt or errum. Having stated fos pcoposition* foot I shall maintain. I now proceed, for tbo sake of those who stickle far dafiahtoa* of ‘ citiaen," sad wbo reject foa daftoittoaa of foa dietionsries, to lay hafosa yon definitions drawn from tbs most approved writer* on eotnli tut tonal and public taw, prwauetog, bowsvar. Oat definitions are not derisive tost* of any question involved io toe issue ander discueeion. Aad first, I will read a remarkably clear definition from Boavicr’s iosti-

tatoc

aoDvtxx’a pxrumoE. "A ritlaaa of foa United States is oo* wbo ia te foe SBiaymtBt eft afl th* rights to which the people or* entitled, and bound to fulfill tbe dutiee to which they are subject; this includes ■an, woman aad children. In a mors limited seme, a citizen ia one wh* has foa sight to vole for publio offieoas, lor example, representatives io Coagree*, aflffi wbo is qualified to fill offices to tbe gift of too people. “OiligSDS aro Bathos or asturaliasd. AH per tons born in tbs United States are not citizens Tbo sztspiions »re, first, children of foreigu ambassadors; sscondlv. Indians; sod thirdly, gSBSfsi, para*** of ootor. "A naturalized citissn is on* wbo, born on alien, bos acquired fon right of • citizen by complying with tbs requisition pf tba nsiuraliziiion scaaiLi's law djctioxast. Tba following is a daioition from BurriM's Law Dictionary: " In Aataricaa tour, on* wbo, under tbs Con stitutioo and Urn of the Uaitad Statas, has a right to rota for public officers, and wbo i» qualified to fill offices to foe gift of foa poopis—3 Story oo Coostitatiou, 1687. "A Iroe inhabitant, boro wifojq fo* Uoitod Statas, op noUralitu andsr the lair of Coograaa—9, Ksat’s OommeDUry, 358, note. "A citizen of tbo United States, residing per ■aaootly ia ray Stats is a citissn of that Stats Marshal, 0. I., 1. Brock. R 389, 391, and see Uaitad Statas Digest, sod supplement Citizen, United Stataa Amsriron Digsst, 1848, b. t. JUSTICE DAEIXL. |' I DOW iolrodqap 10 yogr special aUsuttoo, • definition by Jnsttas Ptoial, of the Supreme Coort of fos Uoltad Statas, wbo probably stodisd fos qussttoa and understood bimsslf. For wbo, ft mey be asked, to • eftizsn? Wbat do foe character and stataa of citissn import? Without fear of contradiction, ft doss not import tba condition of being private property, tbs subject of individual pow*( sad ownership. Upsn a prinorpi* of etymology aloas, the term ciiizen, os derived from deitae, conveys the Uete of soEuactioa, or idsotificstisa with foa Btats orGovsromsat, sad a parfiripstton of its fbaettona. But bayood foto, tbsro to not, ft to baItovsd, to bs found to foa torortro of writers on govarnmaul, or to any aetaal experiment bentafbr# tried, ra axporittoa of fo* term eittoon, which biu not been understood a* conferring tho aetaal pommel on aad enjoyment, or fos psrfset right of acquisition ojmZ enjoyment of ra Wtirs sqaality of pcivilefa*, sis* osd political.

tbs sake of a suffenng professional brother, I

coll oil fos psopis of a State who Kfictiw famchiae. This to to dsfisaroatatl wrilastttoddtotiiuitianabstweep «“ci tiara‘^ffonUniWIoiaiai, saw * voter of a State, wbo may, it to true, b* a “eiti*sn” of tbo Uoltad State* bat not nacssaanlly such, baearoa State aafoority, baa* saproara^ may invest nay oue, be ha alien. Indira Or negro. with fon pritilqgm aad political coraciliaa. ftf cTrnTnrnflhin * ffcMmdrr tlmiorffil milwTri Bates, hod oraoaioo to “ which txpetoM iatn a if not — fc -sari taaateaai aw thf _ tho negro, by right of -T^ -"-riaii a^imlimiiiamiitm Thn jurisdiction of tba Untoed Slates. Ha addrooeed hiesralf to foa teak of dawtotottiag. that by common political tow oft fon natioo, foa free ■ttB*® toaaftinqaoftbaUpItoff States ;bat tbs boldnsee of the Attorney General’s argument, in attacking tbs stars deems ot eighty years, ass mors than equaled, by its conapicnonq infirmity of ignoring sad eonfoeodiog tba legal fact, foot Statas, in fos exercise of their exclusive jurisdiction, oor donizxtioo, and fo* stoctive franchise, may embrace other ctoesea of inhabftantB, not citizanb ; and among them fos free negro. And although foa Attorney General admits, that there to no uniformity in fo* qualification of votaxa to fo* differeo* State*, yet be insists, foot they are all ‘'citizens,'* of tbs United States, when allowed to vote, and to be voted tor. This was a logical necessity of say theory of argumentation, to demonstrate fos citizenship of foe negro. But whether tbs nsgro to, or not, now, a citizen sf fos United States, by fos common political law oLthe nation, is not material so oar inquiring, ra it ia conceded that hs will bs a citixen in tbe highest sans* of that term, by fos proposed amend-

ment.

JORN HANNA, ESQ.

Bat I am not entirely dons with my professional bretbsrn in this State. My zealous friend, John Hinna, E-q , has had the question under consideration also, and bu given his views in a public speech. Now every lawyer owes something to his reputation. Something to his profession, and still mors to that political society in which hs lives; and whoss confidence hs dare not abuse. I am afraid the lata District Attorney has mixed a spies of politics in hto opinion. He elaborates, defines, and refines that profound question of ail questions—

'■Wbatto a citizen t"

Mr Hanna, having soma misgivings of tbs infaiibility of the “elastic syllogism,''.draws heavily for rapports on an cpiniotft'irea by ex Attorney General Cushing in 1857, on the Constitntioa of treaty between tbs United States sad the Choctaw and Chickasaw tribes of Indians, and what Mr. Cushing said in relation to thit treaty and tba rights of those tribes under it, is quoted extensively by Mr. Hanna as in points. This question was submitted to him, and he proceeds ti remarks Tbe question rt-

to suflkags that it may dispense with »uft to defiance ot citizenship. 1 grant you foot there may be. as the Const!tail oe stands Mftr, entfrafis' wftfeotrt citizenship, bot ean then then, attar tba ameodmeeta, be State and federal citizenship without suffrage?* So au alien may enjoy the right of traattt to his perHrams^fifemtaflamaraM ^ from one state to

purchase, and transmit By descent, rest estate; mar participate in the privileges of foe common schools; rosy bstogattitoto State courts; 3g?aiBmaai& or median?, or :arry on trade; may compete tor premiums at agricultural aad mechanical fairs; protection by the Government; the enjoyment of.life and liberty, with foe right to acquire and possess rospeity ef every kind, and to pumm aafi ohtoto happincaa ami witty; subject noverfoeiaas to aurih restraints as the Governmstttaaay justly prescribe for the general good of the whole. Tbe right of a citizen to pass through, or to reside in any other State, tor purpose of trade, agriculture, professional gnrsuits or otherwise; to claim the benefit ot tbs writ- of habeas corpus; to institute and maintain action? of any kind in the courts of foe State; to take hoki and dis-

ptee of property either real or personal ; ?< bon from higher taxes or impo:

exempt

and an sitions

2®“’ *> ‘he right to vote and bold office in a Soma profound dtormsioM seam to havs been reserved tor a school of lawyers of foto generation, discussions that most constitute tbs dements of a new science. They havs discovered, it would appear from their arguments, that woman and children aro citizens of foe Uaitad States, and con not tots, andstmesqosatly, whoever is a citizra of foe United States can not vosa^ They Imqr riiaaovtasd, •too, that «liras ami Bsgrote hi asms States vote, foarsfororitiMM of foa United State* oan not vote. And, in eoonoction with th*** dto ttoveri**, they invaoted and rocurod the exclusive urov to ados* eorpocifira, of which my friends, John Hanna, Erq., Governor Baker, Senator Lon* and Judge Berkshire, aro members; but, from aU that I can team, they bar* granted sixty day permits to a largo number of gentlemen to use the soma. Tbia invention consists of two syllogisms—tba ana ia called “Tba Patent Elastic Syllogism,’’ and th* other “Th* Duplex Elliptical Syllogism.” By foes* two foa most difficult problem in citizenship eon bs solrsd. By foa use of foe former, it to demonstrated that a citizen has not tbe right to vote, because women and children havs no rrght to vote; and foot aliens and negross in some States vote witbont being citizens; therefor* citizens, not being aliens or ne-

groes, havs no right to vote.

This is fos patent logie that to applied to this qaestioo, which I shall, for tbs auks of limriip tivs psrspecuity, denominate fos “Elastic Syllogism.” It to highly recommend ad by dealers in fos article as an infallible procsss of demonstration, warranted to demonstrate any proposition, in an incredible short space of tims, withsat pain, to keep in any climate, aad to b* adapted to fos capacity of tbe humblest intel-

lect.

judm azzxsHiBz’s oranow.

You will allow ms, by way of further illnstratioo, to refer to a late definition by his Honor, Judge Berkshire, a gentleman for whom I have great res pact, contained in a late decision delivered in tbie State, and now published. Tk* Jadg* has delivered ra opinion to the elfact foot foe thirteenth articls ot fos constitution of Indiana, prohibiting tba immigration ot negroe*, to void, because tbe negro waa a citizen ot foa United States bf birfo, sad foot, being a native born national citizen, this State could net prohibit him from coming to and residing in foto Stats. Now, this conclusion of ths Judge is dearly right, if hto premises are right; that is, if foe negro to a citizen of tbe Uni tad States by birth. For no one will insist that one State can “abridge or impair” tbe right of a citizen of another State to •migrate to and reside in its jurisdiction, on foa asm* terms, and with ths same privilege* enjoyed by its own citizen*. Bat ths unbroken drift of authority, for eighty yearo. to against tbe Judge’s premises. But,

accepting ths opinioti s uw f >r the sihe ol solvi-s itself in two brenebee.viz: Fmt, whit'are j jeet nevertheless to such restraints as the i the argumeat, I put rh:a question to all wbom the rights, privileges, and immuuiiies of citi- ernment may justly prescribe for the general it may concern: It the ueaio is a citizen ot *fce zens” contemplated by the treaty ?-rand sec- J good of the whole. The right of a citizen ol United State?, ami irnii«u.t can uol “aDridge cr ondlV, are any of these bv the Constitution one State to pass through or to reside

impair” h's cons.t'uti.in.1 ••privilege” ot m.gra- withheld from the Choctaws?” ting from one S.»ie to another, aud residing From his statement, the character ot tbe therein a* a ch:ze.j of 'he Stale—and ao a cu:- cose may be seen. But Mr. Cushing niters

than are paid by the ofoSr citizens ofthe State and all these by the local laws of a State, and citizenship is not a condition or prerequisite to their enjoyment. But are they wot anj inseparable incident of national and State citizenship, and can a State abridge or impair

them?

Primarily, the State confers and regulates the elective franchise for its own citizens and denizens, and the enjoyment of tbe right or privilege of suffrage is justly held by the constitutional and legislative polity of every State

monument of citizenship. PRIVILEGES AND IMMUNITIES.

I am through with the question of citizrfship. We will now inquire what are the privileges and immunities of the citizens in the several States. On this I read from, fourth Washington’s United States Circuit Court Reports, wherein the court defines the privi. leges and immunities of national citizens, as

follows:

This confined to those privileges ami immunities which are, in their nature, fundamental which belong, of right, to tbe’citizeus of all free governments, and which have, at all

times, been enjoyed by the citizens of the stvereal States which compose this Union ft'm the time of their becoming free, independuit and sovereign. They may be ail comprehended under the following general head,: Protection by the Government; the enjoyment of life and liberty, with the right to acquire and possess property ol every kind, and to pursue and obtain happiness and safety: >t.l>-

zan ot tbe Um'ed Si tis—how can the same nothing that 1 do not subscribe to.

viwaa Eta ij iaasav.tawauii, wa til ill* | • > l ui vuc Government: and that Is. thwl American citi-zen-hip implies nothing but to be born within tbe United States jurisdiction, and foe enjoy-

cai Becraaiiy, growing oue oi laooreu i prove that a nsgro is a citizen of foe Mate*. S. w, in the sense of being a of the eotmnunlty of tbe national

jurisdiction, and foe enjoy-

ment of foe dews and auniight of llcai en. Bot this untenable ami humiliating doctrine i* a logical necessity, growing out of labored

efforts to prove ’ - ’*

United Mate*,

mem tier of the community

family, U>U U true, but in no other sense. To talk almut an American citizen.in the restricted |K)litieat sense, without the right to vote, is to play ILuulet with the character of Hamlet

left out.

Mow, as the force of argument ts logic, and foe charm of controversy is fairness. I will stste the precise judicial question railed by the drat section of the amendment, and that is this: Can a State deny or impair the privilege of a national citizen In foe political gov•rnmenta! sense of the term, to vote and bold office In a State whose own citizens aro eligible to vote and bold office? To some of you It may at first seem that this U not the posture of the question, but it is, as I will proceed to demonstrate. But an equally exact form- of stating this compound politico-legal question

is tbis:

the a _ and State citizenship,

either of tbe States where be mar reside, and where tbe elective franchise Is enjoyed by the citizens of Mid State? This, also, ts precisely tbe ifuestion staled In another torm. Having been misled by foe discussion of false Isaues in this regard in political circles, tome

clt-

aestion

Cit-

ing in is compuuDU pomico-irgni question ii«: Will the negro, after foe adoption of amendment raising him to United States State citizenship, be entitled to vote in

aJPtf *u itilia i c.ksot ti ill ^rtntLivroi x i* v ivrw, i of you may begin to rocati definitions of ‘ izentbip.” tnd attempt to resolve this qae by criticising somebody's definition of “c tzen.” Whoever lets this question pass Off i same abstract definition of “ citizen,” settle* foe qaantion before getting to It. The ultimate essential question at isoue, as yon will see, lira deeper, sod is not to be decided by any one ef tbe various definitions of M citizen.” But foe way tbe question is being discussed, an i erst mind might infer that it was foe busi

illibnee*

niti ibis

us sophisms,

•Diane ’• DEVHHTfON,

1 o#w Quota ol length from Cashing's ft— leanrarlifameDter/frtir, a York hitfily appro«iat*d by oil iogtoUtiv*:*—afoliro ia foto ooua-

Mr. Cashing aaji.

try. —s—

"In all tba eonatifotioo* citizenship to roqnif«d oa a qualification for fo* axototo* of fo* right of anffrag*; in ■»■*, gtnerslly; ia other*, fort Ot tk* particular State; and (a otiter* •lain, aitiswobip ot fo* United Stataa. Bat wmm—aro MtoautM, iaaNMNk to Aalto to OooMitotioo ef tbe Uaitad State*, Coogron 1* OMiUti •!» ^ ia ibt zSKSSsSaSSs (•til r' Jr. rain

tide; but contenting t

propounding specious and deiusi on the one side, and by ingemo answering them on tbe other. A

versiea that I have noticed, touching definition*, have rather mUtitied sad obscured th* real question than otherwise. You notice that fo* qurati.Hi propounded doe* not assume that •he amendm.-nt of itself may or may not confer foe elective franehlseu ' The qua*tlon ia s a compound one, and can not ba determined without a direct and dear reference to what 1 •hall call tbe "privilege” clause of foe Constitution, aad also to t*e stains of the citizens of a particular State with relation to the *1 ce-

ll ve franchise.

A* our Fodwal Goverumtot jj a compound commonwealth, to to an American citissn, in hi* political qatlitim, attribute*,'capoettm*, privilege*, duties and obligations, a compound mem^ ber of foe body politic, owing a double allegiance to the Federal and State Govern m*uU, paying a double Ux to both, and rendering military service to both, sad discharging to both th* obligation* Lqppovwj by law, apd to rotitlad, in return, to pro taction from both; to •bar* equally in foe iranchlaa* and power that wi*M foe political aovarotgotto* of both, and lo aharo foe cligibiltiy and bonoraof office in both—foto to th* Amerioan deism in foa rootetotad taara of th* common political tow of fo* nation. There to no current definition that to dbaerlptiv* of bim To define a “citizen” t?be one wbo has a right to rote to only to obteuro foe •abject and rsis* * is If* j**u*, for that* to a general, national comprehensive tease iq which th* l«rm may be oa.embracing aavaral classes of ciiizenr, ibat »e jfuow do n<tt vole;

women and minois, iut example.

This definition whan nveraod, to no better. T# *ay that a “volet” to • “citizen,” la fo* national poikieal mm* of fo* term, to I* *ay wbat we most all admit te be practically untrue, because large ciasac* of pereon* hi different Bates nr* voter* without being citiwna for example,

•liens, negroe* and Indian*.

I notice that sorer ol dtotiagutohod politician* of foto Stata fisy* argued foto qoration, at tong rang*, on tbe definition theory, all umag fo* “patent elaatie ayltogtora,” and hart achieved ■oat gratifying victoria* over each other, with? out ever getting in range of foe outwork* aft the quration, wbefora a State may deny a ritiuo of the United State*, and oft foe State wbero ha reride*, the elective franebtoe, and at fo* MB* tin* accord that privileg* to foa rraidne. of ber citizen* aad denizstu? A great deal may be *aid about tbe definition of a “citism," bat no definition of ita«If con dtopoa* of tbe queoMuch may be mid ohoat fo* gaaraataM of of tbo Conotilatioo, to fo* prtvitogra aad irataunities of fo* elrismn of aaoft Scat*, boa tea solution doe* not bingo slooe, on foo sanctity of privileg*; much again Bay baaffinrad of tba abaolat* control of aaefa Slate ovartba

vote and tic vuim f..*r. in common with other

citizens?

Why o,ll the ui.e a tn,.d.«uuuul privilege, ami so inviolate, a <i Lot the o’bci—when that other is ii.comp«rabiy the m.^t valuable tod ez*lted privilege pertaining to cit z-nship? The conrtiiutiutial guar.inty is sacied in the oue

case and not in the other.

It waa upon tbia theory Inal tbe negro was not a ciiizen, that the thirteenth article was ingrafted on the Constitution, aud it to upon tbe theory th-1 be is a citizen that the prohibition is void. But tbo Judge inquires: “Who are tbe natural cftiMim of tbo United States?” Tbe Judge answers tbe queition himself; and be will pardon me if I trifle with hto answer, as be trifles with somebody’s definition oi citizen in foe stereotyped way of referring to women and

children.

His answer to: “ Only those who ore born unde* the nation's flog, and within ber jurisuictioc.” Mow, ay friends, you will take notice that there are a great many native born citizens that were not born under a flig at all, and a great many others born abroad, of parents wbo are American citizens. So, no one is a citizen of tba United States by b rib, unless bora under a flag. So much for foe value of

definitions.

But there is auoiber view of it that fo* Judg* tailed to take, and that to this: if the Southern States should, at some distant day, be raannexad to tba United Statee, foair whole population, Mack rad whit*, would, by a wail known principle of public law hocus* citizens of foo United Stataa by territorial acquisition. Attorney General Bates to tbe author and inventor of the popular “patent ■yllogirm,*' by which he proves that • white, native bora, aatiooal citizen has no inherent rinctaral capacity to vote in a Slat*, because tbe women and children have none. I an also iroe to ray foot there never was a patent more sbamefully infringed by public speaken. But the Attorney General was guilty of an intringemeat himself, for be plagiarized it from Professor Hedges, wbo was tbe author of the syllogism to prove foot man to a monkey First, mao to an imitative animal; a monkey to an imitative animal; therefore, man to a monkey. Men wear hats; women wear hats; there-

fore, men are women.

Bat b* im;roves on Mr. Bates’ syllogism in this wise: American citizens do not ail vote; negroes do not all vote; therefore, tbe negro to on American citizen. But all these logicians wbo uee thi* celebrated ” patent India rubber •yltogism,” containing tbe negro for the major propoeition, and women and children for tbe minor,ore uneooeciously iuoebted to “Professor Buz Fux” for the model ot a syllogism by which •very cat to proved to have three toils. Major proposition: no cat has two tails. Minor propcsilioo: every eat bason* more toil than no cat:

Ergo: every cat has three tails.

But my friend, the Judge, further say#: “So too, a person may exercise political privileges, who is not a citizen of tbe State, or of the United State*, and that till- same person, may

where he

_ _ But

dge then says; “Il to a government of foe people.” And then he asks, “are the negroes people, or are thev not? If they are not people, what are they ? If they are people within the United States, are they not citizens

thereof?”

The Judge then prove* to his fill! satisfaction, foot the negroes are citizens, because they are people. Mow I want to know whether the aliens, of whom he has Just spoken, as exercising foe political privilege of voter, and office holder, without being • eitizen, of either foe Mate, er foe United States, are not “ people," and so citizens of the United SUtes, for tbe same reason that the negro is? I ask, again, qrflefoer they are not "people,” and so, citizens of the United State*? There to something wrong in foe premise*. Judge. Women and minors enn not vote: women nnd minors are citizens of the United States; therefore citizens of the United States can not vote. Again: an alien, in Indiana, may vote: a citizen of the United State*, in Indiana, may vote: therefore an alien ia a eitizen of the United States. This to demonstration made easy, by the use of the “ potent elastic syllogism.” Oor much respected Lieutenant Gov-

Dg niters Nothing

that furnishes the slightest suppo: t to the negative of this issue. For when he sa'“ “*

he right

State to pass through or to resii

other State, for pur professional pursu

the benefit of the writ of habeas corpus: to institute and maintain actions of any kinu in the courts of the State: to take, hold and dis-

i iu any

urposes of trade, agriculture, suits or otherwise; to claim

ose of property, either real or personal: an.I n exemption from higher taxes or imposition;. tban are paid by the other citizens pf the State; may lie mentioned as some of the particular privileges and immunities of citizens

pO: an

says that,

citizen to not nrceesarily an e’ec or, cor eipi bia of being elected to toiitic.l functions,” he only says, what we all know, and admit.

By tbe use of foe patent, an authority which which are clearly embraced by the general dels pointedly against tbe debater, may be turned scription of privileges deemed to be fundato his use b T italicising ceit.in words, as my i mental, to which may be added the e oetive fri«od H.nD,-, qucuujo. from O. JAW SM. ! {^“fflESfiaJgaffctSiaift

decision, well illustrates; by the use of this patent, on ex District Attorney ran quote from Attorney General Cashing’s opinions on the construction oi a treaty with tbe Choctaw and Chickasaw tribe* of Indians, as a good authetity on " citizenship.” By this patent, it isdemomtrated, that the Constitution may endow the

laws or Constitution of tho State in tvhich it is

to lie exercised.

I also quote the following from Sergeant on

the Constitution:

“ It has been held also that the above clause

negro with national citizenship, with all its shall have different or greater rights. Their rights and privileges, among which to the privi- 1 persons and property must be in all respects lege to enjoy the elective franchise, in the same , subject to the laws of such State.

d I add I

Constitution i

rawle ox privileges.

In the second section of the fourth article It is provided that the citizens of ea«tk9tate shall be entitled to all privileges and immunities of citizens in the several States, and the same rule has been ambiguously laid down iu the

ibiguously

inject to the law

manner aid measure as other citizens, and that - And 1 » dd the ing from Kawle on the

there can be but one class of national citizen* in a State, and the State may be inhibited to abridge or impair the privileges of citizenship, yet the State to absolute, and one-half her citi-

zens mvy disfranchise fo* other half.

At this point I will introdne* to yon, as an example of the magical power of the former,

an instance of its use by Esq. Wbat to said in I

■abrtrace of all that ho* bran offered in tbe

negative by any on*.

General Batw, “ BO « _

the argument that fo* right to vote to one of the constitution*! cleauu of American ritizen•hip. “ No person in the United States did ever exercise the right of suffrage tit virtue of the naked, unassisted fact of cUieenskip." “ The child in tU^ cradle, and the father in the Senate, or* equally dtizen* of foe Uaitad States; o*d as to voting or holding office, zs that privilege to not eas«ntial to citizenship, so foe deprivation

of it by law to not a deprivation of citizenship— ^ that of another.

no more st in the east of a negro than in case of Th e evil could not be better remedied than

LVet

each State retained the power of naturalization, it might impose on all the other States such ^citizens as it might think proper, in one State, residenco for a snort tune, with a slight declaration of allegiance, as was the case under the former constitution of Pennsylvania, might confer foo rights of citizeoehip; in another, qualifications of greater importance might be required. An alien, desirous of eluding the latter, might, by complying with the requisites of the former, become a citizen of a State in opposition to its own regulation*, and thus, in fact, the laws of one.State become paramount

„ wlyte woman or child ” Again, says an eminent law writer, “ Electorship and citizenship

by vesting the exclusive power in Congress.

THE STATUS OF DENIZATION. Mo elaboration of mine could add strength or clearness to this enumeration of privileges under the Constitution, and it will be seen that

the elec to the i

ted states .

this subject I

the qualification of it* owa votaro, y*t, tta foot as t« may, fo* Ibm to toft as ffffifrfrfri* as before; and whoever tub mite fo* raoia qqratioo Bo tea arbitrament of either oft there Mata, lose* two-third* of th# gronod on vMflfr ho afoafo. But I make bold to affirm tUt a rational “citi**n’’ in (b* rwtrietad, gnvranBMtal aropo of foe cobboo lb* cUixtna ot that State rojoj foot rtokt. And *" *- “ aotvm to-tt# fo*M*B* eftiMaa (fo fo*

— - —taariv* aro** of. fo* terra) do not vote. •afo-llam equally deer foa* Jratira Gratia’ cate-

»*** Wy. 1 V OH fo* Bgoyrarot of fo* riective fnaebit* in a tUete, by oog who to not a national eitiara, rithra bb Mrtk or ratanlisatioo, BokM Wa • ritiaro.B aotMaad deetria*, •Bfifool b* I^EiM^nirtErorirfo* UniMfl •bib,

ore different things; they ora not, of necesrity, eon araociated facts; a person may be electur and not citizen, or be may be citizen and not

•lector.”

And gtill another: “ Tbs privilege of voting and foe legal capacity for cffice are not wsential , status

to the character oi a citizen, for women are cit- and one not a citizen, and on this subject 1 zens without either.” read the following from Tucker’s Appendix to

I ean concede that ” No person in the United Blackstone:

States ever did exercise the right of suffrage in | ,^ 1 j e P o *V r _ 0 ^, na ^ UI ’ a J 1 * a ^ < ^*>, a ^ d no ^ tbat

virtue of the naked, unassisted fact of citizenship ” And why? Because be must vote, if at all, in a State, and each State regulates th* ballot box, aud each ciiizen must vote at foe time.

iue power oi uaLurauzsuoo, unu not tnat of denization, being delegated to Congress, and the power of denization not being prohibited to tbe States by tbe Constitution, tbat

fill nearly every office m the country ' is a resident.” This U reailiiy granted,

the JmT “

this State.

GOVERNOR BAKER'S LOGIC.

Governor Baker, distinguished for his learning and ability, might hare been expected to reject foe “ patent elastic •rUegiain,” and grapple with the question, in such rugged manner, a» net only to disprove and demolish foe sup oft straw, that fie raised Up, only to be battered down, but to prove that bo un-

derstood the question, and was wilLing to

' V aad not trifle with IL The

.wlag language yond tbe potai-

discuss 4, fiEfrty, and bot trifle with Govenror gravely uses foe folio*

billfy of refutation, foot the rigSt'to vote does not now, sad never did, constitute an element ingredfoat ia American citizenship.” Be it remembereij, that the McDooald definition of

be true,

baa the right to vote, and to hold real estate, must be a citizen; and, raeonndly, every citizen must hare, not only foe right to hold real

estate, but the right to vote.

If I era prove either of tbe following propositions, I destroy the definition, and thereby overthrow foe entire superstructure built

nit. r

tionatS; estate.

ipou u. These propositions are the following, iz: jrirst. That mapy persons are unquesionahly entitled to vote, and to hold real estate, wbo ore confessedly not citizens. Second. That there are many citizens wbo confessedly and notoriously nave no right to vote. Now I pledge myself to prove both of these propositions in such a manner, that foe proof shall bo fully comprehended bf tbe most com-

mon understanding.

My buataran, then, is to prove, first, that many persons have a right to vote, and to bold rani estate, who are noteitizens of the United State*. The next proposition which I am to prove fo that there ore many citizens wbo have Now^Vgrant al) that {a said, tq the foregoing extrart from hi* speech, and still, it ia very apparent, that we have made no progress in

tbe soiuUo&o , red ' J i i *,

Nothing could be more vain, fruitless, snd puerile than foe attempt to demonstrate, either foe affirmative ar fos negative of this issue, by definitions. When I hearth* term “dti- ■**» ” used in this connection, my mental in-

quiry is, in what senrai* tbe term used? For its morailng will depend an foe sense in which tt to used, and Urn definition of a term^foaUto used fo many dlffhreftt Mnras. ran not;be discriminately applied fo- them all. And wbwnr attempts it only stultifies himself aad embarriNU and obecures the procato of legiti-

mate inquiry.

After stating tbea* profound proposition*, and then using, for a short time, the “ patent ohutte' AffRogtara,” be exclaims, in the ecstadea of triumph, fon bare I found, “ that thousands aft praaonsin Indiana, may, aad do, both vote and bold real estate, wbo ar* eitiWhtah S^’x^o 01 orthej^ited State* fo one wbo baa tbd right to vote, and holdnmlMtotokif ttma-who are not rittpBn

do both F’ He then approapbes hia second With palpitating heart, and rinkbe weight of the awful responti-

“s3£S

place, residence, and all other qualifications and disqualifications prescribed for oil tbe citizens of the State And when be complies with tbe conditions common to all citizens, no State ean abridge bis right to vote. i'hus this sophism to answered. Th* subject then naturally divides itself into other considerations. The first to a consideration of th* classes, division* and distinction* among oar people a* a nationality, and th* s*r oral definitions of th* trams “ citizen ” or “ citizenship,” and what they imply. Tbe second consideration relates to foe first danse ol the second section of the fourth artide of the federal Constitution, which secures to the citizens of each State all th* privileges and immanitiw of tho ritisen* in fo* several Statee, within th* puiviaw of which com* all dtlsans of th* United States and oft eaeu Stata. Th* third consideration relate* to th* power ol a Stata to regulate foe efoctiv* franchise, th* relation of oitisenship and daoixentbip to foe State, and foa relation of Stata citizenship and denizenship to tbe •foctive franchise, and the relation of the •lective franchise to national citiztnahip, far It Brat be reafombarod that 1 concede to a State abeolut* power to grant, withhold, and to regulate the elective franchise os to persons wbo ar* not eitizen*, in th* sense of the OOnstitntioa, and fail jurisdiction to regulate aad prescribe reasonable qnalifications and conditions to national citizen* for foe enjoyment of fow privilege, not amounting to a denial or abridgement of fo« right. Tbe absolute power oft a Stata to regulate foe elective franchise for her own eitiseos is ono thing, and fow power to deny or abridg* foa privileges of national citizens, which the State grants to her own citizens, and to discriminate between them to another thing. I eoncode foe one and deny tbe Other. Thee* power* should not be confounded, nor this distinction ignorod in any discussion on

foo question.

The fourth consideration relates to the sna■Mration, tbe essential totalities, the inviolability and tbe judicial interpretation of the “ privileges and immunities” of tb* Constitution,and therein of tbe right to vote and bold office in

the States.

THR rsazB condition* yo CITIflVSHir. Th* three independent but concurrent elements foot enter into a eolation of foo question or* theee, via: First, Tb* fact of ettisanabip of th* United Statas aad of fo* State where a citizen Bay reside. Second, Th* legal fact of • constitutional guaranty of all th* fundamental, civil and political rights and privileg** of inch citizen contianod in section second of foo Federal Constitution, aad whether tbia section embraces political privilege*. Third, Tb* political status accorded by eeah State to ritisen* of th* United StatM and of fo* State in which fo*y Bay reside. To demonstrate this concise but comprehensive proposition requires neither boldnsee nor ability—ft i* foe inevitable logic of tb*-fogal situation. And throe three fundamental conditions must coexist to bring fon negro ritigaa of the United State* and of fo* State in which b* resides within foe coequal enjoyment of foe rights of lUlEiage secured to foe other citixens of fo* aam* State. Or to •tale th* proporitiona differently and to reason from them in the is verse order and by example. If certain political and civil privileges ami immunities fundamental In their character, each ee foe right to wot* sad bold property or* secured end enjoyed by fo* prop)* Of Indian*, citizens imidMiiMa by tbo Conatitatioa er local law* of thi* State, w* do not atop-to inquire

power ought not to be considered as waving to Congress, but, on the contrary, as lieing re-

sited States, or

not bocaua* foo State has a sovereign right primarily to confer or withhold the elective franchise at pleasure. But w* first ascertain whether the ritisens of fo* United States have fo* privileg* to rota by fow organic or other Uw of this State, and it wo find that they do •njoy that privilag* wa than in tb* rocond place inquire whether that pertientar privilege ia one embraced within the privilege danse of foe Constitution of foe Untied States, which wuaranteM prittlegm to fo* dtiiens of Mch State. And, third, if wc find that ft i* aneh privilege thus guaranteed to ritisen* of tho United State* and eft uaeb State, w* thee iequira whether tb* negro to a efttron of fo* United States aad of tb* State in which h« rerides; and the amendment not la*' ‘ ^

.©tigress, out, on me contrary, as being reerved to the States. And as the right of dewi.' :ation did not make a citizen of am alien, tea only placed him in a middle state, between the two, giving him local privileges only, which he was so far from being entitled to carry with him into another State that he lost them by removing from the State giving them. The inconvmiieneies whieb might result from the indirect communication of the rights of naturalized citizens, by different modes of naturalization prevailing in the several Statoe, eould not be apprehended. It might, therefore, have been extremely impolitic in the States to have surrendered the right of den'-

zation.

This article, with some variation, formed a part of the confederation; we have in another place supposed that the States retain the power of admitting aliens to become denizens of the States respectively, notwithstanding the several acts of Congress establishing a uniform rule of naturalization. But such denizens, not being properly citizens, would not, l apprehend, be entitled to the benefit of this article in any other State. They would still be regarded as aliens in every State but in that of which they may be denizens. Consequently an alien, before he is completely naturalized, may be capable of holding lands in one State, but not of holding them in any other. As denjzens, they were placed in a kind of middle state, between aliens and natural be rn citizens; by naturalization they were put exactly in the same condition that they would have been it they bad been born within the State, except so nr as was specially excepted

appropriate ideas id naturaBzation

has affixed such distinct and to the terms denization at

that they ean not be confounded together, or mistaken for each other in any legal transac-

tion whatever.

OPINION OF SUPREME COURT OFTHE UNITED STATES. . . 1 will close the authorities upon this subject with a reference to the derision In 19 Howard United States reports, aad flatter mysetf, if I have not sustained every proposition with which I started out, the autlmrity oft the Supreme Court of the United States, wbi;h 1 shall now read, with extract* from Jnstiee Curtis’ disserttiD" opinion, wilf doteuj? every weak point and conclusively establish tfiU decision in which fo* greatorot and foe prio* ol jadidal intellect waa syssnfoM <m tbe Boat difficult quastion in th* hlghrot doportmect of Amarican jurisprudence, and which, notvith ■taadiag foo critirissos of a partisan press.

Mat MMarcB.'co^nt'dlastrations'and p£fowd MgUMul. Tbia I can say of it, without any reference to it* soundness or onsouQdneea ou foa national statutes of fo* negro, the validity eff foe MtoMori compromise, or tbo right to take slaves into boo territory. These are now drod qMBMDS. alike in tb* cosrts aud at the

aastingt.

..SV*** V*® 8 ** 008 a ere discussed and decided by fo* court, and among them the idem:cal aoestion now ouder consideration. And wmlo I woold already ftel strong ju foo fore* of accumulated antharitie*, I feel absolutely impregnable by adding to th* list so recent, so loss too us, so solemn, so conclnsiv* ta adjudication on foe identical issue under consideration. While Jadg* Caffife disrooted from th# majority of fo* court on aomeof th* point# derided, I do not nndtntoad that there waa ant difference

among fo* judgea as to foto point.

Although fo* opinion of fo* court was Wrtftenby Ohirf Justice Tairey, and was mainly Justice n*r ja*tto* Curtto, who driiyered tt e dissenting opinion on font Qacation, felt called upon to spaat with that discriminating sod rig oroua cxsctMMof language touching the dto tinctioo between th* ritisen for local State purpoe«8 and the ettiaat of tba United Suits for

mholor can a**da or tony fo* *roolto»y font follow* foto * * ‘ -

national purprosa, White they recognize aid discuss tha two claroro ot citizens, with the tocid*®* Mch, I think. Instead of calling one riaro “State eitrsana,” ft would have divested fo* subject of such coofimios if they bad urod

Pi“dtaistt*.’’so highly approved

^7 F-ttM»*J General Imgare, Tucker, Story, and *th*re; test n closer discrimination and a fo** •tttetttaa designation wsrftnol necassiry to tk* propeoro of their argument. Justice Cur mr tegument was framed with great ingenuity

• nnj totatohtoktoRt a negro, wten mad#n voter by -njJ law, thereby become* a eitiaan of to* wm S ** u ‘ sod *o a citizen oft fo* Uaitad State*;

ftattlti te nil privilege# and immunities

under fo* pririlog* ctous* of

■■proto, and oil foot lot readily approbom floeua of analyato at fo* i THE power of • asm

RM pomes* all tb* righto whtoh Bap hatoaff ta -th* ofoar eitiztos. km, for •xompte, fo* right - Ml b* Mcogniaad than w a ri tiara, alj th* State mey MMran hto righm hy foo •-mm?* - AiMffwV> i’-qt-fK-'