Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
If the Legislature in 1782 recognized as citizens some of those persons
whose estates were confiscated for adhering to Great Britain, and for
being disaffected to America _a fortiori_, did it not recognize as a
citizen one whose estate was not forfeited, who had not been deemed
worthy of punishment, and who had been absent under the sanction of the
law?
By the constitution of South Carolina it appears, that no person was
eligible to a seat in the Legislature until he had resided three years,
nor to a seat in the Privy Council until he had resided five years in
the State. He had a seat in both those bodies before he had resided two
years in the State of South Carolina, and no objection was ever made on
that score. He could not have been qualified for either, had not the
people of South Carolina deemed his residence in that State, such a
residence as gained him a qualification; or had they not supposed the
qualification required in the constitution applied only to new comers
and new citizens, for whom that residence was necessary to wean them
from their local prejudices and national habits, and to attach them to
the commonwealth. Had they not, in short, supposed him to have been a
citizen during the revolution, and attached to his native State by every
tie which could bind an individual to any country. Three years'
residence was either not required of him, or his former residence was
deemed within the meaning of the constitution.
An act to confer the right of citizenship on aliens was passed March 26,
1784. For the purpose of possessing the subordinate rights of
citizenship, such as an exemption from the alien duty, a residence of
one year, and taking the oath of allegiance, was sufficient. To confer a
right of voting at elections, a person must have been admitted a citizen
two years prior to his voting; but for the higher privileges of a
citizen, being eligible to offices of trust, to a seat in the
Legislature and Privy Council, the alien must have been naturalized by
law. Now, in November, 1784, he was elected into the Legislature, and
took his seat without objection in January, 1785, and was elected into
the Privy Council, October, 1785; all without being naturalized by law.
In October, 1785, when he was elected to the Council, his election was
opposed, but the objection now brought forward was not then made; and
the memorialist himself, who was a member of the Legislature, voted in
favor of the choice; though, unquestionably, unless he was considered by
the Legislature as a citizen before he returned to Charleston, nothing
had afterwards occurred to make him so, and the alien act of 1784
positively required a naturalization by act of Assembly to give him a
qualification.
Public-domain text, read in full here on John Shaqi.
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