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
The constitution of South Carolina is silent as to citizenship, but
allowed any person to vote at elections who had resided a year in the
State, and paid a certain tax; to be a member of the Assembly he must
have resided three, and to be a Privy Councillor five years previous to
his election, but nothing was said about citizenship. The act of 1784,
however, expressly defined who should and who should not be deemed
citizens; and, consequently, all persons who did not become citizens
must have been held to be aliens, and considered so, till they had
conformed to the alien act of 1784. Now, as he was admitted to offices
of trust, to which aliens were not admissible, and as he was admitted to
them without having the rights of citizenship conferred upon him, in
pursuance of that act, it followed clearly, that the people of South
Carolina and the Legislature acknowledged him to be a citizen by virtue
of the revolution.
He went on to observe, that, from the doctrine laid down by the
memorialist, it was difficult to ascertain when he did become a citizen
of South Carolina. When he was admitted to the bar in 1784, he did no
act which made him a citizen, the bare act of taking an oath of
qualification to an office could not convert an alien to a citizen. The
constitution seemed to imply a mere residence of a year, by giving a
right to vote, gave a right of citizenship; if that were the case, and
if his residence prior to the revolution was considered such a residence
as the constitution required, then he was a citizen, by virtue of the
constitution, after having resided a year in Carolina. Now, it was
clear, his residence prior to the war was deemed such a residence as the
constitution required; because he was admitted to vote and admitted to a
seat in the Legislature and Council by right of such residence, not
having had the requisite residence since the war, and yet being deemed
qualified. If, therefore, that part of the constitution which gave a
right of voting, in consequence of a year's residence and paying a
certain tax, virtually conferred citizenship, by giving a right to vote,
(and it appeared absurd that a right to vote should be given to persons
not citizens,) and if, also, his residence, prior to the revolution, was
deemed a sufficient residence, then he was a citizen by virtue of the
constitution.
The points that seemed most to be relied upon by the memorialist were:
1st. That residence was actually necessary to confer citizenship, or, in
other words, that a person could not become a citizen of a country, till
he has resided in it.
2d. That a person could not become a citizen till he was of age to
choose his country.
Public-domain text, read in full here on John Shaqi.
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