History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
It is impossible now to determine how numerous this body of persons
were, in whose favor the attempt was made to establish an exception to
the rule; and their numbers constitute a fact that is now historically
important only in its bearing upon a principle of the Constitution.
From the arguments of those who sought to introduce the exception, it
appears that fears were entertained that the retrospective operation
of the rule would expose the acceptance of the Constitution to great
hazards; for the States, it was said, would be reduced to the dilemma
of rejecting it, or of violating the faith pledged to a part of their
citizens. Accordingly, the implied obligation of the States to secure
to their citizens of foreign birth the same privileges with natives
was urged with great force, and it was inferred from the notorious
inducements that had been held out to foreigners to emigrate to
America, and to avail themselves of the easy privileges of
citizenship. Whether the United States were in any way bound to redeem
these alleged pledges of the States, was a nice question of casuistry,
that was a good deal debated in the discussion. But in truth there was
no obligation of public faith in the case, the disregard of which
could be justly made a matter of complaint by anybody. When the States
had made these persons citizens, and through the Articles of
Confederation had conferred upon them the privileges of citizens in
every State in the Union, they did not thereby declare that such
adopted citizens should be immediately eligible to any or all of the
offices under any new government which the American people might see
fit to establish at any future time. To have said that they never
should be eligible, would have been to establish a rule that would
have excluded some of the most eminent statesmen in the country. But
the period in their citizenship when they should be made eligible, was
just as much an open question of public policy, as the period of life
at which all native and all adopted citizens should be deemed fit to
exercise the functions of legislators. If the citizen of foreign birth
was disfranchised by the one requirement, the native citizen was
equally disfranchised by the other, until the disability had ceased.
The question was decided, therefore, and rightly so, upon large
considerations of public policy; and the principal reasons that
exercised a controlling influence upon the decision, and caused the
refusal to establish any exception to the rule, afford an interesting
proof of the national tone and spirit that were intended to be
impressed upon the government at the beginning of its history.
Public-domain text, read in full here on John Shaqi.
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