Constitutional history -- United States -- Sources; Constitutional law -- United States
The dissimilarity in the rules of naturalization has long been remarked
as a fault in our system, and as laying a foundation for intricate and
delicate questions. In the fourth article of the Confederation, it is
declared "that the FREE INHABITANTS of each of these States, paupers,
vagabonds, and fugitives from justice, excepted, shall be entitled to
all privileges and immunities of FREE CITIZENS in the several States;
and THE PEOPLE of each State shall, in every other, enjoy all the
privileges of trade and commerce," etc. There is a confusion of language
here, which is remarkable. Why the terms FREE INHABITANTS are used
in one part of the article, FREE CITIZENS in another, and PEOPLE
in another; or what was meant by superadding to "all privileges
and immunities of free citizens," "all the privileges of trade and
commerce," cannot easily be determined. It seems to be a construction
scarcely avoidable, however, that those who come under the denomination
of FREE INHABITANTS of a State, although not citizens of such State, are
entitled, in every other State, to all the privileges of FREE CITIZENS
of the latter; that is, to greater privileges than they may be entitled
to in their own State: so that it may be in the power of a particular
State, or rather every State is laid under a necessity, not only to
confer the rights of citizenship in other States upon any whom it may
admit to such rights within itself, but upon any whom it may allow to
become inhabitants within its jurisdiction. But were an exposition of
the term "inhabitants" to be admitted which would confine the stipulated
privileges to citizens alone, the difficulty is diminished only, not
removed. The very improper power would still be retained by each State,
of naturalizing aliens in every other State. In one State, residence
for a short term confirms all the rights of citizenship: in another,
qualifications of greater importance are required. An alien, therefore,
legally incapacitated for certain rights in the latter, may, by previous
residence only in the former, elude his incapacity; and thus the law of
one State be preposterously rendered paramount to the law of another,
within the jurisdiction of the other. We owe it to mere casualty, that
very serious embarrassments on this subject have been hitherto escaped.
By the laws of several States, certain descriptions of aliens, who had
rendered themselves obnoxious, were laid under interdicts inconsistent
not only with the rights of citizenship but with the privilege of
residence. What would have been the consequence, if such persons, by
residence or otherwise, had acquired the character of citizens under the
laws of another State, and then asserted their rights as such, both to
residence and citizenship, within the State proscribing them? Whatever
the legal consequences might have been, other consequences would
probably have resulted, of too serious a nature not to be provided
against.
Public-domain text, read in full here on John Shaqi.
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