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. The new Constitution
Public-domain text, read in full here on John Shaqi.
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