twenty years, and yet not be a citizen of this
State. He wished to confine the right of suffrage
to the citizens of the State. When any foreign-
er resident among us is naturalized, he becomes,
eo instanti, a citizen of the State. There was
no ground then for the new born sympathy of
the gentleman from Anne Arundel, for naturali-
zed foreigners, which he confessed himself un-
able to comprehend. He did not wish to open
the door for the admission of voters from other
States who had no right to political privileges
here. He would therefore oppose the insertion
of the words "citizens of the United States." He
thought the term "citizens of this State" prefer-
able.
Mr. RIDGELY repeated that an alien might by
Act of Assembly be authorized to hold real es-
ate, he, eo instanti, becomes a citizen of the
State, except as regards the right of voting.
Mr. SPENCER inquired if a person in that po-
sition could be called on to serve in the militia.
Mr. RIDGELY supposed not. It was idle how-
ever, to waste time in describing these distinc-
tions. The amendment of the gentleman from
Anne Arundel would cover the whole ground.
Mr. GWINN put a case by way of analogy.
Mr. CRISFIELD asked by what role a "citizen
of this State" is defined ? Who is a citizen of
the State of Maryland ? The term is indefinite.
Unless defined by the Constitution, the Legisla-
ture will have power to declare who are citi-
zens. The power of the Legislature in this re-
spect should be limited. Unless restrained by
express provision of the Constitution, the Legis-
lature might declare that persona not naturali-
zed should be citizens of this State. Was the
gentleman from Prince Georges prepared to en-
trust this power to the Legislature without re-
straint ?
Mr. BOWIE thought that his friend, who had
put this question, might have learned from the
elementary books what was meant by the term
citizen. As soon as allegiance to a government
begins, citizenship also begins. It begins with
birth, in the case of the native, with naturaliza-
tion, in the case of an alien. Allegiance to the
United States was citizenship of the United
States. He was of opinion that no unnaturali-
zed foreigner could be a citizen of Maryland.
Any law which should admit such, would be un-
constitutional. He had no doubt of it.
Mr. CRISFIELD thanked his friend) for his re-
ference to the elementary books, but he was not
satisfied with the answer. It is admitted that
neither this Convention, nor the Legislature,
could confer any of the rights of a citizen of the
United States. But Maryland is a sovereign
State and can apportion political power at dis-
cretion, to any or all classes of her inhabitants,
to be exercised within her limits. She may
grant to an alien all the privileges of a citizen
of the State; and allegiance will begin when the
grant is accepted.
Mr. SPENCER referred to the language "free
white citizen" used in the amendment of the
gentleman from Kent, and also in the Constitu-
tion, and asked whether a foreigner could be a |
citizen of the United States? Could any law of
the State make him so? The power of pass-
ing naturalization laws was ceded by the States
to the General Government, and Congress alone
has the power to declare who shall be citizens
of the United States. No man then, who is not
a native of the United States, can be made a
citizen of the United States except by the United
States. Then, as the gentleman from Prince
Georges says, allegiance and citizenship begin
together. So common sense tells as that a citizen
of the State must have been born in the State,
or must come in by process of laws. Every naturalized
foreigner is a citizen of the United,
States, and of every State of the Union, and after
a proper residence in Maryland would be entitled
to the privileges of a citizen of Maryland. He
saw no difficulty the thing. In case of invasion,
could not the United States summon these persons
to the field to defend the United States?
Mr. CRISFIELD. Naturalization confers only
civil and not political rights. Political rights
are the fruits of State sovereignty. The arguments
of the gentleman from Prince George's
and Queen Anne's had failed to convince him.
The States alone could apportion political power
and declare what classes of persons shall enjoy
it, and on what terms. In Illinois aliens are permitted
to vote; and is Illinois more sovereign
than Maryland? The power exists in the State,
and unless restrained by the Constitution, the
Legislature may exercise it.
Mr. BRENT, of Baltimore city, made a few re-
marks, in which he stated that it had been decided
that as soon as a naturalized citizen of the
United States enters any State of the Union to
settle and fix his residence there, he becomes
ipso facto, a citizen of the State, and if he conferrs
to the terms of the law fixing the term of residence
required for qualification to vote, gains a
right to vote. The course of Illinois and her
construction of her power constitute no rule for
our action.
Mr. RIDGELY, read from the Constitutions of
six of the States, extracts to show what constructions
were put on the term citizen. In those ex-
tracts the word was used in a broad sense.
Mr. JENIFER referred to the Constitution of
the United States, and asked if any gentleman
supposed that any question could, ever arise to
bring this question into dispute. He, himself,
felt very clear on the subject, until the arguments
he had now heard from the distinguished lawyers
round him, bad instilled a doubt into his
breast.
Mr. DORSEY said a few words, in reply to the
gentleman from Prince George's, restated what
be had before urged in defence of the amendment,
and said, although be was guilty of pertinacity,
as was asserted by the gentleman from Prince
George's in adhering to his opinion after its emphatic
contradiction by the gentleman from
Prince George's, who says, there can be no doubt
on the subject. Yet, having formed his opinion
on the subject, after mature deliberation, he
could not be induced lightly to abandon it, and
hope he would be excused for adhering to it, after
a charge of pertinacity for venturing to differ |
