What is the testimony of contemporaneous
legislation upon the subject? It is well
known that many of the great men who
framed this Constitution participated in the
legislation of the early Congresses of 1789
and the following years up to 1800. My
friend from Prince George's (Mr. Clarke)
has referred to the act of 1789, prescribing
the form of the oath to be taken by all
State officers, passed in pursuance of, and
to carry out the power contained in article
6, section 1, of the Constitution of the
United States. What is that oath? An
oath of allegiance to the United States ?—
Not at all. It is simply the oath that we
have always had in Maryland, and that
every other State in the Union has for its
State officers—an oath to support the Con-
stitution of the United States.
There is another memorable instance;
the naturalization laws of Congress, If
ever the General Government would at-
tempt to assert a claim of allegiance as
being due to it, you would find it in the
naturalization laws. What do you do with
the man who comes to be naturalized, owing
allegiance to a foreign government? Your
laws first require him to divest himself of
that allegiance; and then instead of taking
upon himself the oath of allegiance to the
government, as in England and other coun-
tries, the only oath he is required to take
is the oath to support the Constitution of
the United States States, and the only oath of al-
legiance is the oath of allegiance to the par-
ticular State in which he happens to be
naturalized. Every man naturalized in
Maryland takes upon himself the oath of
allegiance to the State of Maryland.
Mr. STIRLING. Does the gentleman
state that as an assertion of Constitutional
law?
Mr. MILLER. I make that assertion. He
takes the oath to support the Constitution
of the United States, and whenever he takes
any other in Maryland it is to be faithful
and bear true allegiance to the State of
Maryland.
As another instance of cotemporaneous
legislation upon that subject by Congress,
let me refer to the Rules and Articles of
War the last section of which is as follows:
"All persons not members of, nor owing
allegiance to any of the United States of
America, who shall be found lurking as
spies," &c.
Here is a recognition by Congress in the
very Articles of War, that persons owed
allegiance to the several States. The claim |
of allegiance to the United States never was
made until the act of Congress passed in
1861.
What is the precedent set by other States
from the day of the adoption of this Con-
stitution to the present time? What inter-
pretation have they put on this instrument ?
If you refer to the State Constitutions you
will find that in all the States which com-
pose this Union, the term allegiance is found
in only lour or five of them. In all other
cases it is an oath to support the Constitu-
tion of the United States and of the several
States. In Massachusetts, New Hampshire
and some other States, as well as in Mary-
land, they do speak of allegiance; but what
is that allegiance, and to whom is it due?
Always and forever, allegiance to the State,
and not to the United States. To the mem-
orable instance of Massachusetts, I will call
the particular attention of the Convention.
Here is the form of oath in the Constitution
of 1776 of that State.
"I, A, B., do truly and sincerely ac-
knowledge, profess, testify and declare, that
the Commonwealth of Massachusetts is, and
of right ought to be, a free, sovereign and
independent State, and I do swear that I
will bear true faith and allegiance to the said
Commonwealth, and that I will defend the
same against traitorous conspirators, and
all hostile attempts whatever," &c.
Here it is claimed that the State was sov-
ereign and independent after the Declara-
tion of Independence. Then the oath pro-
ceeds to renounce and abjure all allegiance,
subjection and obedience to Great Britain
and every other foreign power.
There is another remarkable thing in the
Constitution of Massachusetts. They have
asserted the true doctrine of State Rights,
not the doctrine, as I have already said,
from which secession can be deduced; but
the true doctrine of State Bights. In the
4th article of their bill of rights it is de-
clared :
"The people of this Commonwealth have
the sole and exclusive right of governing
themselves, as a free, sovereign and inde-
pendent State; and do, and forever hereaf-
ter shall, exercise and enjoy every power,
jurisdiction and right, which is not or may
not hereafter be by them expressly delegated
to the United States of America in Congress
assembled."
This article was adopted before the adop-
tion of the Constitution of the United
States. They have had, however, in that
State several Conventions to change their |
