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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 1775   View pdf image (33K)
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13

Congress from which the Senators and Representatives of
eleven States of this Union were forcibly and illegally ex-
cluded, was not proposed in accordance with the requirements
of the Constitution and that that fact, of itself, presents an
insuperable obstacle to the ratification of the amendment by
the Legislature of Maryland. But if this fact were otherwise,
your Committee are of opinion that the State of Maryland
could not voluntarily assent to any of the propositions con-
tained in the proposed amendment.

The passions of men, when highly excited, are too apt to
render them blind to, and reckless of, consequences. In the
midst of high political excitement we are in danger of losing
sight of the cardinal principles of our American system of
government. It would be unwise to rashly disturb that ad-
mirable adjustment of the balance of powers between the
Federal and State governments which our fathers made.
They guarded against the dangers of consolidation. That
now is the rock upon which our ship of State is in imminent
danger of being totally wrecked.

The character of our government is thus truly described by
the Supreme Court of the United States in 6 Peters 570.
Judge McLean says: "The powers exclusively given to the
Federal government are limitations upon the State authori-
ties. But with the exception of these limitations, the States
are supreme; and their sovereignty can be no more invaded
by the action of the Federal government, than the action of
the State governments can arrest or obstruct the course of
the national power."

No court, statesman or jurist, in former times, ever ques-
tioned the truth of this fundamental doctrine.

Now let us consider the first section of the proposed Article
XIV.

The first clause of the first section relates to citizenship of
the United States, and of the several States. Its object and
effect is to give to Congress, instead of the State governments,
the right to determine who shall be deemed citizens of a State,
and what residence shall be required to constitute that citi-
zenship. The law upon this subject is already well settled:
"Every citizen of a State is ipso facto a citizen of the United
States." 3 Story on the Const. 565; Rawle on the Const.
85, 86.

"And a person who is a naturalized citizen of the United
States by a like residence in any State of the Union, becomes
ipso facto a citizen of that State." 3 Story, 566.

And the Constitution of the United States declares that
"the citizens of each State shall be entitled to all privileges
and immunities of citizens in the several States."

In the judgment of your Committee, it is not safe to confer
any additional powers upon Congress touching this subject.

The latter clause of the first section declares: "Nor shall

 

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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 1775   View pdf image (33K)
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