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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 5105   View pdf image (33K)
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JOINT RESOLUTIONS. 893

excitement, we are in danger of loosing sight of the
cardinal principles of our American system of
government. It would be unwise to rashly dis-
turb that admirable adjustment of the balance of
power between the Federal and State Governments
which our fathers made. They guarded against
the danger 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 18 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 autho-
rities. But with the exception of these limita-
tions, the States are supreme, and their sover-
eignty 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 questioned the truth of this fundamental
doctrine.
Now let us consider the first section of the pro-
posed Article XIV.
The first clause of the first section relates to the
citizenship of the United States, and of the seve-
ral States, its object and effect is to give to Con-
gress 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 citizenship. 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 Constitution, 565: Rawle on the
Constitution, 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 de-
clares that " the citizens of each State shall be
entitled to all privileges and immunities of citi-
zens in the several States."

Report of the
Committee,



 
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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 5105   View pdf image (33K)
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