WRITINGS OF 5AM HOUSTON, 1858
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in opposition to the spirit and the letter of the Federal Constitu- tion. Originally the right to naturalize foreigners belonged to the colonies respectively. The power did not belong to the old Confederation; but when the Constitution of the United States was formed, and the power to provide for the naturalization of foreigners was given by it to Congress, and it was given for the purpose of establishing a uniform rule. The several States at that time delegated to Congress express power to pass uniform laws of naturalization. The States made no reservation of any portion of that power, but gave all to the Congress of the United States. Congress, under this grant of power, has proceeded to pass naturalization laws, and some of the States, in contravention of them have undertaken to make aliens citizens of the several States, who are not citizens of the United States. Sir, to my mind, it is an absurdity to say that a man can be a citizen of a State, with Federal relations, who is not a citizen of the United States; and that an alien can have a right, by virtue of State authority, to vote for members of Congress and presidential electors, because the State confers upon him the power to vote for the most numerous branch of the State Legislature. I think there is an inconsistency between the power delegated to the Federal Govern- ment over this subject, and the power which has been attempted to be exercised by some States. I insist that no man can be a citizen of a State who is not a citizen of the United States. The greater must include the less. The Federal Government being more extensive than a State government, and embracing all the States, must have an overriding power on this subject, under the grant contained in the Constitution. This power is expressly granted to Congress, and hence a State cannot exercise it. Moreover, to show the inconsistency of it, do you not see at once that if you allow the States to exercise this power, there will be no uniformity. There was not uniformity in this respect before the adoption of the Federal Constitution, and for that reason the power was conceded to Congress to pass naturalization laws which should be uniform in all the States. I admit that a State has the power to restrict and regulate citizenship and to say who shall be citizens, provided the persons whom they admit are citizens of the United States. If the Government of the United States has passed a law for the purpose of naturalization, and has naturalized a foreigner under it, any State can require him to remain in the State for a reasonable length of time before allowing him to exercise the rights of citizenship within that State, but it cannot unmake him as a citizen of the General Government. A man may
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