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denied or attempted to obviate the great truths | acquiescence on the part of this commonwealth contained in those resolutions, we have now in the constitutionality of those laws, and be only to submit to a candid world. Faithful to thereby used as precedents for similar future the true principles of the Federal Union, un- violations of the federal compact--this comconscious of any designs to disturb the har- monwealth does now enter against them its mony of that Union, and anxious only to solemn protest. escape the fangs of despotism, the good people Extract, &c. Attest, T. Todd, C. II. R. of this commonwealth are regardless of censure In Senate, Nov. 22, 1799—Read and conor calumniation. Least, however, the silence curred in. of this commonwealth should be construed into
B. THURSTON, C. S. an acquiescence in the doctrines and principles advanced and attempted to be maintained by the said answers, or least those of our fellow-citizens throughout the Union who so
The Act of March 26, 1804, divided all widely differ from us on those important sub- that country ceded by France to the United jects, should be deluded by the expectation, States under the name of Louisiana, into two that we shall be deterred from what we con- territories, constituting the southern portion ceive our duty, or shrink from the principles
thereof the territory of Orleans. oontained in those resolutions—therefore,
The tenth section of the bill contained the Resolved, That this commonwealth considers following provision : the Federal Union, upon the terms and for the
“It shail not be lawful for any person or persons to impurposes specified in the late compact, as con- port or bring into the said territory. froun any port or place ducive to the liberty and happiness of the cure to be so importer or brought. or knowingly to aid or several states: That it does now unequivocally assist in so inporting or bringing any slave or slaves, which declare its attachment to the Union, and to thousand seven hundred nnd nmety-eight, into any port or that compact, agreeably to its obvious and place within the limits of the United States, or which may real intention, and will be among the last to of the United States ; und every person so offending, and seek its dissolution : That if those who admin-, being thereof convicted before any court within said terriister the general government be permixed to tory, baving competent jurisdiction, shall forfeit and pny for transgress the limits fixed by that compact, three hundred dollars, one moiety for the use of the United by a total disregard to the special delegations States, and the other to the use of the person or persons of power therein contained, an annihilation of who shall sue for the same; and no slave or slaves shull,
directly or indirectly. be introduced into said territory, exthe state governments, and the creation upon rept by a citizen of the United States, removing into said their ruins of a general consolidated govern- territory for actual settlement, and being at the time of such ment, will be the inevitable consequence: slave iniported or brought into the said territory, contrary That the principle and construction contended to the provisions of this act, shall thereupon be entitled to fur by sundry of the state legislatures, that and receive his or her freedom.” the general government is the exclusive judge The bill authorizing the people of Orleans of the extent of the powers delegated" to it, territory to form a constitution and state stop nothing short of despotism-since the government, reported in the Ilouse by Mr. discretion of those who administer the gov- Macon, of North Carolina, from a committee ernment, and not the Constitution, would be to whom had been referred the memorial of the measure of their powers: That the several the legislature of that territory, was brought states who formed that instrument being to a vote in the Ilouse on the 15th of January, sovereign and independent, have the unques- 1811. tionable right to judge of the infraction; and The opposition to the bill in the House grew that a nullification by those sovereignties of out of the want of power contended for by all unauthorized acts done under color of that those who opposed the bill to admit new states instrument is the rightful remedy: That this created out of territory not originally within commonwealth does, under the most deliberate the limits of the United States. To use the reconsideration, declare that the said alien and language of Mr. Quincy, of Massachusetts, sedition laws are, in their opinion, palpable who spoke against the billviolations of the said Constitution; and, how
“ The creation of new states or political erer cheerfully it may be disposed to surrender sovereignties, without the original limits of its opinion to a majority of its sister states, in the United States, is a usurpation of power matters of ordinary or doubtful policy, yet, not warranted by a sound construction of the in momentous regulations like the present, Constitution.” which so vitally wound the best rights of the The vote on the passage of the bill in the citizen, it would consider a silent acquiescence House was yeas 77, nuys 36. as highly criminal: That although this com- The negative vote was as follows :monwealth, as a party to the federal compact, will bow to the laws of the Union, yet it does, of N. II., Chamberlin of Vt.. Chittenden of Vt.. Davenport at the same time, declare that it will not now, Gold of Ń. Y., Ilale of N. II., Neister of Pa., Ilubbard of Vt., or ever hereafter, cease to oppose in a consti- Huntington of Conn., Jacksou of R. I.
, Jenkins of Pa., Key tutional manner every attempt, at what quar- of N. C.,
Milnor of Pr., Moseley of Conn., l'enrson of N. C.. ter soever offered, to violate that compact. Pitkin of Conn., Potter of R. 1.
, Quincy of Mass., Stanley of And, finally, in order that no pretext or Talmadge of Conn., Van Dyke of Del., Van Horn of Md., Van
N. C., Sturges of Conn., Swoope of Va., Taggart of Mass., arguments may be drawn from a supposed | Rensselaer of N. Y., Wheaton of Mass., Wilson of N. U.
Messrs. Bigelow of Mass., Blaidsord of N. 11.. Chamberlain
In the Senate, January 30, 1811, on motion American PARTY OF. of Mr. Dana to amend by inserting the fol
From speech of Mr. George Eustis, of La., lowing proviso,
in House of Representatives, January 7. Providel, That this act shall not be under
1856:stood to admit such state into the Union as aforesaid, unless each of the states shall con
We hold, sir, in Louisiana, and we hold it sent to the same,
as a cardinal maxim--and I hope to God that It was negatived as follows:
it will be so held in every state of this Union YE: 13.--- Messrs. Bradley of Vt., Champlin of R. I., Dana of that religious faith is a question between Com. German of y. Y.. Gilman of N. II.. Goodrich of Conn., each individual and his God; and we consider Ilorsey of Del., Lloyd of Mass., Pickering of Mass., Reed of that any attempt to abridge or circumscribe
NAYS. – Messrs. Campbell of 0., Clay of Ky, Condit of N. religious freedom is unworthy of our great J. Fraukiin or N. C., tiaillard of s.c., uregy of Paz, Lambert country, and must be repudiated by every son of V... Smith of Mu., Smith of N. Y., Tait of Ga., Taylor party in this country. We consider that it is of S.C., Turner of N. C., Whiteside of Tenn., Worthington in violation of the organic laws of the land ;
and in that spirit the American party in LouOn motion of Mr. Dana, further to amend, isiana repudiated the eighth article of the Provide:1, That this act shall not be under- Philadelphia platform; and, sir, I now repustoɔ:l to admit such state into the Union as diate it in toto. I care not, sir, what construcaforesaid, unless there shall be a constitutional tion gentlemen, in perfect good faith, may be amendment empowering the Congress to ad- pleased to pụt upon it. I know that gentlemen mit into the Union new states formed beyond have addressed this House, and told us that the boundaries of the United States, as known they meant nothing by the eighth article of and understood at the time of establishing the the Philadelphia platform ; that is to say, Constitution of the United States.
that the construction which they place upon It was determined in the negative, yeas 8, it could not be considered as offensive as naye 17.
against American Catholics, and therefore as The vote was the same as in the previous inoperative and innocent as against that class amendment, with the exception that Messrs. of our citizens. But, Mr. Clerk, as I said beBradley, Ilorsey, and Robinson did not vote at fore, I care not what construction they put all on this.
upon it. I listened with pleasure to the reThe bill passed the Senate on the 7th of marks of the eloquent gentleman from the February, 1811, by a vote of yeas 22, nays 10. Louisville district (Mr. Humphrey Marshall],
YEAs.—Messrs. Anderson of Tenn., Brent of Va., Campbell, and I am satisfied that that gentleman agrees Clay, Condit, Crawiord, Cutts, Franklin, Gaillard, Gress, with me entirely. I am satisfied that the Smith of N. Y., Tait, Taylor, Turner, Whitesile, Worth: honorable gentleman from the Louisville dis NAYS.-Messrs. Bayard of Del., Champlin, Dana, German, Catholics. I am satisfied that, when he says
trict does not intend to proscribe American dilman, Goodrich, Horsey, Lloyd, Pickering, Reed. The House and Senate disagreed upon some
that he is in favor of the broadest religious amendments , which agreements were finally of his heart, and that he stands with me, where
liberty, what he says comes from the bottom reconciled, and the bill became a law by the approval of the President on the 20th of Febru- every American must stand, upon the broad
basis of religious liberty. [Applause in the
galleries.] The territory of Orleans, in pursuance of
But, as I said before, I care not what conthe act, formed a state constitution under the
struction is put upon it. The words are there name and title of the State of Louisiana in white and black, and they are offensive and This constitution was communicated to Con: insulting to the American Catholics of Ameri. grese on the 3d of March, 1812, by President state of Virginia during the last state election.
Let us look at what took place in the Madison. The bill for the admission of Louisiana, What was the construction which the Ameri
can candidate for governor of that state placed reported by Mr. Dawson in the House, from a coinmittee appointed on the message of the upon the eighth article of the Philadelphia President relative thereto, passed the House platform? We all know that, in the early on the 20th of March, 1812, by a vote of yeas a letter in which he said he never would vote
part of his canvass, that candidate published 79, nays 23.
for a Catholic. Thank God, that gentleman The negative vote was as follows:
was defeated, and, sir, he ought to have been Messrs. Bleecker of Y. Y., Champion of Conn., Chittenden of Vt, Ely of Mass., Emott of N. Y., Fitch of N. Y., Jackson defeated. There was enough in that letter to of R. 1., Law of Conn., Lewis of Va., Livingston of N. Y., defeat ten thousand candidates for governor ; Milnor of Pa., Mosely of Conn., Pearson of N. C., Pitkin of and I trust that every man who holds such Seybert of Pa., Stuart of Md.. Sturges of Conn., Tallmadge odious and monstrous doctrines, will ever of Conn., Wheaton of Mass., White of Mass.
meet with as deep a political grave as the The bill passed the Senate on the 31st of honorable gentleman, the American candidate March, 1812, with some amendments, which for governor of Virginia, has met with. were concurred in by the House, and it be- I
agree with the honorable gentleman from came a law by the approval of the President, Mississippi (Mr. Bennett) when he says, if in the 8th of April, 1812.
the eighth article of the Philadelphia platform Thus Louisiana was admitted as a state. does not mean to proscribe Catholics, it means
nothing. And, sir, what can it mean? I be- | against Catholicism; and I would rather that lieve it means nothing. It is a mere abstrac- this right arm should wither than be connected tion—a mere idle concession to the prejudices with any party whose purpose it is to perseof one class of religionists and has no place cute the Catholics of this great country. in a national platform. And I undertake to Gentlemen talk about the Papal power. The show to this House, if they will take the de- honorable gentleman from North Carolina claration of the members of the National (Mr. Reade] the other day asked the honoraAmerican party upon this floor, and if they ble gentleman from Georgia, (Mr. Stephens), will examine the eighth article of the Phila- whether he would vote for a Catholic whose delphia platform, that they will find that it religious opinions he suspected of being hosmeans nothing, because the cardinal princi- tile to the general interests of this country. ple--the great principle, according to my What right has that gentleman to challenge understanding—of the American platform, is the nationality of his peer, his equal, and this ; that none but native-born Americans require him to purge his conscience, before he should be elevated to office ; therefore, if none can hold communion with him on the footing but native-born Americans are to be elevated / of an American citizen ? What right have to office, all foreigners are excluded—foreign you to denounce him as a traitor to his counCatholics are excluded, foreign Protestants try, and compel him to stand before your bar are excluded, and foreign Jews are excluded. as a criminal-as an individual hostile to the And they are not excluded on account of their institutions of your country? religion, but on account of their birth; there- I tell you, gentlemen, you have just as much fore, if foreign Catholics are excluded on ac- right to put your hands in another man's count of their birth, and not on account of pocket, to see if the money he has belongs to their religion, the only Catholics who remain him, as to take that position towards the Ameto be dealt with, and the only Catholics who rican Catholic—as to dare to presume to ask can come up and be considered as candidates him whether he entertains opinions hostile to by the American party, are the American the institutions of this country. Catholics. They are the only Catholics who Gentlemen ought to recollect that here, in can be considered as candidates by the Ameri- this Congress, there is not a single Catholic can party, because all foreigners are excluded; priest. And, for my part, I am opposed to all and, as I said before, foreign Catholics are religious interference with our political affairs. excluded by coming within that designation. I am in favor of maintaining and keeping up
Mr. Valk. I suggest to the gentleman the divorce between Church and State which from Louisiana, with great courtesy and kind- has been established by our great fathers. But, ness to him, that, at this particular stage of sir, that very same reason which makes me a the proceedings in the call of the roll, he deadly enemy of Catholic interference with should be kind enough to suspend his remarks our institutions, makes me blush for my counfor the present. [Laughter, and cries of “Go trymen when I see the Protestant Church soilon !”]
ing its robes by draggling them in the mire of Mr. Eustis. I would accept of the gentle politics. Your legislatures are filled with genman's suggestion, but I beg to inform him that tlemen who wear white cravats and black I have but little more to say. The gentlemen coats. Your Congress has a large proportion whom I am addressing now are not the Demo- of these clerical gentlemen. And I ask you, cratic party of this House. The gentlemen with all due respect and all due courtesy to whom I am now addressing belong to the Na- gentlemen of the cloth, to show me a Catholic tional American party, and I want them to priest or an accredited agent of the Church of understand distinctly where I stand. I am Rome in this hall. Gentlemen who talk about no Catholic, and I have been but seldom within the Pope of Rome ought to recollect that that the walls of a Catholic church-and that, how- poor old man, who is an object of such terror ever, is nothing in my favor. I say I desire to them, is now in the custody of a guard of that they should understand exactly where I French soldiers. stand; and I tell them that by that eighth ar- But, Mr. Clerk, I have consumed more time ticle of the Philadelphia platform, according than I desired to have done. I will simply to the view I take of it, they either exclude close my remarks by asking the gentleman or intend to proscribe American Catholics, or from North Carolina (Mr. Reade] where he they mean nothing, because gentlemen have gets the authority for thus blackballing his stated upon this floor that they did not intend peers, his equals, the Catholics ?-where he to proscribe American Catholics. Then, gen- gets the authority for stamping them as the tlemen, if you mean nothing by that article mere tools of the Pope of Rome ? --where he of the platform, in the name of God strike it gets the authority for considering them as unout, for it is a blot upon the history of our worthy of participating in the great councils country. Every one knows, who has given of this country? Does the gentleman find his any thoughts to the prospects of this Ameri- authority, or will he find it, in the Constican party, that that article has driven thou- tion of the United States? Will the gentlesands from our ranks who coincided with us man find it in the treaty between France and in other respects. The American people are the United States, by which the territory of generous, and you have excited that generosity. Louisiana was ceded to this country, and by They will not agree with you in this crusade which the religious rights of its ichabitants
trere guarantied to them? Will the gentle- | can interests or, in other words, a fervent
fitably in the Philadelphia platform ?. I will American institutions and American interests
Mr. Clerk, the American party of Louisiana creed, as expressed by that body, is embraced
I thank the House for the indulgence which to all the rights of native-born citizens; but,
gation, of any description, to any foreign
prince, potentate, or power, or who refuses to
(each within its sphere) as paramount to all
several states, and to this end, non-inter-
The vital principle of the American party native-born and naturalized citizens of the
to the provisions of the Federal Constitution, I have heard this difficulty suggested as being with thie privilege of admission into the Union, fatal to the objects of the American party. whenever they have the requisite population But the objection is wholly without foundafor one representative in Congress. -Provided tion. The Constitution of the United States always, that none but those who are citizens provides in terms “that Congress shall have of the United States, under the Constitution power to establish an uniform rule of natuand laws thereof, and who have a fixed resi- ralization.” Article I. Section VII. clause 4. dence in any such territory, ought to partici- This provision has repeatedly been the sul pate in the formation of the Constitution, or ject of judicial consideration and interpretain the enactment of laws for said territory or tion, and although the opinion was at one state,
time expressed by the Circuit Court of the 8th. An enforcement of the principle that United States for the District of Pennsylvano state or territory ought to admit others nia, that the power was concurrent in the than citizens of the United States to the right state and federal governments, that opinion of suffrage, or of holding political office. has long been overruled, and it is now hell
9th. À change in the laws of naturaliza- by Judge Iredell, in U. S. v. Fellato, 2 Daltion, making a continued residence of twenty-las, 370: Judge Washington in Gordon r. one years, of all not herein before provided for, Prince, 3 Wash. C. C. R. 313 ; hy Judge: an indispensable requisite for citizenship here- Marshall, in Chirac v. Chirac, 2 Wheaton, after, and excluding all paupers, and persons 269 : by Judge Story, in Ilouston v. Moore, convicted of crime, from landing upon our 5 Wheaton, 40; by Chancellor Kent, 1 Comm. shores; but no interference with the vested 423; and by Judge Taney, in Norris v. Bosrights of foreigners.
ton and Smith v. Turner IIoward, that the 10th. Opposition to any union between exclusive power is in Congress. The remarkChurch and State ; no interference with reli- of C. J. Taney are so clear, not only in regard gious faith, or worship, and no test oaths for to the power, but also as to the policy of exoffice.
ercising it, that I readily adopt his argument, 11th. Free and thorough investigation into as far more satisfactory than any I could offer. any and all alleged abuses of public function- He says:aries, and a strict economy in public expendi- It cannot be necessary to say anything
upon the article of the Constitution which 12th. The maintenance and enforcement of gives to Congress the power to establish an all laws constitutionally enacted, until said uniform rule of naturalization. The motivo laws shall be repealed, or shall be declared and object of this provision are too plain to null and void by competent judicial autho- be misunderstood. Under the Constitution rity.
of the United States, citizens of each state are These propositions may be classed, for entitled to the privileges and immunities of greater perspicuity, under three heads. citizens in the several states, and no stato
I. Those that relate to reforms in the natu- would be willing that another should deterralization laws which require legislation. mine for it, what foreigner should become one
II. Those that relate to the appointment of its citizens, and he entitled to hold lands and election of officers, which are purely mi- and vote at its elections. For without this nisterial.
provision, any one state could have given the III. Those that refer to the general policy right of citizenship in every other state; anul of the party in the management of the govern- as every citizen of a state is also a citizen of ment, which appeal both to the legislative the United States, a single state, without this and executive departments.
provision, might have given to any number I intend to discuss these subjects in the of foreigners it pleased, the right to all the order in which they are stated.
privileges of citizenship in commerce, trade, It is proposed to modify the naturalization and navigation, although they did not even laws in four particulars:
reside among us. 1. To make them prescribe uniform rules
- The nature of our institutions under the of naturalization throughout all the states and federal government, made it a matter of absoterritories.
lute necessity that this power should be con2. To exclude convicts and paupers from fided to the government of the Union, where the country
all the states were represented, and where all 3. To extend the period of residence of the had a voice; a necessity so obvious, that no applicant for naturalization, so that he may statesman could have overlooked it. The arhave time to understand our language and ticle has nothing to do with the admission or become acquainted with our laws and institu- rejection of aliens, nor with immigration, but tions, before he is intrusted with the right to with the rights of citizenship. Its sole object participate in their administration.
was to prevent one state from forcing upon all 4. To guard against fraudulent abuses of the others, and upon the general government, the right of naturalization.
persons as citizens, whom they were unwilI am aware that there is a very prevailing ling to admit as such.” idea that Congress has no constitutional power Another subject of kindred character, if not to provide by law, that the rules of naturali- indeed falling under the same head, will also zation shall be the same in all the states; and doubtless engage the attention of the party,