Page:United States Reports, Volume 2.djvu/378

 37: Cases ruledand adjudged in the !797. the rules which Congrefs had previoull pre{`cribed.» A citizen V”`-' of the United Siam, ado ted under tlie ad: of Congreft, is a citizen of each and every gtate; and the convention of Pcqugf I- vauia could conceive no means of ellablilhing uniformity (the very objeél contemplated lg the Federal Conilitution) if each State, in a dillinél and di rent mode, might, liltewife, con- vert the charaéler of an alien, into that of a citizen of the Uni- ted Slam. The State Conllitution is, therefore, {ilent ; and it only remains to be {hewn, that the law palfed in the year 1789, . was virtually repealed by the ratification of that Conllitution 5 which provides, indeed, _ that all the pre·exi{ling laws, not in- conliilent with itfelf, {hall continue in force. Sclmlulepfi. r. But the aél of 1789 was not only entirely dependent on the ex- illence of the old Conllitution, which was abrogated; but is in many eilential points inconiillent with the new Conflitution. Thus, it is to be remarked, that the part of the at]: of A{l'embly on which the controverfy turns, is not a fubilantive and original feélion, but a mere declaratory provifo. that the Legillature did not intend to do, what it was out of their power to have done, that is, to alter the 4241 _/Etlien of the Conllitution by a mere repeal of the tell laws. The provifo proceeds in the fol- lowing words: •• every fuch foreigner ur in tbejiiidjéflim mm- tioued, who {hall come to fettlc in this State, {hall, qjter one year’.r rjdmu ibcrziu, be entitled to the full enjoyment of tb: rigbrr andpriuilzger rl·erein_/j>eq}i:d," upon taking and fubfcribing the oath, or ailirmation, 8cc. When the whole Conllitution was deilroyed, none of its parts could {'urvive; and when, there- fore, the 42 jéilion was annulled, the defcription of foreigners which it contained, and the rights and privileges which it {pe- cified, could no longer furniih a foundation, on which the at]: of Aiiembly could {land, and it inevitably {hated the fate of every bafelcfs fuperilruélure. But is it pollible to render the nfl conliilent with the exi{ling conflitution? A {light com· parifon will yield a fatisfaélory anfwcr. The aél declares, that a foreigner, having taken the oath, or aflirmation, of allegiance, and relided here one year, {hall be entitled to all the rights and privileges fpeciiied in the 4zd feélion of the old conflitution; that is, he may acquire, hold, and transfer real ellate, and enjoy all the rights of a natural born fubjeél of this {late, except the right of being eleéled a reprefentative, which he cannot enjoy for two years. Now, the exilling conllitution will not allow any man to be even an eledtor, who has not relided here two years; and belides requiring a longer period of relidencc than two years, to entitle a citizen to be e1e&ed a reprefentative, a {`e· nator, or governor, it fu radds the qualification, that he (hall be ‘ of a certain age, before hi; can be chofen for thofe olliccs refpec- tively. If, then, the aél of aifembly is in force, an alien cpatug r ize

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