posed to the letter and spirit of the Constitution; and an arrogant assumption that minorities have no rights, and may be trampled on, proscribed, disfranchised, and gerrymandered at pleasure.

The vital principle of the American party is Americanism, developing itself in a deep-rooted attachment to our own country, its constitution, its union, and its laws; to American men and American measures, and American interests; or, in other words, a fervent patriotism—which, rejecting the transcendental philanthropy of abolitionists and that kindred batch of wild enthusiasts, who would seek to embroil us with foreign countries, in righting the wrongs of Ireland, or Hungary, or Cuba, would guard with vestal vigilance American institutions and American interests against the baneful effects of foreign influence.

In my next number I will unfold in detail the measures and policy which legitimately spring from this principle, and endeavor to show their beneficent influences on the prosperity and happiness of the country.

MADISON.

CHAPTER XI

MADISON LETTER NUMBER TWO-MEASURES AND POLICY OF THE AMERICAN PARTY

ENTLEMEN: I closed my first number by stating what I conceived to be the vital principle of the American party,—the principle which, like the mainspring of a watch, imparts activity to its whole machinery.

Let us now consider what are the measures and policy which these Americans propose to adopt, to give practical efficiency to this great principle. There is, doubtless, among the members of that party, as among the members of all other parties, much difference of opinion in regard to matters of detail; and mutual forbearance and concession must and will be practiced in giving shape to their measures. No one can, therefore, tell with certainty what form they may ultimately assume.

For the present I will refer to the action of the National Council as the most authentic exposition of the opinions of the party. Its creed, as expressed by that body, is embraced in the following propositions:

Second. The perpetuation of the Federal Union as the palladium of our civil and religious liberties and the only sure bulwark of American independence.

Third. Americans must rule America, and to this end, native-born citizens should be selected for all state, federal, and municipal offices or government employment in preference to all others; nevertheless,

Fourth. Persons born of American parents residing temporarily abroad should be entitled to all the rights of native-born citizens; but,

Fifth. No person should be selected for political station (whether of native or foreign birth) who recognizes any allegiance or obligation, of any description, to any foreign prince, potentate, or power, or who refuses to recognize the Federal and State Constitutions (each within its sphere) as paramount to all other laws, as rules of political action.

Sixth. The unqualified recognition and maintenance of the reserved rights of the several States, and the cultivation of harmony and fraternal good will between the citizens of the several States, and to this end, non-interference by Congress with questions appertaining solely to the individual States, and non-intervention by each State with the affairs of any other State.

Seventh. The recognition of the rights of the native-born and naturalized citizens of the United States, permanently residing in any territory thereof, to frame their constitution and laws and to regulate their domestic and social affairs in their own mode, subject only to the provisions of the Federal Constitution, with the privilege of admission into the Union whenever they have the requisite population for one representative in Congress; provided always that none but those who are citizens of the United States under the Constitution and laws thereof, and who have a fixed residence in any such territory, ought to participate in the formation of the constitution or in the enactment of laws for said Territory or State.

Eighth. An enforcement of the principle that no State or Territory ought to admit others than citizens of the United States to the right of suffrage or of holding political office.

Ninth. A change in the laws of naturalization making a continued residence of twenty-one years of all not hereinbefore provided for an indispensable requisite for citizenship hereafter, and excluding all paupers and persons convicted of crime from landing upon our shores; but no interference with the vested rights of foreigners.

Tenth. Opposition to any union between church and

state; no interference with religious faith, or worship, and no test oaths for office.

Eleventh. Free and thorough investigation into any and all alleged abuses of public functionaries, and a strict economy in public expenditures.

Twelfth. The maintenance and enforcement of all laws constitutionally enacted until said laws shall be repealed or shall be declared null and void by competent judicial authority.

These propositions may be classed for greater perspicuity, under three heads.

I. Those that relate to reforms in the naturalization laws which require legislation.

II. Those that relate to the appointment and election of officers which are purely ministerial.

III. Those that refer to the general policy of the party in the management of the Government, which apply to both the legislative and executive departments.

I intend to discuss these subjects in the order in which they are stated.

It is proposed to modify the naturalization laws in four particulars:

1. To make them prescribe uniform rules of naturalization throughout all the States and Territories;

2. To exclude convicts and paupers from the country; 3. To extend the period of residence of the applicant for naturalization, so that he may have time to understand our language and become acquainted with our laws and institutions before he is intrusted with the right to participate in their administration;

4. To guard against fraudulent abuses of the right of naturalization.

I am aware that there is a very prevailing idea that Congress has no constitutional power to provide by law that the rules of naturalization shall be the same in all the States;

and I have heard this difficulty suggested as being fatal to the objects of the American party. But the objection is wholly without foundation. The Constitution of the United States provides in terms "that Congress shall have power to establish an uniform rule of naturalization." Article 1, Section 7, Clause 4.

This provision has repeatedly been the subject of judicial consideration and interpretation, and although the opinion. was at one time expressed by the Circuit Court of the United States for the District of Pennsylvania that the power was concurrent in the State and Federal governments, that opinion has long been overruled, and it is now held by Judge Iredell in U. S. vs. Vellato, 2 Dallas, 370; by Judge Washington in Gordon vs. Prince, 3 Wash., C. C. R. 313; by Judge Marshall in Chirac vs. Chirac, 2 Wheaton, 269; by Judge Story in Houston vs. Moore, 5 Wheaton, 49; by Chancellor Kent, I Comm. 423; and by Judge Taney in Norris vs. Boston, and Smith vs. Turner Howard, that the exclusive power is in Congress. The remarks of Chief Justice Taney are so clear, not only in regard to the power but also as to the policy of exercising it, that I readily adopt his argument, as far more satisfactory than any I could offer. He says:

"It cannot be necessary to say anything upon the article of the Constitution which gives to Congress the power to establish an uniform rule of naturalization. The motive and object of this provision are too plain to be misunderstood. Under the Constitution of the United States, the citizens of each State are entitled to the privileges and immunities of citizens in the several States, and no State would be willing that another should determine for it what foreigner should become one of its citizens and be entitled to hold lands and vote at its elections. For without this provision, any one State could have given the right of citizenship in every other State; and as every citizen of a State is also a citizen of the United States, a single State, without this provision, might have given to any number of foreigners it