pleased the right to all the privileges of citizenship in commerce, trade, and navigation, although they did not even reside among us.

"The nature of our institutions under the Federal Government made it a matter of absolute necessity that this power should be confided to the government of the Union, where all the States were represented and where all had a voice; a necessity so obvious, that no statesman could have overlooked it. The article has nothing to do with the admission or rejection of aliens, nor with immigration, but with the rights of citizenship. Its sole object was to prevent one State from forcing upon all the others, and upon the General Government, persons as citizens, whom they were unwilling to admit as such."

Another subject of kindred character, if not indeed falling under the same head, will also doubtless engage the attention of the party, with a view to see if the Constitution does not supply the means of redressing an evil which is of the most flagrant character. I allude to the want of uniformity in the State constitutions in regard to the right of suffrage by foreigners. By the Constitution of Virginia, none but citizens of the United States can vote; and as no one can legally become a citizen of the United States unless he has been a resident of the country for five years, it follows that no one can be a voter in Virginia who has not been a resident of the United States for five years. But, by the Constitution of Illinois, it is provided (Article 2, Section 27) “that in all elections, all white male inhabitants above the age of twentyone having resided in the State six months next preceding the election shall enjoy the right of an elector."

Now as the vote of every man cast in Illinois for members of the Legislature which elects United States Senators, for members of Congress, and for Presidential electors, has a direct bearing on the interests of Virginia, it is well worthy of inquiry whether Virginia is, under the Constitution, to be governed by the votes of aliens. It is a new and grave

question. There is certainly a difference in form between the question of elective franchise and the question of naturalization. But is not this system of allowing aliens to vote before they are naturalized an abuse, if not an evasion of the Constitution? A sensible writer on the subject has well remarked, "If individual States can admit to the elective franchise those who are not citizens, thereby neutralizing the vote of citizens, not only the Federal power over naturalization becomes a nullity, but a minority of actual citizens, by the aid of aliens, may control the government of the State, and, through the States, that of the Union." Who will deny that this is a crying abuse, and that all the constitutional powers of the Government ought to be brought into requisition to correct it?

2. It is proposed to exclude by State and Federal authority convicts and paupers from landing on our shores to corrupt the morals of citizens, to plunder our property, to fill our penitentiaries and alms-houses, and to burden our people with taxation for their support. This is no new policy, and it will at once commend itself to the favorable regard of all reflecting men. It is an evil which attracted the attention of the Founders of the Republic at an early day, and has from time to time been pressed upon the attention of the Government, but thus far no adequate measures of prevention have been adopted.

On the 16th of September, 1788, the Continental Congress, then about to close its labors, adopted the following resolution: "Resolved, That it be, and it hereby is recommended to the several States to pass proper laws to prevent the transportation of convicted malefactors from foreign countries into the United States." Journal, page 867.

On the 13th of November, 1788, Virginia did pass such a law imposing a penalty of £50 on masters of vessels who should land convicts in this State.

In 1836 the matter was brought to the attention of Con

gress by Mr. Davis of Massachusetts, who made a long and able speech to the Senate on presenting certain resolutions of the legislature of Massachusetts on the subject.

In 1838, Mr. Van Buren, in reply to a call of the House, sent a message to Congress accompanied by many documents. A bill was reported to correct the evil, but amidst the press of business, it was overslaughed. See Congressional Globe, 1837-'38, page 489, and 1838-'39, page 168.

In 1845, Mr. Berrien made an elaborate report on the subject accompanied by a great mass of testimony establishing in the most conclusive manner the certainty and magnitude of the evil. See Sen. Doc. 173, 28th Cong. No final action, however, was taken.

In 1847, Mr. Buchanan, as Secretary of State, adopted measures to obtain information on the subject, and a report was made by Mr. A. D. Mann, on the 13th of September, 1847.

On 1st January, 1855, Mayor Wood, of New York, addressed a strong letter to President Pierce invoking his aid.

He says:

"It has long been the practice of many governments on the continent of Europe to get rid of paupers and convicts

1In confirmation of Mayor Wood's statement I refer to the following facts derived from the census tables of 1850:

The whole number of criminals in the United States during the preceding year was 26,679 of these, 12,988 were natives and 13,691 were foreigners.

The following is a table showing the ratio in four of the Northern States:

In the free States there were 10,822 native criminals and 12,988 foreign. In the slave States there were 2,166 native criminals and 1,902 foreign.

by sending them to this country, and most generally to this port (New York). The increase of crime here can be traced to this cause, rather than to defect in criminal laws or their administration. An examination of the criminal and pauper records shows conclusively that it is but a small proportion of these unfortunates who are natives of this country. One of the very heaviest burdens that we bear is the support of these people, even when considering the direct cost, but when estimating the evil influence on society, and the contaminating effect upon all who come within the range of their depraved minds, it becomes a matter exceedingly serious and demanding immediate and complete eradication."

Mayor Wood, being a Democrat and in no way attached to the American party, I presume he will be regarded as a good authority, and I will here rest this branch of the subject; and I hope I may console myself with the reflection that, as far as we have progressed in the examination of the propositions of the American party, nothing has yet been discovered in conflict with "the cause of civil and religious freedom."

My next number will be devoted to the necessity of legislation to extend the time of residence and to prevent frauds on the right of naturalization.

MADISON.

CHAPTER XII

MADISON LETTER NUMBER THREE-NATURALIZATION LAWS NECESSITY OF EXTENDING TIME OF

RESIDENCE

HE boon of citizenship is one of the highest privileges which any country can bestow on the subjects or citizens of another. It carries with it rights and duties of the gravest character. It imposes upon the person

naturalized the obligation of obedience to the laws, and it confers on him the right to protection in his person and property by the whole power of the government. It is a privilege which, in most countries, both ancient and modern, was, and is, conferred with great caution. Among the Romans it was a mark of great distinction, prized as of the highest value; and the simple announcement by an individual, "I am a Roman citizen," was a passport to respect throughout the world. In our country this privilege has been granted more freely than in any other, and I think there is a growing conviction in the public mind that it has been rendered too cheap. I have had neither the time nor means to make a complete investigation of the subject of naturalization by the Colonies and States before the adoption of the Federal Constitution. But I will furnish a few striking incidents.

The 42nd Section of the Constitution of New York, adopted in 1777, conferred power on the Legislature of that State to naturalize foreigners, but with the following restriction:

"Provided all such persons so to be by them naturalized, as being born in parts beyond sea, and out of the United States of America shall come to settle in, and become subjects of this State, shall take an oath of allegiance to this