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Page:United States Reports, Volume 2.djvu/301

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Ctacurr Couar, Pmgfylvmuh Diliriét. 295 In fupport of the plea, it was contended, that the power gi- typ:. ven to the United Slam, was meant as a guard againll the nar- try`! row regulations that might, at any future period, adopted _ by the individual States, to check the admiilion of aliens ; and g · not as a fecurity agaiuii the too eafy extention of the nghts of 3 citizenlhip. This objeél would, therefore, be mo!} efl·i.élually attained, by leaving the authority of the individual Sttges un- impaiied ; attd as there is nothing erclulive in the nature ofthe power, fo neither is their any thing exclulire in the manner of yelling it in the I·`t·deral Government. Though “ Congnj} (hall have power to eilabltilt an uniform rule of naturalization," Art. 1. 8. it does ttotttecellitrily follow, that each Stateof the cou ederacy may trot, likewiie, exercife the power of adopt- _ ing aliens upon its own terms. That an opinion prevails here, in favor of the State jurihliclion, mult be inferred from the various laws, which Pemyj-loauia, even fuhfcquent to the natu- ralization a& of Cmgrg}, (palled 26th of March rygo) has ena£ted, relpeeling the right that aliens may enjoy within her territory. 3 Val. Dall. Edit. 9. 183. 653. Nor istlttre any force in the argument. that the jurifdi&ion in Maritime and Admiralty cafes is exclulively veiled in the Federal Government, without the ufe of excluiive words ; for, thofe in their nature are excluhve, belong appropriately to the national charaéier, and wife extra- territorially of any State; whereas naturalization is merely n municipal and domeiiic concern. In oppolitiou to the plea, it was urged, that contemplating the prefent fiturtion of the United Siam, the birth of the com- plainant had made him an alien ; and that in order to change the condition of alienageinto that of citizenfhip, the inrerpoli- tion of a competent conilitutiottal and legiilative authority was indifpenfable. This authority, throughout the United Slater, re- fidcs in the Federal Government alone; for, the power of na- turalization (which is given by the 8th feel. of the tit Art. of the Conllitution) does of itfelf import excluliou. That one member of the Union iltaultl be able to diiturb all the reli, by the introduftion of obnoxious charaftets, was an evil to be prevented, and no effeélual mode could be adopted to obviate the ineonve- . rtiences of different fyilems and regulations in different States, ihort of giving to Cougtm the exelulive power of elhtblilhizig an uniform rule of naturalization. Exclufive words were not ne- eeilitry in this cafe, any more than in the cafe of Admiralty and Maritime jurihliclton, which is, ncvertheleis, allowed to be ctt- clulivcly vcltcdineltc General_Government without the ufe of fuch words.- lf, therefore, C:ug:·._# had the exclulive power to admit citizens, that power being exercifcd bythe aft ofthe l a6th March tygo, the naturalization, under an at} of the Le- giilature of lhmxg/nanfa, wais a mere nullity, and the complai- nant remains a.fubje¢`l. of the Briryb crown. ` Br