Amendments to the Constitution, [8 June] 1789 — reading text

Charieiton, I was received by my countrymen as a citizen of theitute of South Garohna, and elected by their free iuffra^e a member of the legiflaiure ill November 1784. In the Augutt following, I was chofen by tlie governor and council, a member of tiie privy coun- cil, and this election was confirmed by the leg.iluure the Otlober following. In September the la ne year, I was elected one of the wardens of the city of Ca rleiton. In November 17S6;, I was ajain elecTred iu.o tne legiUature j A.ijSg. Of CONGRESS. 385 again in November 1788,was ele(5led at the fame time I that I was eletSl'ec.l to the houfe of reprefentatives of the United States, the September preceding having been cho- fen again a warden of the city. After having flated thefe facts, he went on adveriincr to the laws referred to in the report or the committee^* which> be faid, he conceived to be apphcabie to theprefent cafe. In September 1779, a queltion was difcuffcd in the le- giflature of Sonth-Carohna, reipecl:ing the young men who were put abroad for their education, and it was deter- ufined that it was moil for the intered of the ilate, that they Ihould be allowed to continue in Europe till they were 22 years ot age ; after which the law provided they fliould be double taxed if they did not return. This law mip-ht fairly be fuppofed to recognizie the citizeniiiip of all the young men in afunilar predicament with himfeif It allo'.v- : ed them all ro be abfent until they were 22 years of age, but even afcer that period it did not deprive them of the right of citizenihip, it only fubjefted them to the penalty of a double tax. This he contended was a fort of compact with him, that if he chofe to be abfent after that time, he Jbould fuller a certain penalty, which, in its own nature^, implied that his citizeniiiip remained ; but before he attain- ed that age, South Carolina was in fuch a lituation that her beit friends were compelled to be abient, and take refuge in diilant countries ; it u'as not till fome time after that the friends ot the American caufe began to afieinble in that Itate • the abfentee law, therefore, never operated oii him, and he never was double taxed. In February 1782, the legiflature met at Jackfonburg, and diicrimiiiatetl between friend and toe, between Ame- rican and Britilh (ubjec^is, by difpofiiig of the eltaces of the ]attcr, and banilhing them ; trom an inlpeclion of the lav/ paffed at that time it would be evident in v/hat light they viewed him. tie had landed property in the ftate, but was himfeif in England, yet they did not attempt to coniifcate his property, or fubjeft him to an amercement. The ab- fentee law was his fafe- guard, he had the permifTion of the Itate to be abroad. If the legiflature in 1782, recognized as citizens fome of thoi'e perlons whole eitates were conhfcated for adiiering to Great Britain, and for being dil'afFecled to America a fortiori, did it not recognize as a citizen one whole eitate was not forfeited, and who had not been deemed worthy * Fide page 297. C c c 336 DEBATES of piHiifhmeiit, and who had been abfent under the faixtion A 1789,' of the law ? By the conftitation of South-Carolina it appears^ that no perfon was ehgible to a feat in the legiila ,_ne until he had reUded three years, nor to a ieat in die pnvN council until he had refided five years in the itare. he had a feat in both thole bodies before he had rtlided t\\ o years in the ftate of South-Carolina^ and no oi^jcctioii was ever made on that {core. He could not have been qjaltitd for either, had not the people of South-Carolina deemed his refidence in that ftate fuch a refidence as gained him a qualification ; or had they not fuppofed the q'j.ilificanon required in the onltuution applied only to new coimiiers and new citizens, foi' whom that refidence was neceffiry to wear them from thsir local prejudices and national hahits, and to attach the^n to the cammon vealth Had they not, in ihort, fnp- paft'd him to have bet'u a citizen during the revolution, and acrached to his native ita:& by every tie which. could bind an individual to any country, tiiree years refidence was either not required of hnn, or his former refidence was deemed withiixthe mjaniujr of the conilituiion. An ail to confer the right ot cif.zt nlhip on aliens was pafltd March 26, 17H4. tor the purpoie of pofTtJling the fubordmate rights of citizenlhip, inch asan exemption from the alien duty, a refidenje of one year, and taHng the oath of allegiance, was fiifficient. '!-<) confer a right of voting at elctlions, a perfon muli have been admitted a cit'zen two ytars prior to hs voting bui fur the higher privi- ; leges of a citizen, being eligible to tfBces of trulf, to a feat in the legiQarure aiid privy council, the alien mult have been naturalized by law. Now, in November 1784, he was elefted into tlie legiflaturc, and todk his feat without objection in January 17785, and was eleded into the privy counciL Oduber ijSj, ail without being naturalized bf --'"' law. In Oclber 1785, v lien he v as eleificd to the council his elec'tionwas oj-'poicd, but the objection now brought for- ward was noi then made and the memonalilt himlelf, w ho ; A\as a membrr of the lea'dature, voted in favor of the cho'-ce; though, unqueitionahlv, unlei's he was confidered by the legiflainre as a citizen before he returned to Charlcf- ton nothing had afterward occuned to make him lb, an<l ; the alien a6t of i 784, politively required a naturalization by aA of allcmbly to give him a qtialiikation. The coiiititution of bouth-Carolma is fileiit as to citizen-  - A. i;89. Of C O N G R E S S. 387 Ihip, bur allowed any perfon to vote at ele<^ions uho bad relided a year in the Itate, and jjaid a certain tax 5 to be a member of the alTc nibly he rnuit have refided three, rnd to be a privy counfellor five years previous to his eledii>n, but nothmg was faid about citizenihij). Tlie ad of 1784, however, exprelsly dclintd. who iliould and who fiiouki not be deemed citizenr ; and confcquently all ptrfous who did not become citizens mull have been held aliens, and conlidered fu, till they h.id comformed to the ah<Mi a>5t of J784. Now, as he was admitted to cffices of truit, to \vhich aliens were rot aduiillable, and as he was admiiied to them without having the rights of ciiizenfliip conferred upon him, in purluaice of that acl, it followed clearly, that the people of Sciuth Carolina, av.d the legiflature aknow- ledged him to be a citizen by virtue of the revolution. He went on to oblcrve, tliat from the dcdrine laid down by the memorial 11, it wab d;iKv.uji. to afLertain when he d.d become a citizen of South Carolina- \^ lien he was ad- mitted to the lar in 1784, he did no 26I wh'.ch made him a citizen, the bear aft of taking an o^th of qudlf^cat on to an office could not consert an alien into a citizen. '1 he conlti- tution feemed to imjly a ir^ere refu-erte cf a year ; \y giving a right to \ote gave a right of ciiize'.di.ij. ; if that were the cafe, ard if his rtfidence prior to the re\olut;cn was conlidertd fuch a refidtnce as the conltitution requrc d, then he wa: a citizen, by virtue of the conltitution, i;t r . having relidtd a year in Carolina. Now, it was clear, his relidence prior to the war was deemed fuch a relidence as the conltiiurion required becaule he was admitted to vote ; and admitted to a kat in the legiflature and council by right of fuch relidence, not having had the requifite re^^ dence lince the war, and yet being deemed qualified. If therefore that part of tiie conftitution which gave a right of voting, in confequence of a year's refidence and paying a certain tax, virtually conferred citizenfhip, by giving a right to vote (and itappcar'^d abltird that aright to vote ihould be given to perlonsnot c.tizeni) and if alio his re- fidence, prior to the revolution, was deemed a lufficient refidence, then he wai a citizen by virtue of the coijfli- tution. The points that fcemed a. oft to be relied upon by the memoriaiiit were. ift. That refidence was atlually neceHary to confer civi zenlhip, or, in other w ords, that a pcrlon could not tecorji? a citizen of a cout'itry, till he has reiided in i'', 388 2d. DEBATES That 3 perfon could not become a citizen A. i/Sq. he was till of age to chui'e his country. In anCwer to the firlt:, he denied that refidcnce in the countiy was abfolutely necelTary was it to be I'uppofed, he ; iifked, that when a man fent his Ion into another country for his education and improvement, the fon was thereby to loolc any polirical benefits which might during fuch tempo- rary abfence, accrue to his country ? If his father had lived a few years longer, Vvould there h;;ve arifen any queftion on this liibjecl ? Would he nut, though abfent, have acqui- red, according to the petitioners own poiitions, a right of citizen'hip? And Ihould his death, at fuch an early period;^ not be deenied a fufficient misfortune for him, without uling that as a pretence for making him an alien ? Thofe who re- prefented him in Carolina as his guardians, who were in loco parentis, were reiidents in Carolina at the declaration of independence. liis j»roperty was in Carolina, his money in the treafury, rfilfting to carry on the war. Tbe declaration of independ- ence aile^tedhimas much thouiih at Geneva, as it did thole in Carolina; his happincfs, that of his dearelt connexions, }iis property were deeplv intereded in it :his fate was lo tlofely conneded with that of Carolina, that any revolution in Carolina was a revolution in him. Though a minor, as foon as he heard of the independence of America, he con- lidered himfelf an A.merican ci.izen. If a pertbn could not become a citizen of a country without refiding in it, what ihould be faid of thofe gentle- men who J'lad been in Europe during the war, and were 310W in high office in America ? feveral of them went to Kurope before the war, were there at the declaration ot j.ndependeiKc, and did not return to America till attej-the war, or about the clofe of it When did their citizenfhip : commence? j!\ccording ro the petitioner, they could not become- citizens of America until they returned to Ame- rica, and took an oath of allegiance to the flates ; but Congri-fs employed them in offices of great confidence, be. fore ihey had returned to America, or taken luch oath, ^ongrefs,, tlierefore, conlidered them citizens, by virtue of the revolution. It had l)een faid, that Carolina had called on her young men to come to her afiiftance This was not the true Ifate : of the cafe. Carolina thought that her young men who were abrrad for their education, Ihould not be taken from iiqdies till they were tv.'enty-two years of age, and double A. 1789. Of C O N G R E S S. 389 taxed them 2fter that. Kis guardian wrote to him il,at he had the perinillion of the Ic^iflature to be abfcnt till he was t\\ enty-t'.\o, and that he Ihculd be double taxed after th.it age. It has