rn,6 Cust ruled audadjudged in the 792. _ B! Tn'£Co¤I:r:-The quellion, now a itated, depends onanotherquellion; whether the State of‘Peuq'ylo,mh, lin`;. I the26thofM’•n·b I790(Uk¤ih¢m0fcIQ!j`fIISP2&d) » hats r' httonaturaliaean alien I And this rnufl: receive its anfwerlirrun the lblution of a third queliion; whether, according to the eonilitutionof die United States, the authority to naturalize isexelulive, orcoueurrent? _ We are ofopiuion, thcu, that the States, individually, {lill a concurrent authority upon thiafubjeét; butthat their inrli ' ual authoritycannotbe exer- ci&d,—foaa to contravene the ruleeiiablilhed bythe authority of the Union. Theobjeftionionnded on theword uugfrngand the argumeutsu} ihanoenieuti, have been carried too far. It is, likewife, declared by the Conllitution {art. nf 8. jthat all duties, impoltt and excites {hall beunjfirnr throughout the U- •itedSta:e:; and yet, if exprefs words of exclulion had not been inferred, aa ina fubfequentpartofthe fame article ro.) the individual States would itil}, undoubtedly, have been at li- berty, without the eoofent of Cupwep, to lay and colleét duties and impclls. Again ;-when, it is faid, that one State ought notto be privileged to admitobnoxiouscitizens, to the injury •f another, it lhould be tecolle&ed, that the State which com- municates the i¤£e&ion, muhherfelf be lirii infeéhed ; and in Es, as in all other cafes, we may be alfured, that the principle {elf-prefervation will inculcate eve reafonable precaution. The true reafon for invellaing with the power of natu- ralization has been aili edat the Bar :-It was to guard agatnlt mo narrow, inilead ofgioo liberal, a mode of conferring the rights of citizenihip. Thus, the individual States cannot _ex· clude thofe citizens, who have been adopted by the Umited Stdter; ‘ Et they canadopt citizens upon ealizglerms, than thofc which ngrer ue deemit ex ient toim c. Bui/I the agi of Cangrejiiiifelf, {umilhesa {hong proof that the power of naturalization is concurrent. In the concluding pro• vifo, it is declared, •• that no perfon heretofore profcribed hy any State, {hall be admitted a citizen as aforefaid, except hy an afi {the Legfatnreéf the Slate, in which fuch perfon was profcri d." Here, we nd, that Cmgrgfc has not only circum- fcribed the exercife of itsown authority, but has recognized the authority of a Stare Legiilature, in onecale, to admit a citizen of the United Siam ; which could not be done in any cafe, if the power of naturalization, either by its own nature, or by the manner of its being vetted in the Federal Government, was an excluiive wer. Upon ihiewhole, the Court think that the plea to the ju-till diétion has been maintained; and, therefore, The Bill mall be diiZ·nili'ed.* April
- Itir.rtt¤aa·l:rbIe that tlie argument in tlrir talk,. turned emurly
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