Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive
 

The next clause grants to congress the power "to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States." We have already noticed some of the disqualifications of aliens. (Chap. VI, §5.) By the common law of England and this country, aliens were not only politically disqualified, but they could not in their own name lawfully hold and sell real estate.

To admit aliens to all the rights and privileges of citizens immediately on their arrival in this country, and before they shall have acquired a knowledge of our government and laws, and of the duties of citizens, would be expedient. Educated under monarchical governments, many of them, it is to be presumed, have little respect for our republican institutions, or at most but an imperfect knowledge of them.

§2. But to deny foreigners the rights of citizens after they shall have acquired a fixed residence here, and a knowledge of their civil and political duties, would be illiberal and unjust. Provision has therefore been made for removing their disqualifications, or for _naturalizing_ them; that is, for investing them with the rights and privileges of _natural_ born citizens. But if different rules were established by the different states, a person, having become naturalized in one state, would, on removing into another state, be deprived of the rights of citizenship, until he should have been naturalized by the laws of such state. Besides, by the constitution, a person, on becoming a citizen of any state, is a citizen of the United States, and entitled to the privileges of a citizen in any other state. (Art. IV., §2.) As, therefore, there should be one uniform rule, the power of naturalization is properly given to congress.

§3. An alien, to become a citizen, must declare on oath before a state court or a circuit court of the United States, or before a clerk of either of said courts, after having resided three years in the United States, that it is his intention to become a citizen, and to renounce his allegiance to all foreign governments, and particularly that under which he formerly lived, and that he will support the constitution of the United States. Then after two years, the court, if satisfied that he has resided five years in the United States, and one year in the state in which the court is held, and that during that time he has behaved as a man of good moral character, and is attached to the principles of the constitution, may admit him as a citizen.

§4. An alien minor who has resided in the United States at least three years before he was twenty-one years of age, may, at any time after that age and five years' residence in the United States, be admitted as a citizen, without having previously declared his intention to become a citizen. Also the minor children of a naturalized citizen, if dwelling in the United States at the time of his naturalization, become citizens.

§5. A _bankrupt_ is an insolvent debtor; that is, a person who is unable to pay all his just debts. A _bankrupt law_ is a law which, upon an insolvent's giving up all his property to his creditors, discharges him from the payment of his debts. Such laws are designed for the benefit of honest and unfortunate debtors, who, by having the enjoyment of their future earnings secured to them, are encouraged to engage anew in industrial pursuits. But these laws, intended for the benefit of the unfortunate poor, have enabled dishonest and fraudulent debtors to procure a release from their debts.

§6. Experience had shown the propriety of intrusting to congress the power to make these laws. The dissimilar and conflicting laws of the different states, and the entire want of them in others, had caused great inconvenience. A debtor, though discharged from debt by the laws of one state, was liable to be prosecuted on removing into another state. Important as such laws were deemed, there is no existing law on the subject. A bankrupt law was passed in April, 1800, and repealed in December, 1803. Another was passed in 1841, which was of still shorter duration.

§7. The next power mentioned is the power "to coin money and regulate the value thereof." As a consequence of giving this power to Congress, we have a uniform currency throughout the union. We have also, instead of the awkward system of reckoning by pounds, shillings, and pence, the more convenient decimal mode of calculation by dollars and cents. The old system was rendered the more inconvenient by the difference in the value of a pound, shilling, and penny in the different states. A merchant in a New England state, buying goods in New York or Philadelphia, must, in order to put prices upon them, reduce the currency of the state in which he bought them to New England currency. Thus, the cost of an article being in New York two shillings and four pence a pound, would be in Connecticut one shilling and nine pence. One shilling and six pence in New York would be in any New England state one shilling and a penny and a half.

§8. The place where money is coined is called _mint_. The principal mint in the United States, and the first that was established in this country, is at Philadelphia. The business of coining is under the superintendence of a director. Under him are a treasurer, an assayer, a chief coiner, an engraver, and a melter and refiner. The gold and silver, before it is coined, is called _bullion_. There is a branch mint in New Orleans, one at Charlotte, in North Carolina, one at Dahlonega, in Georgia, one in California, and one in the city of New York. At the place last mentioned, gold is assayed, but not coined.

§9. The clause containing the power last quoted, gives power also to "fix the standard of weights and measures." For the convenience of trade between the states, the standard of weights and measures should be the same in all the states. Without such uniformity, commerce among the states would meet with embarrassments scarcely less than those experienced from the want of a uniform currency. To effect the desired object, this power was given to congress.

§10. The next power in the list is the power "to provide for the punishment of counterfeiting the securities and current coin of the United States." By securities here are meant bonds and other evidences of debt. As the general government has the power to borrow money and to coin money, it is proper that it should also have the power to provide for punishing those who forge its written obligations for the payment of the money borrowed, and who counterfeit its coin. These offenses are tried in the courts of the United States.