By an unwritten article of the American Constitution--for whoever
looks to the written text will not find the whole of the
Constitution--persons, no matter where born, or however unnatural
they may be, are permitted to become domiciled, gain settlements,
hold lands, bring suits, and acquire and enjoy every possible
right, privilege, and immunity of native born persons. Nor has
Congress, nor has any State ever attempted, by law or ordinance,
to discriminate against them, nor will either ever dare to do so,
nor could or would such a law be enforced. The unwritten
Constitution, by the name of public policy, or without any name,
would prevent it. The only possible things which a resident alien
may not do, are, he can not vote or hold office. There need be no
mistake about this, and it can be reduced to an absolute
certainty. What, pray, does the resident alien acquire by the
transmuting process of naturalization? What is the sum total of
his citizenship? He acquires the right of suffrage, and the right
to hold office, and no other thing under the heavens and the
Star-Spangled Banner. Does he acquire these rights by virtue of
any word or special provision of our naturalization laws, which
annexes suffrage to naturalization as its special perquisite? Not
a word of it. Nor is there a word in any act of Congress or law
of a State that confers suffrage upon the naturalized American as
a thing incident to or consequent upon his act of naturalization.
He thereby becomes a citizen, and takes up and enjoys its
peculiar and distinguishing right. He gets naturalized for that
and for no other purpose. Naturalization confers suffrage, then,
because suffrage is a property of citizenship.
* * * * *
Colored male citizens now vote constitutionally and rightfully,
although the word "white" stands as before in most of the State
constitutions; and yet they vote in spite of it. Some potent
alembic has destroyed the force of this word, although the text
remains as of old. We are at once referred to the XV. Amendment
for a solution. That has conferred the power of voting upon them,
and it is superior to the State constitutions and statutes, and
executes itself, as is claimed. I concede, your honors, that if
the XV. Amendment does conf
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