sovereignty in the States; to subvert a mathematical axiom, by
taking away a part, and letting the whole remain.
All that need be remarked on the power to coin money, regulate the value
thereof, and of foreign coin, is, that by providing for this last case,
the Constitution has supplied a material omission in the articles of
Confederation. The authority of the existing Congress is restrained to
the regulation of coin STRUCK by their own authority, or that of the
respective States. It must be seen at once that the proposed uniformity
in the VALUE of the current coin might be destroyed by subjecting that
of foreign coin to the different regulations of the different States.
The punishment of counterfeiting the public securities, as well as
the current coin, is submitted of course to that authority which is to
secure the value of both.
The regulation of weights and measures is transferred from the articles
of Confederation, and is founded on like considerations with the
preceding power of regulating coin.
The dissimilarity in the rules of naturalization has long been remarked
as a fault in our system, and as laying a foundation for intricate and
delicate questions. In the fourth article of the Confederation, it is
declared "that the FREE INHABITANTS of each of these States, paupers,
vagabonds, and fugitives from justice, excepted, shall be entitled to
all privileges and immunities of FREE CITIZENS in the several States;
and THE PEOPLE of each State shall, in every other, enjoy all the
privileges of trade and commerce," etc. There is a confusion of language
here, which is remarkable. Why the terms FREE INHABITANTS are used
in one part of the article, FREE CITIZENS in another, and PEOPLE
in another; or what was meant by superadding to "all privileges
and immunities of free citizens," "all the privileges of trade and
commerce," cannot easily be determined. It seems to be a construction
scarcely avoidable, however, that those who come under the denomination
of FREE INHABITANTS of a State, although not citizens of such State, are
entitled, in every other State, to all the privileges of FREE CITIZENS
of the latter; that is, to greater privileges than they may be entitled
to in their own State: so that it may be in the power of a particular
State, or rather every State is laid under a necessity, not only to
confer the rights of citizenship in other States upon any whom it may
admit to such rights within itself, but upon any
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