Speech #570083139

In the light t reasoning as this. it would be hard. indeed. to maintain the contrary view. And if such be the fact. what. then. would be the effect of such constitutional extension over the people or inhabitants of territory. if the act or the circumstances of the assumption of sovereignty cained with it the impress of permanency? Would it not have the effect of a collective naturalization and constitute the inhabitants of such territory citizens of the nationality int i th re tus incorporated. endowing them with constitutional rights that. once acquired. defy the antagonism of legislative hostility? In Osborn v. TUnited States Bank (9 Wheat.. 78882�7). Chief Justice M arshall said: A naturalized citizen becomes a member of the society. possessing all the rights of a native citizen and standing. in the view of the Constitution. on the footing of a native. The Constitution does not authorize Congress to enlarge or abridge those rights. The simple power of a national legislature is to prescrihe a uniform rule of aaturaizatni. and the exercise of this power exhasts itso far as respects the individual. The Constitution then akes him up. and among other rights extends to him the capacity of suing in the courts of the United States. precisely under the same circumstances under which a native might sue. 7.177 In the WongKim Ark case this latter case was referred to approvingly by Mr. Justice Gray. who said: The power of naturalization. vested in Congress by tile Constitution. is a power to confer citizenship. not a power to take it away. In the Slaughterhouse Cases. Mr.