Speech #590075575

In maiy cases arising under our system it has been repeatedly decided that the bestowal of political privileges upon an individual is not essential to constitute him a citizen. (See Wise ou Citizenship. p. 3. and authorities there cited.) There are two kinds of citizenship in this country. national and State. each distinct from the other. A person may be a citizen of the United States without enjoying State citizenship and the special rights and privileges which State citizenship confers. For prior to the adoption of the fourteenth amendment to the Constitution of the United States no mode existed of obtaining citizenship of the United States except by first becoming a citizen of some State. but after the adoption of the fourteenth amendment that controversy was set at rest. for that provision defines and declares who shall be citizens. of the United States. namely. "all persons born or naturalized in the United States and subject to the jurisdiction thereof." Congress is empowered by the amendment to enforce. with appropriate legislation. its provisions. and it did so by enacting "that all persons born in the United States and not subject to any foreign power. exclusive of Indians not taxed. shall be citizens of the United States." Whatever special rights and privileges it may be within the power of a State to confer upon its citizens. there are certain constitutional rights which all "Federal citizens" enjoy in common. whether they are citizens of a State or not. As to all common rights. the Federal Constitution establishes an equality between all persons. although it may be unable to confer equality as to other privileges. These rights in common are known as privileges and immunities and are fundamental in character. Federal citizenship may be acquired by inheritance. by marital relations. by the union or transfer of foreign territory. by naturalization. by treaty. by special act of Congress. by the admission of a Territory to statehood. Such a citizen owes to the Government allegiance. service. and money by way of taxes. The Government in turn grants and guarantees him liberty of his person and conscience. the right of acquiringand possessing property. security in person. estate. and reputation. Anyone may be a citizen of the United States and yet not of any particular State. but not vice versa. The Supreme Court of the United States. in what is known as the "Slaughterhouse case" (16 Wallace. 36). held that " not only may a man be a citizen of the United States without being a citizen of a State. but an important element is necessary to convert the former into the latter. He must reside within a State to make him a citizen of it. it is only necessary that he should be born or naturalized in the United States to be a citizen of the Union." Federal citizenship is totally unconnected with the right of suffrage or the elective franchise. It does not confer the right to vote. Federal citizenship confers no political rights whatever.