Speech #590102505

While. as we have seen. therefore. such a law does not violate the letter of the Constitution. it is equally clear that It does not violate its spirit. which. as we have seen. was to prevent the oppression of a particular State for the benefit of the others. and not to prevent Congress. when the general welfare required it. from allowing all the citizens of the country to bring in goods in aid of some special object which happened to be attainable only by their use in a particular case. It was seen evidently by the framers of tfte Constitution that this first clause of section 8 would not prevent Congress from indirectly giving the preference to a particular port even . and in order to exclude such an exercise of the power conferred by this clause it was provided In the next section that " no preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another." Were the construction of the first clauso of section 8 by those who believed such bills to be unconstitutional the correct one. there would have been no necessity for the qualifying provision found in section 9. The same word. " uniform." Is used in the same section as applied to naturalization. And yet Congress In early days exercised without question the power of provIIng that. in a special instance and for a particular purpose. certain persons should be naturalized ipso facto. although at the same time. by the general laws of naturalization. all other aliens were subjected to a probation. Such was the act of March 26. 1804 (2 Stat.. 292). which provided"That any alien. being a free white person. who was residing within the limits and under the jurisdiction of the United States at any time between the 18th day of June. 1798. and the 14th of April. 1802. and who has continued to reside within the same. may be admitted to become a citizen of the United States without a compliance with the first condition specified in the first section of the naturalization act." And the second section of the same act provided" That when any alien who shall have compiled with the first condition specified in the first section of such original act. and who shall have pursued the directions prescribed in the second section of said act. may die before he is actually naturalized. the widow and children of such alien shall be considered as citizens of the United States. and shall be entitled to all rights and privileges as such upon taking the oaths prescribed by law." The condition referred to was in the act of April 14. 1802. and required a declaration of intention to become a citizen. to be made three years at least before his admission as such. A provision in the fourth section of the act of 1802. of a similar character. naturalizing by mere act of law certain alien children then In the United States. was carried into effect by the Supreme Court. without any doubt being suggested that by such special provisions for special cases the requirement of uniformity was not obeyed. (Campbell v. Gordon. 6 Cranch. 176.) In these instances it willbe perceived that Congress and the Supreme Court thought that uniformity was retained under the Constitution. it it existed in respect to the particular subject or thing embraced in the particular enactment. although in general. and as to all other persons and things. another provision existed. A long series of acts of legislation upon the subject of duties.