Article 4, Section 2, Clause 1
[Volume 4, Page 490]
James Wilson, Of Man, as a Member of a Confederation, Lectures on Law1791Works 1:264--65
When we say, that the government of those states, which unite in the same confederacy, ought to be of the same nature; it is not to be understood, that there should be a precise and exact uniformity in all their particular establishments and laws. It is sufficient that the fundamental principles of their laws and constitutions be consistent and congenial; and that some general rights and privileges should be diffused indiscriminately among them. Among these, the rights and privileges of naturalization hold an important place. Of such consequence was the intercommunication of these rights and privileges in the opinion of my Lord Bacon, that he considered them as the strongest of all bonds to cement and to preserve the union of states. "Let us take a view," says he, "and we shall find, that wheresoever kingdoms and states have been united, and that union incorporated by a bond of mutual naturalization, you shall never observe them afterwards, upon any occasion of trouble or otherwise, to break and sever again." Machiavel, when he inquires concerning the causes, to which Rome was indebted for her splendour and greatness, assigns none of stronger or more extensive operation than this--she easily compounded and incorporated with strangers. This important subject has received a proportioned degree of attention in forming the constitution of the United States. "The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." In addition to this, the congress have power to "establish a uniform rule of naturalization throughout the United States."
Though a union of laws is, by no means, necessary to a union of states; yet a similarity in their code of publick laws is a most desirable object. The publick law is the great sinew of government. The sinews of the different governments, composing the union, should, as far as it can be effected, he equally strong. "In this point," says my Lord Bacon, "the rule holdeth, which was pronounced by an ancient father, touching the diversity of rites in the church; for finding the vesture of the queen in the psalm (who prefigured the church) was of divers colours; and finding again that Christ's coat was without a seam, concludeth well, in veste varietas sit, scissura non sit."
The Works of James Wilson. Edited by Robert Green McCloskey. 2 vols. Cambridge: Belknap Press of Harvard University Press, 1967.
© 1987 by The University of Chicago