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, however, scarcely avoidable, 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 was in the power of a particular state, (to which every other state was bound to submit,) not only to confer the rights of citizenship in other states upon any persons, whom it might admit to such rights within itself, but upon any persons, whom it might allow to become inhabitants within its jurisdiction. But even if an exposition could be given to the term, inhabitants, which would confine the stipulated privileges to citizens alone, the difficulty would be diminished only, and not removed. The very improper power was, under the confederation, still retained in each state of naturalizing aliens in every other state.[1]
§ 1800. The provision in the constitution avoids all this ambiguity.[2] It is plain and simple in its language; and its object is not easily to be mistaken. Connected with the exclusive power of naturalization in the national government, it puts at rest many of the difficulties, which affected the construction of the article of the confederation.[3] It is obvious, that, if the citizens of each state were to be deemed aliens to each other, they could not take, or hold real estate, or other privileges,