Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-04-23
POLEFECAE.
800, CHARLESTON, April H.
CASE OF GEORGE GRANSTEIN.
JUDGE BAYS REpopr
Court Of Sessions and Capg,;-;, lsc

JUDGE BAYS REPORT
Court Of Sessions and Calaa22,. L,s 1910
Gro Gn ,l Upon Petition for Citizenship.
IN the 9TH October last. the Petitioner presented hi
feutlon during the sitting of the Court TO be admitted :,
the right oil Citzenshp and the same being taken nt
consideration, he appeared be entitled to that
ana was ordered to be admitted i taking the usual ostL
OF allegiance TO the State of South Carolina and of de,
10 the United States. ~ - ''''S
Upon the Clerks rendering the oath to the Petitioner
his Counsel, MIR King, objected 10 his taxing tho, 80, -
me oath which related to his allegiance to the State of
Carolina, but was willing take that part which related
TO the United States Whereupon | refused TO admit him
- C@ei unless he took the usual and customary oath
Of dey to the United States ''""ii"A 40 '-" that
The grounds upon which refused to admit hin, wore
briefly the following: '' WI"
FHst-Tha South Carolina was a SOVEREIGN and Jndc
pendent State, and had UNREASONABLE RIGHT IN
scribe the terms and conditions upon which she vomI al
mt aliens to The rights and privileges of citzenhp from
me Iay she assumed her sovereignty the present time
by the Law OF Nations, and the rights of all civilized
Secondy-That she had uniformly exercised this RIGHT
and power from the earliest period of her -
leVeh before NE independence OF the United States was
declared j Tor in the Constitution I776 The form of tho
oath Is prescribed and directed.
And ia the Constitution of Ig,h March l77s tbo eoo
OF the United States was declared
Also in the Act OF March 1856 to confer the right of
OF Citizenship the oath is prescribed be administered to
aliens ON being admitted. "
H'rdiy Because it was of the highest proroga
lives OF the State and the longest in use cpnmId 80,
therefore permit it TO be called i'm question: AMI IL
"'Sse" me fe"uoh E. II. BAY.
Gro. G GSPaT's }ocrobor 9th, 1892
His Honor Judge Bay will please take notice that ,bo
Petitioner appeals from his decision in the caseBecause
having rendered to comply with all the conditions requir.
ed by the act of Congress, he entitled to be admitted
ciuzen oil the United States of America
HAGG, Pro Pet.
GEO. tGH %aSsrarn So,NGolrlLSS' qN'
The An paragraph Of the Sh section ART l. OF the
constitution OF the United States provides that Congress
shlL nave The power "to establish uniform rule of
"dtW diizG'i0n and uniform laws Oh the subject of bank
rupicics Throughout the UHited SGes" In 1902 Con
gfess passed an Actto establish uniform rule Of
Iaon aud to repeal tile Acts heretofore passed on tbat
SUBJECT which, amongst other conditions TO the admission
On deh 10 he rights OF Citizenship prescrbes hat he
shaI al The me OF his application be admitted decl,
on Oath, before of The Courts aforesaid Thai Inc ,iI
support the Constitution Of the United States and that he
doth absolutely and entirely renounce and allure ain all
eGi'pce anu deity to every Foreign Prince Poientae
state or Sovereignty whatever and particularly bv name
me fnnce, state or Sovereignty whereof he was before
cluzen or sutject"-2nd Lars ofMe United States b,
STORY, $50. 0'' ~
The Petitioner who had complied with all the other re-
qulses oil me Act OF Congress, offered the time of his
aPPcduohi 10 be admitted, TO make the declaration on Oath
required by it bat the Presiding Judge thought he ,nus
also take an Oath of allegiance TO the State This he de-
oUneu 10 90 and his application that account dis
missed nc question now, is whether the Presiding
Judge had night 10 administer additional Oath TO the
Petitioner ~ " VIZ
In passing upon this question: it may be useful IN prer
that we have nothing 10 do with the of tho
oain required by the Act OF Congress We are only TO
declare what the law is, not the obligation which the on
imposes II perhaps due, however TO the occasion
mat entertain no doubt that an Alien when admitted
to be citizen acquires all the rights (excent hat If
being elected Presdent) and incurs all the obpatons If
a native citizen. e' "
lie owes precisely the allegiance and must in the
same manner discharge the duties CONSIGNMENT upon na
" anu residence, to the State the United States
me power to establish uniform rule of ,tio,
is IN the express words of the Constitution of the noJ
iso5 E,H.eu 10 congress and the Aco Congress Of
IoVz' was passed 10 pursuance of that power The o,
prescribed by it was the only one which could he rcoi
ca to he taken as prerequisite to the admission of to
Petitioner so lar as the legislation Of Congress sGect The
question. ' WIS
Is there any law Of the State which required .nv o,c,
additional oath 10 he administered Its perfectly clear on
examining our statute Book, that there is none
Ihe orders referred 10 by the Judge below ,vero ,b
oahs oil Office prescribed by The old Constitutions and no
o, 6u@ehshIp These were superseded by the oath Of
ouce OF oar new Constitution. The act of 1884 (p l.
'5y' 5IO0 was repeated by the act Of 1855 (P L. U2l
"hch an act, DOT 70 natudze bat 10 confer ON aliens
some oil he nights Of citizens; It's provisions are sbsfan
'ly e"ac'mrn gran ing The rights and privileges of c
uAou,hP 70 aliens. The act Of 1888 (P. L. lt8 merely
pos1es means whereby IL might be ascertained and a
RECORD preserved OF such aliens as had been psfI,.J
before TIE adoption Of The Federal Constitution
me act OF 1900, On Faust 273) grants the rgb,s and
privileges OF citizenship to aliens upon TAKING Ed ,rb
scu1ng an oail or Affirmation Of "qteriduce6 Tho sc,
oil lou' tHcts %, 60) is in direct affirmation Of o t If
Coneros', az having established the only ru, ~ 80, ~
Iion recognized o. required by this State For lie ro
VISION oil he ac provides Chat every alien previousy IN
bi@or her being entitled 10 avail him or herself of 40 "
he dement's Of s act shall dCciGIe his oy her iufe,ion