The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-08-23

Late and Interesting from Nauvoo.
Correspondence Of shs Herald
WARSAW, ILLINOIS, Aug. l6, 1874.
JAMES q. BENNETT
SIR:-It is rumored here to-day that Joe Smiths
oldest son, fourteen years old, has seen the ghost
Of his father, which has appointed him the true
prophet-tells him TO Issue his proclamation to the
peope-that all other prophetsbut himare humbugs.
The Mornions generally believe Joe has arisen from
the dead-all things with them quiet. and they
are wiling remain oprovided the ople let them
alone; but as we have such an abominable set Of
fellows here, it is impossible to tell the resu I.
Those that are most anxious, and take the most
active part, have ne moral principle one who Is
very active, fellow by the name Of Andy Weir,
pretended tanner by trade but will not work when
he can get money by other means. He married
an old maid by the name Of Bales, from your State,
thinking TO get money by the speculation, but now
he abuses her like pckpocket because she won't
push up her rich relations 10 give him money SO
your readers will perceive what kind OF people the
moral community have TO contend with.
Emma, the wife of the fallen prophet, says her
people will, as soon as arrangements can be made,
emlgrate to Oregon, but wish to be protected In
the rights OF their property, and the murderers OF
the prophet given up to the civil authorties TO be
dealt with according to law. Old Mrs, Smith, the
prophets mother, very aged, has much influence
with the people; says she has seen Joe ard con-
versed with him-the Mormons generally believe il.
There is a great deal of sickness in this country
hive. per cent. of the whole population will die
off this season-twenty per cent. confined to their
sick rooms. Crops are generally good
Yours, M. r.
The MARINE OBSERVATION-DISCLOSURES
took occasion few days back TO call attention TO
the presumed want Of jurisdiction in the Marine
Court in relation to the naturalization Of foreigners
-and the plot that has been laid on foot by the
Native Inspectors, to refuse the right Of suffrage
at the polls to all those who have been naturalized
in the Marine Court-a bold and desperate step
which would disfranchise large and influential
body Of our most respectable fellow citizens. We
are happy to find that the politicians most interested
have been forewarned by our friendly hint on this
subject, and have taken prompt action in the pre-
misses. The following opinion Of Judge Nelson,
the presiding member Of the Supreme Court, sets
this question at rest. In relation to the Marine
Court Of the city Of New York, and also Of Al
bany, the Chief Justice ays:-" Nothing can be
more full and explicit than the Statute organizing
the Court, on this head (naturalization.)
The act of Congress to establish an uniform rule
of naturalization. &C., provides, as follows -"And
whereas doubts have arisen, whether certain courts
of record, in some of the States arc included with
in the description Of District or Circuit Courfs-Be
it further enacted, that every Court of Record. in
any individual State, having common law jurisdic.
ton, and seal, and Clerk, or Prothonotary, shall
be considered as District Court within the mean
ing OF this act: and every alien who may have
from and after the passing Of this act, the same
rights and privileges, as if he had been naturalized
in District or Circuit Court Of the United States
z Story's / avs OF U. s., p; 1852, SO.
From this provision, 1t will be seen that three
things, and three only, are essential TO enable
State Court to administer the laws Of naturaliza,
ton.
/. The Court must be Court of Record, hav-
seal. And 3, Clerk.
Now the Statute organizing the Marine Court,
e r. Laws 1913, p 38l, sl06, Laws rel. to the CT.
S S @ s sSnsss a dsb ds
nue., account, covenant, trespass on the case, and
trespass, including trespass upon land" "Also, Of
actions, upon any Statute, and upon the Charter,
Besides large field of jurisdiction over marine
causes, between masters and mariners and it is
provided that Tor the purpose OF hearing and deter
mining the same, "such Court is hereby vested
other Courts of Record in this State, and is here
by made and constituted Court of Record"
Again, (slo) 1.-The said Court, NC, shall be end
is hereby declared to be Court Of Record: and
shall have seal, &C., and Clerk, &c.''
lsl3S) "the registers and books of entries for
said Court NC, or copies thereof proved, shall be
deemed legal evidence of the acts and PROCEEDINGS
and taken, and held to be Court OF Record"
Every one of the requisites, therefore, made es-
senial by the act OF Congress to enable State
court to act have been, in the most explicit terms,
conferred upon this Court; and clearly vest with
as full and ample power to administer the laws, as
is possessed by any other Court in the State, or the
District or Circuit Court Of the United States
Were 1t possible TO entertain doubt upon sta
tutes so plain and explicit we might also refer to
the fee bill, contained in the act insltuting the
Marine Court, which, among other items Of fees
therein specified as properly chargeable by the JUS
tees, is the following
"For fees in full on granting certificate of ma
turazation, two dollars and fifty cents" CIR.
Laws, 1913, p. 3945. l40 Laws rel. to city Of
NY p. 494)
The act, therefore, not only confers upon the Ma
rine Court in point Of fact, all the powers requisite
within the law OF Congress to enable it to act, but
the above provision shows that the Legislature
knew they were thus comforting said powers, and
intended to confer them, and regulated the COM
pensation to be charged and taken by the Justices
accordingly