The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-07-19

satisfactory proof Of good character, and on
taking an oath to support the Constitution.
This offered one mode of naturalization to one
class of persons. To different persons" it Of
fered another mode of naturalization, to wit:
the children Of such persons so naturalized, I'M
der twenty-Ope years at the time of the natu-
ralization of their parents were to be considered
as citizens of the United States, without any
proceedings had, or without any proof of good
character, or taking any oath to support the
Constitution. Still a third mode was Golfer
ed' by this same law, which provided that
no person Heretofore prescribed by any State
should be admitted citizen as aforesaid, /"
except "by an act of the Legislature of the
State in which such person was prescribed"
That is to say, in the case Of these particular
persons, not only the two years residence and
other proceedings were necessary, but special
act of State Legislature.
Now we submit to the judicial consideration
Of Judge DoUGLAs-not Mr.. DOUGLAS, the
| stump orator-but to the judge-whether or
not different modes' of naturalization are not
here distinctly "offered" to different per-
sons;' and if so, whether Congress has not
actually done that which he pronounces to be
SO clearly impossible"
On the Goth of January, 1895, the act above
referred to was repealed, and another act was
passed for carrying into complete effect the
power given by the Constitution to establish
an uniform rule Of naturalization throughout
the United States" The first Section of this
act provided that any free white alien may be
admitted citizen who had declared an oath
or affirmation before some one of the courts
therein enumerated. at least three years before
his admission, that it was his intention
and to renounce his allegiance to all for
eign powers. The same section provided that
at the time of his application for admis-
sion, he must swear, before one of the
courts named, that he has resided FIVE years
within the United States, and one year within
the State or Territory where the court was
held; that he will support the Constitution of
the United States, and that he doth absolutely
renounce and abjure all allegiance and fidelity
to any foreign Prince, Potentate, State or Sow
ereignty. The same section provides that the
court must be satisfied that such applicant has
resided .fue years within the jurisdiction of the
United States, and that during that time he
has behaved as a man Of good moral character
and attached to the Constitution. Any titled
person was also obliged to renounce his title or
order of nobility.
Such was the mode offered to one class Of
LOT lnol he
to different persons. The second section of the
same act provided that any alien at the time Of
the passage ofthe lav residing within the jurs-
diction of the United States, might be admit
ted citizen on declaring ON oath in one of the
courts enumerated that he had resided TWO
years within the limits and under the jurisdic-
ton of the United States, one of which had
been spent within the State or Territory in
which such court was held; with similar oaths
of fealty to the United States, and aburation
of all foreign allegiance, as provided in the
fifth section.
The third section of the same act provides
for the naturalization of children, and then
closes with the following proviso, which is en-
tirely conclusive to the point that on the con-
slitutional question General ScoTr is right and
Judge DOUGLAS is wrong: "Proridcd, also,
that no person heretofore prescribed by any
State, on ,cho has been legally conricted of
having joined the army Of Great Britain dur
ing the late ,car, shall be admitted citizen
as aforesaid without the consent Of the LIE.
gisature of the State in which such person
was prescribed"
The next naturalization act was signed April
Ia, 1902. The first section Of this act CORE
spends substantially with the first section of
the previous act, except that it valves the
declaration Of intention in the case of any alien
who was residing within the limits of the
United States at any time between the Goth
of January, 1895. and the 18th of June, 1898,
and admits such alien within two years after
the passage Of the act, "rithout a compliance
,cth the first condition aboue specified"
On the Goth March. 1904, an additional act
was passed providing that any free white alien
residing within the United States at any time
between the 18th June, 1888, and the 18th
April, 1902, may be admitted citizen ",oith-
out a compliance With the first condition speci-
fled in the first section" of the act of 1902.
The act of May a., 1928, provided that
any free white alien who was residing within the
limits, &c., of the United States, between April
Ia, 1902, and June Is, 1912, and who has
continued to reside within the same, may be
admitted without having made any previous
declaration Of his intention.
Now, if our Legislators have not been acting
under false view of the Constitution for six
ty years and upwards, the proposed recommen-
dation of General ScoTT is clearly constitu-
tional. 1t is, at all events, consistent with the
clear Legislative exposition of this clause Of the
Constitution.
We have not discussed the policy Of General
ScoTT's suggestion. Our attention has been
confined exclusively to its constitutionality, the
objection raised by Judge DOUGLAS. When it
is assailed on other grounds, we may inquire
into the propriety and wisdom of the proposed
reward and inducements for mertorious ser
vices in time Of trar. Such rewards and in