The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-01


his namei The State Legislature the proper authority
10 do that do not remember that have exer-
csed that power unless i be in regard 70 persons who
reside this District II this individual does not live in
this District, but lives in OF the States, then the
change OF his name is subject which appropriately be-
/ MIR BADGER | think the honorable senator is un.
der slight mistake in regard 10 the proper legislation in
this Whatever may have beea the residence of the
United States, he loses his residence OF course.
me me PaEs PaEsDESf en- Of he eooass doss mot oo,
| Mr.. BADGER. OF course he does He wishes to
have his name changed by act Of Congress-. in order to
have 1t rated accordingly upon the books OF The navy
peated instances as in The case Of P6olus Kavasaes
who had his named changed TO that OF Photus Fish-a
curious fancy upon his part, but he desired IT, and
Mr.. DOUGLAS, will simply remark
MI. PRATT. Before The senator from Illinois Mr.
DouGLAs] goes on, he will permit me. will say that it
occurs that this is power exclusively to be exer
cised by the local State Legislature, in reference cit
| Zens living within the limits of their Jurisdiction Now
certainly the honorable senator from North Carolina Mr.
BADGERl must be wrong in the conclusion 10 which he
comes when he says that citizen OF particular State.
by being appointed ocer in the army navy OF the
United States, loses his citizenship in the State from
which he is appointed think the honorable senator
mistaken in that matter.
But there is another objection TO which would call
the attention OF the Senate do not know that the
Stale legislatures have hitherto exercisednot certainly
to my knowledge-the power OF changing the Christian
name of an individual that might depend upon the
gion OF the individual, upon the doctrines of the church
IN which he was chrslened. | do not know that we
have exercised The power change the Christian
| name of any individual. have known the to
be changed by action of the State Legislature; but not TO
knowedge haye they IN single instance changed the
Christian name OF any person who makes the appica-
ton. But IN this case asked 10 change the Chris
tan name Of an individual, and not the surname.
to be changed by this bill is the son Of ex Senator
Breese OF Illinois, and the why the application
made here instead OF to the local legislature is that he
ia mids nmap in tho may RYAN IL ha linz olonie
ature should make this change OF still The navy
record could not be changed by that Congress has the
only power TO change the upon the navy record.
All that is asked here is act of Congress,
change the naval register to make it conform TO the
change, which the family have already made among
themselves; it is only change the upon the
ord. understand that all precedens require the app-
cation TO be made here. Ex-senator Breese, in making
his application to me, referred the cited by the
honorable senator from North Carolina Mr. BADGER]
for precedent
Mr. BADGER. When said that person appointed
TO the navy army loses his citizenship in the State
where he resided at The time of his appointment, did not
by my language to imply that he lost any OF those
ordinary rights which belong to the citizen OF any State
but what meant TO say was that he 10 be under
the jurisdiction OF the local legislature, He then be-
longs the United States he is and remains where he
is ordered be and remain he is longer the gov
ernor and director OF his own residence.
In regard to the distinction between Christian and sur
name we all know that every man can change his name
he pleases. This individual wishes change his
name, and has done SO but his objec, by this bill is
have changed by an act of authority by which the old
name Is 10 De removed from the register and the new
MI. BAYARD. Is there any precedent of smalar
Mr.. BADGER. There is the one mentioned of the
change Of the name OF Photas Kavasaes to that of Pro-
thus Fish. That individual chaplain in the navy.
The PRESIDENT He was foreigner.
Mr. UNDERWOOD. / am against this bill as at pres
en advised and want TO make one or two suggestions
why, perhaps the bill ought to pass 1t is the
else OF power which il seems to not necessarily to
be exercised the execution of any OF the grants OF the
constitution and 1t TO also that it inerier
ing with matter which belongs exclusively 10 the
States Although am not generally charged with being
very much OF Sate-rg hts man, do believe that AM
as much of scker for the division of the power be-
the general government and the State govern.
ments, and strict consrnconsn in regard grants of
power anybody else. wish TO ask this question II
we begin to exercise jurisdiction the shpmen in
the navy, where is this thing end Will it not
brace all the postmasers of the country, all the army
officers well the navy officers, and every other of
Ger in the government And when of them wants
his changed, will he not ask 10 do IT for him
Now, against this bill because limit to this
exercise OF power | am told that the which is
lied upon as precedent was that OF a citizen re-
siding in the District OF Columbia, and not citizen of
any State Now, deny that aAy person who enters the
service Of this country as officer Of the army or an
oricer oil the navy changes his residence when he
tes the service from that which it at the time he be
came this officer OF the army navy. think he con-
tinues citizen OF State, Notwithstanding his entry into
the service OF the United Satesas much the for
egn minister or consul, who remains citizen OF the
State in which he resided just previous to his appoint
menl, matter 10 what place in foreign country he
removes Now, for these reasons although may seem
10 be little matter, yet not willing 10 introduce
practice oil kind which may thus enlarge the jursdc
lion oi Congress subject not connected with
constitutional duties and which may hereafter
great deal OF our time and il nothing by
fusng 10 pass this bill but the time, that will be
thing gained.
Mr. DAVIS. cannot perceive that this question in
wolves any question OF citizenship anything OF the
kind Some persons change their names, and do not
wish TO be known by their former others change
their names pleasure. Any has right 10 go by
what name he peases Sometimes it is necessary 10
have record, that man may seem TO do il from an
honest purpose Now, all that this wants all that
he desires is TO appear consistent with himself and be
enabled BY record to 90 down to posery and show that
when he assumed name, he was able TO identify
his person. and 90 behind that change and show who he
is and was Now, nasmuch he is officer of this
government, 10 that s very appropriate in
deed TO have this bill passed. order to enable him to
continue his own identity.
Mr. UNDERWOOD. The poin, OF my friends argu-
ment Mr. DAvIsl is, that should make records 10
crafty individual wishes, and thereby TO perpetuate
fact IN which the country has OF interest," and
time is 10 be taken up in business OF that sort for
every individual in the country, may have nothing on
earth 10 do but 10 make these private records cannot
consent TO IL for the very which my friend urges
that time is 10 be taken up here TO crafty these ind
viduas Now II this individual gets his changed
by the general assembly of his State that will not
change the value Of his commission II person should
obtain n commission under the name OF A u, and after
wards have his name changed to D. he could hold his
Office under the commission just well under the
new name as under the old. The act changing bis name
ought not thus to crafty individual at the public ex