The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-27

Interesting . E'r S3!: Ass.s = s'''.A'
OPINION or JUDGE DEAN on THE AU1mDDfRATToM
or TEE NATURALIZATION LAw1
cerf d thI Court for sdaission - o3tilsn mum
q 70 e! oath
witness Of the respective applicants when the subject
the practice had for many years BEEN for the eisr.
:: Court
and that he proof on which aliens were admitted 70
citizenship did not ordinarily nsss e.; any ono q TIE re-
any applications Of ths nature directing that AL should
be made the Court The application then made 70
any Of the other candidates for citizenship could
furnish proof of continuous resdence within the United
the applicants was unpreparsd with any proof As to his
conduct or character during even that brief period As
cases in th Court AND IL others Is due to
the Importance Of the subject that the which
tits founded should b given There are probably no
and 80 badly administered those for the naturaza
ton Of Foreigners Among the powers which were BY
taSlish Uniform rule Of nsturaii.ation" This power
exercised the year after the formation Of the gov
in ID IN az as
by President Adams All these acts repeal
when the act Was passed, which, though il has often
been modified in unimportant particulars, and in
few Is the h. one NOV IN
ton to act in the premises One reason why these Laws
imperfectly understood and badly administer
application to the affairs Of the States and the best law
Of the several States usual. ignorant Of their
provisions BY the laws to establish uniform rule Of
naturalization any court in the State possessing
mon law jurisdiction, seal and clerk, can exercise
judges Of these State courts ordinarily familiar only
with the laws OF their state, have their time
pied pied. By attending 70 what they regard As their
| applications for naturalization to be made to
the clerk, whose knowledge of the laws !. de-
which on inquiry find Is general not universal
Illegally without compliance the part Of the alien
with any Of uirements Of the statutes, except
act Of 1907 to which have referred contains the fol-
Any alien beng free White may be I'D
Of them, on the following conditions and not other
slst. That he shall have declared on oath aarma
ton, before the supreme, SUPERIOR district circuit
court Of some Of the States of the dis
Of the United States three this BY amendment is
now .two''l years, At least before his admission,
to an s
glance and fidelity to any foreign prince, potentate
state or sovereignty wh.tever and particularly BY
Of such alien may at the time be citizen subject
cody That he shall at the time Of his application to
Of the courts aforesaid that he win support the
constitution Of the United States and that he doth abso
ds a prince e possas
sovereignty Whatever and particularly BY name, the
prince potenate State or sovereignty whereof he was
recorded by the clerk Of the Court.
"3dly That the court admitting such alien shall be
satisfied that be has resided within the United States
ave at least and within the State or Territory
where such court at the time held year at least
and shall further appear to their satisfaction, that
during rhat time he has behaved Of good moral
character attached to the principles of the constitution
the United states shd wen disposed the good order
the applicant shall In no case DO allowed to prove his
It win be seen that the court and not the clerk Of the
court, 10 to admit the alien And that the court be-
fore admitting him. is to be satisfied Of certain facts it
judicial and not ministerial clerical and consequently
that these cannot be delegated to the clerks but
must be exercised BY the court and requires an exam
nation into each sufficient to satisfy the court Of
| the following facts
]: Five years continuous residence Of the applicant
within the United States and year Of like residence
within the State Territory where the which
the application is made, is held.
q That the applicant during the five years has
| Quoted himself person Of good moral character.
g. That the applicant is in principle attached to and
well disposed towards the constitution Of the United
| Tie continuous residence would not perhaps be
necessary from the language Of the section have
quoted but an amendment, approved March 1913, by
| President Madison, provides =
That person who shall arrive in the United States
shall be admitted to become citizen Of the United
States, who shall not for the continued term of Eve
esded within the United states, Without being a. any
time during the said five years out Of the territory Of
This amendment is now in force, except the vorls
"wthsut being at any time during the said 1--WE 80
out Of the territory of the United States" These
were In lS4S in an act for the regulation Of seamen
board the public and private vessels Of the United
States" struck from the section. The object of the
amendment Of 1s4S was to allow seamen who were ac
vaie vessels Of the United states and thus in
their were the Limits Of
laws; but the drawing the repeating clause made
1t general instead Of exception in their favor wheth
exception in favor Of the and the soldier It is
not for me now to say, am nquring only what the
law is that 1t may be administered correctly by this
Court From the parts of the laws o. Congress which
have referred think there be doubt Of the
that the practice of the clerks in issuing certificates Of
citizenship without any application to the Court and
proof Of residence only is abuse which needs to be
corrected 1t intended by those who enacted
the act for the naturalization of Aliens that persons who
had been transported for crme-that those who
here erey because Europe was too full for thembut
who retained their loyalty or feeling for the
chies they had left Should they remained here for
the period years. entitled to admission to citizen
here from abroad seeking permanent home-who, by
five years Of continuous residence manifested that in
tentonand by good behavior during all that time and
an attachment to republican principles which could be
proved to the satisfaction of court had shown them.
scVes worthy Oh Deuents 70 DC uer1veu
from citizenship and safe repositories Of the powers it
coners to be admitted to these rights and the exercise
of these powers by order entered in open court after
an examination into the facts Of each caseand judi
| ciai decision upon the applcaton-an examination
which should be conducted with the care and q
decision which should be made with the debera.
| ton and solemnity that which should
psny, every other judicial act. Those courts
| which, instead Of administering this law, have
| by their negligence and inattention practically
repealed it. admitting thousands to the rights citizen
ship who want all the requisites to entitle them to such
admission have been guilty OF violation of duty,
and have made the law itself odous In public estimation
OF the wisdom propriety of our present or Of any
naturalization laws not my business at this time to
speak, my duty is to administer the laws they
are. am compelled, for the have stated to
deny the prayer of the applicant and also to forbid the
clerk FROM in any manner exercising the powers
ferred by Congress upon the Courts This is all that
necessary for to say in deciding the before
the Court but there are other provisions of the natural
understood By the act Of May 2 1924 theperod between