Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-12-31
The Naturalization Laws.

aizaton, Judge Dean, OF New York, delivered
the following opinion, which is of general in
terest:
New YORK SUPREME CouRT-DurcHEss
COUNTY
In the matter ofthe application of John Clark
to become citizen Of the United States.
The petitioner, native OF Scotland, applied
to the clerk of this court for admission us a
citizen. number of other aliens made like
application. The clerk was proceeding to ad-
minister the formal oath to the witness of the re-
spective applicants when the ubjectwas brought
to my notice, and on inquiry learned that the
practice has for many years been for the clerk
to receive and pass upon all applications for
naturalization and grant certificates without
consulting the court, and that the proof on
| which aliens we're admitted to citizenship did
not ordinarily meet any of the requirements of
the statute. On this state Of facts deemed it
my duty to forbid the clerk from entertaining
any applications Of this nature, directing that
| all should be made to the court. The applica
ton was then made to the court, and on ex-
| animation found that neither Clark nor any
| one of the other candidates for citizenship
could furnish proof of continuous residence
within the United States to exceed two or three
years, and that each of the applicants was un-
prepared with any proof as to his conduct or
| character during that brief period.
As this decision must change the practicefn
naturalization cases in this court and affect it
in others, it is due to the importance Of the
| subject that the reasons on which it is founded
should be given.
There are probably no laws of a public char
acter so imperfectly understood and so badly
administered as those for the naturalization OF
foreigners. Among the powers which Were by
the States delegated to Congress was the one
to Establish uniform rule of naturalization"
This power was exercised the year after the for.
| nation of the Government, by an act approved
| by Washington, March 26, 1890; again, in
1895 and 1898, in an act approved by Presi-
| dent Adams All these acts were repealed in
1902, during the Presidency of Jefferson, when
the act was passed which, though it has been
modified in unimportant particulars, and in a
few instances materially changed, is the one
| now in force, and under which the courts derive
their jurisdiction to net in the premises. One
reason why these laws are so imperfectly un.
derstood and so badly administered is that the
statutes of the United States have little appli-
cation to the affairs of the States, and the best
lawyers OF the several States are usually igno-
rant of their provisions.
L
naturalization any court in the State possess.
ing common law jurisdiction, a seal, and a
clerk, can exercise the power of admitting
aliens to citizenship. The judges of these
| State courts, ordinarily familiar only with the
laws Of their own State, have their time occu.
pied by attending to what they regard as their
judicial duties, and permit if they do not order,
applications for naturalization to be made to
the clerk, whose knowledge of the law is deriv-
ed from the printed blanks which he fills up
and signs on receiving his fees. By this prac.
tice, which on inquiry Find is general, if not
universal, certificates of citizenship are issued
unfortunately and illegally, without a COM
pliance on the part of the alien with any of the
requirements of the statutes except taking the
oath of allegiance.
| The first section Of the act of 1902, to which
| have referred, contains the following proyi-
sions:
ANY alien, being a free white person. NAV be
admitted 10 become a citizen Of the United States
or any of them, on the following conditions, and
| not otherwise:
:" First. That he shall have declared, on oath or
affirmation before the supreme superior district or
circuit OF some ofhe States or of the Terrific
rial districts OF the United States or circuit or
district court Of the United States threex wear,
4 al least before his admission that il was bona
fde his intention tobecome a citizen of the Uni
ted States, and 10 renounce forever all ALE
| glance and fidelity 10 any foreign prince potep-
taie State, or sovereignty whatever, aud partieu.
larry by name the prince, potentate, State or SOW
ereignty whereof such alien may al the time be
/ citizen or subject.
| "Sscondly. That he shall al the time of his
application 10 be admitted, declare on oath or af
frmation, before some of the courts aforesaid
that he will support the Constitution of the United
States and that he doth absolutely and entirelv
4 nj & a
every foreign prince, poteniate, State, or SOW.
| ereignty whatever, and particularly by name the
prince, poteniaie, State, or sovereignty whereof
be was before citizen subject which pro.
ceedlngs shall be recorded by the clerk of the
court.
Thirdly That the court admitting such alien
shall be satisfied that he has resided within the
| United States five years at least, aad within the
State or Territory where such court is al the time
held one year at least; and it shall further appear
TO their satisfaction that during that time lie hs
behaved as a man OF good moral character at.
tached 10 the principles Of the Constitution OF the
United States and well disposed 10 the good order
and happiness of the same: Provided, That the
oath o. The applicant shall in no case be allowed
10 prove his residence"
II will be'seen that the court, and not the
clerk OF the court, is to admit the alien; and
that, as the court, before admitting him, is to
be satisfied OF certain facts, it follows that the
| powers SOhiciieu upOu tue courts are JUDICIAL,
and not ministerial or clerical and consequent.
ly that these powers cannot be delegated TO
the clerks, but must be exercised by the court,
and requires an examination into each case
sufficient to satisfy the court of the following
facts.
al. Five years continuous residence OF the an.
plicant within the United States, and one wear OF
like residence within the State or Territory where
the court TO which the application is made is held.
90. That the applicant during the Eve wears
has conducted himself as person Of good moral
| character.
80. That the applicant is in principle attached
10 and well disposed towards the Constitute Of
the United States"
The Continuous" residence would not per.
| haps be necessary from the language of the
section have quoted, but an amendment an.
proved March 3, 1913, by President Madison,
provides:
"That no person who shall arrive in the United
States from and after the time when this Act shall
take effect, shall be admitted 10 become citizen
OF the United States who shall not for the con.
| tnued term Of five years next preceding his ad-
mission as aforesaid have resided within the Uni.
| ted States, without being at any time during the
said five years out OF the territory Of the United