Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-12-30
NATIONAL INTELLIGENCER.

NATIONAL NTELLIGENCER.
TIE NATURALIZATION LAWS.
In the case of recent application for naturaliza-
tioa Judge DEAN, of New York, delivered the fol-
loving Opinion, which is Of general interest.
NV YoRx SUPREME Consequences CouSrY.
In Aemaa Of tic application of John Clark TO become
citizen Of the United States.
Thu petitioner, native Of Scotland, applied to the
clerk this for admission citizen. number
Of otkr aliens made like application The clerk was
proceeding administer the formal oath to the witness
ofherespectve applicants when the subject brought
TO nynotce, and inquiry learned that the practice
hadr many been for the clerk to receive and pass
upons applications for naturalization and grant cerf
Gates without consulting the court and that the proof
on which aliens admitted to citizenship did not ordi-
any Of the requirements Of the statute Tn this
state ocs deemed my duty to forbid the clerk from
entertaining any applications Of this nature, directing
that al spud be made to the court. The application
was .nen Apde to the court and examination found
snat Clark any Of the other candidates
or c.lensnp could furnish proof of continuous resi-
dence within be United States exceed two or three
years, ana ina each Of the applicants unprepared
VIZ any PROOF to his conduct or character during that
AS this decsionmus change the practice in natura-
saon cases in thcourt and affect it in Others 1t is due
the ofhe subject that the on which
1t is founded should begiyen
There probably no laws Of public character 40
understood and badly administered those
for the naturalization Of foreigners Among the powers
Wncn were o the States delegated to Congress the
one 10 establish unifrm rule Of naturalization"
TINS power exercised thu year after the formation of
me Goyernment, by an act approved by Washington,
March ~ 1880 again, in 1896 and in 1885, in act
approved by President Adams All these acts were re-
pealed in 1902 during the Presidency Of Jefferson when
ne act was passed which, though has been modified in
rally cnanged Is the one now in force, and under which
the courts derive their jurisdiction act in the premises
One why these laws mperecty understood
and badly administered is that the statutes of the
United States have little application to the affairs Of the
States and the best lawyers Of the several States
usually ignorant Of their provisions.
By the laws to establish uniform rule Of naturalza
ton any court in the State possessing law urs
dction, seal, and clerk exercise the power Of
admitting aliens citizenship. The judges Of these State
courts, ordinarily familiar only with the laws Of their
State have their time occupied by attending what
they regard as their judicial duties and permit il they
do not ORDER applications for to be made to
the clerk, whose knowledge of the law Is derived from
the printed blanks which he fills up and signs receiv
ing his fees BY this practice, which on inquiry find
general If not universal certificates Of citizenship
issued Unfortunately and illegally, without comp-
the part Of the alien with any Of the require
meRts Of the statutes except taking the oath Of allegiance
The first section of the Of 1902 to which have
ferred, contains the following provisions:
Any alien being free white person, may be admitted to
following conditions, and not otherwise:
First That he shall have declared oath affirmation,
before the supreme SUPERIOR district circuit court Of
OF the States the Territorial districts Of the United States
circuit district Of the United States hreea years
at least before his admission, that his nten
forever all allegiance and fidelity any foreign prince poten
tate state sovereignty Whatever and particularly by
the prince state sovereignty whereof such alien
may at tho time be o citizen or subject.
Secondly. That he SHALL the time Of his application to
be admitted declare, oath affirmation one
Of the aforesaid that he win support Constitution
othe United States and that he doth absolutely and entirely
renounce and abure all allegiance md fidelity every
gn prince state sovereignty whatever and
cuary by name the prince poenate state sovereignty
whereof ne before citizen subject which proceedings
shall be recorded by the clerk Of the court.
Thirdly That the court admitting such alien shall be
shed that he has resided within the United States years
at least and within the State Territory whore such
pear to their satisfaction that during that time he has be-
haved as man of good moral character attached the prn
cps o. the Constitution Of the United States and well dis
That the oath Of the shall in no case be allowed 70
prove his residence "
1t will be seen that the court and not the clerk Of the
court is to admit the alien and that the court be-
fore admitting him, is to be satisfied Of certain facts it
follows that the powers conferred upon the courts u
dcial and not ministerial clerical and consequently
that these powers cannot be delegated to the clerks but
must be exercised by the court and requires exami
nation into each sufficient to satisfy the court Of the
following facts:
a. Five years continuous residence of the applicant with
in the United States and year like residence within the
State Territory where the court to which the application is
made is held.
That the applicant during the FIVE years has conducted
himself as person of good moral character.
That the applicant in principle attached to and well
disposed towards the Constitution Of the United States
The I" continuous" residence would not perhaps be
necessary from the language of the section have quoted
but IAN amendment, approved March 8, 1873, by Pres
dent Madison, provides:
"That person who shall arrive in the United States
from and after the time when this shall take shall
be admitted to become citizen Of the United States who
shall not for the continued of five years preceding
his admission aforesaid have resided within the United
States, without being any time during the said five years
out Of the territory Of the United States"
This amendment is now in force, except the words
without being ut any time during the said FIVE years
out of the territory Of the United Staes These words
Were in l848 in IAN 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 l848 to allow seamen who were ac-
tuay engaged any Of the public private vessels Of
the United States, and thus in their business were
sary beyond the limits of territory avail them
selves of the naturalization laws but the person draw
ing the repeating clause made it general instead of an
exception in their favor. Whether Congress should
restore this provision making exception In favor of
the and the soldier it is not for me now to say
as am nqurng only what the law is, that it may be
administered correctly
From the parts of the laws of Congress to which
referred think there be doubt of the correctness
OF the position have taken the subject and that the
practice Of the clerks in issuing certificates Of citizenship
without any application to the court and on proof Of
residence only is abuse which needs to be corrected
1t was never intended by those who enacted the for
naturalization Of aliens that persons who had been
ported for crime that those who here merely
because Europe was too full for them but who retained
80 60 ~