Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1855-01-26


lS48. repealed in :" an act for the regulation
Of seamen on board the public and private
vessels OF the United States" and thus in
the ir business were necessarily beyond the
limits of our territory, TO avail themselves Of
the naturalization laws; but the person
drawing the repeating clause made It general
instead of an exception in their favor. -
Whether Congress should not restore this
provision, mi king an exception in favor Of
the seamen and the soldier. 1t IL not for me
now TO say, as am enquirng only what the
law is, that il may be administered cor .ectly
by this court.
From the parts of the laws of Congress to
which have referred, think there can be
no doubt of the correctness of the position
have taken on this 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 an
abuse which needs to be corrected 1t was
never intended by those who enacted the
act for the naturalization of aliens. that
persons who had been transported for crime
that those who came over here merely be-
causcEuropc was too full Tor them-but who
retained their loyalty Of feeling for the
monarches they had left, should because
they remained here for five years, be entitled
to admission to citizenship. The intention
was to permit those who came here from
abroad seeking permanent hone-who. by
five years continuous residence, manifested
that intention and by good behavior during
all that time and an attachment to republ-
can principles which could be proved TO the
satisfaction ola Court, had shown themselves
worthy recipients of the benefits 10 be
derived from citlzenshp-and safe deposition.
les Of the powers It conters TO be admitted
TO these RI hts and the exercise of these
powers. by an order extended in open Court
after an examination into the facts Of such
case--ana a judicial decision upon The
application--an examination which should
be conducted with the same care. and a
decision which should be made with the
same delberaton aud solemnty as that
which should accompany every other
judicial act. Those Courts. which instead
OF administering this law, have by their
negligence and inalteniion practically
repealed 1t, admitting thousands to the rights
OF citizenship who want all the requisites 90
eniiie them to such admission, have bcen
guilty Of a gross violation Of duty and have
made the law itself odious 10 public
estimation. OF the wisdom or proprctv uf
our present, OF Of any naturalization laws, II
Is not my business at Tins time 10 speak my
duty nov Is TO administer the laws as they
arc. am compelled for the reasons have
stated, to reject the prayer Of the applicant,
aud also 10 forbid the clerk from IN any man
nor. exercising the powers conferred by Con.
gress upon the Courts.
This is all that II rs necessary for me 10
say in deciding the case row before the
Court but there are other provisions Of the
naturalization laws which arc loosely
interpreted. or wholly misunderstood. By
the act OF May 2h, 1898, the period between
the declaration OF intention and granting the
Certificate Of citizenship ia reduced from
three 10 two years but ih:s ia no manner
affects the requirement OF five years
continuous residence.
The first section of the same act pre-
scrbes a different rule for the naturalization
OF aliens who arrived ia this country prior 20
attaining the age OF eighteen: 1t Is:
ANY alien being free white person. and
a minor, under the aye of twenty one years,
who shall have resided IN the United States
three years next preceding his arrival at the
age of Twenty one years, and who snail have
continued to reside therein to the time he
may make application to be admitted
citizen thereof, may, after he arrives at the
age Of twenty-one years within the United
States, including the three years of his
minority, be admitted a citizen OF the l..
5. without having made the declaration
required IN the first condition OF the first
section of the act 10 which this IS an
addition, three years previous TO his
admission Provided, Such Alien shall
make the declaration required thcreln at the
time Of his or her admission and shall
further declare, on oath, aud prove to the
satisfaction Of the court, that fir three years
neat preceding 1t has been the bona tide
intention Of such alien to become a citizen
Of the United States. and shall IN all other
respects comply with the laws 10 regard to
naturalization"
The practical construction of this proyis-
ion ! am Informed Is for the clerks To admit
aliens who will make oath they arrived
during their minority on proof OF three
years residence, The true construction -.
that 1t merely does away with the necessity
Of a previous declaration of intention to
become citizen, on thu part Of those tho
arrive IN the country prior to attaining the
age OF eighteen wears, bu, requires instead
OF such previous declaration, the oath of the
party, and also proof that for the three years
next preceding, Il has been the InleLiion
Of the alien 10 become a citizen, bat in all
other respects the act of 1902, and lis
amendments. are to be complied with by the
person who applies under this section.
The act Of l-02 provides that no person
arriving after the pass &c of that act should
become a ciiizen unless he had his name,
birth place, age, nation, &c. registered IA
the clerks office, where he arrived and
also the place of his intended settlement.
aud required that the clerk should record
this in his office and grant certificates. Ia
iel6, an act still more stringent in its
requirements us to the evidence 10 cases of
naturalization was passed aud remaned in
force until lo2S, when these provisions were
wholly repealed. There are several other
statutes relating TO the subject Of naturalz-
alton, which are not formally repealed but
which have become obsolete for want OF
persons 10 whom they can be applied The
man who would collect and enbody in a
single act the operative portions of the
various statutes or this subject, with such
amendments az experience has shown are
necessary TO their due and faithful execu
ton, would be public bcnefactor Wnlle
they are, as nov, scattered through the laws
Of Congress from 1902 down To Isis. Il
cannot be expected that the Judges of the
various Courts will undertake the task Of
ascertaining exactly which section and line
Is IN force, and which is repealed, conse-
qnenlly the administration of these laws
will be loose and defective until such an
act is passed. And when that Is done and
the laws are administered in their purity, it
will be apparent that the faults have been
far more in the administration than in the
laws themselves.
fof the wa,chmtH.
Washington County