Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1855-01-26
Opinion of Judge Dean
ON THE ADMINISTRATION Oh
STANDARDIZATION LAWS.

] nc lfAlAluutls ~ liiAiNf VI A7NRAhht-h Pl'itN
to the Clerk of this Court for admission as
citizen a number Of other aliens made
like application. he clerk was procee lag
to administer the formal oath to the witness
OF the respective applicants when the subiec,
was brought to my notice, and on enquiry
learned that the practice had, for many
years, been for the Clerk tn receive and
pass upon all applications for Naturalization
ana grant certificates without consulting the
Court, aud that the proof on which aliens
were admitted 10 citizenship dld not ordinlr-
iy meet any one of The requirements Of the
statute. On this state Of facts | deemed II
my duty to forbid the clerk from enterta in
ing any applications Of this nature, directing
that all should be made 10 the Court. ] he
application was then made to the Court and
on examination ! found that neither Clark,
nor any one of the other candidates for
citizenship, could furnish proof O! continuous
residence within the United States To- eX-
coed two or three years, and that each OF the
applicants was unprep1rcd with any proof as
10 his conduct or character, during even
that brief period. rs this decision must
change the practice in Naturalization cases
in this Court and affect It IN others, It is due
To the Importance Of the subject. that the
reasons ON which il IS founded should be
given.
There are probably M laws ef public
character 50 inperi,cily understood and so
badly administered "a those for the
naturalization Of foreigners Among the
powers which were by lie States delegated
to Congress was the "one to estab !isl
uniform rule of naturalization" This power
ii. H..
of the government by an act approved by
Washington. March %, 1890. Again in
1875 and l79S IN an act approved by Presl-
dent Adams. All these acts were repealed
in leO2, during the Presidency of Jefferson,
when the act was passed, which, though 1t
has been often modified IN unimportdnt
particulars, anI in but few instances
materially chnnged, is the one now ia force,
and under which the courts derive their
jurisdiction to act IN the premises. one
reason why these laws are so lnperfectly
understood and so 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
are usually ignorant of their pro, slons. By
le.-s T., --.abiisn a unifurn rule OF
naturalization any court 10 the State posses.
sing common law jurisdiction, a seal and a
clerk, can exercise the powers OF these
State Courts, ordinarily familiar only with
the laws Of their own Stale. have their time
occupied 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 laws Is derived from the printed
blanks which he fills mp and signs, on
receiving his fees. By this practice, which,
on enquiry, find Is general universally
certificates o. citizenship are issued IN.
Discriminatory and illegally, without a
compliance 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 ls02, to
which have referred, contains he following
provisions;
Any alien, being free white person,
may be- admitted to become a citizen OF the
United Stites or any OF them. on the follow
Ing provisions, and not otherwise:
LIST. That he should have declared. on
oath or affirmation, before the supreme.
superior, district. or clrcnlt court %; some
one of the States or of the territorial
districts Of the United States, three years at
least hetorc his admission, that it was bona
fife his intention to become citizen of the
United States, and to renounco forever all
allegiance and fidelity to any foreign prince.
pptentate, state, or Sovereignty whatever.
and particularly, by name, the ince.
potentale, state, or sovereignty whereof
such slien may at the time be u citizen or
subject.
I'd Tint he shall at the time of his
e., Ia.
or affirmation, before some one of the courts
aforesaid. that he sill support the constitution
of The United States. aud that he doth
absolutely ana entirely renounce aud allure
all allegiance aud fidelity to every foreirn
prince, polentite, state, or sovereignty
whlieyar, and particularly, by name, the
prince. potentaie, safe, or sovereignty
whereof he was before citizen or subject ;
which proceedings shall be recorded by the
c.erS of The court.
81. That the court admitting such alien
SHALL be iiSiied that he has resided within
the United States five years at least. and
within the State or Territory where such
court is al the time held one wear at least 4;
and 1t shall further appear 10 their
satisfaction that during that time he has
behaved as man of good moral character,
attached to the principles of the constitution
ui The United States, and well DISPOSED To
the good order and happiness of the same
Propided, That the oath of the applicant
shall. IN no case, be allowed to prove mis-
residence"
II VIII be seen that the Court, and not the
clerk OF the count, Is to admit the alien.-
ANA that, as the court, before admitting
hun, IL TO be satisfied of certain facts, il
follows that the powers conferred upon the
Courts are Judicial and not ministerial or
clerical, and consequently that these powers
cannot be designated TO the clerks. but must
be exercised by the Court and requires an
examination into each case sufficiently to
satisfy the Court of the following facts:
l. Five years continuous residence of the
applicant within the United States, aud one
year of like residence within the United
States, and one year of like residence
within the State or Territory where the
Cont to which the application is made is
held.
=. That the applicant duriAg the five
years has conducted himself as a person of
good moral character.
.. That the applicant is in principle
attached to and well disposed towards the
Constitution Of the United States.
The continuous" residence would not
perhaps be necessary from the language of
the section have quoted. but an amendment
approved March 3, 1884, 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 to
become . citizen of the United States who
shall not for the continued term Of fire years
aeu preceding Ais admission as aforssaid
hare resided wifhin m, Tinted States, without