The Trinity times., 1855-08-25

OF the States. race wonll have been run for
the acquisition of population differing in its
radicasm only according to the difference OF
opinion rs to the danger Of the sudden intro
duciion Of too large foreign eiement and
as once admitted to city nship in one State
the alien would have all privileges in the
other States, it would be in effect allowing
Ole State to modify or break down the policy
of another. Hence the necessity arose not
that Congress should have power to natural-
ize, But should have power to prescribe to the
States q rule to be carried out by them, and
" hich should be uniform in each. II this
were not so, il foRowa couc,usvely that there
is no mode by which i foreigner can be made
exprcssl citizen OF a State, and then it fol.
lows that Is it is only the citizens of the State
who are entitled 10 all privileges and mmu.
mites uf the several States. ii the process is
left alone to the action 6f Congress through
her Federal tribunals. and in the form which
they have adopted. then distinction both 10
nanie and privileges IS made to exist between
citizens OF the United States er II ttfmini,
aud citizens Of the respective States.
! cannot concsde that such result was
ever contemplated, and w. it would be ln.v-
table upon ANY other hypor'.esis than that
the " uniform rule" declared by the consti-
tuition, way Intended to be prescribed TOR the
action Of the States, and that BY this role
they were left to exercise or not their original
power of naturalization.
The next ueuiry which in in proper order.
is whether the State Of California haa deter
mined by her legislation 10 admit Foreigners
4L,t ,,E 4
tahlirhe9 by the various acts of Congress?
This questid. II Tny opinion is settled in
tho affirmative by an act passed May IS,
1853, entitled " An act to define the fees to
be charged b. tire Clerks Of Courts for the
naturalization Of Foreigners
This act, after providing the amount Of fees
TO be allowed the Clerks in the process of
making cl;ztns, declares: " And said papers
herein provided for shall be issued by the
court upon application Of any individual enti-
lied 20 receive them, and upon his comply
ing with the provisions Of the naturalization
lawso
Much criticism might be indhlged upon the
form of this law, and upon The fact that its
caption shows that Ii Was intended only rs Il
fee bill.
Bus itmust be conceded that in the con
strur,iah Of laws The principal consideration
is the Intention Of the law maker. Governed
by this rule, have no hesitation in saying
that the act in question is eqtivalcnt % d.
rect and nalpab,e declaration by The LegBa
turc which en.cted il, 't!lA, i. recognized the
rule of naturalization prescribed for tile States
hy Congress, and determined thai the courts
OF this Stale, OF competent jurisdiction,
should he vested with the power Of carrying
IL out.
If this were not so there vas no reason
whatever l"r passing the act. and courts eau
not decide an act to be imperative where n
substantial meaning and design can be- drawn
from its expressions In ihB act the courts
are vestsd with -lnsisdiclion, cot they are re-
qared 10 ig.oe NJ certificates OF naturaza-
zion, and TO determine that The individual is
entitled to receive them
The laws Of Congress Ttte Uniform rue)
are ret0gnf1cG az the rulo of action, for the
term " naturalization laws applies To none
other, and their provisions are required ex-
pressly to be compiled with.
hat, however, are the courts Of compe
tent jurisdiction 10 answer this. We must
turn to the act Of Congress oi 1862, and be
governed by the rule there established.
Congress having power under the consti-
tuition to make the rule, certainly had the
right to make the eIercise cr it II judicial
cover, and fix upon the class oi cor,~,s which
might BE- invested with the iu isdjciion. r'lis
it could do as q rart Of the rule, although it
might not directly confer the Jurisdiction.
BY the third section of the act of 1902, it
is enncted "ihat every Court Of Record in
ind 1t,1u
risdicton ard seal and clerk or prothonota-
ry, shall be considered as n District Court
within the ,rca1lng uf this act"
W. nave already determined thu, this court
has not the jurisdiction, because its powers
are exclusively appella'
TIE District Courts u this State are courts
Of original and common law jurisdiction are
courts Of record, and have u seal ana clerk
and consequently come fully within the de.
sCription OF the rule laid down by the ac Of
1872, and therefore under the act Of this
State Of 1853, are FUZZY invested with power
Of jurisdiction To natoreltc foreigners who
exhibit the qualifications fixed by the laws Of
the nited States. The other courts Of this
State are inf, rior aud Of limited powers they
are niade courts OF record by our statute bHt
they have only statute and not common law
jurisdiction, ard therefore not cc ling within
the class enumerated by the act of Congress
have 40 power to grant naturalization, and
any attempt Of the kind would be nee. ssarly
cJIdm non }'d.,e ANA void
FOR tho want Of jurisdiction in this court,
the application is denied
HEYDENFELDT, }.
We concur MURRAY. g. j.
BRYAN, j.