New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1855-09-21
NATURALIZATION.

y Under the above hssding. . very able an,
|oonclusive communication appeared in the Be
Of Thursday II we are not mistaken, Il il a
emanaticn from the pen of one Of the soundes
iswycrain the city.
For some time past the question OF naturali
zstion has been thoroughly discussed by al
classes Of citizens Probably more attention ha'
been paid to the subject than at any given Pc
riod of our political history. The great prlnoi'
pies at issue; their Importance, whether oonsid
erred relatively or progressively; their beazsnf
upon parties and political associations; tn
strange antagonisms and alliances they super
induce. whereby old friends find themselye
arrayed in opposing ranks, and ancient enemie
are found fighting shoulder to shoulder in com
pletest harmony; the dire enmity with which tb
leaders-three-fonfth of the masses have lony
since gone over of one Of the old parties pursu
the American party, 10 which they are joine,
by a majority Of adopted. voters the late natu
and the rather unusual circumstance
attendant thereupon, have ail tended to arouse
spirit Of investigation, combined with an iroI
determination to ascertain the right and true
and act accordingly regara less Of consequences
OF course such discussions and Investigations
naturally led to results, of one kind or another.
and among these the question whether an alien
could be naturalized, in accordance with the
laws regulating the courts Of the Parish Of nr-
leans, between the Fourth Of July and the first
week in November Very strong, if not ahso-
.lutely impregnable arguments, are presented
going to show that all such naturalizations are
utilities, and that the courts granting them
have stepped beyond the bounds prescribed,
and under which alone they have authority and
existence If these positions are correct, great
deal of labor and tronble has been undergone
for nothing all of it has to be done over again
u dead, insurmoantahle lock, until November.
We will NOW proceed to extract from the very
able communication above referred to:
The applicant for (naturazaton) ADMISSION to citizen
shin must have resided at beast re years imediau pece
ing the application in the United States; but tempor-
ny business plessnre without the inten-
ton of location in foreign country, will not impair his
right
The applicant must have resided in the State to the
ribupa If which he applies year at least before he can
Ds naturaiiksd
He must apply to Court, not Judge, to be admitted
md Court only SIT in the room where ID transacts
he legal business of euitors 1t where
70 sit in clerks uce, or In the 81 Gharies Hotel
the streets, cabaret, would b. all the same anu
the naturalization Of foreigner at either psce is
ity The law confers power Judge to hold Court
such places and the judge who the exercise
power transcrnds his Jurisdictions and his acts
are nssjudice and void judge can hear a suit
argued Court but be cannot pronounce Judgment
except in open Co for it is only then and there that the
law has armed him with the authority Of adjudication
There is about as much meaning in the fore
going as we ever kneBi to DO compressed within
the same space. Every word tells The .appli-
,ant mnst have been resident Of the copntry
i've years. and of the State one yedr before he
8 entitled to naturalization. Wonder If these
ittie points have been strictly attended to? It
s doubtful; but as there is no lack of profess
ionot stoearers in this settlement, commonly
Known - New Orleans, it is very possible the
Fosnas oflaw have been complied with, while its
.ssence and spirit have been disregsrded.
The distinction drawn between Court and o
nudge, is, to our mind, more than ordinarily
ignifcant. 1t DRAWS clearly marked line
4 division, and the arguments in support
hereof are truly powerful.
After stating that the process of naturaliza
ion is clearly Judicial ons,' the writer above
uoted remarks:
hfs being It irressby results that 1t must be d.
ded BY the judge when sitting in open court in his
llrsi capacity Such courts a. are adjourned or tha
urth OF July cannot naturaize any during the re-
as because the law has suspended their action until h
rst Monday Of November following, and no Judgments
an be rendered except by the mutual Of the
es The law organizing the district courts this city
EXPRESSLY deesres that the shall be opan from the
rat week IN November to the fourth of July of each
ut for criminal and probate causes ana for granting ,
eato,y orders they shalt remain open all the year Now
ls naturalization Of an alien is net criminal or probate
usr nor Is IL the granting Of interlocorv order Te
y OF Congress declares 1t to be legal process and tim
udication Of it Judgment What then becomes Of tbs
tiers q granted by the Judge Of the rst
strict court in the clerks office They are all uu,ties
cause they are not IN conformity to tho
laws OF Congress- and beyond the sgai power Of the
age so DISTRICT oouts OF this State has any legal
Gritty to grant letters Of citizenship to anybody except
tween the first week Of November and the fourlb nf
~ The coart djourued land con only exercise the
WerH aaecfalg authorized by law The forty Americans
@ have basn daily manufactured have not the riehts
i've citizenship bat In theeye the law are foreaers
y repeat, 1t is mot the judge who naturalse but
ths dstrioe court that ust do it, under the acts Of
ngrssa and must be done in the hall designated nv
ior the holding OF the court and epelly and pbIie
all may see the process and defeat IL case Of fraud
fJury, oorruPtien or unhtnesa. sil 1
We are not versed in the iaw--haye no pre-
nsions in that line--but. judging from the
regoing specifications, evidently quoted from
9 law itself, il appears as clear as the noon
y sun that all naturalizations, granted du-
% vacation, are manifestly Illegal, contrary
the spirit and letter Of the law, and, an d ne.
isary consequence, null and void. Indeed,
have heard that more than one of the Judges
our District Courts have refused to natural
!, on these very grounds--alleging the prohi-
ion Of law as the cause Of their refusal. At
events the subject ia nne M suoh vaat II, |