The Trinity times., 1855-08-25
Decisions of the Supreme Court.
Delivered im Sacramento, Mt the Hui,
Term, 1858,

the part Of an alien to become naturalized
under the provisions and Constitution of the
laws oil the L Uited States
1t has been made directly to this Court.
and hrs been resisted BY ocseral eminent
members o. the Gar in the character Of
America cural, on the ground that State
courts have no Jurisdiction over the matter.
1t might be u sciiicien, answer to the ap
| p'icant 10 declare what is the settled decision
of this court, that il is under the State Con
siitution an appellate tribunal, and can take
no original jurisdiction however Conferred
But the Importance Of the question which
has been argued at the bar, and the learning
and research which have been eYinced in the
examination induce US to depart from our
usual habit 10 conside, and determine the
proper construction which should be given to
the constitution and laws of the United States
in respect 10 the question Of naturalization
Two propositions which have been made by
the counsel opposed to the applicant will first
b. disposed Of
These are, first, that the power to natural
ize by virtue Of the act Of Congress Of 1902
is ii udlcial one /; and second that Congress
i.;:s no power to confer Jurisdiction upon the
courts Of State. Upon both these proposi.
tons We atti:matiYely concur. II is a lud
clal power, because upon evidence a cOnclu-
sion has TO be attained, resulting from the
exercise of the judgment Of the court. This
is simple ard c,ear enough without resorting
to authority But nevertheless we Will refer
70 the case Of Spratt VS.. Spratt, Peters.
405 where it is distinctly so settled By Chief
Justice Marshall
Congress has no po yer 20 confer iursdc
ton UPON the courts nf a State h>cause, first.
The constitution @ vcs it no such power and
secondly, the constitution expressly declares
that " the judicial power Of the United States
shall be vested in uDe Supreme ChGrt, and
IN such inferior courts as the Congress- may
lroG' time to time Ordan and establish" See
sec. art. |. Constitution u. .S.
There iayc been various adlu1ica;ions
maintaining this view, which it wall be suifi.
cient simply to cite see Martin vs. Hunters
lessee, Wheaton; the State Of Maryland
vs.. Thomas Butler, reported in IL Niles
Register. p. Is United States vs. Mcbride,
Rice r., 400.
1t vas urecE in the course Of the argu-
ment, and some authorities were cited to The
effect, that a'Iiough Congress could not con.
fe jurisdiction on . State court SO as to com.
pei It's exercise yet it would be legitimate il
the court WAS willing to accept it. This is,
TO me, s0hcisIn.
court is creature of the constitution
and laws ender which il exists. To exercise
any power nit derived from such constitution
aud laws would ncct ssarily be usurpalion
II sounds curl Us 10 gay 4" Congress has no
authority to give this posger to the court, yet
the court exercises this power by virtue of
the authority Of Congress"
come now to the consideration of the
main ccestion whether the State Courts Of
California, and what State Courts, have the
power TO naturaze and have come 10 the
c0nclusiCa t'lu, this qaest on is but little af
Hected by the prnpus tiuns which have c 2
already led To consider, on account Of lmv
seeming importance attached to Them by the
learned counsel and the able manner in
wh 'ch they were presented.
in the Slh section Of the LIST article of Tho
constitution, ennmerating the powers Of Con
gre's, ~ the following separate clarsr:
20 tGtac!ich an rniiorr7 rule OF natu
ralizat;on and rnilorm laws ON he subject of
BANKRUPTCIES throughout the United States :"
by mctaphl sical refinement in examining
the form Of our Government it might be-
correctly said that there is no such thing n
ctiz-n OF the United States But cunE;unt
usage, arising from convenience, and, per-
haps necessity, aud dating from the torn,a
ton Of The Confs&cracy, has given snbstan
tial cx stence to the idea which the term
conveys. A citizen of any oup Of me States
Of the = nion is held 20 De. cnG called citi-
zen OF the nited States. At the time of the
adoption of the constitution the States had
power to MAKE citizens of aliens. Does the
clause of the c'nslitcticn above quoted de-
prive them ~ tl
The true rule Of construction as to the ex-
ciusv"Ifpss Of the powers Of Congress-. if,
first, that il must be granted exclusively {;
second, frnnted to the States; III ri, from
the nalere Of the power, It's exercise by both
must be incompatible aud rcongraous.
Does the power under review come " within
either Of these POSITIONS II we examine
the language closely and according to the
rules Of rigid construction always appl cable
to delegated pow ers, we will hnd that the
power to naturalze in fact is no, given to
Congress. but simply the powtr to establish
an uniform rule. The States are not forbid
den to uateralze. nor is there anything in
the exc rcise of the power by them lncougru.
Gus Or Incompatible with the power Of Con
grtss 10 estab 81 an uniform rNiS That the
States. if they choose to exercise the power
as az ciig ma one, nnst abide by the rule
which Congress makes, there cannot be the
| slightest difference Of opinion. The power
given 10 Congr' ss was, according to my ap
prehenslon, intended % provide n rule for
the action Of the S,a.ca, md not a rhe for
the action Of the Federal Government, Else
why vas the term uniform made To quail
! ify rule - If it was designed simply to
give the power Of making ctzcna to Con-
eress. simpler modes Of expression might
| have been used, aud ought tu have been r.
| CURED. and surely there would have been no
use for the term uniform Why she Gid
| the illr be uniFurn unless more than Que had
! 10 execute the rulc9 II certainly could not
/ have been imaghed that CoDgr,ss would
have made rule F.'r Us oan action. Or the
action Of It's own officers, &hieh could have
operated without uniformity.
The States had the power 70 hati.ralize
| i'rvigners, and there vas no necessity for
this power 10 BIZ surrendered " the General
GoverantHt, But by another cla,i.e Of the
| consu'siisn, eertch let Of article 4th, il was
1 determined that th4 cit z.us ff zach stat.