New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-03-31

excluded by vesting the judicial power in the
Federal courts alone. u,aius est eaci,,sto
aiteri,s " is maxim in law as well as in and
applied to the language of the Constitution cuts
the argument that the State courts can be clothed
with any portion Of the judicial power Of the Federal
Government. 3 49, ssf. ty4I
we ale met with the argument that, by comforting
judicial power on the State courts, Congress does
ordain and establish them inferior courts Of the
United States rail the purposes for which that
power is conferred This IS fallaey for two reasons
LIST. 1t is abb invasion Of Of y separate
and distinct sovereignty /, and therefore null. NO
power, State or Federal can exercise my authority
beyond its limits al d government, and the attempt
by one sovereign to exercise political or Judicial
powers within the exclusive limits Of another soYer-
eighty as a maxim Of law apart from its political
bearing, is nuty. 3D. Because it total
perverson Of the words & ordain and establish
State Court exists only within State Jurisdiction,
and is entirely beyond the authority Of the Federal
Government. Itexists in a sphere within which the
General Government can neither create nor control
and therefore, cannot be ordained and established
by Congress. Beside this, the Constitution contem
plates that the Courts created by Congress shall be
presided over by Federal judges, in whom the judicial
power of the United States shall vested. This ex-
Guides the idea that the judicial officers Of the State
canb clothed with the Judicial power Of the United
States. s *sI5
The question now arises whetherthe naturalization
of an alien is an act or case arising under the laws of
the United States and Of necessity belonging to the
judicial department of the Federal Government. We
have already advanced the proposition that the judi
leial powerwas commensurate and co-extensive with
the legislative power Of the Federal Government If
this position be correct nustfooW that all subjects
which constitute the proper field for the exclusive leg
islative power Of the Government must also belong
to the federal Judiciary in all questions legal inter-
probation and Judicial enforcement of the Congress
sional enactments. s& 81
These two departments areinseparable in their con-
nection-the oneto make laws, the other to eXpound
them. There be no act of Congress- the Judicial
authority over which does not belong exclusively to
the Federal courts Tie principle has been well set
tied by the highest legal aswel political authority
that Congress has exclusive power over all legislation
upon the subject of naturalization. 1t has the sole
and exclusive power to prescribe the mode and man
ner in which naturalization may be effected, and the
character and proof upon which an alien shall become
a citizen of the United States This done, the func-
ton Of the Legislative department is fulfilled and the
office Of another department commences. The excl
siYe right and province Of the Federal judiciary to
supervise the execution Of the statutory
exact proof of resdence-of good moral characterof
good citiZenshipto be satisfied that the applicant is
weldsposed toward the institutions of the country
to demand absolute adjudication of his allegiance
to every other prince, potentae power and finally,
to pronounce the judgment by which the alien is
transformed into the citizen Of the United States.
Really them the application Of an alien to become
citizen of the United States, is case arising under
the laws of Congress requiring examination. proof
and Judgment and to this the judicial power of
| the Federal Government extends. The government,
seen in this point ofyew is harmonious whole, en-
bracing all the powers of entire and separate soy
eregnty, and competent by its tribunals, to dis
pose Of every subject which may arise in the admin
traton Of its various powers, without any legal neces
sty for resorting to the tribunals Of government which
are totally independent of it in their organic struc-
ture and arrangement of their governmental powers.
That there are cases arising under the laws of Con-
ress and confded to the judiciary for their nterpre-
tations evidenced by the fact that every act the
subject from the earliest date of the Government has
placed it in the hands of the District and Circuit
| Courts of the United States The act of 1902 con-
cedes the leading fact contended for by leaving the
| enforcement of its provisions in the hands of the
judiciary thereby recognizing the principle, that
when the functions Of the legislative department are
fulfilled, the execution of the laws belongs to CO.
ordinate department of the same Government te
which Congress itself belongs. The act of 1902, pro
vides that the alien shall declare oath afirma
ton before the Supreme Superior, District Circuit
Court of one Of the States, before Circuit Dis
trict Court of the United States his intention to be
come citzen.n In this act, Congress has not only
complied with the two principles of Federal soyel
eighty, but has gone beyond them, and united STATE
and Federal udicares to exercise those powers con
currently, which are vested exclusively in one Slt
pren1e Court and such other inferior courts as Con,
gress may from time to time ordain and establish
Doubts seem to have arisen as to what courts wer
intended by former acts and to remove those doubt
and to define the precise meaning of Congress, tn
act Of 1902 provides that every Court of Record il
any individual State having common law jurisdiction
and seal and clerk prothonotary, shall be consid
cred a District Court within the meaning Of thi
act Here then we have Congress clearly recogni7
ing the fact that these conrts are State courts nc
capable Of being created controlled by the FEEDERS
+ Government, and yet clothing those courts with
Judicial power which the Constitution says, " sha
be uested in such courts Congress may create,
ryhich shall be presided over BY Federal judges.
From these reflections we conclude that so muc
of the act of 1902, confers judicial power til
State courts, is unconstitutional and therefore yoit
We met again with the argument that sovereign
ty may delegate its powers at will This, of despotisr
e or of absolute sovereignty would be true, and th
effect Of the power delegated would be entirely COY
erned and controlled by the sovereignty to whose tt
d bunals the power was delegated, and their fore
would depend upon the fact whether it would perm
l. her tribunals to exercise such powers but Of lin
ted constitutional government, the proposition
l. untrue. The whole theory of the American govern
Inent forbids such construction of the Constitution
l. as its inevitable tendency would be to impair til
vgor of the general government and to render it tt
strongest instrument for defeating the very purpose
d for which it was organized The legislative powe
t of the Federal government conceded to be excl
sive, and neither be delegated to, nor exercise
by the State Legislatures except when specially pc
mitted by the Constitution itself. The Judicial poy
of the Federal government is equally exclusive, al
y must be exercised by the Federal judiciary alon
since Congress has power to lodge it elsewhere.
o There can be question then, that an applicable
c for naturalization is arising under the laws
If Constitution of the United States that as questio
of law it belongs to the department of the FEEDER
If Judiciary that the judicial powers extends to