True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-11-12

cation, made on the eve of an election is
calculated to perplex and embarrass hon
est men who are not lawyers, in the dis
charge of their duty at the polls.
The application was made at the in
stance of Messrs. Sproul and Beeson,
Clerks in the Courts of the United States.
Ii the County Courts Of the Supreme
Courts of Pennsy lyania decide they have
been acting without authority for fifty
years, and cease to naturalize citizens,
the Clerks in the Coults of the United
Slares in Pittsburgh and Philadelphia will
make their fortunes in short time.
| repeat, lha, This Court make thesere-
marks for the sole reason that honest
men, such as Judges and Inspectors Of
elections. may not feel the slightest en-
barrassment in the performance Of their
duty,
We do not pretend to be versed in the
law, nor 10 be sufficiently advised as to
the matter in controversy to warrant US
in expressing an opinion as TO the legality
or ilegality of the common proceeding in
State Courts by or under which, Aliens
are naturalzed. But the following COM
munication Of Mr.. Hartshorn to the
Chronicleof the 14th ult., and to several
of the morning papers of the city. sufi-
ciently explains his position as well as
that of the Court:
Naturalization Question.
MEssRs EDITORS To say the least Of
it, was somewhat surprised 10 notice in
the Evening Chronicle of yesterday, and
in several papers of to-day, areport that
the Naturalization Question had again
been judiciaHy noticed by his Honor
Judge McLuIe, and in manner placing
me, or calculated to place me, in very
improper professional position before the
public. The published report Of his
honors opinion, delivered on yesterday,
would indicate that had by my appica
tions on Saturday last, asked the Court 10
declare:
l. Acts of Assembly on this subject un-
constitutional.
2. TO declare the acts of Congress un.
constitutional.
3. 10 declare the Constitution of the
United States unconstitutional.
4. TO disregard the decisions OF the
Courts of Pennsylvania, and the uniform
practice of every cour. in the State Of
Pennsylvania, and elsewhere, this court
among the number, for half century.
5. To disfranchise thousands Of our fel.
low citizens, and practically deny the
rights of citizenship TO men who live
hundreds of miles from the clerks of the
courts Of the United States, these courts
only being in Pittsburgh and Phladel-
phia. ..
Here is truly an array Of propositions,
not only novel, but startling, and which, |
am free to say have no existence, save in
the mind (no doubt exciled) Of the Hon.
Court utlering them; for none Of them,
save one (lbe second proposi'on) were
presented to the court for consideration on
Saturday.
Counsel cannot be answerable for the
correctness of The reported views of the
Hon. Court. But the report having been
repeated to day from publication of yes
erday, it cannot but be presumed that the
Hon Court is fairly reported; and there
fore feel called upon to notice the above
propositions. which / now proceed TO
do.
1.-The Court of Quarter Sessions
has not been asked to declare " the Acts
of Assembly on this subject unconstitu-
tional,' for the best of all reasons, that
no &C! of Assembly. conferring power
upon The Courts of Quarter Sessions to
naluralize aliens, is in existence in this
State. .-...
2.-The Court Of Quarter Sessions was
asked 10 entertain an exception to lis ex-
erciSe Of the power to naturalize aliens,
because OF an alleged unconslitutionality
Of the Act of Congress, comforting such
power upon STATE Courts and the re.
quest was made.
!! 1.-Because the power 10 naturalize an
alien under the Act Of Congress of 1902
is ajudicial poysr. 4 Peters, 400, and
American Law Register, 599.)
; 2.-Because tlld Constitution Of the
United States expressly vests the whole
{ judicial power of the United States in
one supreme Court and such inferior
| Courts as Congress may from time to
time ordain and establish. (Const. U. S.
Art 3. Sec. i.
3.-Because the Supreme Court of the
United S. .ates and other Judicial tribunals
of our country have decided that Con
gress cannot ConstitutionalIy confer Ju
dicialpower upon State Courts. "A Am
Law Register, $3.50 Peters $40; !
Wheaton 3O4, and II Johnston r. S.)
4.-Because The Supreme Court OF The
! Uniled States has decided that Congress
! cannot vest any portion Of the J,tdtcia
po,Oer of the United States except in
Cours ordained and estabiishedby itself
: Il Wheaton 3O4 {; ! Peters 643
5,-Because it has been decided by
. the Supreme Court of the United States
that the Judicial power Of the United
States is extended 10 all cases arising
under the Constitution, Cranch l7s,
6-Because under the constitution, the
rover 10 naturali2e aliens is vested ex
clusively in the Federal Government
III, s. COnst., Art. !, Sec. 81 Wheator
{ 296--Sorg'ts Const. Law 300-2 Story !
Const. Law as, and Kent's Com. 42S.
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