Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-10-16
The Right oG swMragc--Natur:al-
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The elective franchise and naturaliza-
ton are not convertible terms. They
should no, be, though they are often so
confoundei Many people suppose that
naturalization carries with it, necessarily
so, the right to vote. This may not be
so. Each State determines for itself
what shall be the qualifications n,css.
sary to be voters In our own State a
person must first become citizen, if an
alien. II the State SO declares it, a
naturalized citizen must remain years
before the exercise Of the elective fran
chise. In some of the States, AMI it has
been so in some Of the Territories, resi-
dents are voters wheihc- aliens or not
So that the way to cure the evil Of being
overran with ignorant foreign voters,
is through state constitutions and state
laws. Congress is invested with the
exclusive right of naturalizins aliens !;
and i, then remains for each state to de-
ttrminc what longer time Of residence
they will require before granting them
the riIht To vote.
We could never see what business a
state conr, had 70 hear and determine
naturalization cases. or in other words.
what righ. these state courts had to
naturallz, aliens. II seems to be the
legitimate work Of the t. S. Courts
The Tsneys. the Daniels AMI the Griers
have determined who cannot be citizens.
now let them henceforward determine
who are and may become so. In Ken
lucky il seems tina, this question has been
raised and decision made by one Of
he State Judges, which looks like de.
nying the jurisdiction Of State Cour,s.-
We hope the matter vii! be thoroughly
examined BY lawyers, AMI if State Coar,s
have been perfotmin; the duties Of the
[. : Courts, it will be better every way
10 telinquish it. We copy the following
il tbs conn elton, from Icccnt number
OF the Boston Journal
In the Kentucky Circuit Court, very
important, d cision ha. been rendered by
Judge Goodloe regarding the rights of
persons naturaliz d IN State Courts in
respect to the elective franchise, which
decision was on a cas2 where the A8ing
Deputy Sh r.f at a late election refused
10 receive the vote Of one Hogan. be.
cause he was naturaiized in a State
Court, Hogan instituted a suit against
the Acting Deputy for damages. aid the
case being fully argued on both sides.
the judge gave his decision, which con-
,ains the following points:
!. \ voter may maintain civil ac-
ton agaius, the judges of election, fer
unlawfuiiy, wifuliy. AMI knowingly
denying him the right to vote.
,. The power to establish uniform
rules Of naturalization is exclusively
vested in Congress. and cannot be exer-
eised BY the States.
5. The process of naturalization under
the act of 1902, is Judicial and moi,
ministerial.
4. Congress has no power under the
Constitution to confer jurisdiction or
impose judicial duties upon the State
Courts; but the State Courts must look
, 10 the Constitution and laws of ,hsir own
States for grants Of jurisdiction; and as
there is nothing in the Constitution and
Avs 81 kentucky comforting Jurisdiction
upon any of,he Courts - hear and de-
terminc naturalization cases, their judg-
ments and certificates are void, and con-
fer upon their holders no right to vote
Judge Gaodloe had previously de-
eided that the papers OF a person natural
lzed IN another State, required The certi-
fcate OF the cour, there - make them
valid.
Governor Walker has recently written
another Proclamation, addressed TO the
people Of IA sas, in which he virtually
admits about all the Republican papers
and letter writer's have charged upon this
and the preceding administration, and
it. h,rel,nss and the bogus Territorial
government. Here is wha, the able
correspondent, OF the New York Courier
aud Enquirer SAYS Of this las, production
of Walker