Weekly Clarksville chronicle. [volume] (Clarksville, Tenn.) 185?-1857, 1857-09-11
JUDGE GooDboE's DECISION.

JODUE' GOODIOb . DEO1StUN.
-sf get.s ,aoss 80 2f9 at1isp
Judge Goodloe, of the Circuit Court
has decided the subjoined points, which
were involved in the case Of Hogan against
Dudley. Dudley, while acting as Deputy
Sheriff at the late election, refused the
vote of Hogan at the Seventh District
polls in this city, upon the grounds laid
down in Judge Robertson's published
opinion, respecting the Naturalization
laws Nsl the requirements under them
Hogan, who is naturalized citizen, Svhose
papers toere issued By State Court, insti-
tuted suit for damages, and the case was
argued most fully and ably by Madison G.
- johnson, Esq, and the Hon., George
Robertson, This decision of Judge Good
loe does not settle the question as to
whether or not the previous residence of
the alien in the State or District where he
offers to vote insures to his benefit after
his naturalization but it does decide an
other question Of far greater importance,
Judge Robertson contended that the State
Courts of Kentucky had no right what
ever to natnralize foreigners, and Judge
Goodloe now decides that all persons who
have been naturalized by those Courts
have no right to vote. In other words, he
enunciates the doctrine that the process of
Standardization Is national act, which can
only be effected through the instrumental
ty of the United States Courts In this
decision it is also held that the power to
establish uniform rules of naturalization
is exclusively vested in Congress, and that
no laws established by the States upon the
subject can overrule this power, and that
the act or process of naturalization is a
judicial and not simply ministerial act
The question as to the term of residence
required after naturalization was not de-
cided, on account of the fact that it was
not properly before the Court after the
the decision was made upon the validity
of papers of naturalization issued by the
State Courts. Hegan's papers were issued
by such Court, and as it was decided
that these Courts had no right to issue
them, it was unnecessary to decide the
question. But we will not detain our
readers any longer upon this subject at
this time, as it is our intention to review
the matter at length in some future issue.
Here are the points decided by Judge
Goodloe:
J.. A voter may maintain civil action
against he7judgcs of election, for Nn,a,c-
JaltB ,oiyalIy and Knowingly denying him
the right to vote. 49, 3 ..a.4 --s-
2. The power to establish uniform rules
of naturalization is exclusively vested in
Congress, and cannot be exercised by the
States, ,,......t. Il '......, n.
3. The process, Of naturalization under
the act of 1902 is Judicial and not
ministerial -f
a. Congress has no power under the
Constitution to confer jurisdiction or i'm
pose judicial duties upon the State Courts
but the State Courts must look to the
Constitution and laws of their own States,
for grants Of jurisdiction; and there is
nothing in the Constitution and laws Of
Kentucky, comforting jurisdiction upon
any of her Corts, to hear and determine
naturalization eases, their judgments and
certificates are void, and confer upon these
holders no right to vote. r F
Judge Goodloe decided, some week or
ten days since, that the papers of person
naturalizod in another State required thc
certificates of the Court there to make
them valid in this State.- Kerington Obs,
aug 29. se ssea