Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-09-02


Judge GooDLoE, of the Circuit Court has deci-
ded the subjOined points, which we're involved in
the case of Hogan against DUDLEY. Dudley while
acting Deputy Sheriff at the late election, refus
ed the vote Of Hogan at the Seventh District polls
in this city, upon the grounds laid 6owE IN Judge
RoBERTsoEs published opinion, respecting the Nat
uralization laws and the requirements under them
Hogan, who is a naturalized ctized, srdose pagers
Nere issued by Stets Court Instituted 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 to whether or
not the previous residence of the alien 10 the State
or District where he offers to vote inures 10 his
benefit after bis naturalization; but it does decide
another question of far greater Importance Judge
Robertson contended that the State Courts of Ken
lucky had no right whatever TO natuTaze foreign
ers, and Judge GoodlOe decides that all D r
Sous who have been naturalized by those Court~
have no right to vote. In other words, he enun-
cates the doctrine that the process of ,ataraliza-
ton as national act, which Can only be effected
through the instrumentality of the United States
Courts. In this decision il is also held that the
to establish uniform rules of naturalization is e.
ctusively vested III Congress, and that no laws es-
taolished by the States upon the subject over
rule this power, and that the act process of nat
uralizaton Is judicial and not simply minsteEi-
al act.
The question as to the term of residence requir-
ed after DatuTaiiZ itOn not decided on account
OF the TACT mat II was not properly before the
Court after the decision made upon the validity
of papers of naturalization issued by the State
Courts. HEGAN's papers were issued by such a
Court, and as it was decided that these Courts had
right TO issue Them il was unnecessary to decide
the question. But we win not detain our readers
any longer upon this subject this time as it is
intention to review the matter at length in some
future issue. Here are the points decided by Judge
GooDLoE:
1. voter may maintain a civil action against
the judges of election, for UnIagfliy ilflty and
knopinely denying him the right to vote.
2. The power to establish uniform rules of Datu-
ralizdtion is exclusively vested in Congress, and
cannot be exercised by the States
8. The proc IS Of naturalization under the act
of 1902 is Judicial aud not ministerial
4. Congress has power under the Constitution
to confer jurisdiction impose judicial duties upon
the State Courts; but the State Courts must look to
the Constitution and laws of their own States for
grants Of urisdictiOn and there is nothing in the
Constitution and laws of Kentucky, comforting
jurisdiction upon any of her Courts, to hear and
determine naturalization cases, their Judgment and
certificates void, and confer upon these holders
no right to vote.
Judge Goodloe decided, some week or ten days
since, that the papers of person naturalized in
another State required the certificates of the Court
| there to make them valid in this te.-Lering-
ton OBS, Aug %.