New-York tribune., 1868-12-17

.,As
oiVlo"o" a. ond find laws in force bearing upon
Inject ON the statute book, passed April "a,
- Hsrcb % 1904 March g. 1918. March -, 1916, and
1,a, oe 1894 The naturalization OF those who
Id come TO this country under the age OF 10 years
,,,s facilitated by the latter act, the preliminary
3claraton of intentions two years before the grant
- en- certificate of citizenship being dispensed
,.,ti, One of the provisions adopted for the con-
,,.,,oce If those desrous of becoming ckizens was
in these words;
common law Jurisdiction, and seal, aud clerk, OF
prothonotary. shall be considered as district court
tbn the meaning OF this aud every alien who may
have been naturazed in any such court shall enjoy
ron and after the passage Of this act inc same St
ana privileges as il he had been naturazeo III iSi0'
.ourt Of the United States"
Twill not give the qualifications required for ma
furalzation from the laws themselves, but instead
uoto from the reports of State Courts as follows
In HIPS Reports of Decisions in the Supreme Court
If this State, vol T. p. 1S1, we have case where
Samuel Nelson was Chief-Justice, and Greene u
Bronson and Samuel Beardsley as Associates. Judge
Bear,lsley gave an opinion. in which he says;
he ss5Ted As 9hs a% Sy making aPcaon to court
tent grsdeti9n sSpPosd ~ e coTt
90 Tho application must be supported by legal proof Of
facts which IL rests Iho ProeeeGngs are ssaIt
judicial The alien who applies Tor admission aseLsa
compliance on his part with the prescribed condiohs
and ho must furnish the requisite proof OF wha' nc 50
arno court cannot take the mere statement of any
p2preoedented in court justice and beyond all
upon the terms OF this act alone the court WSua re
upon which the judgment is finally 10 be rendered The
declares la soe R1 lis OS SeS Sa S !0 '
eRa. in 1916 An net relative to NATURALIZATION was
passed. which provides that the fact Of residence Is TO
be proved by the oath affirmation Of citizens OF the
Unod states which citizens shall named IN the record
as Witnesses and when satisfactorily proved, the
place or places tho applicant has resided must be
stated in the record with the names OF tne Witnesses
Act 2?d March, 1916, aud to the Ike eect Is the ACT U
May q, 1921"
"By these acts there must be itnesse one alone Is
enOugh; and they must be cltlssas not Aliens as
Right have been under the act OF 1872"
At Special Term, held in Dutchess County, Sept
10 1854 Judge Dean had his attention called to the
business of naturalization transacted in the Court
before him. and he prepared and wrote out an Opn-
ion, which is published in volume IS OF Barbours Su-
preme Court Reports pp. 4A. He refers to laws
passed in $780, 1885, and 179s. which were repealed by
the act of 1902 He says that the right of citizenship
can only be conferred by judicial decision as con-
tradsting guished from a ministerial or clerical act
Therefore the powers cannot be delegated or per
formed by the Clerk.
In a case reported in VOL Of Parker's Criminal
Reports p. 35s, the subject of perjury committed in
obtaining letters of naturalization in County Court
was before the Court Judge Pratt gave the opinion
of the Court, in which it was announced that
State Courts being authorized by special act Of
Congress to confer letters of naturalization yet they
had 100 power to try nor punish person who COM
mittod perjury in procuring such letters. 1t was
clearly an oense against the United States and the
courts organized by Congress only had jurisdiction.
Judge Pratt refers to the cited above as being
correct expositions of the law of naturalization.
Having given synopsis of the laws as judicially
settled, 1 will give account of naturalization
mill which has been running in the city of Troy for
almost quarter of a century, and submit whether
it was contemplated by the trainers OF the act OF
Congress- quoted above, that petty courts should be
organized specially to naturalize foreigners as is sub
stantially the case by the law gwen below:
Laws OF ls4s chapter los "An in relation to the
Justices Court in the City of Troy Passed April 25 1874
The people Of the sSs a. a. as oSM
SECTION The justices Court OF the City OF Troy Is
law igrisdietIon but said Court shall have power
near try and determine no other civil suit than such
nGT IN Sny sS s be deemed
acquire any other or greater lien by reason OF the
Sc so construed to render act entitled An act con-
erong costs and fees In courts o. ana iof oter
Court to Affect the costs fees therein or 70 alter
the practice in said Court in any other respect than Is
s il shall not be lawful for said Justices courts dur
be held In the City OF Troy grant certificates OF naura
zion aud all certificates OF naturalization obtained on
day shall be and they are hereby declared to be null
and void.
Section three of this act has particular bearing
on the powers OF duties Of this Court and do NOT
copy il.
M object is to call attention to the manner in which
this Court has jurisdiction conferred upon it to natu
ralize without increasing its powers in any other
respect. Then see how, in the second section, the
subject of the bill steks out. in the restriction upon
the right to Dsturalize on election day. Certainly,
il seems to me- that if the first section cOnfers the
right to naturali2e at ALL the right must remain the
same every day IN the year, and Congress alone can
restrict it by q general law. 1t has the right by
virtue Of being Court Of record, with a clerk and
SEAL and having common law jurisdiction The
second section interesting showing the real in
tent and object OF the trainers to make mill for
naturalizing foreigners, and making rstclass citi-
EcnS.
The Troy City Justices Court was organized by an
act OF the Legislature Of this State in 1884 1t had
three Justices clerk and seal The Justices were
20 have the same jurisdiction other Justices of the
Peace and no more. That is, if one of them or the
clerk of their court, issued criminal warrant ii
could not be executed out of Rensselaer, County
cept it was ndorsed by Justice of the Peace of the
county whore the arrest was to be made.
When Congress declared State Courts having O
certain jurisdiction and officers United States Courts
for the purpose of cOnferring the sacred and import
ant right of citizenship il could not have expected
that the very lowest courts in the State mere local
courts with jurisdiction in other respects restricted
10 a small district should be endowed with the right
by a piece Of sharp practice like that shown in
the act above quoted. court whose warrant cannot