The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1869-02-13
Naturalization Papers.

The Supreme Court of this state recently
decided. in gwen case that Illinois county
courts had not power to grant final papers of
naturalization. The case, however, did not
cover the whole ground, and the legislature,
doubtful what legislation on the subject was
necessary, as all the county courts in this
state have been in the habit Of granting final
naturalization papers, applied to Attorney
General Bushnell for his opinion as to the
powers of cur county courts, under the laws
of the United States, in the premises. Mr..
Bushnell responds:
In reply beg leave to state that in my opin-
ion there exists no such power on the part of the
county courts in this state. Courts of law ex-
ercise only just such powers as are conferred
upon them by express enactment, or such power
as is necessarily implied, in order to carry into
execution some one express right of power. By
oct of congress, passed April a. 1862, it is pro-
vided in the first section thereof that everv
court of record in any individual state, having
common law jurisdiction, and seal and clerk,
or parliamentary, shall be considered as district
court, within the meaning of the naturalization
act and every alien who may have been natural.
lied in any such court shall enjoy the same
rights and privileges as if he had been natural.
lied in district or circuit court of the United
States
A county court may have q clerk and seal, and
yet possess 20 power to issue naturalization pa
pers to any person. 1t may have common law
jurisdiction, and clerk, and yet have no power
to naturalize persons. 1t must possess all the
powers enumerated in the law, viz: Common
law jurisdiction, seal and y clerk. No two of
them will answer the requirements of the law.
What the law does not grant no one can take
The county courts OF Illinois, though they have
Q clerk and seal, have no commen law iurisdic.
ton, unless by virtue Of special enactment
and when thus clothed with special power are
really no longer county courts unless 90 designa-
ted in the act. County courts, legitimately
speaking. have no more right to issue naturaliza-
ton papers than a precinct or township justice
OF the peace, for the simple reason that, indie
pendent Of doing probate business, the Judge
thereof has just the same jurisdiction as JUS
tice OF the peace, to wit: One hundred dollars
in civil cases, and no mors. 1.-THE judicial power
OF the State is vested in one supreme court, cir.
cult courts, county courts and justices of the
peace" ARTICLE 4, Section 1, State Constitution
1t will also be remembered that the iurisdic-
ton of county courts shall only extend to pro-
bate business, and to such other powers as the
General Assembly may from time to time confer
upon them by special enactment in civil cases,
and such criminal jurisdiction a. may also be
conferred by law when the Punishment is by
fine, and does not exceed 500. (See article 5,
section 49,
According to this opinion, which is in strict
agreement with the recent decision of our
supreme court, far AS it goes, all the natural
ization papers heretofore issued ny the county
courts Of this state are void, except only where
issued in such counties as La Sale, in which
the county court is clothed with common law
jurisdiction. But even in such counties nat
uralizatlon papers can be granted only in
open court, while sitting as common law
court, and not while sitting as court of
probate.
The result Of all is, that all final natursliza-
ton papers issued by the ordinary county
courts of this state which are only courts of
probate, are void and also that the final pa
pers Issued by county courts, clothed by special
act with common law jurisdiction, are void,
except when issued in open court and while
sitting as common law courts.
Now the practice in this, and we have no
doubt in other counties in the state similarly
situated has been to issue final naturalization
papers at all times, whether sitting as a pro-
bate or common law court, or not in session at
all. We think there are very grave doubts,
therefore, about tho validity Of at least nine
tenths OF the naturalization papers issued by
our county court The legislature ought, In
q matter of such moment, to pass some law
by which naturalized citizens, whose papers
are of doubtful validity, can have new papers
Of unquestionable validity issued to them
without putting them to additional expense.