New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-28
VOLUME IV-NO. IA.
THE POWERS OF REGISTRARS.

Important to Voters.
The following correspondent ice will be read
with interest:
CLERKS orrcs FIFTH pIsrs;cT cornr)
For the parish Of Orleans, Z
New Orleans, September Il, 1870 y
J. " Gurley' Esq, Assistant United States Att0r-
DEAR SIr-Wiu you obi ge by giving
your opinion (written) for publication ON
the following points ,alau
Have the registrars of election in this city
null and void, certificates Of naturalization,
properly attested by the judges and clerks
thereof, and bearing the impress of their
legal seals. and to deny to holders of such
certificates the privileges of registration
when solicited!
An early response is earnestly requested,
not only as a simple matter OF guidance to
me, as ministerial officer, but as a ques-
ton of grave moment to many naturalized
citizens directly coming under this head.
Very respectfully,
Your Obedient servant
LOUIS POWER, Clerk.
United STATES ArroRxEY's O7FrcE,)
District pf louisiana. (
New Orleans September 23, l8'O)
Louis Power. Esq. Clerk Fifth District Court
parish of Orleans:
SIR-Your letter of the t'Eenty-irst in
slant, asking my opinion as to the legal
right of registrars OF election IN this city
summarily to pronounce as null and void
certificates Of nat uralizatiOn issued by the
district courts Of the parish, was received
yesterday
deem it proper to reply ih so far, only,
as the quest ion may be affected by the laws
of the United States and the Jurisprudence
of its courts.
The power to naturalize is vested, by the
acts of Congress, in the federal courts and
in all courts of record in the several States
having common law jurisdiction, and a seal
and clerk. The power is judicial. decree
of competent court, in legal form. is in all
respects Judgment. As such it is entitled
to full faith and credit, as well when OBJ
tanned by fraud as when rendered upon
proper and legal evidence, until it has been
revoked by Judicial authority.
Chief Justice Marshall, delivering the
opinion of the Supreme Court in the case Of
Spratt VS.. Spratt, Peters, 4O7 said:
"The various acts upon the subject. sub
NIT the decision, on the right OF aliens to
admission as citizens to courts of record,
they are to receive testimony, to compare
it with the law, and to judge on both law
and fact This Judgment is entered on
record as the judgment OF the court. 1t
seems to us, if it be in legal FORM to close
to be complete evidence Of its own valid
ity.'
As the power to decide upon matters of
this character is judicial. so also is the
power of revising such decisions. As no act
of Congress has conferred judicial powers
upon the registrars, they have no authority
to determine upon the validity of any judg
ment of the courts of the United States. But
this does not preclude an inquiry into the
means by which such Judgment may have
been obtained. nor the institution OF crlmi-
nal proceedings against parties implicated
in frauds.
In matters Of naturalization, the district
courts for the parish act exclusively under
the laws of the United Statds. Assuming
that they have. by their organ izatiOn, juris-
diction under the terms OF the law. aliens
naturalized by them are entitled to the
same rights and privileges as those natural
lied in the federal courts. Their iudg-
ments, nevertheless. are judgments of the
State courts. merely as such, subject to re-
vision in manner as may be prescribed by
State laws Whether the Legislature has
vested or can vest. this power op the regis
trars. is a question which rests properly
with the authorities of the Sta tie.
Very respectfully. yours, atc.,
j. w. GURLEY,
Assistant United States Attorney.