The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-10-27
THE FACTION AND THE NATURAL
lied CITIZEN.

Louisiana is not q common law State. Ft
. civil matters she has Civil Code. For GRIN
inal offenses she provides by statute law. A
offense not expressly provided for by statut
is not punishable. Where an ofense is mad
punishable without definition OF it IN tn
statute the definition of it is taken according
to the common law; and the rules for the in
3 depreciation of criminal statutes and for crimi
nal proceedings are also according to tn
comm on law This is the extent Of the au
thortative legal use and application Of thu
common law in Louisiana.
Naturalization was not unknown to thu
common law. It is the healthy progeny Of 9
civilized and Christian period, and Of repub-
lican parentage.
As an original question, the power of a
State court to naturalize might be debatable.
But the practice of tho State courts for up
wards Of fifty years, with the acquiescence Of
the nation, has established il, and judicial
sanction has confirmed it.
| In this State the court, whose jurisdiction
is now for the first time disputed, and that
within week of general election, has exer-
cised it for twenty-nine years-ever since
1845. There is no common sense or constitu-
tional reason why the Second District Court
called probate court-should not exercise it
as any other district court of the State. It is
court of record Its judge, like the judges Of
the other district courts, is chosen by the peo-
pie, and by invariable custom from the body
of men learned in the law. It has clerk, also
elected by the people. It has a seal; and it
hears and disposes of matters Of the highest
importance to the interest and welfare of So
ciety, as has been been shown by Judges Col
lens and VOORHEES, in their opinions just pub |
lished.
The disturbance of the well settled right of
the naturalized citizen is uncalled for, cruel
and impolitic, and it is anti-republican and
1n-American.
The act which gives the power Of natural
zing to State Courts Of Common law juris-
LECTION is dated 1902. The act admitting
louisiana into the Union is dated 1872
Louisiana was admitted into the Union on
n equal footing with the other States She
ecame thereby one Of the family Of the
tates of the Union-a Sister State, with
quail rights. She was at the time Civil law
tate. The power Of naturalizing was only an
means to an end-a con- ]
enient mode Of carrying into effect the ,
laws. It conferred no power on
le States to pass naturalization laws. That I
over is essentially national and exclusive.
The statesmen who admitted Louisiana =
oked to the equal power of State Courts Of
ecord, with Judge, Clerk, and seal and
th open proceedings before the people.
hey were not trammeled or affected bv
clinical terms. without regard to the s
Gaming of things. No one then thought a
ID no distinguished statesman or Judge now n
the courts of Civil Law State, T
mining Chancery and Common law juris- y
ctions, were not as competent to act for 1
turalizing purposes as q mere Court of Com q
IN law.
This discovery was reserved for genius of
} olden time, Col. Field. The Colonel is a y
fossil, we'll known as prac- Il
oner of criminal law. He is the Attorney b
neral Of the Kellogg faction, and his opinion y
only Of consequence because of his present >,
wer. Even if the power of the District 81
urt were disputable, it is submitted that it Il
uld become the acting Attorney General Of :; p
uisiana, considering the many years it has
N exercised the fitness in all respects of Sc
Court to perform the duty; the thousands Q
citizens who would be DISTINGUISHED by its OF
'rthrow the interests of individuals in
we'd in its maintenance the questions that 70
,ht arise abroad as to citizenship under it re
absence of all danger to the liberties of - -,
people by its continuance to defend and po
lold it, rather than to assail and overturn
1t would be case in which the maxim Of m!
could be fairly applied Boni js.dicis est ~ y,
'liare jurisdictionem.