New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-28
NATURAIIZATION---BE SURE YOU ARE
RIGHT,

Mr.. T. J. Semmes. who was somewhat
celebrated as one of the legal advisers Of
the administration Of Governor WarMoth.
has somehow fel. it incumbent upon him
70 express his opinion Of the powers OF
the Second District Court We feel under
obligations. He has certainly decided
this question within narrower and more
distinct limits than others. We may be
thus enabled to dispose of his vindication
OF the Second District Court with less
detail and decentralization than might be
requisite to the rather partisan declara'
tons Of Messrs. VOORHEES, and some other
volunteer attorneys in the matter.
The position Of the Attorney General is
this: That Congress has conferred the
power Of naturalization upon no courts
except such a. have general commoa law
jurisdiction.
In reply 70 this. Mr.. Semmes contends
that the Second District Court has some
common law jurisdiction. and is there
fore competen: to aaturalize an alien.
This common Law jurisdiction consists in
this:
1t Is authorized 70 take co.nizance Of all
suits for money brought against success.
sions curatOrs, executors, admins traitors,
and their securities.
The constitution of the United States
insists that in all suits a. common law
the right Of tria! by jury shall be pre-.
served. and stipulates that no fact tried
by a jury shall be re-examined in any fed
eral court. except according 60 the rules
OF che comm on law. From this i was
natural that Congress should have re.
Iuired Tor aliens intending 70 become
American citizens all The rights guaran.
teed by the common Law. An examina-
ton Of the earliest Law will show that
Congress confined Che power Of natural
Zation upon its own district or circuit |
courts, and upon the supreme, superior,
district OF circuit courts of the States. !
Under this description il seems 70 have |
been doubted whether the county or other !
courts of the State could have
lawfully natursli2ed IN alien. Such !
doubts would naturally have arisen
in the contests just closed at the date Of
The law. 1902 These doubts as 20 the
class Of courts authorized to grant papers
81 naturalization required an explanatory
clause. which placed ''any court of record,
u any individua State, having common
av jurisdi ctioH and seal and clerk OK
on the same footing with .
district court Of the United States. !
The argument has been offered that il
vas not necessary that court Of record
hould have common Law jurisdiction.
If. Semmes, however, admits this neces.
ity and con tends that the Second District
'ourt Of record has such special jurisdic.
ion, and that . geaesa jurisdiction was
ot essential 20 the validity Of its acts in
be premises Of naturalization. i
The iurisdic ton Of suits in probate is
ithes derived from the ecclesiastical law
r has been given to the Second District
curt by statute. and in neither case is j.
common law jurisdiction. |,
Tie const tuition OF Louisiana assigns
, each district court specia! aud *.
tusive jurisdiction. Each is as separate
ON another AZ - court OF equity from a
ouyt Of law. 70 TIE Second District I
curt is assigned exclusive probate jur;s.
lotion. and TO four others is assigned
xclusiye jurisdiction in all civil cases
sceps ''fos probate" II, then. the right
} originate civil suits for money does not
rise from the ecclesiastical incidents Of |
ae probate power, they must exist by |
pecial statute, and therefore not by com.
ION Law, Or they are cut of by the consti.
ltion which gives to other district courts
nan the Second exclusive jurisdic ton I
a all cases except probate" The posi-. {
on, then. of Mr.. Semmes that the Second
district Court possesses powers Of natuy. {
lizaton is in our view fallacious. Il
!. Because a probate court has no jUris.
iction Of comm on law.
2. Because its right to originate a civil
ction is either an incident to the ccle-
iasticai law or authorized by statute: and
,. Because the constitution prohibits
le Second District Court from enter.
lining any civil action. by giving 70 other
ourts o. eqna! dignity exclusive jur;s.
lotion in ak civil cases, which leaves no
vii case 20 be entertained by the Second
istrict Court other than that Of probate.