Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1882-09-15
Proof Of Naturalization.

Our esteemed contemporary, the Port T.bde-
co Tunes, in noticing the opinion of Judge
VIM. P. Maulsby on the proof sufficient and
necessary 10 enable naturalized citizens who
have lost their naturalization papers, or the
papers OF their parents, in the event their
parents were naturalized during their mi aority
to register, takes issue with the opiaios. r.,
Times argaes-ffom the false premises that ma.
tuTalization is a matter of record, and hence
arrives at false conclusions. There 10 no re-
cord of naturalization kept by the eosrts, or
required to- be kept, and no record could be
produced. Courts usually keep a minute Of
such proceedings, but that we believe is ouIy
optional. A certificate of the fact Of naturaliza-
ton would not be record evidence. Let the
Times brush up its legal knowledge and revise
its editorial opinion. The registers of Tabo,
county have adopted Judge Maulsby's view of
the law and act accordingly. = Matchmaker
4drocdte.
If We could find that We had argued
from false premises and reached false con
illusions, we assure our esteemed contem-
porary We would cheerfully acknowledge
our error and revise our editorial opinion.
for we would be glad if the views advanc-
ced by Judge Maulsby were the correct
construction of the law. We were not
actuated by any captious desire to antag-
onize Judge Msulsby's views in what we
previously sta'ed, but realizing that voters
who did not comply with the require
ments of the registration law, would be
liable to have their votes thrown out in
election contests, we thought it very i'm.
portant that the law should be complied
with and that no unnecessary risks should
be incurred. Perceiving the wide pub
licity the Allocate was giving the article
of Judge Maulsby by sending marked
copies throughout its circulation in the
State, and thinking that the reputed lega.
ability of its author might cause it to in
f1uence those charged with advising the
registration officers and serve to make the
voters to whom it applies obstinate in re-
fusing to comply with the registration law
to the probable great detriment OF the
Democratic party, we deemed it proper to
express our views upon the matter.
A more careful examination Of the mat
ter has confirmed US in the conviction
that the position assumed in the article In
question is untenable and incorrect. The
9Th section of Article 1 of the Federal
Constitution delegated to Congress the
power "to establish an uniform Rule OF
Naturalization" 1t has been repeatedly
held judicially that this power in Congress
is exclusive. In the exercise Of that
power Congress has established such a
rule. In the U. s. Revised Statues, section
2165 &C., is provided -
IAN alien may be admitted to become
a citizen of the United States in the follow
ing manner, and not otherwise: He shall
declare on oath before a circuit or dis
trict court of the United States, or dis
trict or supreme court of the territories,
or court Of record of any Of the States
having common law jurisdiction, a seal and
clerk, that &c" giving the nature of the
declarations to be made and the proof of
good moral character of the applicant &c.
In subsection 2, after detailing the pro-
ceedings to be had, there is the following
mandatory provision "whieh proceedings
shall be recorded by the clerk Of the court," and
again in subsection 6 "AN the proceedings
required in this condition to be performed in
the court shall be recorded by the clerk there
Of" In sections 5424 to 1929, inclusive,
provisions are made for the punishment,
by fine and imprisonment, of any person
or persons who shall use, or abet others in
using, for the purpose of exercising the
privilege ofvoting, any fraudulent "order,
certificate of citizenship, or certificate,
Judgment or exemplifcation showing any
person to be admitted as citizen"