Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1885-11-20
NATURALIZATION AND THE NOR.
MONS

NATURALIZATION AND THE NOR
MONS.
The Ogden (Utah) Herald of last
Saturday has a report of the proceedings
there in a case of application for citizen
ship, where citizenship was refused by
the Court. The case is interesting, not
only on account of its important bearing
upon the polygamous question, but also
in its legal aspect, for which reason We
give the authorities referred to. In the
First District Court at Provo, Utah,
Neils Haascn, a native of Denmark, APP
Piled to be admitted as a citizen of the
United States. lie had declared his in
tentions and had resided there the statu-
tory length of time. He declared his at
tachment to the constitution and in
tended to obey the laws. those relating
to polygamy and unlawful cohabitation
as well as others, but he believed it right
to have, living and undivorced, more
than one wife. This, he believed, would
prevent him from rendering a YER
dict of guilty if he were a jury
mau in a polygamous case, even
il proof showed beyond reasonable
doubt hat the accused was guilty. The
court, Justice Powers presiding, de-
clincd to admit him as a citizen, on the
ground that he was not competent to as
sumo a citizens duties. The applicant
admitted he would violate his oath as a
juror on account of his private belief.
He was not attached to the laws or to
the principles of the constitution, aud
would render only a qualified obedience
TO the government. He was entitled to
hold his individual belief, but it was
evident that that belief would be para
Mount and his fidelity to the law and the
government only secondary, and it there
fore became the duty of the Court to re-
fuse to admit him as a citizen. The act
Of Congress makes the power to natural
izc judicial in its nature, for II requires
evidence to reach a conclusion from the
Judgment of the court. (Chicf- Justice
Marshall, in Spratt VS.. Sfratt, / Peters
I06, and CT pdrte Knowles, j Cal. 302. }
A judicial power admitting TO natu-
ralization requires more than a
mere legal residence within the
United States. Citizenship is not to be
given to the unworthy. 1t is a privilege,
not right. aud in comforting it the court
has not a right to go beyond what il
plainly written. On re Camille, 6 Saw
yer 5l4, Look Tin Sing, / West, Coast
Rep. 1863, Campbell VS.. Gordon, 6 Craucb
1927 The latter authority requires the
Court to be satisfied as to the applicant S
character. The Court is invested w,tli a
discretion, and.if convinced that the APP
p~licant is not attached ID the principles
Of our constitution or we'll disposed to
good order, he shovld be refused natural
i~zation. 1t is claimed that the words of
the statute limit the Courts inquiry to
good behavior" But an idiot or a lu-
matte may have behaved properly. Aman
who believes that a crime is ri.ht, an
swers under oath that he would violate
his oath as a juror and render 2 verdict,
in a criminal case, of mot guilty ever
when there was no reasonable doubt, is
unfit to become a citizen he is not quail
fled to sit ON a jury. 1t would be a farce
to bestow citizenship Oh such a man.
Courts mus. take notice of the political
and social condition OF the country
which they judicially rule. (Ir-
win vs.. Phillips, ) Cal. l46;
MERGED Mining Company VS.. Fremont
Cal, 34J.) The political and social
condition of this Territory shows a large
percentage of the people who are vio-
lators of the laws; an overwhelming ma
jOtitY openly advocate violation of the
laws, teaching that there are laws higher
than those of the isnd-the laws. rules
and edicts of the Mormon Church, a po-
litical and religious organization that
virtually rules ths Territory. The pro-
cess of the courts is evRded and OBJ
structed, aud the officers of the govern
ment are reviled and traduced; the
s%auctity Of the oath the courts admins
ter is treated with contempt, and people
arc taught that there is no wrong in
refusing to admit its binding nature. A
government has been formed within the
government, powerful and aggressive.
Allegiance to 1t is primary, to the
United States, merely secondary, in the
opinion of the people. The courts are
daily trying people who are taught
that it is right to violate the law
of the land. Under this condi-
ton of affairs the answers Of
the applicant in this particular
case have more force than they other
wise would and, until am convinced
by reason or authority, or by the n1s ndate
OF a higher court, that l anu wrong, l
must refuse to natVra!ize the present
applicant. or any other person Eho cou.
yiuccs mc that be is not attached to the
principles Of government This
ruling of Judge Powers strikes st a pri
mary clement Of pricstly power In
Utah. The priests bring 10 immigrant.
who pay for the bringing what the priest.
charge. pay for the land the priests sell
them at their own price, and are made tC
pay in tithes 81 u of every $40 they
make in their occupation. This giyes
the church wealth. They are natural.
lied and vote az the priests direct, anC
this gives the church power. Had tn,
course pursued by Judge Power beer
adopted from the first development o.
the Mormon policy. how much crime ant
shame TO the country would have beer
escaped. 4 constant application 9f the
, niil As S., aa% M bsSSa ,s oS c cOnYSnn owe Y,
priests, who are conspirstors 70 secure
to themselves wealth and power.
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