Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-02-19
MAKING VOTERS.
SUPERIOR JUDGE BUCKLES TELLS HOW
TO MAKE THEM.
why He Refused Certain Applicants-A
Patriotic and Sensible Interpreta-
ton of Naturalization Laws.

Court of Solano county, is temporarily pre-
siding in Department Two of the Superior
Court of Sacramento. He has had occa-
sion to refuse admission to citizenship of
certain applicants, and in the following
communication he gives in unmistakable
English the reasons that prompted him:
Eos. RECORD UNION: While so much is
being said about the ease with which an
alien can acquire citizenship in this coun-
try, it occurs to me that it Hight prove of
some interest to examine into the workings
of our system and the manner in which
our naturalization laws are administered.
The law by which an alien may become
citizen is an enactment of Congress.
That part of the law which care to deal
with mainly in this article is Section 2165,
Revised Statutes. United States, which
provides:
An alien may be admitted to become a citi-
zen of the United States in the followins man
ner and not otherwise:
First. he shall declare on oath before Cir
cult or District Court of the United States, or
District or Supreme Court of the Territories, or
having common law Jurisdiction and
a seal and CLERK, two years, at
least prior to his admission tb at ii is bona fide
his intention to become citizen of the United
and fidelity to any foreign Prince, Potentate,
State or Sovereignty, and particularly by name
TO the Prince, Potentate, state or Sovereignty of
which the alien may be at the time citizen or
subject.
Second, He shall at the time of his applica-
ton to be admitted declare on oath before some
of the Courts above specified, that he will sup
port the Constitution of the United States, and
that he absolutely and enterely renounces and
abjures all allegiance and fidelity to every
Prince, Potentate, State or Sovereignty, and par
ticularly by name to the Prince, Potentate,
State or Sovereignty of which he was before a
citizen or subject which proceedings shall be
recorded by the Clerk of the Court.
Third, 1t shall be made to appear TO the salts
faction of the Court admitting such alien, that
he has resided within the United States five
years, at least, and within the State or Territory
where such Court is at the time held one year,
at least and that during that time he has be-
haved as q man of good moral character, at
tached to the principles of the Constitution of
the United States, and well. disposed to the good
order and happiness of the same; but the oath
of the applicant shall in no case be allowed to
prove his residence.
The other parts of the section have no
bearing on the matters to be here treated
of and are therefore omitted.
1t will be observed that there must first
be declaration of intention made. This
declaration, or the act of taking it, being
more ministerial than judicial, is made be-
fore the clerk. This declaration must be
made two years prior to making the appli-
cation to be admitted. After the alien
has resided in the United States for a
period of five years, and two years having
elapsed since he made his declaration, he
comes before the Court with two witnesses
who have known him for five years.
As will be noticed by subdivision third,
there are five things to be proven.
First, A residence in the United States
for five years.
Second, A residence in the State for one
year, and neither of these can be proven by
the applicant.
Third, That he has behaved as q man of
good moral character. And it was held
In re- Spencer, 6 Sawyer, 195, that he must
show good moral character, not only for
the five years, but for and during all the
time he has resided in the United States.
1t was held, also, in the same case, that if
the alien had been convicted of crime
nldld IN Sc, | take it, during his residence
in the United States, he would not be a
man possessing that standard of moral
character which would be necessary to en-
title him to admission to citizenship.
Fourth, That he is attached to the prin-
ciples of the Constitution of the United
States.
Fifth, That he is well disposed to the
good order and happiness of the United
States.
The proof must be such as will satisfy
the Judge of the existence of the condi-
tons imposed upon the alien to entitle him
to admission. And it is this proof, the ease
with which some judicial minds become
satisfied, and the difficulty there seems to
be for others to ascertain the required facts,
which hope to show in this article.
Residence must be proven by other per-
sons than the applicant, and is usually an
easy matter. Two witnesses, reputable
and uninpeached, testify to the residence
ss a fact within their own knowledge
Upon this matter, and this alone, the APP
plicant is forbidden to testify, or rather his
testimony would not be received to deter
mine his residence. But upon the other three
questions the applicant can and should
be called upon to testify. Taking the third
matter, be may have been convicted of
crime during his residence in this county
of which the witnesses might know moth
ing. 1t is true that, providing he has, his
testimony may not disclose that fact; or he
may decline to answer, on the ground that
his answer might tend TO disgrace him. In
the first instance the Judge would have
been performing his duty, and in the sec
ond | apprehend that no Judge would ad-
nit the alien who declined to answer on
the ground that his answer might tend to
disgrace him. AS to the fourth and fifth,
who could know better than himself
whether he is attached to the principles of
the Constitution and is well disposed to the
good order and happiness of the country ?
The manner of determining these, to my
mind, very important questions should be
uniform in all the Courts. l do not give
my own system or formula as a guide for
nfh TuAooc do cl Of ~
cellence, but simply wish to illustrate more
fully, as understand it, the methods of ar
irving at the qualifications of an applicant
for citizenship.
In my Court, first interrogate the wit
nesses as to the time the applicant has re-
sided in this country, what his conduct has
been, and their means of knowing what
they testify to. These matters being de-
termined in favor of the aliens admission,
question him; and to satisfy myself that
he is attached to the principles of the Con-
stitution, and is well disposed toward this
Government, must find out if can what
knowledge he possesses of these matters
and the condition of his own mind.
want to know that, when he takes the oath
of allegiance, it is done with full realiza-
ton of what it means, and that there is no
mental reservation. l therefore ask him
the following or similar simple questions,
to wit:
First, What is your object in desiring to
be a citizen?
Second, What form of government is
this, republican or monarchical?
Third, What is the ruler called?
Fourth, Is he elected or appointed?
Fifth, What is his term of office?
Sixth, BY whom are the laws of the
United States made?
Seventh, Have you read the Constitution
of the United States?
Eighth, Would you, If admitted, support
and defend the Constitution of the United
States?
Ninth, Suppose law should be passed,
or is now in existence, which you might
think wro-g or bad law, would you obey
it?
Tenth, If you were an officer of the Gov
eminent, whose duties were to enforce the
laws, would you try to enforce law which
you did not like?
Eleventh, Do you believe in Law, order
and government, or do you believe in an
archy2
Twelfth, Will you seek your redress for
all wrongs done you through the Courts of
the country?
Thirteenth, WEI you obey the laws of
this country at all times and under all cir
cGmstanceS, notwithstanding the church,
religious or any other society to which you
L Il ~. I. e Il.