The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-03-22
UNCLE SANS Right.
The Attorney Generals Opinion
Of the Naturaliza
ton Bill.
rrec,.gson he Jc'asy c:t.- Ncsrc.

ldG VI 4NCW 1SC
Governor-In reply to your request that
1 give you an opinion as to the constitu-
tionality of Assembly bill No. 80. entitled
A act concerning naturalization and
regulating the procedures in cases of nat
uralization in courts of this State. and es-
tablishing uniform fees of clerks and
judges in naturalization cases."
The. Constitution of the United States
provides thai Congress shall have power
among other things ito establish a uni
form rule of naturalization and uniform
laws on subject of bankruptcies through
out the United States,'' in the exercise OF
which power Congress has provided that
aliens may be admitted to- become citi-
zens of the United States in the follow
ing manne and not otherwise
Section 2165 OF the United States Stat
utes provides that the alien shall declare,
on oath, before a circuit court or district
court of the United States or a district
court or supreme court of the territories,
or a court of record of any of the States
having common law jurisdiction and a
seal and clerk, two years, at least, prior
to his admission. that it. is BONA fde his
intention to become a citizen of the
United States, and to %renounce forever all
allegiance and fidelity to any foreign
potentate, etc.
Second-He shall at the time of his APP
plication to be admitted, declare, on oath,
before some one of the courts above speci-
fed, that he will support the Constitution
of the United States, and that he abso-
lutely and entirely and abjures
all allegiance and fidelity to any foreign
~potentate, etc.
the satisfaction of the court admitting
such alien that he has resided within the
United States five years at least, and
court is at the time held, one year at
least; and that during that time he has
behaved as a man of good moral charac-
stitution of the United States, and well
disposed to the good order and happi-
ness of the same.
The bill before me in its first section
undertakes to define which of the State
courts shall have jurisdiction on the
subject OF naturalization and limits the
depriving certain courts of the power
conferred by the act of Congress. This
it is beyond the power of the Legislature
are made by Congress the agents Of the
general government for the purpose of
making citizens of the United States out
gress, and not otherwise. State legisla-
ton could not vest the jurisdiction in a
State court; neither can it deprive a
State court of the jurisdiction conferred
by Congress.
The second. third, fourth, fifth and
sixth sections make provision in detail
fer the process OF naturalization in such
State courts as are permitted by the act
to entertain jurisdiction on the subject
matter. adding a large number of acts to
be performed by the applicant and facts
Which are to be proved, which are not
required to be proved by any act of Con-
gress, and without which no alien is
permitted to be naturalized, although he
may have complied strictly with the act
of Congress. 1t is also provided tina
final action Of the court can only be had
terms of said courts and prohibits the
NATURALIZATION of persons within thirty
days before any national, State or NUM-
cipal election.
1t is manifest. therefore. that in add
ton to the requirements Of the act of
Congress. many other things must be
under the provisions of this act. That
in many cases the time when the alien
may become a citizen VIII be a longer
Congress and that courts authorized by
the act OF Congress may, under the pro-
visions Of this act, be deprived of their
jurisdiction in the matter.
| do not think that any of the State
Legislatures have power to pass any law
which conflicts with the clause of the
may be admitted to become a citizen of
the United States in the following man
ner. and not Otherwise.
legislation on the subjects of bankruptcy
and naturalization are vested by the
G@1nfititlvtiiH IN c Of the u rhe c6 s5atsy en-
upon its adoption. obviously took from
the States all power by any subsequent
the political family Of the United States
anyone. no mater where he was born,
or what might be his character, and
this character Upon those only who We're
born outside of the dominions of the
United States. When they gave to the
immunity OF citizens in the several States,
they at the same time took from the
several States the power exclusively to
the Federal Government.
Judge Washington, in the case of Gold
en- V. Price. Sd Washington, c.. C. ga,
examines and construes this clause of
ion. The case decides that the exercise
of the power by the State Governments
to pass bankrupt and naturalization laws
Is Incompatible with q grant of power to
Congress to pass uniform laws upon the
same subjects.
PaschaPs Annotated Constitution, page
liz.
Bates on Citizenship.
Naturalization Is the act by which an
s sfsaas is Of mage ama a citizen f . OF t The s upite Cd
adopting a foreigner and clothing him
with all the privileges of a native-born
citizen' The poTer Of naturalisation is
not be exercised by any Of the States.
/ Minor.s Inst. ls9, y; $. V. yenato, 2
Dan. tO.-S) SO, aouSlOn Y. moore, oIn
5sh How. 5o4: smith V. H T'lrner, . MoW
~. So 2s3: ! Kent. Sec. 424.
Chancellor Kent, in the first volume of
his Commentaries on American Law,
sections 422-424, under the title No State
Can Pass Naturalization Laws thus re-
views the cases.
BY the Constitution Of the United
States Congress have power to establish
2 uniform rule Of rfaturaiization. It was
States, at Philadelphia. in 1892, in Cellet
v. Collet. that the State Governments
still enjoyed a eorc1rrent authority with
the United States upon the subject OF
naturalization. and that though they
by Congress, or exclude those citizens
VINO had been made such by that rule,
vet that they might adopt citizens .upo-.
easier terms than those which Congress
may Deem it expedient to impose" But
though this decision was made by two of
concurrence of the district Judge of
Pennsylvania. it is obvious that this opln-
ion was hastily ard inconsiGerately de-
ctared. If the construction gwen to the
Constitution in this case was the true
one, the provision would DE. in a great
degree, useless, and the policy of 1t ce-
featsd. The very purpose CT. the power
States Individually Of the power of natur-
elizlng aliens according to their own will
and pleasure, and thereby giving them
the rights ard privileges of citizens in
every other State. II each State can
naturaMze upon. one years residence,
of what use IS the act Of Congress, and
hlweoes II becaf.a q Uniform rule?
iris decision OF the Circuit Court
nay be considered, as in esTeal.