Year: 1878




to the courts of the city. and are now pend
ing, may not be considered and disposed of
on merely local or partisan considerations.
The fact of citizenship Of the United States
carries with it rights and duties which
reach far beyond the elective franchise in
the city or State of New York. When q
''court Of record" in this city, "having
clerk" adjudges and certities an alien to be
citizen Of the Union it brings into po-
litical being person who may own Ameri-
can vessels and command them may pre-
empt public lands; may have certain i'm
portant rights in the federal courts
may command the services of our consular
and diplomatic officers; may own real estate;
may become a national legislator, and, in a
word. may put in operation the power and
treasure Of the United States to vindicate
his nationality. The fact of naturalization
is ALSO in most of the States, prerequisite
Of the exercise of the elective franchise,
although State may, if it pleases, dispense
with it. Intelligent foreign observers Of
our political system wonder why Congress
u
diction to clothe aliens with national citi-
zenship, and why the legislative power
did not limit such functions exclusively
to national tribunals. The reason un-
doubtedly is that at the beginning
of the present century, when our
present naturalization law was enacted, the
federal courts were few in number, and in
many States not easy of access. But what
ever may have been the reason it is q fact
that at this moment every court Of record,
in every State of the Union, which has q
common law jurisdiction, no matter how
small, and o seal and a clerk, can make
national citizens out of aliens of all races,
the yellow or Mongolian races only ex-
cluded. And during the election periods
these local courts work with intense energy
and turn out federal citizens with corre-
spending rapidity. The whole system is SO
faulty that President Grant, in his annual
messages, repeatedly asked Congress to re-
wise and remedy it but the naturalized vote
is SO potential in the States that the average
national politician appears to fear to deal
with the evil. Let us look at what
is required to make an alien citizen
First, if born abroad Of alien parents he
must make general declaration Of his in
tention to be citizen. Two years or more
after this declaration the alien can go before
either national or q State court and make
certain other declarations, and if it shall
be ''made to appear to the satisfaction" of
such court that among other things she has
Ty~.
at least, and within the State or Territory
where such court is at the time held one
year at least" the court may admit and
adiudge him to be citizen. ''But," adds
the law, 'the oath Of the applicant shall in
no case be allowed to prove his resi-
dence." Congress has, it will be seen,
made the conferring of citizenship
judicial act. And can Congress impart
such national functions to State courts?
The critical element in naturalization is
five years residence" and it must be es-
tablished by other witnesses than the ap-
plicant What constitutes residence or
domicile is one of the most delicate ques-
tions in the administration of justice, and
Congress certainly intended that the ques-
ton should be solemnly tried. But how is
it tried in this city? What examination is
given of the witness who swears to "resi-
dence" as to the source Of his knowledge or
what he means by the term2 How much
time does judge give to the inquiry? And
what remedy is there when IN improper or
fraudulent judgment has been entered
declaring On alien to be o citizen?
What court can annul or set aside
such Judgment? Who can move to
correct the error or fraud? There
is q we'll authenticated case Of an applica-
ton to one Of our foreign ministers by
man presenting o certificate of naturaliza-
ton who admitted that he had never been
in the United States, but that his brother
procured the certificate from a Brooklyn
court. How can such certificate be made
void It must be remembered that in nat
uralization there is o Judgment" of a court,
which is very solemn and controlling doc
ument. 1t cannot be attacked in any other
court on collateral issues. It imparts o
verify, if regular in form. As plea it is
bar, and as evidence it is conclusive. In
Spratt's case the federal Supreme Court
said, by the mouth of Chief Justice
Marshall, that if judgment of nat
uralization issued by State court
was unexceptionable in form it was
conclusive in that court, no matter
though the evidence were overwhelming
that the applicant had never been in the
United States. We do not discuss now
what remedial legislation Congress should
enact, but we only call attention TO the fact
that application is now made to the very
courts making the judgment claimed to be
fraudulent because obtained by perjury.
1, is to be hoped that the judicial power Of
New York in this city will deliberate long