Speech #430045792

Another bill of even a worse character. looking in the same direction. was introduced by my colleague at this session. andis now before the Committee on the Judiciary. That billappears to have for its object to accomplish indirectly what Senator FREiINGIY uSit " bill failed to accomplish directly. Under the plea of guarding the purity of the ballotbox. the bill empowers the chief supervisor named therein to be present and witness all proceedings for the naturalization of aliens. to examine and crossexamine all witnesses aud applicants. and to examine all natn ralization records aid papers thereto belongiug that may be filed in any court within his district. or may havb been filed in any sch court since the colonial timeasi and to make. or cause to be made. abstracts or copiestherefrom to be filed away inl his own office. It also provides that any officer of any each court. or asy person acting under any authority or pretended authority. from any such officer. who shall hinder. interfere with. or prevent the said chief snpervisor ii the performance of any of the powers and duties referred to. shall be deemed guilty of a misdemeanor. and shall. upon conviction. be punished by imprisoment for not less than six months nor luore than one year. or by a fine not less than $500 nor more than $1.000. or by both such fine and imprisonment. . Under the foirtl tiection the oftending judge may be instantly orresed without process. It therefore hecomes u serious question whether. in case of the passage of the bill in its present form. any State court could. consistently with its own dignity and selfrespect. continue to naturalize. Themodeof examiningand crossexamining a witness is always to a very great extent in the discretion of the court. The ablest counsel are not only bound to submit. but they do schcerfully submit. to the ruling of the court in this respect. lt any such ruling. if made against the chief supervisor. who is not required to be a lawyer. aud perhaps does not nuderstand Che rules of emainination. would. under the laingoage of the said aet. constitute an interference. and as such it is punishable by instant arrest without proess. and subsequent fine and imprisonment. What judge. fit to be a judge. would consent to such an arbitrary and irresponsible supervision and censorship? Although State courts have a constitutional and competent power to naturalize as long as the power is not expressly taken away by net of Congress. they are not bound to exercise it. In admitting aliens to citizenship they act as courts of the United States. and not as State courts. This jurisdiction they are at. liberty to decline to exercise. and the act referred to seems to have for its object either to insure the complete subjection of the State courts in matters of naturalization to the will and wishes of tie adicinistration in power. or to provoke them to a refusal to naturalize. There are other objections to the bill that need no elaboration. As all the duties that can legitimately arise in connection with th naturalization of aliens cau be and always have been performed by courts regularly constituted and Laving mt seal as such. the creation of a separate bureau which is to watch over both Federal and State courts. which is to have its own secret archives. and which is to have for its head al irresponsible executive officer. whose tenure of office depends wholly upon the will of a political faction. and whose eoinpeisation in the shape of fees is made to ducend solely and exelusix ely upon the amount of mischief he may do. should be looked upon with great solicitude. The whole bill is just the reverse of the policy that. as has been shown. should be pursued toward aliens. If iii the jiignentof Cotsgress the existing laws are insufticiont for the prevention of frauds and the detection and punishment of offenders. let additional safegumrds be enacted.