Speech #500010849

I regard such a provision in a State constitution as unfortunate- and mischievous. No doubt the sitting members constituents. not aware of the requirements of the Constitution of the United States. believed Captain White to be eligible when they voted for him. The question of fact which presents any difficulty is as to the sufficiency of the evidence. if competent to show that the sitting member completed his naturalization more than seven years before his election. Admitting. for thesake of the argument. its sufficiency. the question arises. is it presented here in legal and admissible form? Just at this point there is a wide divergence of opinion among members. 1. sir. agree with the majority of the committee. If Captain White. the sitting member. has failed to show by legal evidence that he was naturalized by a court of competent jurisdiction at least seven years before his election. he is not entitled to a seat in this House. I care not by what majority he was elected. Let us examine the question. It is. I believe. conceded by all that naturalization requires judicial actiona proceeding. proof. the oath. the order of court. and the judgment. What. then. is a judgment? A judgment isThe final determination of the rights of the parties in the action. (NewYork Code of Procedure.) Judgment: The decision or sentence of a court on the main question in a proceeding. or on one of the questions. if there are several. (IPapalje and Lawrences Law Dictionary.) Judgment: The authenticated decision of the court. obtained in a suit. upon the relative ciis of the parties t!erein submitted. the semtence of the law pronounced by the court upon the matters presented by the record of proceedings in a suit. (Abbotts Law Dictionary.) Whenever the proofs are submitted. the oath taken. and the judicial mind passes upon it. and thus gives voice to the law declaring in favor of the applicants right to become a citizen of the United States. this is the judgment.