No one can deny that at the time the Representative from Utah was stopped at the bar of this House he possessed all the prima facie right to office that any of us had. and in pursuance thereof had the right to take upon himself and assume all its mandatory incidents. at least to the point where our discretionary powers could be moved and the results of investigation made known. And no one can affirm. that at that time any investigation of the. charges had been made. The allegation that in the opinion of eminent counsel the record of his naturalization might be held to be defective is not a charge that he was not a citizen. At least it merely suggested a doubt which was immediately dispelled by the production of his certificate of naturalization issuing by a court of competent jurisdiction. which is certainly conclusive unless we are to assume that the legislative branch of the Government can exercise a revisory control over the judicial branch. which. it seems to me. is subversive of their distinct and sovereign equality. It may be that uponinvestigation properlyhad. if there appears an entire lack of jurisdiction on the face of the proceedings. it would be in the power of Congress to so declare and thus defeat his election. At any rate. we are not to assume its void character until it does appear.
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naturalization