Speech #590089205

Mr. Chairman. under the Constitution the subject of naturalization is delegated to Congress. It is a Federal procedure. and so we might have reported. as I said a moment ago. a provision limiting the courts that could exercise jurisdiction in these matters to Federal courts. We sought to be more liberal and to extend the opportunity to State courts to act in such matters. It is necessary when they do so act. that they act as officers and agents of the United States. It has been held by the Supreme Court. in the case of Houston v. Moore. 5 Wheaton. page 1. that the declaration in the United States Statutes that has reference to this matterThat certain State courts may hear and determine and act upon applications for naturalization is permissive merely. for Congress is without power to interfere with or control State courts except in so far as the Federal courts have appellate jurisdiction. Now. of course. no State courts can be compelled to act by Congress. It is simply permissive. They may or they may not. as they see fit. but when they do undertake to act In naturalization proceedings they must act in accordance with the statutes passed by Congress.