Speech #810212721

He took the oath of office. and entered on the discharge of its duties. His predecessor. as relator. filed an Information in the Supreme Court of Nebraska. in which were set forth the facts as to the declaration of intention by Boyds father. and it was further averred that the father did not become a citizen during the sons minority. nor until the October term of the Court of Common Pleas in Muskingum County. Ohio. in the year 1890. when the son. was 56 years of age. and it was claimed that Boyd. the son. never having himself been naturalized. was not. at the time of his election. a citizen of the United States. and was not. under the constitution and laws of Nebraska. eligible to the office of governor of that State. and the relator therefor prayed judgment that Boyd be ousted from that office. and that the relator be declared entitled to it until a successor could be elected. To this information the respondent. in his answer. after stating that his .4888 CON father. on March 5. 1849. when the respondent was about 1.4 years of age. made before a court of the State of Ohio his declaration of intention to become a citizen of the United States. and averring "that his father for 42 years last past has enjoyed and exercised all of the rights. immunities and privileges and discharged all the duties of a citizen of the United States and of the State of Ohio. and was in all respects and to all intents and purposes a citizen of the United States and of the State of Ohio." and particularly alleging his qualifications to be a citizen. and his acting as such for 40 years. voting and holding office in that State. further distinctly alleged "on information and belief. that prior to October. 1854. his father did in fact complete his naturalization in strict accordance with the acts of Congress known as the naturalization laws so as to admit and constitute him a full citizen of the United States thereunder. he having exercised the rights of citizenship herein described. and at said time informed respondent that such was the fact." To this answer the relator interposed a demurrer. and on these pleadings the court below entered a judgment of ouster against Boyd. to which judgment a writ of error was sued out from this court. Held (1) That. as the defense relied on arose under an act of Congress and presented a question of Federal law. this court had jurisdiction to review it (Field. Judge. dissenting). (2) That the fact that the respondents father became a citizen of the United States was well pleaded. and was admitted by the demurrer. (3) That upon this record Boyd had been for 2 years. next preceding his election to the office of governor. a citizen of the United States and of the State of Nebraska. (4) That where no record of naturalization can be produced. evidence that a person having the requisite qualifications to become a citizen did in fact and for a long time vote. and hold office. and exercise rights belonging to citizens. is sufficient to warrant a jury in inferring that he has been duly naturalized as a citizen. And it was further held. by Fuller. chief judge. and Blatchford. Lamar. and Brewer. judges: (5) That. the Supreme Court having denied to Boyd a right or privilege existing under the Constitution of the United States. this court had jurisdiction. on that ground also. to review the judgment of the Supreme Court of Nebraska. (6) That. even if the father did not complete his naturalization before the son attained majority. the son did not lose the inchoate status which he had acquired thrcugh his fathers declaration of intention to become a citizen. and that he occupied in Nebraska the same position which his father would have occupied had he emigrated to that State. (7) That within the intent and meaning of the acts of Congress he was made a citizen of the United States and of the State of Nebraska under the organic and enabling acts of Congress. and the act admitting that State into the Union. (8) That Congress has the power to effect a collective naturalization on the admission of a State into the Union. and did so in the case of Nebraska. (9) That the admission of a State on an equal footing with the original States involves the adoption. as citizens of the United States. of those whom Congress makes merbers of the political community. and who are recognized as such in the formation of the new State with the assent of. Congress. (10) That the rule prescribed by section 4 of the act of April 14. 1802. 2 Statutes 155. chapter 28. was to be a uniform rule. and there was no reason for limiting such a rule to the children of those who had been already naturalized. but. on the contrary. the intention was that the act of 1802 should have a prospective operation.