152 A. 92 | Pa. | 1930
Appellant petitioned the Common Pleas Court of Beaver County to be naturalized. Naturalization was refused because he wished to add to the required oath to support the Constitution and laws of the United States the words "so far as they are in accord with the moral law of Jesus Christ." He now appeals to this court.
The first question is the right of appeal. Proceedings for naturalization of foreigners have always been entertained in our state courts. It stands justified by the fact that it has had an almost undisputed growth since the formation of the Union; our "practice . . . . . . is fully justified by positive law. The Statute, 13 Geo. 2, c. 7, [1740], followed by the Provincial Act of 3d February, 1743 [Hall Sellers, 197], made the naturalization of foreigners a subject of judicial cognizance in our state courts": Rump v. Com.,
When the thirteen colonies were organized and the federal Constitution adopted, section 8 of article I, treating on naturalization, declared: "The Congress shall have power . . . . . . to establish a uniform rule of naturalization."
"The Constitution has conferred on Congress the right to establish a uniform rule of naturalization, and this right is evidently exclusive, and has always been held by this court to be so. Consequently, no state, since the adoption of the Constitution, can, by naturalizing an alien, invest him with the rights and privileges secured to a citizen of a state under the federal government, although, so far as the state alone was concerned, he would undoubtedly be entitled to the rights of a citizen, clothed with all the rights and immunities which the Constitution and laws of the state attached to that character.
"It is very clear, therefore, that no state can, by any act or law of its own, passed since the adoption of the Constitution, introduce a new member into the political community created by the Constitution of the United States": Scott v. Sandford,
The first federal act passed under this power was that of March 26, 1790, c. 3; the last brought to our attention [Act of June 29, 1906, c. 3592, section 3, 34 Stat. 596, U.S. Code, Title 8, section 357] confers jurisdiction to naturalize aliens on the United States district courts and on "all courts of record in any state or territory having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited." An appeal lies from the district *325
court to the circuit court of appeals in such proceeding, it being a "case" within the meaning of the Court of Appeals Act: Tutun v. U.S.,
Naturalization is a judicial act: Spratt v. Spratt, 4 Pet. 393, 406; Tutun v. U.S., supra. It is essentially so in its nature, for it is a cause to be heard and decided on evidence; it involves a question of legal right, and, although such cases arise under the Constitution and the laws of the United States, yet, because these are part of the law of the land, and merely give the rule for the exercise of our admitted state functions, our state courts may entertain this jurisdiction: Rump v. Com., supra. It may be quite true that the legislature of Pennsylvania might deem it expedient to forbid the courts to entertain petitions for naturalization, and it might even decide that the applicant had no right of appeal from the action of our courts of record mentioned in the act of Congress, but it has not done so.
While there is no direct ruling in this State that such a proceeding is the subject of an appeal, and it is suggested that the lower court is the court of last resort, from which under the federal acts an appeal lies direct to the United States Supreme Court, the reasoning of our cases is to the contrary. Rump v. Com. was followed by Schuylkill Co. v. Reese,
As the proceedings are judicial, though of statutory origin, and there is no legislative prohibition against an appeal either before or since the federal Constitution, and since the right of appellate review is brought within the ordinary rules of our system of jurisprudence, under our general supervisory powers, we may, by certiorari, inspect the record of the court below: Twenty-first Senatorial District Nomination,
Before discussing the latter, it may be pointed out that in our sister states the right to an appeal in naturalization cases has been generally upheld: In re Fordiani,
Appellant argues that he has a right to accompany the oath prescribed under the laws of the United States with the statement noted above, since it is not a qualification of the oath; but the decision of United States v. Schwimmer,
It is for Congress alone to decide the form of the oath of allegiance, and when it does so in language as clear, explicit and unequivocal as that contained in the present oath, no court or judge can nor should permit any evasion of its terms. The oath is not one to be debated; its equivalent in other language is not a legitimate subject of discussion. It predicates a definite state of mind in those seeking admission. The naturalization clause is one of the most important provisions of the Constitution, as is the legislation thereunder. Judges, who accept into citizenship one who wishes to subtract from its declared requirements, or attempts to limit or modify its intent, open the door for further infractions and anarchy may stalk in unmolested. No sophistry of illusionary *328 reasoning can minimize the ordinary import of the oath. It would be much more in keeping with intellectual honesty to say openly that we do not regard Congress as capable of enacting rules, or hold that regardless of what is laid down we think the applicant should be admitted to citizenship. If one desiring citizenship, holding views contrary to those prescribed by Congress for membership in the United States, may, because of superior education, age, or mental reservation, become a citizen notwithstanding the rule, why have a rule at all? Admission would then depend on the inclination of the judge. It makes little difference what judges may think of the views of those seeking naturalization; Congress has pointed the way with unmistakable directness, and has declared that an applicant must agree under oath to support and defend the laws of the United States; it is for us to follow the law, not to legislate. The court below was clearly right in denying the applicant admission on the terms he wished to impose on the national government.
Judgment affirmed.