Page:United States Reports, Volume 2.djvu/377

 ·‘ CIRCUIT Conf, Pena/ylvauia Diltriili 37r tion granted to the Federal government was concurrent with, r7g7. and not excluiive of, the State jurifdiélion upon the fubjeét ; *’V‘* · that the Erlt naturalization a& of Congrefs, paifed in the year 1790, furnifhed a new rule, but contained no repealing, or ne- gative, words, to impair the operation of the prc·exiiling State laws 5 and that although at this time there was no other than - the Federal rule for naturalizing a foreigner, yet this was the direét elfeét of poiitive negative words, in the a£i: of Congrefs pallbd in the year r7gg. 3 Val Swyfs Edit. p. x63. Colle: v. Collrt. Ant. p. ag;. _ Dallas, in reply. It is conceded, that if the prifoner is not a naturalized citizen of the United Stain, he mult be difcharged. It is unnecelfary to enquire, whether the Federal power of na-‘ tutalization is concurrent, or excluiive; lince, it will be fuE- ciently ihewu, that even if the power is concurrent, the State had oeafed to exercife itbefore the year 1793 ; and, confi- quently, the prifoner could not have become a citizen of the United State: under any law of Pennwsxania. Before Congrefs had exercifed the power of naturalization given by the Federal ‘ Conilitutiun, the then exiiting State conltitution had declared, that “every foreigner of good charaéler, who comes to fettle’ in this State, having {itil taken an oath or ailirmation of allegi- ance to the fame, ma purchafe, ·or by other juit means ac-‘ quite, hold, and transfer, land, or other real eftate; and, after one year’s rclidenoe, {hall be deemed a free denizenthercof, and entitled to all the rights of a natural born fubjeet of this State, except that he fhall not be capable of being elected a Repre- fentative until after two years relidence." r Val. Dall. Edit. pt 60. in Appendix. While the tell: laws were in force, no particu- lar form of qualification was prefcribed for the purpofe of natu- ralization, different from the oath, or ailirmation, of alle `ance‘ and abjuration, exaéted from every inhabitant of . the Slate :. But when the tett laws were repealed, and before Congrefs had legillated upon the fubjeét, a fpeeial provilion became neceH`ary; and -the provifo in the aét of the year 1789 {2 Val. Dall. Edit. p. 677:f was exprefsly introduced to pteferve and eifeélnate . the 42 jiftion of the Conilitution, with which it is in language and meaning infeparably conneéted. The next change in the buiinefs of naturalization was the a€t of Congrefs, paifed in the year 17go. This aét, it is true, docs not contain a repeal of the State law, nor any negation of a State power to naturalize ; but the arguments ab incomxnimti are llrong againit a concur- rent authority; and, if not on the quellion of power, at leail: on the principle of expedienc, the State Convention, who af- terwards formed our exilting gonltitution, have evidently avoid- ed a collilion of jurifdiélion, by omitting to prefcribe any State mode of naturalization, andlcaving the fubjc€t, implicitiyxao · Aaa 2 e.

�