Ex parte Knowles

Murray, C. J., and Bryan, J., concurred.

This is an application on the part of an alien to become naturalized under the provisions of the Constitution and laws of the United States.

*301 It has been made directly to this Court, and has been resisted by several eminent members of the Bar, in the character of amici curia, on the ground that State Courts have no jurisdiction of the subject matter.

It might be a sufficient answer to the applicant to declare what is the settled decision of this Court,—that it is, under the State Constitution, an appellate tribunal, and can take no original jurisdiction, however conferred'.

But the importance of the question which has been argued at the bar, and the learning and research which have been evinced in its examination, induce us, in departure from our usual habit, to consider and determine the proper construction which should be given to the Constitution and laws of the United States, in respect to the question of naturalization. Two propositions which have been made by the counsel opposed to the applicant, will first be disposed of. These are: First—That the power to naturalize by virtue of the Act of Congress of 1802, is a judicial…