In re Ramsden

Hoffman, Justice,

I have been in the habit of exercising the power of naturalizing conferred by the act of congress of 1802, in common with most of the judges, and without a minute examination of my authority or duty. But a decision of the supreme court of California lately published, (Am. Law. Reg. for Aug. 1856, ex parte Knowles,) has induced me to investigate the subject.

The court there hold—

1st. That the power to naturalize, conferred by the act of 1802, was a judicial power.

2d. That congress had no authority to confer jurisdiction upon the courts of the states \ that the constitution…