THE UNITED STATES VERSUS VILLATO

Peters, JuJlice.

At the time of committing the defendant, some doubts arose in my mind ; which, on account of the importance of the subject, I thought it more proper to submit to a solemn discussion, than hastily to decide at my chambers. I take the earliest opportunity, however, to acknowledge, that I am now convinced the commitment was erroneous. The act of assembly is obviously, inconsistent with the existing constitution of the state ; and, therefore, cannot be saved by the general provision of the schedule annexed to it. On that ground only my opinion is formed ; but it is sufficient to authorise a declaration, that the proceeding before the Mayor was, ipso facto, void ; that, the prisoner is not a citizen of the United States ; and that, consequently, he must be released from the charge of High-Treason.

Iredell, Justice.

I am of the fame opinion. Difficulties, it is true, have been suggested on points not necessary to a decision on the present occasion ; and, certainly, if the question had not previously occurred, I should be disposed to think, that the power of naturalization operated exclusively, as soon as it was exercised by Congress.

But the circumstances of the case now before the court, render it unnecessary to enquire into the relative jurisdictions of the State and Federal governments. The only act of naturalization suggested, depends upon the existence, or non-existence, of a law of Pennsylvania ; and it is plain, that upon the abolition of the old constitution of the state, the law became inconsistent with the provisions of the new constitution, and, of course, ceased to exist, long before the supposed act of naturalization was performed.

The Prisoner must, therefore, be discharged.