Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-06-04
EVENING STAR.
Local Intelligence.

port Of the Circuit Court, on the petition Of
Thomas J. Gruen, praying that a rule might
be isssed on William J. Mccormick, the Citv
Register, to show cause why a mandamus
should not issue, demanding him to inscribe
the name Of the relator on the tax lists and
certify the same to the commissioners of cleo
cons, that ne may be entitled to vote.
Mr.. druen was naturalixed during last
month, and therefore claimed the right to
vote; but this was resisted on the ground, in
brief, that he has not bean citizen of II q
United States for the term required by the
city charter, (the clause from which was in.
marks)
At the time our paper was put to press on
saturday, q o'clOek,) the Court was in seq
son. As the subject is of much interest, We
begin where We then left of, and conclude the
report, IS follows:
Messrs Bladley, Lawrence, and Carlisle
having addressed the Court
Robert Is. Scott, in reply to Mr. Carlisle,
said the gentleman had asked to be pointed 10
the Constitution, or the fragment of the Com
stituton, which drew o distinction between
the natiye-born citizen and the natural;zed
citizen. nr. Carlisle: Except the President
Of the United States."l lie mi ht point him
to many SUCH instances in constitutions Of vs.
nous States, but he was not here for that pur-
pose The question was in what manner, by
$40 1oAnAo VI tuo COupdot, contained IN he
written charter, the right Of voting is reyu-
lated. The man Of foreign birth is an alien
until ne Is natursliZed. the subject OF a foreign
potentste, and owes allegiance to the Prince
from whose country he comes. Would tho
declaration Of intention to became o citizen,
liable to De abandoned at any moment render
him liable to be put on the list CT voters, and
authorize the right Of voting merely on condi-
ton that, at the momen. of election, he shall
pass through the ceremony of naturalization T?
Sucn 10 not the meaning Of the charter. There
Is no r1gnt 70 argue the question of citizen
ship outside of the charter, and interpret an
other, Of different Specification, in its place.
IL was the intent of the act to confer the right
Of suffrage only On L" citizens of the United
otstes restricted to such persons as are
named In the charter; and we, he said, have
No tight, by any rule of construction to erase
the woid "citizen," and substitute for il an
other, of different signif cation. He contended
that the natufaiiIed foreigner must have re-
sided in the city one year preceding the cleo
ton; and be gramu atieally analy Fed the con-
struction Of the sentence il TIC charter, rela-
tive to voting. (ss quoted in the remarks Of
Mr. Bradley saying that the word "Wto'
referred to "citizsns CT the United States "
and not to mere residents In conclusion,
among other things. he said that the court had
No power to direct the register TO insert the
name Of this rela.or on the list Of the assessors
Under the charter and law this duty was con-
dded to others The right OF suffrage must be
restricted to such citizens Of tie Umit:d
States as we're returned on the books OF the
corporation during the year ending the 3lst of
December, next preceding the day OF election.
This is imperative. There is 10 power con-
ferred on this court to determine, either be-
fore or after election day, who shall or who
shall not vote. This is an authority conferred
on the commissioners of elections, appointed
in the manner prescribed By the charter, un-
der such penalties as that instrument imposes.
Mr.. Carlisle wished to be heard on two
points. He had not argued the first, because
the ofhcer OF the corporation (Mr Bradley
representing the register, had conceded that
to be with the counsel for the relstor and
as to the other, tie couzt had decided that CT
q former occasion The case was brought here
to obtain an authoritative Interpretation o!
the charter. As re live in a law abiding
community, when the court shall decide the
question, the people will be governed By it
There will be no resistance We should like
TO see the judge OF election, when the right OF
this man 10 vote has been decided, to take
upon himself 10 deny il. If the court shall
decide the law, he was free 10 say, and in thii
he believed he expressed the cIioion Of al
our citizens, that they would take care the
law shall be faithfully executed. all men are
Of one mind on that subject. No judge o.
election would refuse to receive the vote
should the court decide the right to give it
II the judge should refuse, he would be an
sverG5le to jury Of his county, and 20 thC
last fsrthing Of bis property. lie was nucE
mistaken If jury, in such a case, would no
lay IL on unspsringly. he should desr,
= nothing better than to expend his last breath
to obtain jast retributlon. We have, ht
ssid, night to the expression Of your honor!
opinion, If you cannot act directly.
The counsel on the other side (Mr. Scott
said that the idea OF citizen Of Washington
was an abuse Of terms, which he did lot IN.
dsrstsnd. De (Mr CarIise) supposed tia,
everybody know, and nobody better than the
gentleman, the primary meaning of citizen
II means land here Mr. Carlisle gave lie
Latin, French, sud Spanish derivatiOn,) the
inhabitsnt Of city; and whenever IL is in
tended In the charter to extend to tie politi-
cal distinction Of citizen OF the United States,
II says 20 IN Is many words There seemed 70
DO some confusion Of ideas on the part of the
gentleman Mr. S:ott,) when he thought that
while the court is iuquiring into the question
Of residence, which is q legal idea it il TO lie
mixed up with an intention whether something
else did not exist
Mr. Bradley again addressed tho Court, in
nation, and repeating II az Y lat ne L saIt
was, the rslstor in this case (Gruen) Is noten
titled to vote. If there il no power to alter
the list, the judges OF election will have a
plain duty to perform. In tie discharge of
that duty, be knew that they will be fearless,
though they may be threaten ID with Law suit
II suit shall be eroGght against any Judge, he
should willingly and voluntarily clFer himself
az an adyocsts TO defend him. Applause,
someshat timidly expressed, but which was
Immediately silerced by tie couTt
The arguments having been concluded
Judge Horsell said: There is soms difi,ulty
about immediately making Up our minds The
subject will require some reflection, and we
should like 10 look into authorities, PERHAPS.
especially With respaot to one point; thsrsfore,
We shall deliver eur opinion on Monday morn
ing, at ten o'clock the usual hour of the meet
ing OF the Court.
Tie Court thsa adjourned.
Monday Morning As or Saturday, very
large number Of persons vera in attendance
At the court room. Eessrs. Bradley and Car.
Isle, lthe former OF counsel on the part of the
register or Corporation CT Washington, and
latter OF counsel for the relaiOr) were not pre-
sent, bat, accordingto report, standing in the |
Iong line Of sovereign at the Porrtn Ward