Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-11-21

covered by the certificate given By the clerk /
9th OF October, 1864, and he proceeded to the
clerks off1ce 20 see where the mistake had oc.
CURED, and discovering the discrepancy, he
on the same day zantz,nger came to his Of
ice and TOOK copies OF the certificates, as he
lMiller) alleges, without his consent, and left
Mr.. ZantzinEer subsequently called and de-
parties, which ne declined to deliver unless a
bill Of $50 he had against the said parties was
paid-ths bill being for services at the State
Department and Clerks Once.
MIR. Zantzinger, it appears, became acq amt.
ed with the parties upon their arrival, they
bringing letter Of introdu ction from an officer
of the navy In the Mediterranean.
The following is the decision In the case:
Opinion Of Chef Justice Cdrtter in the Case of
Justice N. II. Aiuer-In the case Of Justice N.
H. Miller, the Chief Justice said that the Court
had unanimously come to the conclusion to
His Honor then proceeded briefly to recapit-
ulate few of the reasons influencing the Court
in its determination.
He remarked that here were two strangers
from remote quarter Of the earth, (Egypt,
which was unrepresented in this country by
any diplomatic or consular power,) visiting
the Capital OF this nation. Having no ofhcial
representative OF their own nation here, they
had right to rely upon the judicial function
aries of this country for projection. That was
what these tribunals were created for and not
1t appeared that these men desired to carry
back home, where they proposed temporarily
to sojourn before finally completing their citi-
zenshIp in this country, the evidence Of cih-
zenship They conceived the idea that pass
port would avail them In travel, (and they
were correct in this view, for up to the time OF
our troubles, and even now, the passport of an
American citizen was guaranty wherever
civilization existed.) With this very laudable
desire, and totally ignorant Of our laws and
language, they appealed to a sergeant by the
name of Morritz.
He, undoubtedly for mercenary purposes,
fiatte ned their desire, and encouraged them in
the belief that they could get the protection OF
an American passport. They had declared
their intention to become citizens, but frankly
admitted in the clerks Office through an in.
terpreter that they had been in the country but
two months.
This sergeant, aware that it would REQUIRE
two years residence in this country before a
passport could be obtained, and anxious for
purposes OF his own. to have 10 appear that
these men had resided here the necessary
length of time, went to the office of this
magistrate for the purpose Of securing a certi-
fcate OF citizenship, recognized by other ma
tons as essential to protection. A certificate
to be obtained not with a view to practice i'm
position upon foreign power, (for the certifi-
cate of the magistrate would not have been
worth the blank paper, abroad) but for the pur-
pose or imposing upon our government, and
thus causing it to become the participant in a
deliberate fraud.
The Court regarded it as immateriai whether
ginning that these men were not entitled to a
passport, he knew, or should have known that
1t was not his business to administer extra ju.
dicial oaths, or to make extra judicial certifi-
Gates. Had he acted In the character OF citi-
zen merely. without attempting to drag the
characteristics OF his Office into it, the case
would have been different
But what was worse, when an enquiry was
instituted into the contents Of the paper, it was
found he had certified to W hat he did not know.
The Court could find no justification for the
act In experience had been pleaded In extern
uaticn, but inexperience always rendered
man, when he intended to do right, umid, and
led him to look for authority sustaining the act
proposed. In experience with a dlsposi tion to
to consult the obligations Of duty, or the au.
thori,y of the law.
Clearly, in this case, Justice Miller did not
know whether the men b ad resided one or two
years in the United States. He not only did
not know it, but it appeared to the Court that
he took no steps towards ascertaiaing whether
it was so or not. He yielded, according to his
own explanation, implicit confidence In the
declarations of a man who was so irrespon-
sibe that he could not even now be found. 1t
was said, but not proved. that he administered
an oath to ascertain the fact of residence. II
he did, he administered an extra judicial oath.
1t no part of his business to deal in such
oaths. His province was 70 administer only
such oaths as were ordained and contemplated
by the law.
There was another feature in the case which
bad operated upon the mind of the Court
They found in this case the mercenary motive
that always waited upon over-strained ac-
ton. These men had paid Miller SIS. Subse-
quently visit was made to the Office OF the
Clerk Of the Court, where full exposition
.a.e.a; e .A.t .herc could be no mistake about
1t. Miller, with these facts before him, laid
his hands upon the certificates OF citizenship of
these men, and refused to deliver them Until
$50 had been paid him.
Under these circumstances, the Court deemed
it to be its duty to remove Miller, and they
m q in QY1ao Of hio
removal was for exercising extra judicial au-
thOrity.
MURDER OF A CoLoRRD MAN.-On Satur.
men were engaged in gambling in house kept
by Thomas Jefferson, on the block bounded by
18th and f4th and and P streets.
One Of the party, John Brown, as he was
called, who was drunk became very abusive,
Knocked man down, and finally fell upon
him while in that position. The victim of his
violence drew from his pocket q billy and in
hiced an ugly wound on the forehead of
Brown, which so enraged the latter that he
jumped up, and, Selling a stick Of ffrewood, he
made an indiscriminate onslaught upon all
within his reach.
One Of the parties returned, and fired a pis-
tol at him, the ball of which passed Gle an
through his body. Brown was taken to his
Meme, on 4, near Tenth street, where he lin
gered until Sunday morning, when he died.
HIS family consisted Of q wife and one child.
The name OF the person who fired the ia.
ia shotis unknown. Yesterday afternoon Cor
oner Wocdwa held an inquest on the BODY,
at he late residence of the deceased, when the
above facts were ELECTED, and a verdict re-
turned in accordance with the racts above re-
cited
THE DRAFTED MEN.-The following drafted
men reported to the Board OF Enrolment to.
day:
FIRST Sab District.-Richard Lee, over age
Second Sub District-James F. Hoffman, er.
roneous enrolment; John II. Smith, do do