New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-10-29
NATURALIZATION FRAUDS.
JUDGE BENEDICT's CHARGE TO THE GRAND
JURY-THE PENALTY OF FORCING NAIO-
REALIZATION CERTIFICATEs-THE DUTY VI
a. ~

Judge Benedict delivered, yes erdaY' !" '
United States Circuit Court Room the following oh" 80 "
the Grand Jury:
GENTLEMEN OF THE GRAND JURY The duties OF
Grand Jnror in Court Of the United States do nov amer
I'm their nature from those imposed upon Grahu 'uio
in Court OF State with which you may DO ali presume"
to be reasonably familiar You are char9eu WIN VI" '
OF Investigating into ofronses WHEN may nave ooon .
mtted within this Dstrictho southern DstrIc'oi NO"
Vr IN order that such ocnses II any there be- may DO
brought before the Court and there receive the punish
80, mitch tina law imposes. Your organization is SINH
Lar q, mat in the Courts OF the State Your foreman Is
onpointed by the Court he IL authorized 10 aus'e'
oahs you have power TO send for persons ana phpoe
a. examine witnesses Sixteen of yOnr number are ne
cessary TO form quorum IL are necessary 10 nhd Dill
You will be attended by the Dstrict-Attorney ana
furnished with such witnesses may be necessary
and I'm your room devote your attention TO
such oIenses as may be brought to your notice
by the Court Although the nature OF your duties
as grand jury Of tho United States ia essentially the
same as of State jury. yet your duties dier III
character. grand jury OF the United states are cacd
upon to enforce only the laws Of the United States ana
not the laws of the State And therefore, you are called
upon to examine only into violation of the laws OF Con-
gress you have no Jurisdiction in reference to the viola
on OF the laws OF the State of NewYOk but you have
coc,zauce of a violations OF the laws OF the United
States such violations being liable to Indictment ana
These ofenses TO violations OF the statute law;
such only criminal ocnscs under our form OF govern
nlcnt punishable in the Courts OF the uWteu ntales.
They are grave important; they touch often the most
vital interests Of society; they require your care
they must must under the laws OF tho United
States, one class relates TO the Post once G
department which is organized under the National GOV
crlncnt. Violations OF the laws relative To tho I0st
Office therefore punished only here You are caileu
upon to investigate the subject OF 20 seo
whether there have been any violations OF them you
fnd any such volaonsto have been committee ~ n, Is
your duty TO indic the person the offender hat me ne @
he punished according To the law OF TINS court me lHWs
relating TO counterieng likewise come umuer you,
currency which is provided for by the laws OF INC ueu
sates Therefore tie countereitnG Of the common cur
rency OF the land, which formerly was an oncJ t Cr
able in the State courts. is now an o1rnse p
the most part In the courts OF the United StateS
making. forging c0uhteTielns 1i tne class
United States the bonds Of the United aN
81 91"Se s1ot tn' nvG must be- considered by H.
sill another class Of oenses are those arising unuer n
revenue lawsmp0gtant laws. laws that concern 800
INTEREST i'm socety laws that must DO enforced LOT uPo
their enforcement depends the payment OF llo % ~
upon the public debt They are laws w!lich can oy %
enforced by the Courts and sorry 10 say that ~
seems IL they could only DO enforced Dy ,o IN
years to Indicate that mere pco9nay IssS na
fines do not snhSe ~ by the action OF
grand iurie that those laws must De obeyeu 10 inc Gnu
that tie taxes may be equally by all persons IN
, Immunity and not confined not paid by those alone
who desire obey the laws Tho frauds upon mo ~
variety They have been perpetrated IN this District
with AN immunity beyond, lapPrehend the Conception
Of anybody. Ii cannot DO allowed 70 exist The
ute of things In this District In reference TO the revenue
law endaugers tho welfare OF society. Ihe law Jaw
must be enforced. 1t be enforced only through inc
action OF grand jurIes for, under the constitution OF te
United States tile offender must DO indicted by the grhn
jury before he is put on trial commit, Ihersiote,
yonr custody those great and important laws, that you
may Investigate and declare by your action whether
any. and, what persons are engaged 0, nave pee
engaged in violating the revenue laws OF tho united
States that they may be brought before TINS coni., anu
receive their proper punishment The District Attorney
informs me also that lie intends 10 present 10 Your CON
ht That Y,poses upon this Court the duty OF call
Ing your attention to them 1t Is On oiense against ue
Unied States, and therefore comes before YOU rms Is
The subject of the violation OF the laws OF the United
States which intended to regulate the naturalization
| times 81 uotcal excitement, because such times
| furnish the greatest temptation to this class OF
or Guilty Of criminal ocuses against tho United States
be subjected heavy punishment is proper that tho
subject be understood that those II there be- who
engaged In violating or any attempt 70 Vioiate then
may he fully apprsed OF the oonsequeheC5 ~ you are
ship OF the United States belongs to the National Govern
limited states therefore are the only laws which declare
under what circumstance and by what formalues this
Great right TO be called citizen Of United States"
Shall be imposed upon foreigner The statutes Of the
United States that Z" II any alien shall appear before
Court of Record aud apply 20 be admitted 70 citizenship
he may be admitted by such court bis making proof
Of certain facts This proof is to be made Ia open court
the person before it be entitled to 10 citizen and
thereupon declares HIM admitted as SUCH certificate
under the seal OF tho court, signed by tho Clerk
aud setting forth the fact that the applicant
has been duly naturalzed, proof thereof il issued TO
the applicant and constitutes evidence OF his right to
ctlzegship These procedure 0n wil observe are re-
The acts solemn judicial acts aud Tery time Judge
Of any court admits alien to be citizen OF the United
under his oath office that he is satisfied from evidence
produced before him, that the person scadmted 10
citizenship Is entitled by law thereto Arising as those
proceedings do under the laws Of the United Sates and
required be taken in court they should properly take
place In OF the United states alone. But Congress-
desiring doubtless To afford tho greatest facilities To
who wish TO become citizens OF the United states
on account OF tho small number Of Courts Of tho United
States and tho difficulty OF access 10 them, has permitted
those proceedings 10 bo taken out only In Court OF tho
"A
aud seal under which permission the practice has
apply 20 the State Courts, aud, this locality the
issuing Of u certificate OF naturalization from the
United States Court u OF very rare occurrence.
But although taken the most part as they are in the
State Courts, these important proceedings left
wholly unprotected by the laws OF the United States
an examination OF some OF these laws viii show. The
act the first act to which desre to call your
attention. You will have before you, and You VIA
that this statute provides that II any shall false
y make forge, or counterfeit OF cause procure TO be
evidence OF citizenship lac shall bc adudged guilty Of
felony. and upon conviction, liable To imprisonment In
State prison at hard labor for period of not less
three years ana not more tah nVe years or subjected
10 "a fine mentioned In the Statute. You are, therefore,
as Grand Jury Of the United States CHARGED with tho
inquiry whether any alte forged or counterfeit owl
dences OF citizenship have been ISSUED In this district and
II they are, by whomi And 1t will he your duty to in
diet all such persons VINO have themselves
executed procured the execution Of such false papers
whole instrument should BE- fictitious; 1t may DO fraud.
uent insertion erasure OF Dry material portion OF tho
nature a false instrument, real signature TO
false Instrument constitutes this crime Again, the same
any false certificate Of citizenship, such per
ron shall he adudged guilty Of felony" Thus IL appears
that II there are any false certificates OF citizenship IN
existence the persons using them liable To ndct
mcut and imprisonment AZ hard labor upon convection
for period not less than three and not than five
years. And IT will be part OF your duty 10
Investigate whether any such papers have been
passed, uttered, used true by any per
son and, II used. 10 iBdict that person.
once more yOu will note thar In proceeding to grant
naturalization the court Is required to act judCOusy
upon the application Of person who must DE present
before the court The person applying Whatever
he may assume is the person admitted, and other per
son is admitted To this person aOno II this certificate
10 DO issued aud subsequent sale transfer Of the
certificate unlawful. The words Of the act are, all
make. SELL dispose OF any certificate OF citizenship