The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-29
NEW YORK CITY.
THE COURTS.
dMTtD STATES CIRCUIT COUaT-caIAISAL snakcH.
Swearing the Grand Jury-The Suage'a
Charge.

opened Yesterday morning at eleven O'Clock, by Judg
Benedict. United states District Attorney Samuel q
Courtney was In attendance. As II was known tina
his Honor would charge the Grand Jury upon som
Of the more important points OF the laws OF tn
United States for the alleged violation OF which
various ways the calendar presents goodly ARA
OF persons charged, the court room was crowde
with SPECTATORS
The Grand Jury being called and sworn BY Com
missioner stilwe assistant clerk OF the court, hi
Honor named Charles Van wyck as the foreman an
proceeded with hts charge:-
GENTLEMEN OF THE GRAND JuRY-The duties Of
Grand Jury in the Courts of the United States do no
dluer In their nature and form from those impose
on Grand Jures in the courts Of the State. witt
which 1t must be presumed you are REASONABLY
familiar. You are charged with the duty OF inyesti
cation INTO onences which may have been com
Inlteo within the southern District OF New York. IL
order that such offences, II any there be- may be
Drought before the courts and there receive the pun
ton here Is Similar ' to o arand aes
the State courts-your foreman Is appointed
BY the Court He has power to admins.
for anu and pape1s Sixteen Of s your
number are necessary to form quorum and twelve
Attorney and with such witnesses as may be neces.
sary. You Will in your room devote your attention
to such offences as may be brought before your no
ties is very similar to those OF grand juries In the
State courts, yet they diner In character in this.
lures Oh courts u Uult6u SLol69
only called on to enforce the laws OF the United
States and the laws OF the State you called
TO examine only into violations Of the laws OF Con.
eress. You have no jurisdiction with ref.
erence to the violation OF the laws or
the State OF New York. The class OF ofYences
that shall be brought before you must consist OF vio
lations OF the statute law. Such only are criminal
offences, under our form Of government and punish
able In the courts OF the United States. They are
very important and touch the most vital interests OF
society and need at your hands q careful patient
and Impartial investigation.
One class OF these offences relates to the Post once
Department. which Is organized under the national
government, You will be called OIL to investigate
into charges Of violation OF the Post once law and
II you md any violations OF that law to have been
committed, It Will be your duty to indct the parties
so oenolng that they may be punished according to
law on this class Of cases.
CouNTERFETrINa.
The law relating to counterfeiting may likewise
come under your notice, because the government il
is provided for by the laws OF the United States
Therefore counterfeiting the common currency OF
ane land which hitherto was punishable In the state
punishable In the courts OF the United States.
VIOLATION OF THE REVENUE LAWS.
Still another class OF offences are those coming
, the Revenue law-a most important lava
law touching every interest IN society law upon
VIII, whose , enforcement depends the payment Of
law touching. this class OF offences can
only be enforced by the of the United States
made to understand by the action OF the Grand Jury
that the law must be obeyed to the end that the
ttA05 VI Tile MUST De borne equally by all
persons in the community, and NOT alone by those
who wish and are always ready TO obey tie law
The frauds committed on the revenue by the evasion
Of the law are NEUTRALITY-SUSPICIOUS. in amount and
exclusive in tie variety OF infracions. Frauds have
been PERFORATED In the district with an I'm
PSSIny beyond !, the conception Of
must and shall be enforced but it can
only be enforced through the action of the Grand
oreader is entitled TO be presented to the Grand
Jury before being put on his trial. commit. gen.
Ilemen, therefore, this great and important law to
you that you may 30 declare whenever 1t Is shown
that any person or persons are or have been en-
gagged ia violating the revenue laws OF the United
states that they may be thereupon brought before
this Court ana receive the proper punishment for
their crimes
THE NATURALIZATION LAWS OF THs UNITED STATES
THE DUTY OF TIE GRAND JURY RELATING
The United states District Attorney also informs
another class OF offences that imposes on this Court
duty, and 60 these, gentlemen, call your special
the United Is s an 0de anS the aw
properly before you in your capacity as
Grand Jurors. rcfer now to the violation Of the
Jaws OF the United states which intended regu
late the naturalization OF Aliens AT all times an
important consideration. IL is especially In time
OF popular excitement, such time furnishes the
greatest temptation to this class OF offences. All
persons found guilty OF violating this law are guilty
Of criminal offence against the United States and
The law this subject be understood, 80 that
Inose-H any such there be--who are engaged In
violating or Intent on violating the law NAV be fully
apprised OF the consequence. The power OF confer
ring on an alien the rights OF citizenship under
Tue constitution belongs to the national gov.
The ' laws Of the United sia a i there
lore, are the only laws which declare under
ss ~ ana ny wno,e " I'M
states shall be conferred on foreigners The statute
declares that II any alien shall appear
10 citizenship he shall be admitted by such court
making proof OF certain facts. These proofs are
70 be made In open court, and the court on such
application and production OF proof adludges the
person before 1t TO be entitled to be citizen and
therefore declares him admitted as such. The oertl
cate under the seal OF the court signed by the clerk
Of the court setting forth the fact that the applicant
mas been duly uatrralized, which certificate Il issued
10 the applicant and that Is the evidence Of his right
10 citizenship. These proceedings are required by
tue laws or the United States 10 be In open court,
and the acis which confer naturalization are solemn
judicial acts: and every time Judge OF any court
admits an alien 20 be citizen he declares, In the
presence Of his fellow men and with all the soicm-
mites OF his oath Of ONCE that he IL satisfied from
all the evidence produced before him that the person
admitted to citizenship 10 entitled By law thereto
These proceedings, arising under tho laws OF the
United states required 10 10 taken In the courts
Of the United states one. But Congress, desiring
aord greater facilities TO persons DESTROYS OF be-
coming citizens, on account OF the small number OF
courts OF the United states and the difficulty OF
access TO them In many OF the States, saw ut 70
permit that these proceedings should be taken not
State court OF record having clerk and seal.
This has opened the State courts 10 Gil applicants,
and In this district the issuance or certificates OF
from the United states comparatively
rare occurrence; but taken as for the most part
they are, In the state courts, these important pro.
ceedings are not lett wholly unprotected by the laws
OF the United States, as an examination OF the stat
utes viii SHOW.
me aci o. the 18TH OF March, 1918, ia the first
statute to which desire TO call your attention. You
Will have IL before you, gentlemen and YOU viii .
carefully examine the provisions OF the statute.
InG ieafheu Judge then read 10 the Grand jury
the thirteen.h section OF the act under which the
proceedings Ia the case of the United States ve.
Rosenberg are conducted, and which must be SO
familiar ~ our readers from our report VI that
~ 70 render 10 unnecessary TO quote here.
Ills Honor then proceeded-iou, therefore, gentle
men, a. Grand Jurors, are charged 10 inquire
whether any false fraudulent counterfeit certId.
Gates evidences OF citizenship have been issued in
this district and II so, by whom. And II will DO
your duty TO ndict oil such persons and all persons
who have caused or procured the Issuance
Q. suca false papers, &c. You will bear IN
mind gentlemen, that IL Is not requisite that the
Nnoe INSTRUMENT must be misunderstanding
fra dulcrs Insertion, alteration or erasure IN any
important lart VI true document tue application
or ialse signature " q true instrument or real