The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-25

diBDOJ6 OF 1OfKeu papers OIL eActpt
for the purpose and In the therein mentonedf
and, secondly, yea what facts must be set forth In
he indictment TO constitute crme within the mean
ting OF that secti0nS That section read -
Thatf any person shall falsely make forge counterfeit
cause pressure 70 be falsely made, forged or counter
or is 1'sss
than the ps.on FOR whom originally is;asd and
Sss% a and .auasss ss
In considering the first inquiry It was proper TO
say that the offence mentioned IN that section
solely by statute. 1t was to that statute therefore,
that they should refer TO ascertain lis meaning.
what mischief was intended 70 be prevented BY It's
the effort to perpetrate, in the actual perpetra-
ton. OF the mischief sought TO be prevented. The
quite apparent not only from the title OF
the act but from Its entire text They would
find that great embarrassment would arise from the
extension OF tho provisions OF the act beyond the
cases mentioned IN 1t. What was the mischief
sought TO be preventedf The mischief was the en-
vessels OF the United States, except such aliens
are subject to governments reciprocatng tho same
privileged to citizens OF the United states. What
facts were essential 10 be rected In the indictment
To constitute crime within the meaning or the
statutes certified copy OF the record purpOrt-
the Collector OF Customs should look ut or that the
commander OF public vessel should look 81. He
should examine sunicently to be satisfied that the
person presenting II was an actually naturalized
citizen. The President might prescribe other regu-
atIons. The object was to guard against the EN-
pOymeDt OF aliens on board OF puOlic or private
vessels or the United States. There was provision
upon provision guard upon guard TO interpose
against TINS denounced act the employment of
Aliens on board American vessels What was the
meaning OF the word "evIdence," used In the thir-
teenth section, as distinguished from the word seer
tifcatesn The Collector was authorized to hear
evidence rs to the aenship aiienship OF The
party. The only acts denounced as offences I'm the
body OF the act OF Congress were efforts 10 procure
employment by aliens by means OF false or forged
certificates OF naturalization, or by means OF false
evidence tending TO establish the facts. lie should
undertake TO demonstrate that h the thirteenth Sec
was to have broader operation than to punish
the acts referred to that operation was not In con-
temptation OF It's trainers, and that the offence to
which 1t WAS now sought to DO applied was not
known to tS trainers and was not then existent. IL
would be giving to that section migratory opera
ton travelling along for over nalf century and ap
plying offences which were not At all In the con-
temptation Of its trainers and could not have BEEN
II had been the policy or the government Of that
OF the public private vessels OF the United States
for several reasons; one OF which was that 1t re-
moved the excuse or pretence for the search OF
American vessels by the armed vessels OF other
nations. II was equally the policy Of the government
to encourage the employment OF is citizens. whether
native born or natnralzed; and therefore Congress
had declared that The production OF the certificate
or naturalization would be Drnla tIcs evidence OF
the party being naturalized citizen. This was
matter OF convenience, because man naiuralized
In New. York might be required In Philadelphia to
prove his citizenship. The certificate was not the
act OF naturalization The judicial record of natural
zatiOn consisted Of Of1lcal entries made by court
OF record and peKetuay kept upon its records.
That judicial record was OF vital consequence, while
q certified copy OF 1t was Of no consequence except
for purposes OF the act. What facts were declared
In the judicial record OF naturalization and what
judicial record set forth the declaration OF intention
to become citizen; the Oatn to support the consti-
tuition and tho proof or residence. This WAS under
the act OF 1916, which proviued that the PROOF OF
residence must be made out by the oath affirma-
ton OF citizens OF the United States, who should be
named III the record as witnesses. That statute had
been construed 70 mean that two witnesses were
necessary, and unless their names appeared in
rae rei0 soa ns ~ % 70 ce mat
Therefore, unless the certified copy OF the record also
contained the names OF the witnesses, It would he
no proof OF citizenship under which aliens could be
employed as seamen. The purpose OF the act being
to confne employment on board OF public or private
citizens and the proof OF that being the judicial rec
ord II was declared TO be crime to forge copy OF
that record 1t would be therefore no crime to pro-
duce paper which, on its face, did not show that
the party presenting It was naturalized. Az well
might all the other essentials OF the act OF naturaiza
ton be omitted the names OF the witnesses to res
idence. The only which the statute provided for
certified copy OF the act OF naturalization for
the purpose OF procuring employment on board OF
American vessels. No statute existing at that time
or since, authorized any 0tner use to be
made OF the certificate for any legal purpose.
That he submitted, disposed Of The whole question.
Tho trainers OF the statute were not dealing with
any other question than the one which he had de-
scribed. me subject Of the employment OF seamen
was especially within tho power OF Congress for tine
purpose OF regulating commerce. II any other sub
ieci had been In contemplation OF Congress why had
II not turned Its attention TO the subject Of prohibit
ing fraudulent naturalization itselff In the first
place, Congress probably never supposed such an
offence to be possible. In the second place, naturali-
zaton was conducted In The State courts, and each
STATE had the means Of Furnishing false personation
or other fraudulent means OF procuring naturaZa-
non sn' snereiore be iaGy ASSUMED that q
Congress authorized certificates OF naturali1a-
ton to be used, so II would punish Its abuse
in reference TO that one purpose and that alone.
If IL should turn out the trial OF the cause not
only that the person forging the certificate did not
intend 1t for the purposG Of procuring employment
for person board an American vessel but that he
had forged II FOR the purpose OF procuring that alien
employment ~ coachman with gentleman who
had prejudice against all but United States clti.
zens would the prosecution claim that that was an
offence punishable under the statute OF 1887 They
would hardly go 80 FAR as that; and yet there
paralleSm between the cases. IL was sought by the
prosecution to extend the thirteenth section or the
act OF 1913 70 the protection VI state. II was an
effort seek the assistance OF the federal judiciary
and OF the federal laws 10 protect the purity
tions In the State OF New York, which had made
pie provision for its own protection la tie statute OF
May 10, 1885, amended April rs, 1850
Judge Nelson asked Mr.. Stoughton 10 state whether,
under section four OF the act OF 1913 the President
has made any regulations on the subject
Mr.. Stoughion replied that he had not examined
the matter and was unable to answer the question.
e men ne on ~ " isar ea
pose, TO cases OF y different character arising IN
1885, and which ore provided for by the State laws
His understanding Of The statute OF 1913 confined it
to cases where persons undertook to misuse certin
Gates OF citizenship for the purpose Of procuring
employment on board Of American vessels
that being tho only purpose for which
they could be az the time used at all.
lie supposed that the forging OF certificate purport
ing ~ naturaliza native born citizenswoud not be
q crime. Laws did not manufacture crime out Of
immaterial acts SO II person were TO amuse him.
self in making certificates OF naturalization Of dct
tivus persons could not be crime under the act
Of lsi3 because fictitious persons could not use
them. II his friend MIR. OG0rman, should sell
to his friend, Judge Davies, certificate OF natu
raization would that be crime under the statute
Certainly not The crime consisted Ia attempting
ciothe with the privileges Of citizenship person not
entitled to them.
Judge Nelson-Do you understand the act OF 1913
To DO now practically In operation In the navy
Mr.. Stoughton-I do not understand II TO be prsc
tcally in operation at 81.
Judge Eeison--Are officers Of the navy subject to
the penalties prescribed IN tho act II they receive
Aliens on board without evidence OF naturalization
Mr.. Stoughton--It has never happened to me to
hear OF such a case. When my attention was called
20 Tie act supposed II TO be substantially obsolete
whether 1t has been changed by regulations or bas
grown into dIsuse In consequence of the absurdity
% Its provisions AZ applied to commercial operations
or today nc knew not
Mr.. Pierrepont-If your Honors refer TO section