The New York herald., 1868-10-21
su2-,ll c0vaT-spsclL TsRM.
Important QHcstion nRd Decision ia Naturali-
xs;iaa-~THe sliqhs az Discharged Sailors Of
the United states Navy 90 Citizenship.
Before Judge McCunn.

Important Question ana Decision ia Naturali-
xa;ioa-~Tae .iiahs ef Discharged Sailors Of
the United states Navy 20 Citizenship.
Before Judge Mccunn.
III ne batter Qr fie Application OF James Stetrort
II oe NaturGltzea as C'ttsca Or me JRted states
on ne 6ro1nd hat he Selve1 Three Years Il, the
Uafted aates Nary D'trii,g ne Far.-Judge McCunn
yesterday rendered at Special Term the following
Important and at the same time highly interesting
opinion upon the right OF honoraby discharged sea-
o. the United states Navy 10 the privileges Of
ciiizenship;--
The petitioner furnishes satisfactory proof Of good
moral Character OF one wears residence within the
United states previous to tie present application
and that he il of the age Of tWenty-onc years and
upwards lie shows further BY soInnerent and aur
1cent evidence that ne regularly enlisted in the
united states Navy; that ne served in the navy as
an enlisted man ana that lie was honorably dis
charged from The service OF the United states The
question is do these facts bring hi5 within the
provisions OF section II, OF the act OF Congress ap-
aaton by virtue OF that statntcy Perhaps the case
is not within the strict letter OF the law for is words
OF the United S,atos.'' The navy. 60 nom
sae, not being mentioned. In the absence
oil an express adjudication OF the point, the doubt
must be resolved by reason alone. In the construc
ton OF statute these two considerations OF con-
law. second, The general scope and import OF all
its provisions.
j. The policy on which the enactment in question
proceeds Is, that those who have enlisted in the
lnnary service Of the country aud have endured It's
privalOns and perils by that fact both attest their
patriotism and establish claim 70 be admitted to
the PRIVILEGES OF citizenship. Possibly, too in con-
ferrlng this distinction the military service the
federal legislature intended II in the nature OF q
bounty 10 encourage enlistment. In this aspect of
The law, as regards its rea on and policy there
he no discrimination between tie army ana navy or
II there be any, the latter has the greater CLAIM TO
public recognition and gratitude in proper
lion as Its service involves greater sacrifice
and danger. The presumption cannot be for a
moment entertained, that Congress deliberately de-
signed TO exclude the seaman from the boon con-
Al vel tnn
was the result OF inaGvcrtence the Court should
repair the omission by generous construction. But,
secondly, discover no such omission. on the con-
HTary, am persuaded, from a comprehensive view
OF the statute, the Congress understood they had
employed terms sufficiently apt to designate the
navy as the object OF this particular bounty. The
word Is not army:'' the plural number used and
II Is enacted that those who have enlisted &C., In
the ''armies- OF the United States shall &c. Army
ls a word OF very general significatlon analogous
and equivalent to military service and perhaps Of
Itself would embrace persons employed in the navy
when we speak or the military power OF n country
we Intend well its seamen its soldiers
Its naval well as its land forces. In its
eiymoiogy. the word army denotes ''mea in armes,-
whether ashore or anoat; and historically, we know
that not until & comparatively recent period In any
country was the navy distinguished as a separate
and independent establishment. Indeed, even now,
only in some special cases and when particular APP
pHsaion IL designed do men speakxof the army as
distinguished from the navy. The term in law IAN
qGage IL gegsefdtfssinlUs1. aud includes the
navy except its meaning be restricted in the par
flcu4ar instance. Tia. the army, technically and
exclusively, not intended by this statute Is evil
deht from the employment OF the plural noun
@artecs.s And this construction ie strengthened By
the subsequent p,rase--'such person having been
bGnorahy discharged from the service OF the United
Staics.' Altogether ] entertain no doubt but the
progs,ars or this statute embrace the navy as well
as tue army ard snall admit Tie petitioner to ma
tafslz.EloD, as well rs all Others IN ike case.