The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-11-02
FIRST EDITION
SUPREME COURT
Judge Read Decides that the
Supreme Court Natu-
ralizqtions are All
Illegal and Void.
He Instructs the Election OFF,
GERS to Reject Them,


Prius, Justice Read upon the bench, William
b. Mann, Esq, attended by number of citi
ems, appeared before the Court and made the
tol owing petition:-
May It please your Honor:-Wlthin very
slo orL time another gentleman Will be sworn
into office as the District Attorney OF THIS
county. wish to devote the remnant or my
official lie 1t is but "A few moments, To the dis.
charge Of a duy that and the gentlemen who
accompany me consider most sacred. lappear
before YOU as the District Attorney OF the
county ,ano with gentlemen, cltlz.ns of THIS
county, ask your opinion i'll regard TO the
nntuIsiizetiOn papels that have purported to
haN @ been ISSUE q from this Court. There is
act of Assembly in this State making IL cTlmt
u al ofeu SO TO issue naturalization paper Win.
out q hearing before court and adjudication
by the proper judge. There Is not single
record in mis- whole DECENTRALIZATION OF such
bearing and adjudication, ana yet there are
thousands of certificates issued from this Court
abI DAD In the community. The election officers
those properly issued by the Presiding Judge
and hose sent out by the Prothonotary aud MS
1ipsiaves. In view OF these facts we have come
10 ASK our Honor to decide upon the legality
OF such proce edings and whether these are or
are not naturalization papers.
The Jus Ice, in reply, said:-This Is subject
i have considered grHvely, and on upon wnicn
held conference Win Two other JuuSes OF lulS
Couri; after which wrote, on the 7Gn of Octo-
bcr letter which expressed the unanimous
opinions of those gentlemen Fearing that Jhere
would he difficulty in regard TO these aturalt-
zalion papers, and anticipating that this very
Irnct ding would take place, L nave written an
opinion upon IL, which now proceed TO read:-
Ihe number Of persons naluralized in the
Court OF Nisi Prlus, from the l3Jn OF september
last 10 the 18th October, 1865 WAS six thousand
eight hundred and tfIy-siS, of which NUMBER
two Ihoussnd eight hundred and seventy. two
were naturalized in the week ending the 81 day
OF October, and OF these seven hundred and
twenty were naturalized in one dey of five
Ey nor sworn by the Judge holding the Court
but The examination and oath were made aud
administered by two or mole t1pstaves, Ia
corner of the court room, or in an adjoining
room. The applicant was not seen py the
Judge, nor by the Protnonotary, VINO attached
he, frNt hn fNnn nUh
by The tipstaves. In Jdct. there lOdS e61nlt1ld
tton at dH What tue Iipstaves uld was To ao-
In nay letter of the 9TH OF October last 1 said
"W all three regard the practice of naturali.
Zstion pursued by the Nisi PfluS no Wever old,
or by whatever judges sanctioned. as contrary
10 the plain worus of the acts OF Congress, and
Is therefore illegal. Naturalization Is u judicial
act and the examination of the applicant and
his witness, or voucher, should oe conducted
by The Judge himself. Sucn was the pracLiceo OF
Judge Agnew wnen President Judge, aud Is
the uniform practice of the District Court of
tie county ofAllegheny;" and is the established
practice in ali The counties beyond the limits OF
: Philadelphia.
My attention has been called to the 10Th Sec
tion of the act OF the 4Jh April, 1855 Tne con-
stilu,ionality of this act was before the chief
Justice at Nlsi Prius. and he called upon us 10
hear the argument aud assist him with our
advice. Two OF US thought the law constitu-
tional. The Chiet Justice was OF opintonltWAs
unconsti utional in several OF It's pr0vIsioas,
in only one of which my brother rong con-
cured. in relation 10 The ten days before cleo
tiOn THIS was the only part OF it which the
Court decided to be UNCONSTITUTIONAL Tolls
st C ion, therefore, which is a separate, in ie.
pendent enactment, is in f1ll force, and is in
these wOrds:-
"If any pro Monetary, clerk, or the deputy Of
eit0er, any other perton. ali stiix tn seal OF
same in blank, WHEREBY may irauoulentiy use /,
Who vi "f ha Sn not bsen dGy sS @
In 'pen court, 10 presence Of some Of me tdses
be '1Si shall e'- be guilty OF hsh mlsds@sas9f;;
Sse any such Of
that u was irapduien'y issued and snail vote r at
deDeanor; aud either or any Of the persons, their
dsrs anS 9s9s y S ee Of hs sed sae @
sum OF exceeding one Thousand dollars md inpri.
ceeding three ) ears
Now 1t is clear that none of the persons to
whom naturalization certihcations we're fur
nished mad ever been duiy eramtned and sworn
IN open Court in presence OF some of the
Judges thereof, decorating TO me act Of Congress.
They were not duly exRmiued-iu fact, not
examined at abby The Judge or the Protno-
notary, nor even by the officiating tipsCaves;
nor were they sworn In open court, IN presence
OF the Judge; nor were the applicant aud his
witn' ss seeu by the Judge or Prothonotary but
The examination, which was never m Ade. aud
the admInIs,ra ion of the oath were intrusGed to
Two tipsIaves, who had no power to examine
or TO administer an oath.
There Is not single feature OF judicial act
In the whole transaction.
Ihe ProthOnOtdTy tOho furnishes SUch certificates
exposes himself TO the penalties cJ The statute, and
The persons using SIch cert UcdteS ana C0tlng or
attempting 10 cote heron render Memsetges liable
1here is dir ecJ evidence OF tue natural effect
of no due examination of the applicant or mis-
witness, in he naturalization of Rebel soldier,
who of course had behaved as a man of good
moral character, attached TO the principles of
the Constitution of the United States, and
well disposed to the good order and happiness
so in certificates granted to men who were
not in the country on the day they bore date;
so In certificates granted 60 pc sons as mtuors,
who had regularly declared their intenti ms;
so where tuere were professional vouchers
who were paid to perjure themselves, one OF
whom by his own ack no wledgment an1 Oath
fals-Iy Vouched for seventy-two persons VINO
were thus fraudulently naJuralized.
The employment as II CLERK, upon the recon-
mendatiOn OF another clerk, OF person VINO
had been convicted OF Issuing forged land war
rants. and the employment of otuer persons in
the office. may account for the blank certIh-
Gates floating about win the seal affixed, To Ue
filled up al the p easure OF the holder.
Taking, therefore. into consideration The illegal
character ct these certificates so distinctly pointed
Out by the uot Of assembly and so severely punished
b its ~ OUiSiG3S Nth e circumstances Of JTdd so
Snst tpurd6ly connected 10 III MeHI can only come
TO conclusion utut the 1OhOie issue is iiegdL
contrary 10 ne act Of Congress, contrary 10 The act
Of Assembly, and should be rejected al The polls
The ProLhonolary is responsible for furnish
Ing such certificates, and the persons VINO at
tempt TO vote on them must face the penalties
OF the tenth section.
Some have COM ended, and with great force,
that the Nisi Prius has no power to naturalize,
but up II this point express no opinion.
The naturalization frauds ia this and other
3 ates show the necessity OF Congress either
comm ing naturalization To the Federal Courts,
the officers of whicn are directly responsible to
the United States; or If the Slate Courts are to
be still permitted To naturalize, the proceedings
should De so guarded by express positive pro-
visions as will render frauds impracticabe.
The act OF Congress OF 1918 Furnishes an ofense
that is often committed. OF making sale or DIS
posing OF any certificate OF citizenship TO any
person other than the person for whom IL was
originally Issued. and TO whom it may of right
belong, by making IL felony, and upon convic-
u0n sentencing the offender to be Imprisoned
and kent to hard labor for a period of not less