The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1868-11-20
ELECTION FRAUDS.

above result.
ELECTION FRAUDS.
Charge of Judge Sherman to the
Special Grand Jury.
lEI Pdblish herewith ID iub, tBelcbarye
OF Judge Sherman to Che Special Grand
Jury, in Cleveland, ,.on EaesdsE-the lOth-of-
November. Itryill repay careful parusal.
Gentlemen ct'tks Grand .''iry:
Though specially convened as a Grand
Jury for the district, there is nG special OBJ
ct tOsNhich your attention viii be called,
or your labors be devoted. Your enquiry
win be directed to the investigation of all
crimes and ofsnsss That are declared such
by the various laws of Congress. These
laws will be before you, and you VIII pro-
ceed with your iHgestigatians in the modes
usual with Grand Juiies. What your par.
ticular duties and functions are it is scarcely
necessary for me to enumerate. They are
the same IN ibis court as IN The State and
county, and if is y be presurped that with
gentlemsn Of your Positions and Intelligence
that you are familiar with the funcgiohs o.
Grand Juries and with the powers the law
confeIs upon you. Your Organizatiou is
similsr to that of the State courts; your fore
man is appointed by the court and is your
presiding officer Sixteen is necessary TO
form a quorum, and twelve necessary to fHd
a bill. You have power to call for persons
and papers, and examine witnesses. You
are authorised to enforce only the laws of the
United States, aud not the laws of the State
of Ohio. You have no jGrisd ciion in refer
eDce TO the violation of the laws of the Safe
Of Ohio, and only to such offenses as are
created as such by the statues of the United
States.
Those acts of Congress, and the crimes
defnsble and punishable under them, are
bhmerous and importsnt, and require your
careful and patient study and examination.
Among them would call your attention TO
the act of Congress, Furnishing smuggling
and also regulating vessels, both steam and
sail vessels, navigating Lake Erie and its
waters, Both are impOrtant-one guarding
the revenue of the United States. and the
other providing for the lives and SAFETY Of
passengers and persons employed upon the
vessels. There is good reason to bel.eve
that both acts are frequently violated, but
under circumstances that make detection az
most impossible. Ifcases involving charges
sgainst persons violating these laws come
before you l invite ur careful enquiry,
and if guilty, prompt pres seutment.
Another act of Congress is very frequent
ly violated. 1t is the one against counter
| fitting the currency of the country Under
the present laws and system, we have no
paper currency, except that issued by the
/ general government, aud hence the duty de-
wolves entirely upon the United States Of
ficers to prosecute and bring to punishment
offenders of this description. To do so the
| grand i1ry of this court must examine and
enquire into the facts OF each case and pass
upon the guilt or innocence of the party
charged. A crime of such frequent occur
renee and the power to bring to punishment
the offenders being now exclusively in the
Federal Court, makes it incumbent in you
to be peculiarly diligent and searching il
your inquiries and presentments of this
kind.
There is another class of laws more fire.
queutly violated than an other, and these
are the internal revenue laws. These laws
affect every class and interest Of community
and must be enforced, for upon their enforce
ment depends the payment of the public
debt incurred for a just and righteous object.
The penal provisions of these laws can only
be enforced by this court and too frequently.
am sorry to say, grand juries are called
upUu " uthc anu lni6 CDuEl
to punish as criminals, persons offending
these laws. Parties violating these laws
must understand that the laws must be
obeyed, so that the taxes may be borne
1 equally BY all, and not confined TO t. ose
alone who voluntarily obey the laws.
My attention, as well as yours and the
public, has been called to the alleged viola
| tion of the laws of the United States that
were enacted to regulate the naturalization
| of aliens. In view of the political excitement,
which 1t is to be hoped is now passed, the
| temptations to violate these laws have been
great. The administration Of those laws has
undoubtedly been loose and careless. They
may hsYe been imperfectly understood, and
have been badly and wrongly administered.
In the Constitution of the United States,
among the exclusive powers delegated to
| Congress, was the one ''to establish uni
form rule of naturalization This power
was first exercised by an act of Cor gress,
approved by Washington in 1880. Again in
I795 and 1888 it was exercised in an act ap-
| pi owed by President Adams.
In 1902 an act was passed and approved
Fby President Jefferson, Tepealing former
laws aud making provision for naturalization
of aliens, which, With the exception of some
non.important changes, is the law now In
force, and the law under which all courts de-
rive their power and jurisdiction TO act The
statutes of the United States have heretofore
| had but little application to the ordinary af-
1 fairs and business Of the citizens of the
States. Happily, the general government
and its powers and charters have hardly been
felt or seen by our citizens in their private
and business pursuits, but we have only
known it by its happy results of making US
prosperous and powerful nation, and the
security and protection it guaranteed to the
person and property of every citizen. To
consequence of this state of things, an inti-
mate knowledge of the laws of the United
States is not possessed By the best lawyers
and most intelligent judges of the State
Courts, and to this may be charged the fact
that the naturalization laws have been SO
badly and loosely administered in the State
courts.
Aliens, as have remarked, are permitted
to become naturalized citizens only by vir-
tue of acts of Congress. The States have no
such power Such proceedings, arising as
they do, under acts Of Congress, should
properly take place only in a court of the
4 United States. But Congress, for Wike par
poses, on account of the small number ol
United States courts, and difficulty of &C
| CCoe " NuOUI duA ~
to all proper persons who wish to become
citizens BY naturalization, has permitted pro-
ceedings for that purpose to be carried on in
certain State courts, in addition to United
States courts. But that State court, Con.
gress provides, aust be a court Of record
having a common law jurisdiction, and 8
seal and clerk. Where then State court
exercises this power, it acts by virtue Of the
power conferred upon it by the laws of Cyn-
gress-it administers the laws under the
power and authority Of The general govern
ment, aud is bound 70 know and follow ths
provi ions of the statutes. 1t is not compel
led, and it is not obligatory upon it to ex.
) ecute the laws of Congress, and therefore
when It does undertake to administer those
laws, ard entertain proceeding to natural.
ixs an alien, it is to be presumed that sucF
court is fully advised and acquainted will
the provisions of the laws, and is as respOn.
sible for its ACTS under those laws as are the
! United States Courts ~ a.
: By reference TO the act Of 1902, you viii
find that it provides that, if an alien shall
appear before proper court of record anc
!. apply to be aduitted to the right of citizen
! ship, he may be admitted by such court up
on making proof Of prior declaration of in
tention, that he has resided in the United
, States five years, that he is a man of gooC
moral character, attached to the principles o
the constitution of the United StatssS Sc
de- Congress intendsd by these provision