The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-10-10

ever upon reHection to pursue the same prac-
tice had always followed In the District Court,
not from any the slightest want of confidence
In Colonel Snowden, but 1 thought would feel
better satisfied II gave such personal snpervi;;
doing. acted accordingly.
There was one other difference. but in which
thought the practice here was decided i'm
provement. l observed that the oath adminis-
tered to petitioners as minors. instead Of being
we're true," recited particularly the facts set
forth In them. l took occasion TO express my
the policy or ex pedenoy of changing this prac
tice of so many years standing by substituting
one accom- panied with more tormaliIy anu
delay, IL is unnecessary that should now exs
press sny opinion. II any plan can be adopted
by which the naturalization of foreigners can
be spread ratably over the whoie year, instead
of n1De- tenths of II being crowded into the few
weeks before the election, 1t would undoubt-
euly be ar Improvement. Even then, appre-
he nd it would be found a very serious Interrupt
lloD and i'm pedimeDJ To the other business OF
the courts, II IL were required that the judge
should personally examine every petitioner
and his voucher. during which time
all other pleas must OF necessity cease.
tried in one of our courts, / do not know
how long; but IL was abandoned because
regard to the rights of other suitors. But how
ever this may be, IL Is plain that any such
least nine months before an election, so that all
persons entitled may take measures accord
ingly. TO spring IL upon the community on
the eve of such an event would work the gross
est injustice. BY the delays 1t would occasion
IL would very much lncr ease the crowd in aud
at the doors OF tue court room: there would be
clamor and struggling for precedence, which
could not well DO prevented or restrained. II
arranged in line IL would require the peti.
tioners and their vouchers 10 wait In attend
ance perhaps several days before their turns
would come. Laborng men would thus lose
valuable time which they could i'll afford; and
IL would be o practical deuial of the right to
hundreds Of men fully and justly entitled to 1t
under the laws OF the land.
1t may be that among so many cases there
are instances OF fraud, perjury. and false per.
would tend TO prevent these crimes. Every
day IL al sat. except during the first 1--WE weeks,
when the applications were comparatively few,
rejected many petitions. In severallDstances
l specially examined the petitioner and his
voucher on oath, ifanytning appeared doubtful
or suspicious In the papers. That very large
number have been naturalized is true. but not
more, think, than was to be- expected. In
every election preceding Presidential cleo
tion, which remem ber, except 1854. the mum.
Der has been large. In the fall of 1856. twelve
years ago, more than five thousand persons
Since then the yearly influx of foreign
ers has been very great. But there exist
nj uch greater on this han on any former oc-
casion. During the war naturalization almost
entirely ceased: 1his is he hrst Presidential
election since Its close 70 that there Is In fact
nearly the arrivals of eight years, which nave
been held back. Remarked. In examining the
declarations, how very large q number there
were who might have been naturalized prior to
1854. There is another cause for q very GO nsid.
passed an act allowing any honorabfy dis
charged soldier to be naLuralized on one years
residence, and without any previous declara-
ton. think that during the month
l sat at Nisi Prius 1 examined almost as
many cases of discharges rs OF declarations OF
parade numbers as evidence OF frauds or ire
gularities. II there Is any impression among
that the wRole process of naturalization has
been conducted by the ProthonOtary without
loose and unusual manner, it will De seen from
this statement that 1t Is entirely without
i have thus disposed of this case so far as the
rule on the Prothonotary is concerned. order
1t TO be discharged. But nave not forgotten
that The main object with which this inVesiga-
t1on " as commenced was to discover by whom
and how these forged papers, II they did come
from this office, were obtained, In order that
the guilty parties might be discovered ami
punished. The first application TO me on the
part of the Common eaith was for an attach.
ment, or bencn-warrant, as 1t was termed,
against John Devine, In whose possession tney
weIe fond, In order that he might be COM
PEELED to disclose how they came into his pos
session. thought 10 very clear that, under the
act Of Congress before referred TO. had no
rule was issued on the Prothonotary, by whicn
the power OF the Court could oe used to compel
sons, SO that the perpetrators OF this great
crime might be discovered and brought to that
condign punishment winch they so well de.
serve. / said would award writ of ha6eas
corpus al teStiicanduns to bring up Devine from
prison, but that he ought to have counsel present
10 advise with and instruct MIN as TO mis- rights
as q witness. No application. however, was
bicn was sstnqde " October isss Il now sS.
pears that Devine was discharged from prison
that same night The committing magistrate
duced and we have no evidence as to who went
his bail. Devine himself says that he does not
know. l must confess should have been bet
ter satisfied If the bail had been brought before
me TO be examined as q witness. No subpoena
was taken out sgsSst Dyne ON
Court met at II O'Clock N. on that day. accord
Ing 10 adjournment. motion was made for q
affidavit was presented. would have
allowed time, however, to prepare them,
being sue gested, however, that Devine was pre-
sent in Court. directed his name to be called.
He answered and appeared. On his subsequent
examination he said that he he'd come OF his
own accord, without suggestion or advice from
anybody, because he understood from what ne
tried. think 1t somewhat remarkable that
this man, upon whose person these blank certi-
opportunity, II he was guilty, TO fly from justice.
or 10 avoid appearing AZ witness In this case.
Being without counsel. ne was carefully IN
he had right 10 decline TO answer any question
which would ell her criminate or Tend 10 crimi-
nate himself He submitted 10 answer, and did,
TO all appearance, answer every question
fully. see no reason whatever 10 dOuot the
truth of his testimony IL was clear, consistent
consistent with itself No contradiction has
been attempted TO be pointed out. No man, /
think, Can entertain the belief Tor a moment
that he (Jobn DeVine) either stole these blanks
out OF The office or forged the names The pre-.
sumption IN the hIsJ instance undoubtedly is
that they were in his pos session for an unlawful
and guilty purpose. 1 do not believe, on the
evidence, however, that he knew that these
papers were III his possession or, at all events,
what they were. Nor do believe That they
were given 10 him or put in his poeket for eiec,
lion purposes. The man or men who would
commit the crime OF purloining and forging
them, would not select such an agent TO consum-
male il. l have come 10 the conclusion,
alter full examination and Weighing