The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-29
THE REGISTRATION Law.
Interesting Correspondence Between the Dis
trict Attorney and Henry Il. Davies, Ex.
Judge Of the Court Of Appeals.


Interesting Correspondence Between the Dis
trict Attorney ind Henry Il. Davies, En-.
Judge Of the Court Of Appeals.
CITY AND COUNTY OF NEW YORK;
DISTRICT ATTORNEYS OFFICE, Oct. "a, 1865.
Ny DEAR SIR:--My Official opinion mas been asked
upon the following question las 1t is repeated the
opinion 1t Is here omitted).
prefer, AZ have been an active partisan during
the canvass TO be guided by the professional opinion
OF who, like yourself is aloof from politics and
whose calm JUDGMENT ought not 60 De questioned.
obedient servant, A. Oakley HALL
HENRY 4. DAVIES.
OPINION or JUDGE DAVIES.
149 BROADWAY, NEW YORK, Oct. IS 1868.
A. Oakley HALL
DEAR sIR-Your note OF Yesterday requests my
opinion upon the following question, viz:--
II naturaized who before board Of reg
ICY as ni a OF az sSr
tfcate Of naturalization from court of competent jursdc
ia the Identical named in said certificate what such
win be the eg. effect upon said board Of said certn
fer said ssetor respecting his right have his
rights 10 said inscription exsu
Before proceeding TO the consideration OF the
question, is needfnl to refer to the existing pro-
Section / OF the Act Of 1865 declares that the
Board, after Its organization, sa then proceed to
make q list Of all persons qualified and entitled
to vote at the ensuing election in the election district
Of which they are Inspectors
Section OF the same act also declares that
sany person not born In the United States, apply
ing to have his name placed the registry, shall
prove that he ls citizen Of the United states by
producing certificate OF naturalization from o
court OF competent Jurisdiction; shall any proof
Of his being citizen be received unless he shall first
show to the satisfaction Of the Board OF Registry that
be Is unable to produce such certificate"
The act OF 1863 Is ainendatory and supplementary
Section OF this act declares that no person shall
be placed such register IL he shall be objected
by one OF the inspectors or by qualified voter Of the
unless he shall be known or proved to The satisac,
ton OF SUCH inspectors to be al the time Qualified
voter OF such election district; nor shall the name OF
any person be placed retained on such register
without the concurrence Of three OF the four inspec
tors nor except in case of compliance with section
hereOf.v
No person born out OF the United States shall be
placed on such register, unless he snail, to tue per-
duly naturalized, or shall prove his naturalization
as provided IN the act hereby amended. (Such pro-
visions are found In section four OF the act Of 1865
as foows:--"And any person not born in the United
States, applying 10 have his name placed on tile
registry shall prove that he IS citizen OF the United
States by producing certificate OF naturalization
from court OF competent Jurisdiction. Nor shall
any other proof OF his being citizen be received
unless he shall rst show, to tho satisfaction OF the
BoardIOf Registry that he Is unable to produce such
certificae.'D
When the question is raised upon the naturaliza-
ton OF person proof shall be made to the sasiac-
ton Of the inspectors, by his oath or otherwise,
that the person claiming TO be placed on the register
~ the Identical person named in the certificate he
produces.
Section seven OF the act OF 1866 declares that ain
the cities OF New York and Brooklyn the name OF no
shall appear in person before the said inspectors and
prove to their satisfaction his right TO vote at the
next election In the election district in which he
claims the right to vote.n
OPINION.
Firsf.-ff three Inspectors have personal know
ledge that the applicant has been duly nauralizci,
Il IL their clear and imperative duty 10 register his
NAME If he possesses the other requisite qualifica-
tions.
Second.--If they have not such knowledge, then
the right Of the applicant TO be registered Is TO be es
tablisned in the following manner:-l. BY the pro-
duction OF certificate Of naturalization issued 70
the applicant by court Of competent jurisdiction,
unable to produce such certificate, then the Board
are to be satisfied by other proof land the oath OF the
applicant should be taken p7in,a Tcte, sufficeni
evidence that the applicant has been duly natural
ICED by q court Of competent jurisdiction.
Third, Tho production OF the record Of the court,
the court and generally known as certificate OF
naturalization, Is conclusive evidence OF the facts
therein stated and also conclusive evidence that all
the preliIninaries required by law TO establish q
right to naturalization have been compiled with.
This was adj judged by the Court Of Appeals In this
2o3; and In stark vs. Chesapeake insurance Compa-
ny, Cranch, 42o; Richie W.. Putnam, 10 Wend.,
ga; Spratt vs.. Spratt, Peters, 1893.
FOurU.--It follows that where the applicant pro-
duces the record OF the court establishing the TACT
Of HIS naturalization the only Inquiries open ana re-
naming for the Board TO make, and upon which
they are to be satisfied. are, l. Is the record pro-
duced the actual record issued to the applicant by
court competent OF jurisdiction, and y In the appi.
cant the real person described In the record or Ger.
tilcate, and upon whose right TO citizenship the
Court has adjudicated9
II these facts established to the satisfaction OF
the inspectors they have no legal right 70 refuse W