The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-11-11
Judge Reads Opinion on TIpstavt
Naturalization Papers.


REPUBLICAN morning contemporary, is at
tackipg the opinion on the tipstsve naturaliza-
tion papers which was delivered by Judge
Read on the ID inst. The only apparent pre-
text for this assault ia the allegation that
Judge Read "uudertook to benefit his party
by wrestling the law awry," and that the party
is, therefore, compelled "to wash its hands of
any completely in his terrible mistake"
Judge Read is abundantly able to vindicate
his own opinions, and needs no defense OF
apology from us. If, however, he had COM
mitted the imputed error of declaring that it
was better that seal wropgtully attached
should not be respected than that it should
be used to perpetrate fraud, the ofense is
scarcely of character to deserve the condem
nation of honest men; and the Republican
party must be at a loss for employment if it
can find no better business than the act OF
washing its hands of imaginary completely in
an attempt to prevent the consummation OF
an infamous Democratic fraud. %
Judge Reads opinion called the attention of
the citizens of Philadelphia to very import
ant fact, in reference to the tipstave naturali-
zation papers, which had not been brought
into prominence by any of the previous dis
cussions. The only defense of the infamous
mode of granting naturalization papers which
was sanctioned by Judges Shsrswood and
Thompson, was that it was in accordance with
the former practice of the Court. 1t was
clearly contrary to the laws of Congress, and
manifest outrage upon the rights of the legal
voters Of the State, and no man attempted 10
defend it on any other ground than that il
was sanctioned by precedent. This shallow
defense, Judge Read demolished. A new and
positive reason for disregarding the old
practice was furnished by his citation OF
the act of Assembly of the 4th of April, 1868,
which forbid, in the most positive terms, the
proceedings which had transpired under the
sanction of Judges Sharsvood and Thompson
If the law had been framed with express
reference to the naturalization misdemeanors
and crimes which have been freely exposed in
the colu mns of The TELEGRAPH, it could not
have been more explicit. We reproduce it
here, that all who are interested in this post
mOrtem examination of ante election election
law opinions may comprehend its full force:-
"If any prothonotary, clerk, or the deputy of
either, or any other person, shall affiX the seal
OF Office to any naturalization paper, or give out
the same In blank, whereby IL may be fraudu-
lently used, or furnish q naturalization cerLi-
hcate to any person who shall not have been
duly examined and sworn in open court, in
pI essence of some of the judges thereof accord
ing TO the act OF Congress, hs shall be guilty of
high misdemeanor; or II any person shall
fraudulently use any such certificate of naIu-
ralization, knowing that IL was fraudulently
Issued, and shall vote or attempt TO vote
| meanoT; and either or any OF the persons,
their aideTs and abettors, guilty of either of
| the mtsdemeanors aforesaid, shall, on convic-
| lion. be hned in sum not exceeding one thou.
sand dollars and Imprisoned in the proper
! penitentiary for q period not exceeding three
| years"
If the section quoted is binding law of the
State of Pennsylvania, as Judge Read declares
1t to be, 1t is impossible to resist the concIu-
sion at which he arrived, that the whole issue
Of tipstave naturalization papers was illegal
and contrary to the act Of Assembly as we'll as
to the act of Congress.
While Judge Read expressed the opinion
that the fraudulent certificates referred ia
"should be rejected at the polls" he issued
no explicit directions requiring that they should
be excluded, and, practically, election officers
were left free to accept or reject the seal of the