The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-03
NATURALIZATION IN PHILADELPHIA.

-
Branch of the Supreme Court Declared Com
| trary 10 Acts of Congress and of the State
of PENNSYLVANIA and ShoIld BE Rejected
ut the PoiIs
| Yesterday morning. in Philadelphia, in the SUI
| preme Court at Nisi Prius Justice Read upon the
bench, william b. Mann, attended by number
of citizens appeared before the Court and made
| the following petition =
| NAY 1T PLEASE YOUR HoNoR:-withln very
| short time another gentleman will be sworn into
| ONCE as the District Attorney OF this county.
| wish to devote the remnant OF my ofnc'al life,
| il is but q few moments, 10 the discharge
| OF a duty that / and the gentlemen who
| accompany me consider most sacred. appear
before You as the District Attorney ofthe county and
| with gentlemen citizens Of this county, TO ask your
opinion in regard to the naturalization papers that
have purported to have been issued rom tns court
There is act or Assembly IN this state making IL
| criminal offence TO issue Naturalization paper
without a hearing before court and adjudicatlon
by the proper Judge. There Is not single record IN
this whole naturalization Of such hearing and adjudi
cation and yet there Thousands OF certificates Is
sued from this court abroad in the community the
election officers are totally unable to discriminate
| between those properly issued by the presiding
uofe anu anose sen. oua p Sosa e ws nave come
to ask your Honor to decide upon the legality OF
such proceedings and whether these are or are not
The Justice IN reply said:-This is a subject have
considered grayely, and one upon which ned con.
ference with TWO other judges OF this court ater
which wrote, the 18th Of october, letter which
expressed the unanimous opinions OF those gehtle-
gard to these naturalization papers and anticipating
that this very proceeding would take place, nave
written an opinion # RfS
in the Court Of Nisi Prus from the 18th Of sepem
Der last to the 18th OF October, 1858, was $3.50, OF
| which number 2,S72 were naturaliZed In the week
ending the Sd day OF October and OF these 72o were
naturalized in one day OF 1--WE hours. These per.
| examination and oath were made and
administered by two or more tipstaves in corner
l NJ no adjoining ~
| plicant not seen by the Judge nor by the Pro-
| monetary. who attached his name to the papers
when brought to him by the tipstaves. In fact there
| was no examination at ALL What the tpstaves did
was administer the oaths. In my letter OF the 7th
practice OF naturalization pursued by the Nisi Prus
| however OLD or by whatever judges sanctioned as
and is therefore illegal. Naturalization Is judicial
act, and the examination OF the applicant and his
witness or voucher should be conducted by the Judge
! himself. Such was the practice OF Judge Agnew
when President Judge, and is the uniform practice
of the District Court Of the county OF Allegheny"
and is the established practice In oil the counties be-
| yond the limits of Philadelphia.
My attention has been called to the tenth section
of the act OF the 4th April 1858. The constitution
atty OF this act before the Chief Justice at Nis
Prlus, and he called upon us to hear the argument
ana assist MN WIN our ADVICE; Two OF ns thought
opinion 1t was unconstitutional In several OF its pro-
| visions, in only one of which my brother Strong
ton. This was the only part of it which the Court
decided to be unconstitutional This section there
IN full force, and is in these words:-
any prothonotay, clerk the deputy of either
other person shall aS the seal Of Once to any nstraza
rauueny used or furnish naturalization certificate t9
sworn ih in open court in presence the judges
thereof according 70 The &C; Of Congress he shall be guilty
use any such certificate Knowing that Il
;:; IS "a (: 5
be fined in sum not exceedng and Imprisoned in the
Now, it is clear that none OF the persons to whom
naturalization certiiicatons were furnished had ever
been duly examined and sworn IN open court In pre-
sence some OF the judges thereof according to the
act of Congress. They were not duly exaIoined in
fact not examined at all by the Judge OF the protho
were they sworn IN open court In presence of the
Judge, nor were the applicant and his witness seen
by the Judge or Protnonotary but the examination
the oath intrusted to two tipstaves who had no
power to examine or to administer an oath;
net in the whole transaction. The pro-
thonotary who furnishes such certificates
the persons using such certificates and voting or at
tempting to vote thereon render themselves liable to
be punished to the utmost limit OF the law There Ii
direct evidence OF the natural erect OF due exam
nation of the applicant or his Witness IN the natr
haved as man OF good moral character, attached to
| the principles Of the constitution OF the United
States and well disposed TO the good order and hap
So in certificates granted to men who were not IN
the country the day they bore date; so in certth
Saa rsgaafy declared .neT 30
| where there were professional vouchers who
whom BY yA his own acKnowiedsmen and oath falsely
1 vouched for seventy.two persons who were thus
@ of ee, o.
1 person who had been convicted OF issuing forged
land warrants, and the employment OF other persons
In the oilce may account for the blank certificates
floating about with the seal afixed, To be Tiled up ut
! the pleasure Of the holder.
character OF these certificates, 80 distinctly pointed
by the act Of Assembly and so severely punished
m with em can ~ ong
come to one conclusion, that the whole issue Ii
Illegal contrary to the act Of Congress contrary to
Ing such oertncates and the persons who attempt
| section. Some have contended, and with great
force that the Nisi Prlus has power to nauraze;
l but upon this point express no opinion
The naturalization frauds In this and other States
show the necessity OF Congress either combining natu
radiation to the federal courts the officers Of which
the State courts are TO be still permitted to natural
ize the proceedings should be 80 guarded by express
positive provisions as will render frauds imprac-
ticable The act OF Congress OF 1918 Furnishes an Of
| fence that Is often committed. OF making sale or
dsposing Of any certificate Of citizenship to any
person 6ther than the person for whom it was
Originally issued, and to whom II may OF right
belong By making Il reony and upon co nT
to hard labor for period Of not less than three
more than five years. or be fined In sum not less
than $500 nor more than 600 at the discretion OF
the court. -*.t
In view Of the whole matter make the following
order;-
And now. November O. 1868, 1t ia ordered that no
more aliens shall be naturalized In this court.
SINCE writing the above ! ind that indictments
have been found against and acquisitions have been
made for persons holding high official stations In O
sister state; and that the Grand Jury on saturday
last made very startling statement. as follows:-
The Jury have had before them evidence Of the de-
lberae organization In day In this and neighborng
es OF bands men having right 10 vote at election
our city for the purpose and repeatedly voting
der a.suhed names preventing legal voters from
ois,ng their rights The fraud bad been carried 70 such
o.ten 10 earnestly demand the efforts Of
Ali GOOD citizens aud all parties detect punish
10 The extent OF The law all uich criminals.
lam native OF this city and have lived here
seventy one years, but never before did hear Of
such outrageous hiehhanded acts OF lawessness ps
we're said 70 have been perpetraed In this city on
| the 18th OF last month am determined that rhese
people from neghboring cities shall not COME here
rohf In t.oiA