The New York herald., 1869-03-10
UNITED STATES SUPREME COURT.

Fraudulent Certificates Of Naturalization
Construction nnd Application Of the Act Of
1S13-Power OF Congress Over the SUBJ
ject. In Aid Of State Legislafion-Fedcra
Jurisdiction To Punisl-Case OF Rosenberg.
Tne United States rs. Benjamin b. Rosenberg
The defendant In this case Is charged with having
forged or counterfeited or caused TO be forged
or counterfeted five certificates Of evidences
OF citizenship, contrary and in violation OF section
thirteen OF the act OF March, lsis respecting seamen
ON board public and private vessels of the United
states which reads a. follows:--.That II any person
shall falsely make forge, counterfeit,
procure be falsely made. forged or counterfeited
any certificate or evidence OF citizenship referred to
I'm this act shall pass UTTER or use Gs true any
false, forged counterfeted certificate Of citizen
ship; shall make sale or dispose OF any certificate
OF citizenship any person, other adult person for
whom IL was originally issued, and to whom 1t may
Of right belong every saen person snall @ be deemed
Circuit Court for the Southern District Of New York.
and on subsequent motion TO quasn the following
questions arose, on which the Court were divided IN
opinion. and they were certified to this Court
rawhe,hs, necessary under the thirteenth section
Of csnsp or the evidence Of men ,ns
toned produced TO the commander OF public Of
Seoas-whssher the cescsie Of cssnsSp or the evi.
dencs Of mentioned the section referred % sm
q the act Of mentioned the second section
70 fourth nth and sixth sections Of the scss
Th,d-whether the indictment l. invalid, for the reason
ssssnssip ss mentioned mi one 10 the ,SssnsS re- s.cion
On behalf OF the defendant 1t Is argued tnat IL Is
not crime within the act 70 forge, alter or dispose
ana for the purposes therein provided against; and
that the indictment does not set forth sucn acert-
fcate such facts constitute crime unuer
that statute. The offence charged was unknown
to the common law and was created solely
by the act. The mischief the act intended
10 prevent was the employment OF aliens
on board the public or private vessels OF the United
States provided such aliens were subjects OF govern
ments which prohibited the employment OF our citi-
yens for simIar purposes IL was however the policy
OF our laws 70 permit the employ yment as seamen,
&c. OF naturalized citizens a. freely as II they were
native born; and as such employment might be en-.
tered into az distance from the place OF naturaliza-
ton or under such circumstances Of haste other
wise that inspection Of the record oi naturalixa,
tion might be inconvcnient or impossible. II became
necessary to provide means OF proving the fact OF
naturalization without the production or examina-
ton of the original record Hence the act provides
that this may be done BY producing certined copy
thereof This oct OF naturalization II the judicial
record thereof and that consists Of oflcia entres
udlcialy made by court cf record OF the facts con-
etitutin9 naturalization, which are the declaration OF
the alien his oath, proof Of residence for the period
OF Ave years and Of good moral character certi.
ned cory OF the record being proof Of naturaiIza
tion, II was declared crime foree such copy, or
Inc certificate to use whereby the mischief
could be committed. The mischief 10 be
prevented was the employment OF certain
Aliens on board the public or private vessels OF
the governments Those who by forgery or BY other