The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-10-16
FORTY THOUSAND CITIZENS.
The Naturalization Puzzle Of 1868 I'm
travelled by Judge Freedman.
HIS DECISION IN FULL
Supervisor Davenport's Position Declared
To Be UntenabIe

presented 10 him few days since by Mr. Algernon s.
sullivan behalf OF those citizens who were natural
lied in 1868, and whose papers were required 10 be
delivered TO Mr. John l. Davenport on the ground
that they were INVALID
JUDGE FRxxpxASs OPINION.
The object of these applications Is TO have the record oil
the In this court. .amsins Inc appcans TO
nnnc pro tune Of the fact Of such the
book q The OF the saas
other .hiIs. the following on ia Drsi@i
dry .ppsd IN open court 70 90 admitted citizen Of
his by the to the
proof tina. the oSSrt gave
asa HI: n.i 70 thai aass. Of sourt
sssSs hs his upon written
proofs IL the Gaze and delivered the same to
required; that the clerk there In pursuance Of
s. sa aaiy .sss and subscribed The commonly
oath allegiance and sha. the cesa i;
AGATE evidences the tse. q the adaaies.ion made
.s' ss
1s ssS .sse1 and
index Of naturalization records, which Is one Of
SoS pssrvsd me fs said
s e n
duly nia 20 o.sansnp Of the United states
a.re. sl.miax .es uaas the .s.s Of Congress fsa
.xsu.s nsssrs.A.ion laws tsse. 5424 42s, mas
subject the applicant criminal he saouid
ssuaS such
q ns aS NIT . 20 out an ny n the
minute book Of the court reens the ana
common Appcatons They dEer only IN the
~. 81 s
.na s ~ oa m asr
spscsive .ppcatOus were and granted in accord
y q an s ss s:as
tho officers Of the army and
during The October term Of 1855 but his application
h @ & n %
6tn day Of June. 1853. As additional tact Heinrich
his the certificate Of esisensLp ssaed
to "einSersei i, By s sa,. sSs Or JURISDICTION
question:. arising upon the motions before me are
Been 1s s..d . Ssss Il: District t Attorney s, si
New York or The snpsryisor-u-chisf in Opposition.
tia: they both 10
that they could mot DO 50 WITH
q snis sonsiaso because
conflict can .r:s ss.s r ,ns If
rAdsaon pur.uAnt the constitution q the United
rss .si .ns several having Common law ars
aSn ana sac s:n e
luis power the under
Sos ss soa
sca. !. .s asso
psws X sx r. go pss rsss s
fsIe Of the benefit which mgnt hay derived ftom
IN z. s s
tons Arising theretron. In this have
learned counsel Who In
rliE PownR couRE
II. q As nGa'as Ssass IL nc sas ~
Of .as record nsne p.s the a
ssssio. ssas 81 the Revised s.s.u.es of tho Un.od
ute o. Which sessions 4a4 to rsi.sas pun
part shall be impair the Jurisdiction
f the courts 81 ss 81 e. states % hs &
possesses ample power to eutertsn similar motion S
iav. Of the state but As IN matters OF rasaon
ne Court acts upsss the laws o. tine us'sa %
the st.,ute law Of tho state can DO invoked On the
:. ID amy s
the power sxiss exists :. common lay AMI ss =,
erciss under the This Court belongs TO
4:
w.n s.'. ss an. md Vs.
Company a Daily. SID In those eases WAS held that
:qsi.Sls rroaass s,.Sy :pssiss
msSs 81 aas Proceeding within
D sS 70, shs parpo.. Of j.ss
sn 70 p .Ss seu an
q ne In'sS ssass pre-
process Judgment other ia civil causes In
aasshed or reversed for any defect form but
court .h. proceed and give .cso.aIg rs
without regarding any Of FORM except
n.:s nsss - o. w h. The
.hsreo and such court shall amend every such ee
50 expresses and msy e. any ,Ie permit
pedig such conditions as shall in iss discretion
THIS grant power given In plen.ry form. eu, do
Of the az Sy exist g. 81 ,ns .s
and Jurisdiction to entsrtsn the application and 70 grant
T. has oss aur sas oas no. '0 pern
TO suffer through any delay or mistake o. 4. own
mistakes Of It's "aeer. eGi,ehe.;er vs. G.aas Cow,
49, s'ss a. ssS s.;e ri kSE ss Bank
W. Ainthorns 10 Johns 24i Is only tho rights
S Of snId sn. wiz be
s1 no
u'1s vs. osspsy 81. X a omit inc 10
.ay.hnx IN the premises tina. The s~ s him to
portsncs . call tor . perfection Of tho record.
PRKRgQUIsrrxs TO NATURALIZATION
The alton OF this question the
suetioa q the acts Of coasres IN rsr.rd 70 the
appesat. asG review Of The course and pae-
ties Court in ae,inx under the IN. &C. Of
appI.ssns should declared years least before
Usi.sd state. es. u and that at the lime Of hi.
appis should swear 20 supper, The on OF
and nden.v 70 every foreign prince potsntae state or
essdisas should TO reeordea by sno clerk Csse
10 e. zoe Of ssis Ss . or
from which he came he was, IN addition. required
nobity this renuncisuon had ~ be recorded tho
sa ss Alien .a ss 81 's .n1s he ns
sided within tue United states i've years &e &c
and that during he behaved man OF good
moral character, &C.. &e Csec subd ~ The second
section the act which prescribed form Tor tho
registry OF aliens aesrous Of beconng clsns Of TIE
States had been repealed the act OF May ~,
1923 The third section prescribed that every court Of
record any Individual having au jurts
dictiop aud seal aud clerk should be
district within the meaning ~ snid
act every alien Who mght have been naturalxed in
ANY should enjoy the rights aud privileges
"A II Le had been allied district circuit
cuurt Of tne United states BY the act Of July
IL, 1861, 10 further proviaed that any alis n.
OF ths age Of twsnty-ons years anu upward shswing
honorable dischAf.e from the army OF the United
states residence u one year within the United states
70 his appcso and good mora CHARACTER
should be admit proof Of thas facts without
any decz alton VI his intention to become citi
RECORDS.
Those all provisions force In the year 1868
which will b, necessary 30 consider They have since
time without material change INTO
Revised Statutes Of tue United states FROM them y
will DO that the Gully record required to be Kept ~
moving the declaration OF hteaon tbs oatn 70
support constitution United rtstes anu the
foreign Juis ieon aud title or order u
nobility No provision existed tben exists now except
stated - the Judge presiding over Tue
should proceed ~ satisfy himself oil the fuhimen oi
the conditions pescrioed aud no prov was mAde LOT
the OF the oral proofs given or the aes