The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-12-05
rErER coIEviN.s cI1Isr,suJp.
Ioti,ied 20 his Liberty. hat HcmaIning - PrtA-
Ouer 60 Decide Sega, Fotn,

Judge Blatchiord sat pationily, Yesterday,
whio tho lawyers talked tc him for six hours
ON the qu,eton of tho legality of the nnturnli-
2atipn papers issued ly the Superior Court in
1868, upon which Mr. Davenport has issued
several thousand warrants Of arrest and ~ ut
some men in prison since election day. The
special caso under consideration was that Il
Peter Coleman. committed by Mr. Davenport IN
the charge Of registering A. Il voter on n natu-
rali1atnn certificate issued by tho Superior
Court in 1868. knowing tho hamo to have been
unlawfully issued and made.
Judge Blatchford decided promptly tina, there
was nothing to show Colcmans guilty knowl-
edge. and WIS ready TO discharge him instantly.
The lawyers. however. desired that hc should
remain in custody. so That Judge Blatchiord
could decide on the legality Of the 1863 papers.
Coleman obliRinglv consented to romnin in
prison for that pufp6se in order 10 avoid tho
trouble to tho lawyers Of preparing new case
involving the same question. Even District At.
torncy Woodford agreed that the arrest Of Cole
man would not Justify his Indictment md that
II indicted. no would probably be acquitted by q
jury. Coy. Woodiord did suggest that the Court
should hold Coleman under another section OF
the Revised Statutes. Judge Dlatchford. how
and said he would only consider tho warrant
upon which Coleman WAS actually in custody.
iacts ot the ciH" showing that Coleman had re
ceivcd his certificate from the Superior Court
that he offered himself for registry that he
produced his ccEtiiicntc. dated October, 1865
that he was challenged and took the statutory
ooaths that the only book ken! In the Superior
Court ~ record il the Naturalization In
deK. in which appears the following:
. paic-oct u. l-,S. Nsmo-c ccloman 1nini Peter. Na.
Wisnrss-Dwsin Edward. Romark. .-iso water n \
That in this book 95l other persons are GU
tered similarly ~ nuiuraiized on the same day.
Othvr agreed iactA aio the aifdAvits ot Coleman
and his witnes and the subsequent methods of
kenping the records oi tho court
l.. 4. Anderson spoke several hours in sup
port OF tho position that Mr. paveuport hnd no
jurisdiction to issue the warrant Tor Coleman 4
arrest; that the charge WIS not crime for
which Coleman could bc imprisoned. and that
here WAS no legal evidence that Coleman had
boen guilty OF any crime. He contended that II
canned reasonably Ice argued that IL WIS the in.
tentidn OF the Legislature to brand m criminal
mere irrcEulatity or omission of procedure
over which tho applicant had no control a. al
the cour'e nro the s0le Judges 81 tho suii'iency
- lu'lI own rotptbs' nbd lhN the record oi
O"emhhs naturalization II q cumpluto and sui
hfIient r@.ri ol al The procesiings.
that tho admission OF u man TO citizenship ~ a
ludicinl act which possc sscs All the ntial at-
tributes Of Judgment in litigated ca~rs. thnt IA
Ia essential thAt tho court should ~ hriorn any
record can l." mad" by my Clprk of "a court .
evidence suhmittri 10 "a court for the purposr
~ admitting u auHn 10 citizenship must be- legal
.Nldrntc. Su'l us VIII satisfy the court TINT all
lU'. liTlNIlt i4fNA pl INV nave Di'fI conn .lrN
with. The proceedings of tho Judgment - al
mission 10y the court must appear on the record
Alr. Noodtord argued that non" oi the forms OF
law had boen n complied with IN the case ut Colo
man; that tho court hHd not acted IN legal
way; that the record did not show the produn-
ton ot any legal evidence. tho hct thHt the
mind OF thc Court had been properly acting or
that the proceedings OF natural illtlLn wcrr In
any way according 90 law. In the course Of his
argument Mr. Moodior'i spoke of the natural
" ton certificate OF Coleman Us tho act Of -
clerk.
DO you call that the act OF a ccrk 2" Judge
Blatchiorl ASKED holding the naturai iztiion
certificate OF Coleman in his hand That Is
the uct Of a court.
beg your Honor will not form a judicial
opinion until havo concluded" Mr.. MOodford
replied.