The New York herald., 1878-12-05
NATURALIZED ALIENS.

AN ARGUMENT BEFORE JUDGE BLATcHFoRD ON
PEG OF FOR THE LAWYERS TO HANG CASE
oN-THE LEGALITY OF THE 1868 NATURALI-
zATIONs TO BE TESTED.
An argument heard yesterday in the United
States Circuit Court, before Judge Blatchforl the
case of the United States the relation OF Peter
Coleman against Louis +. Payn, United States Mar
shal for the Southern District Of New York and the
same against John !. Davenport. United States Com
missioner Mr. Elery Anderson addressed the Court
for the relaor and after stating the fact Of the i'm
prisonment Of Coleman in Ludlow Street JAIL for al
legged violation OF election laws claimed the discharge
of Coleman on the following three grounds:--
First because, under the affidavit Of stephen Moher
& M m 70 no s !" Issue
Jail second because the charge made against the relator
on Of any statute Of the United states the penalty Of i'm
gal evidence whatever before Davenport
the relator had been guilty Of any crime
Judge Blatchford interposed at this point and said
he was satisfied that Coleman had not wilfully or
knowingly done any wrong, and that he was ready to
discharge him ut once.
United States District Attorney Woodford said that
he lad arrived at that conclusion days ago, and
was ready to request the discharge Of the prisoner
lie and the counsel on the other side unwilling
to this from the jurisdiction Of the
Court because they were desirous of having His
Honors decision the legality of the papers OF 1863
DAvESPoRr's ACTION HELD TO BE ILLEGAL.
Mr.; Anderson then proceeded with his argument,
which occupied the greater part of the day. and in
which he laid down the following points,
frst-commissioner Dasenport acquired Jurisdiction
Of Stephen MosIer dos not ese
the reator Peter Coleman with the commission Of any
TIdSrhe aiiJayit Of stephen Mosher not charge
sr or the and
therefore charges no crime within tlis staSute;
crime lss been committed i saaigsn,
FVMoshers affidavit is totally void for the want Of
siro-Ths charge against the reator upon which
he committed not charge Of crime for which the
sere"hrhe sections quoted from the statutes declare
certain nets 20 be and define with precision the acts
question concerning the mere regaary Of the proceedings
are issued reasonably conended that
wa OF h y to az sn s h
applicant had no control
- III Ss + and
%rs sss iss judges t the and
Tss1fhe csrdeals issued Peter Coleman issued
under which he charged with crime passed
le act far defines crimes
for which previous the passage OF the the eator
s to ss aso sosa
the proceedings in the Superior Court r. as contended
BY the prosecution this act intended 70 declare crime and
certificate reason Of previous irregulaes IN the
which, before its passage, had been lawful and impose
penalty for acts which, previous to Its passage could not
have been punished.
Etescah-Decisons applicable to the suciency of the
Il person offering the record certificate,
application criminal proceeding, where the burden Of
proof the prosecution.
TaeJft--Knowedge that the certificate unawfully
issued has not been proved against the prisoner
Ttirt.esNo argument justly be- made in respect to
the relator's right to be naturazed
WHAT CONSTITUTES NATURALIZATION.
Mr. Woodford followed on behalf OF the govern
ment and stated what legislation had been had
ralzaton from 1876 to 1872 and said that he wished
that the admission Of an alien to citizenship was a
judicial act which possessed all the attributes OF
Judgment in q litigaed 1t could not be
impeached or even questioned in any collat-
to s, ,419 Of the Revised Statutes. He claimed Also
naturalization must be the act Of court and Of
q court that had been authorized by statute to natu
ralize aliens. That the evidence submitted to the
court for the purpose of admitting to citizenship
be legal evidence that the act of 1902 required
that the declaration of intention must be upon OATH
upon affirmation; that he must renounce his al
legiance to his former citizenship and that he had
that the applicant person Of good moral character
and that this must be supported by Judicial test
mony; that the proceedings OF the Judgment
and the admission by the court must appear
evidence known to the law OF what a had DONE
In referring to the particular Of Coleman Mr..
Woodford said that the clerk Of court had busi-
ness to certify as to what was or what not the
judgment of . court; his duty simply TO certify
Of the records OF the Court. That in the present in
there not the scintilla of record of the
naturalization of Coleman. ~ there was not of hum
dreds OF other OF admission to citizen
ship in the year 1868.
Mr.. s. b. Clarke then followed for the government
and after his address the Court adjourned until this
morning ut eleven O'Clock, when Mr.. Wingate will
reply for the relator