The New York herald., 1878-10-11
THE NATURALIZATION MUDDLE..
Effort to Prove the Validity Of the Al
legged Bogus Certificates.
ALGERNON s. SOLLlvANS ARGUMENT.
Questions that Involve the Citizenship Of Fifty
Thousand Men and Women.

The question Of the legality naturalization papers.
which recently 50 prominently brought before
the public by john l. Davenport, Chief Supervisor
Of Elections, the object Of which Was ~ alleged, 10
disfrancniss some forty atty thousand voters In
this oiIy before Judge Freedman, yesterday In
the Superior Court, Special Term. ON motions In
three brought by Mr. Algernon sullivan.
M Davenport, as Will bs remembered, objected to
certain books kept In the Naturalization
Bureau insufhc,ent proof Of the proper naturaza-
Sion Of the persons named IN them. Proceedings
were accordingly taken to have tho decision Of
judge In Chambers the points raised by the super
visor's objection. MIR. sullivan, although notice had
been served on tho United States District Attorney,
was The solo representative IN court 10 fight Tho
battle in this important legal controversy.
Mr.. sullivan. 10 opening his argument, said:-"rhe
motions are to have the record OF the proceedings
persons TO bo admitted citizens of the United States
perfected BY entry thereof in the book OF
the COURT Each promovcnt duly applied TO be adj
mittsd citizen OF the United States in open court
on iull preliminary compliance with the United
States STATUTE took the required oa,hs supported
by tue necessary, and, 10 the Court satisfactory
proeG BY witnesses sworn IN open court Inc Court
gave judgment to admits each Of these personR 10 ct
zensnp, and the Officiating judge gave his order
initials Of his name upon the written and oath estod
proofs tho cssc and handed The to the clerk,
with directions 10 do all that the law rcqGircd
THE OATH OF ALLEGIANCE.
'.This In court, end then and thcre the CLERK
administered TO each OF said parties the oath,
monty called rhe oath OF allegiance. required by
law, and the applicants look the oath and
In the ioi affidavit AT the time ana place
clerk, under the seal OF the COurl,
duly adjudged citizens certificate that the Court
had 20 adjudged In their behalf respectively. Tho
olerk received from tho Court said papers sna,'
acted thereon BY administering the 'oath Of al
lsganse' ana esr.irying TO the Judgment, then en-
d0rssd and nled The papers and mat among tho
court records, as part thereof. aud entered the
sach proceeding in book OF index oi naturalizsd
citixtua That book is one Of several books OF ike
character regularly kept and permanently preserved
among the records OF the CLERKS office. The pro-
movents always believed ana been ADVISED that
thS pr0cssuiny and judgment above rsciieu secured
and admitted them cIizsnship the United Slatex
Recently, however, the supervisor IN ChIst OF Esc.
tions in this district, under the act Of Congress-
demanded from promovents possession OF ihcir
certnculss ot naturalization, under threat criminal
ms ira. saia proc.eaIncs ana Iuasmsnt IN tn;s
court are nullity and that said parss are not ci
oi The United stAssa He thrsatsns 70 enforce
penalties against them crmInaly if they attcmpt
vote ~ the next election. Tho only ground ei such
allegation threat is that there Is NO legal record
OF said Judgment admitting 10 cistzenship In other
words, that clerk Qid write entry IN
Sumo minute book OF sho OF said proceeding
judgment
"rhe questions presented on these motions are:-
isss ,has he should have donsf Sscond-Ls sucn
omission, any operative 10 prevent tho efficacy Of
rnirafS there be defect In sara rssoras is cura.
bio oy an order TO make tho proper order nunc pro
..rns law prescribing tho manner Of na,uraiza.op is
In sections Los 10 l52 inclusive Revised Statutes
OF the Unmed stass Section leo Is divided into six
paragraphs The hrss prsscribes tne declaration OF
ntsntion TO become oitlxon. rns second preseriDss
ths OF ailsgiAnoe which shall be taken and ,his
shall be by the clerk Of the court The
paragraph. winch prescribes what fdcts on SAID ap
plcAIon shall bo established to the sattsacti0n vi
Court AND BY what evidence s silent ~ ~ record
being necessary. -Ns4#U
$50 lar as record 10 directed BY this statute or re-
CURED BY prsscripnve usage IN common law courts,
question stn remains What manner OF record ts
rquirsdr The answer 20 this query will dsterm,ns
the pending motions. Record, defined In the old
books memorial remembrance rolls OF parch-
msnt OF the proceedings and acts OF court OF justice
course OF tie conno law, OF real or mixed
actions, &c, &C, winch we call courts OF record
date. Il Is . creature or usasa Our statues con-
tain provsioas tho subject. There Is nothing
10 show that tne only form or preserving memorial
or OF the procs sedings OF cours
10 IN entry IN = minute book 80 called. THIS Court
has mAas NO rules in respect thereto There Is no
Law 10 prohibit the clerk from keeping q sop
arats piece OF paper his memorial Of svery proceed
ting and not OF COURT Nor Is there any law pre-
such memorial The object ana purpose is 10 have
. memorial and this object being reached, the
maDner and form cease 70 have Importance In tho
absence 81 statutory directions tho clerks discretion
10 the place and shape o the record unless
the Court shall give positvo rules IN relation
thereto"
Mr. sullivan then went on 70 say.-"Our motion
u DOT 10 supply record where bons exists, but TO
give fuller expression IN existing record " iaot
appearing BY tho Court records-nainely, tho adjud
OF she Coufs IN proceeding tbut properly
before IL Tbs iact that The record OF naturAIzatLpn
proceedings Tor period OF about thirty sfn
lar TO tho record exhibited these cases should DO
considered by the Court decision IN tnesc viii de-
ssrmns the validuy Of claims TO citixonshp OF moIe
than nity Thousand aud about 'nvo thou
sand women. Ths t,tlss OF real estate valued a.
hundrsas o millions Of dollars Will be affected BY
ths decision. II the meu ana women who hold or
have held aud conveyed property aliens the Law
Of New York 10 tnat they cannot hold convey real
estate and what Is Of equal Importance these persons
not entitled to The franchise OF eiLsensnp Of sne
United states with all ITS privileges They are not
surjsct allegiance 10 tho Uniled Staies will DO
esy believed they posssssed, again ~ the allegiance
OF tnsir native sovorsgus whose allegiance they have
hitherto supposed tnsy nad oncs tor all rsnounced"
ADsESCx OF THE UNfrsD STATES DISTRICT ATTORNEY.
haviag thus spoken At isugtn upon the Quesioos
invovcd Mr. sullivan briefly referred to the absence
port saying that no ielt u his duty we'll o
tory thut no should inform them Of this application
thor presence In court that they might
sugg0st whntcvor consideration OF Law iact thcy
deemed proper but these officials, although concur
Ing with Biu, Gotdea MIN that they dd not deem IL
consistent with their obligations appear taKs
part In tbe proceedings
A. the conclusion vi the argument Of counsel Judge
Freedman took tho papers, ressrving ns decision.