The New York herald., 1879-01-03
Judge Blatchford's Decision.


The decision rendered yesterday in the
United States Circuit Court in Coleman's
case not only disposes of that case but pre-
cludes any future controversy respecting
the validity Of naturalization papers OBJ
tanned by tho same method and recorded in
the same form. The principle of the deci-
sion is that if an alien, having the proper
qualification of residence, appears in
court of record, offers the prescribed
legal proofs, takes the required oaths and
thereupon by the direction of the Judge
receives certificate Of naturalization,
that certificate cannot be invalidated
by the subsequent failure or omission of
the Court in making proper record Of the
transaction. The validity of the certificate
depends on perfect compliance with all the
requirements of the law up to the point of
time when the certificate is given him.
That makes him a citizen. A neglect Of
duty or slovenly performance of duty by
an officer Of the Court afterward caunot de-
stroy or impair the right which he has thus
acquired. It might with as much reason
he contended that marriage is null be-
cause the clergyman who performed the
ceremony and gave the certificate failed to
comply with some statute requiring him to
keep a record or make return to some
registering officer.
Judge Blatchford further decides that
there is nothing in the naturalization laws
which requires the record to be kept in any
An fory 10 iapt
which the Court may see fit to adopt. The
so-called naturalization index" of our
Superior Court, having been the only form
for long series of years, and under many
different judges. is to be accepted as q
compliance with the law. The fact that
there is no recorded order Of the Court re-
quiring the record of naturalization
to be kept in that manner is held
by Judge Blatchford to be of no conse-
quence. The very fact that the records
were SO kept in that Court for fifteen years
and under nineteen different judges is
equivalent to an order that they be kept in
that manner, and ''shows that what was
kept and done was q record and the record. )"
Between fifty and sixty thousand aliens
were naturalized in the same form as Cole
man, and their certificates are to be re-
carded as valid unless it can be proved that
their holders never appeared in court
or never took the proper oaths, or
failed to comply with other require
ments which are preliminary to the
granting of certificate of naturaliza-
ton. Judge Blatchford does not dispute
that there may be such cases, and says it is
to be presumed that the Superior Court
would revoke such certificates on proper
but proved.
Mr.. Davenport having been overruled at
every point in case selected by himself as
a test will probably be in no haste to risk o
similar defeat again.
The RegimentaI Teams and the Scot
etish-Amcricnns Tonight.
Probably the finest athletic meeting
America will havc ever seen commences
tonight at Gilmore's Garden. The thou
sands who attended the first annual meet
ing of the New York Athletic Club Inst
winter will not forget the keen interest it
awakened, and especially the intense rivalry
aroused between the "tug OF war" teams Of
the Scottish-Amoricans and the police,
followed up Immediately as it was by the
police athletic meeting itself For the va
rious events of the present meeting there
are already upward of two hundred entries,
including many of our best known athletes,
while in the "tug of war" there will be o
sharp struggle for the championship be-
tween the Seventh regiment men and teams
from America, England, Scotland, ireland
and Germany, and also the Ninth regiment
team. The sparring and other features
which at some of the meetings last year
proved Objectionable have been carefully
excluded from the programme and the hi0h