The New York herald., 1879-01-03
Judge Blatchford's Decision on the
Disputed 1863 Papers.
TIE PETER COLEMAN CASE.
Commissioner Davenport Rebuked and the
Defendant Sustained.


habeas corpus proceedings. in which there
gument lasting several days.
THE DECISION.
After preliminary recital Of tho facts of the case.
already published in the HERALD, Judge Batchford
says:-
Propositions are announced in this case, by the
attorney for the United States the accuracy of which
cannot be questioned such that the admission of
alien to citizenship is Judicial act; that it is
sentia that should act and that the evidence
to citizenship must be legal evidence 1t is further
contended by the attorney for the United States that
the proceedings and Judgment OF admission must be
recorded The act of 1902 provides that the alien
may be admitted to become citizen on the follow
ing conditions and not otherwise
l. He must have declared his intentions.
q He must take oath to support the constitu-
ton and renounce his former allegiance. The
statute then says, (which proceedings shall be
recorded by the Clerk of the Court" Then follows
third and fourth conditions.
g. The Court must be satisfied. by proof. to the
prescribed residence and character of the applicant
some other oath than his own being required to
prove his residence.
titles and orders Of nobility which remuneration
shall be recorded in the said court It is hardly to
be supposed that Congress intended to make the
applicant for citizenship responsible for a noncom-
pliance with any other conditions than such as he
had the power to comply with. The applicant can
declare his intentions and can take the prescribed
oath and make the prescribed remuneration;
but he cannot to it that the proceedings
and remuneration are recorded. He can pro
and appear in person in the proper court and be
sworn there in open court, with his witness as to
the matters prescribed in the statute When this is
done, he can do nothing more except to receive such
a certificate from the Court as that which Coleman
forth that it is is given by the Court under Its its
seal; that Coleman appeared in the court
a day named and applied to it to be-
come citizen, and produced to it such
evidence, and made such declaration and renuncia-
ton. and took such oaths required by acts of
Congress on the subject, and that thereupon the
Court ordered that he be admitted. and he
coer,dinsly admitted BY the the Court to be .
and when he leaves with the Clerk of the
Court such papers as he has signed, and when the
having done all that the Court had thereupon ordered
that he be admitted to be citizen and ad admitted
him to be Citizen and when the Court gave the GER
tifcate into his keeping he has done all he to
comply with the statute
THE NATURALIZATION INDEX.
1t is contended by the attorney for the United
States that it has been shown that there mat
ter of record in the Superior Court which to found
the certificate that was given to Coleman; that what
was put on record was not an act OF admission or
an order Of admission; that there should
have been record Of Judgment OF the
record OF judgment between parties; that there is
nothing in this that be regarded such
record even including what is found IN the Natural
zaton Index and the andavits and what is in them
and them, and that therefore, the certificate
clearly that the Superior Court regarded what is
found in the Naturalization Index in regard to Cole
man, in connection with the paper of oaths, &c. and
the initials of the Judge on such paper as amounting
to order for his admission, but it shows what it
that understood by the Court to be order
for his admission. The certificate given by the Court
under its seal states that there was an order made by
the Court for his admission 1t follows that what is
now found is what the Court referred to the order
1t Is not claimed that between the end OF 1858 and
the beginning of 1874 any other form of order
admitting to citizenship made by the
what appears to have been made in the case of
Coleman. while it does appear that during all the
time from 1858 to 1874 the form of the order of ad
mission was the same as in the of Coleman lex
cept that nothing appears as to any initials of -
Judge), and that such form covers the cases of be-
tween fifty and sixty thousand persons who appear
by the books of that Court before mentioned to have
been admitted by that Court during that period to be
citizens, If Coleman was so admitted.
FRAUDULENT CASES.
1t may be that some, and perhaps many of the en-
tries IN such books have been intended state
ments that persons naturalized who not in
fact naurazed, who appeared in the court and
who never took any oaths, and ON whose cases the
1t may be that certificates issued like that issued
to Coleman. not only in thus frauduiently
tered in such books. but in where
entry appears in such books. But no such
case is now presented to this Court. It is to be
presumed that II it shall be judicialy shown to the
Superior Court that any entries OF naturalization in
its books fraudulent that any fraudulent cer-
tihcates have been issued under its SEAL il will annul
such entries and certificates. But the only question
in this Court this branch of the case whether
what Is found in the records OF the Superior Court
amounted to order for the admission Of Coleman
observed the forms OF procedure and kept the
records and made the orders of atimis-
sion in all of naturalization. in the of
Coleman and none Others. During that period nine
teen judges occupied seats on the bench of that
court The fact that there is record in the court
of any order directing the establishment and keeping
of the volumes containing entries of naturalization
between 1858 and 1874 is OF no consequence The very
keeping of them for so long period is equivalent
to an order that they be kept, and the absence
of any order or practice duripg that period. az to
any other form or order OF admission record OF adj
~I,,<x.
regarded as q record and the record. The form Of
record in before 1859, and that in since 1873,
any better or more satisfactory form of record or
orer than that used during the period between 1858
and 1874 No case is cited where what is found of
pacord and on file in the case of Coleman has been
held to be not sufficient record or order ot adns-
sion.
THE NATURALIZATION INDEX A RECORD.
IL is urged by the attorney for the United States
that there is nothing to show that the book labelled
ON the back Standardization Index" and found in the
Office OF the clerk of the superior Court,
garied by that court "a record, that that court
ever knew OF its existence; that it is much pri
vate, unofhcia book the note paper in the clerk
desk IS private unofficial paper; that there
is nothing to show when the entries in
it were made, nor by whom they were
made; that for all that appears to the contrary
they made up from the aiidavts alone some
time after the time when the aiidavits purport 10
have been made; that il does not appear that the
books kept by the authority or direction of
the clerk Of the Court, and that IL may have been
made up by and have been the property of some den
uty. who used it as an aid in making searches There
is evidence tending to show tnat what s thus con-
jectured has any foundation in fact II
open to the United states to show that the
Naturalization Index not regarded by
the supreme Court record, or that
fis existence unknown to that Court. Tho record
in the present contains certificate signed by
the pres cnt clerk OF tie superior Court, and aueted
by the seal of that Court certifying that the copy of
the entry in regard TO Coleman in such natural
ization index Is true extract from the record Of
naturalizatons of this Court rtmainine in my office
TO date, which date is November ~, 1875 N is n
proper legal conclusion the evidence that the
entry In the book was made at proper time and
by proper authority.
TIM JupaEs INITIALS.
In reference to the position of the District Attorney
that the initials OF the Judge the papers is not
snlicent proof that the oath was taken IN court.
Judge Dlatchford says:-"As the initials ON the pa
pers are the initials of Judge who Judge OF
the Court a the time and competent hold It, 1t is
to DO presumed from such initials In connec-
uon with the other evidence that he did
hold the Court, and that he wrote his
initials AZ an authority to the Clerk to what is
found to nave been done--namcly, to enter the
OF Coleman Ia the Naturalization Index as all