New-York tribune., 1879-01-03
THE TEXT OF THE DECISION.

and has been passed upon hy some ol 'Ho
state Courts. The matter has recently peoI o,
carried for the first time into the United
stat,s Circuit Court final disposition OF H. ana
JUDI. atchford yesterday rendered his decision au
ver. -r Il, the Government and Chief supervisor OF
Elections John /. Davenport
The which was considered best TO use as test
case was that Of Peter Coleman, who was arrested al
the time of the last election for attempting TO register
npon one Of the alleged fraudulent certificates OF 1865
The arrest was made the affidavit OF stephen MosDer
who ALLEGED that Coleman had " unawfully " used the
certificate for purposes OF registration Coleman was
brought before Commissioner Davenport, ana aiter
a shor. examination held TO await the
action - The Grand Jury. i. f. Anderson
and g. v Wingatc, the counsel OF Tammany Hail.
wcie directed contest the legality OF the commitment
OF the held under the papers OF 1865 several
other pr discharged for technical reasons
when brou.u. habcas corpus before Judge Blatch-
jo.I but .he desire both OF Commissioner Davenport
md Tammany Hall 10 have the matter finally passed
poD led TO the selection OF COlemans as the best
one. Judge Blatchford when the matter was brought
before him. said that he wonld not listen to the agu
ments both sides satisfied that this was the
best test that could be presented DstreAtorney
Woodford and the counsel for Tammany assented TO th
Judge Blatchford, ID the decision gwen yesterday
after declaring the affidavit when the warrant
for the arrest of Coleman issued failed TO snow
"probable cause for issuing the warrant then begins
the consideration OF the validity Of Colemans certlhcate
OF naturalization. He says:
"It is hardly supposed that Congress intended to
make the applicant for citizenship responsible for non
compliance with any other conditions than such as he
had the power to comply with The applicant can De
clare s intention and take the prescribed oath ana
make the prescribed remuneration. But he cannot see 10
II that the proceedings ere recorded lie can
produce witness as to his residence and chal
acter. and can appear IN person in the proper
court and be there in open court with his witness
ms TO the matters prescribed In the statute when this
is done he do nothing except 10 receive such
certificate from the Court as that which Coleman re
ccivcd-a certificate which sets forth that it gwen 10y
the Court under its seal; that Coleman appeared III the
court on 4 day named aud applied TO 1t TO become
a citizen, and produced such evidence and made
such declaration and renuucauon and took such oaths
as are required by tho Acts Of Congress on the sujer
ana that thercupon the Court ordered that he be admit
ted and he accordingly admitted by the Court 10 De
citizen ofthe United States
Thc Superior Court has said TO Coleman by the ccrt-
cate, that he has complied with all the require
ments OF the statute, and that it has ad-
mItted him 10 be ctHen. The evidence
shows that the certificate stated the truth u stating that
Coleman appeared IN the court and applied to become
citizen aud produced such evidence and made such
declaration ana reuuncation aud took such oatls as
the statute required. The three Oaths OF Cole
man are all 10 in opcn coui;, ana
are on one and the page OF paper
ri The head of which title showing that all the pro-
cccdpes Arc in The matter OF the application Of Cole
man 10 the superior Court become citizen OF the
United states. The original page OF paperls on file III
that court bears the mark " having been Med on
tle same da, in which the certificate issued Tins
fling was a recording within the meaning of the statute
The evidence in this case shows very clearly that
The Superior Court regarded what found in the Natu
razaton Index i'm regard TO Coleman, IN connection
with paper oath etc. and the initials OF the Judge
On such paper amounting TO an order Tor the adms
eion Of Coleman to be a citizen
,pufs a11bc G
upon the argument of the Disuict-lttouey that the
fact that 50 600 10000 certificates Of naturalization
were given within short lime was evidence OF fraud
.It NAV be that certificates issued like that 10
Coleman not only ia thus frauducnty entered IN
such books but in where 10 entry appears; but
no such case is now presented TO tins Court
The only question this branch OF the case Is whether
what is found in the records Of the Superior Court
amounts order for the admission OF Coleman to be
citizen. That Court FOR fifteen years observed
the same forms Of procedure and kept the same
records AID made the same orders OF az
mission all cases Of naturalization as IN COlemans
case. The fact that there i Ii" record III the court OF
ANY order directing the Establishment aud keeping OF
the volumes containing entries of naturalization be-
tween 1875 ana 1874 Is OF 40 consequence. The very
keeping OF them Tor 50 IOS pSIloI !' tquINaI, ~ M
order that be Kept and the absence OF any order
ber psgSe .S OF d"G9 Grd;r ' o aGn ' or 10 record
Of admissions shows that what was kept and done is 10
be regarded record and ds the record No case is
cited where what is found of record aud on file IN the
case OF coleman has been held 10 be not sufficient
record IN order Ot admission.
to he presumed fom the initials Of the Judge in
connection with the other evidence that he did hold the
court, and hat he wrote his initials as an authority
90 the clerk to enter me ning name tc Si f., OEgann III
il TO presumed il the absence OF evidence that
Coleman ana s witness depo'el as TO necessary iacs
taken respect to the alidavits, are regarded as
IL therefore appears that Coleman was legally ad-
Inied to citizenship, ami that the legality uf his
admission was hol uSdiIG"SHIG tH ny any uCS NJ, oI
Qucnty to hls admission. As he was legally
sSmfG 40 im i6e cerea Of Ci citizenship When was gwen TO
Inn, and that certificate was not unl3WfuIy issued or
made On !ms ground he is entitled to his discharge
COMMENTS on TIE DECISION.
Chief Supervisor Of Election, john l. Davenport is
also Clerk of the Circuit Court He was III bis rooms
when the decision was handed down. He sand that the
Coleman case could only become precedent for 10000
at the most out of the 10000 papers Of 1865 lie DE-
clared that the would up another form
within less than week, and he was confident that 1t
would assume a different phase
General Wngate was delighted with the decision ana
spent au hour M the careful pelu'al OF ls hiyN uagcs
satisfied smile, that settles the whole question OF the
naturalization papers OF 1865. Voters won't any longer
De frightened away from the polls because they are
afraid OF being arrested whe they are honestly voting
This Is gong 10 MAKE interesting woIK 100 "hch the
But the pait Of the declSon." continued Mr. Win
Where the curt decides that The Commissioner issued
the waTrHnL for the arrest on w1ena9 nan arc Tlsn
magistrate issues warrant with pronaole
cause The legal phrase be cannot be called 10 ac-
c0uut FOR bis action The decision holding that Ddyen
port dd not probable puts him in an u.y
,D.itinu | suppose he will try TO get some OF tho
incn he held on election day indicted by The
Ined states Grand jury. but II his indictments are no
soundcr than his warrant It won't be OF much use 10
MIN Iregard the decision OF Judge Blatchiord as ap
rlicabe TO all the 10000 cases OF NATURALIZATION OF
jsGs, excepting the few cases OF actud iFaua about
NniCn we are no; concerned"
|
FITZ JOHN PORTERS CASE.