The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-03
COLEMAN's Nd1URALIzA TON
judge BIRtchford Decides that his Papers.
Taken Out In LOO, nre GOOD.

/
Peter Coleman was born In Prussia in
1914. He arrived in this country in 1860. in the
capacity Of an ordinary seaman. In February.
1868. no gavo up going to sea. and has since re-
sided continuously in Now York. certificate
given 10 him on Oct. 49, 1868. sealed issued
! from the Superior Court Of the City Of Now
! York. aud signed by james NJ. Swecny. Clerk.
act forth that Coleman. having produced to the
court such evidence. made such declaration and
rcnuncation. and taken such oaths IL are re-
| quirod by statute no was admitted to be a citi-
| zen Of the United Statos
when Coleman went to register ut tho Eleventh
Election District OF tho Twelfth Assembly Dis
trict. he was challenged and served with a
printed notice accusing him OF being possessed
OF II false. fraudulent. and void certificate OF
naturalization. Issued In 1868. This notice was
signed John !. Davenport. and Colcman's at
tcntion was called to 1t by District Attorney
Woodford. who said that he could avoid arrest
and prosecution by appearing before Commits
sioner Davenport and surrendering his certifl-
cnte, as more than 1000 persons had already
done
On Noy, 3. two. days before the election.
stephen Mosher. who has made most Of the afll-
uavtS on tho 1868 papers. sworo to n complaint
before Commissioner Davenport that Peter
coleman had registered as n voter and unaw-
fully used certain certificate OF citizenship Of
the Superior Court, Coleman was arrested and
committed TO Ludlow street Jail by Mr.. Dayen-
port ON the bth OF November in default OF $1,000
l,all writ OF habeas corpus was obtained and
the case was taken before Judge Blatchford and
argued on an admitted state Of facts II was
selected. as was generally understood. IA one Of
tho strongest OF the 1000 and more casca in
which warrants Of arrest were issued by Mr..
Although Coleman was instantly declared by
Judge Blatchiordt to he entitled to his discharge,
On the ground that no guilty knowledge, could
Ing decision from Judge BiatcSiord. S on the
mt eaHlst oh.
rested. The main points OF contest In tho
argument were whether tho certificate OF cit-
7enship that Coleman received was a legal GER
tincate. Dased on proper record on file in the
Superior Court. COleman's case was generally
supposed 20 cover the greater number OF tho
Judge Blntchford gave his decision yester-
gay. and II IL adverse 70 all the claims set up by
District Attorney MoodfOrd and Commissioner
Davenport. and fully sustains the legality OF the
certificate ot naturalization upon which Cole
man, man 5Gslstered ms name as voter The de;
illl about page OF The Sun. Tho first point lie
that the affidavit upon which Coleman was ar
rested does not give sufficient Information OF
the nature of the offence and fails to disclose
probable cause for the issue OF the warrant
Judge Blatchford says:
II IL hardly 10 be supposed that Congress int nded 10
make the applicant for zc nshlp respcnsble iOr non
lad The po,Sr Il, EMMY viii, TS np1n suo as ne
clare his Intentions and can take the pre- oath
e 70 that The Proceedings and remuneration arc re.
that vets iofth nat owen by e COURT sS I've
seal that he appeared IN court day named ana an.
Sycnes and made such ccisr"o and aSh
s... on The and a eIeor py ~ sS s sST or y
ihathc be admitted and thathe asAccorlinsy admitted
the court gives the certificate into keeping he has
Court has sad Coleman by the ceruncate that he has
SoPlfi Win an the requirements OF the statute, and
To be citizen and that Il has admitted him 10 be cu
AMI records Of tst eoHT' IN W. ts, ~ % .s me-
We truth IA stating that Coleman appeared the court
such Evidence sni made such decarauos a. he .atSte
required. Tho three oaths Of Coleman embracing ase
the necessary declaration and renunciaon by lin ana
e ..th o. me wiincses are all sworn to In open court
Of which ia Ute showing that all the proceedings are
peror Court TO become citizen OF the United states
ihc ofsinal pase Of PAPER is On ne in that court and
cordns within The meaning Of the statute.
Judge Blatchford enumerates the names OF
tho distinguished Judges who have occupied
mo bench OF tho Superior Court for fifteen
years. and continues
Is 70 Toe presumed That IN each case Of naturalization
aS scts e, p s SSa ~ gysn Ne il
las ordered The sdTisson ~" he esa ss tne S9e
No case cited where what found record aud on
cent record order OF ADMISSION 70 eiu,enship
Those decisions conclusive of the present question
recr, 70 be- " ~ The ees o TO S whi'h It
Sss No Ssr record IN respect 70 coleman Than that
sion or any OF the natli' OF Anda,its.
Judge Blatchford quotes the decision OF Judge
which ro1uirod peEfection by amendment. He
then refers 10 Mr.. Woudford's assumption that
III" Naturalization Index In the Superior Court
was not regarded rs u record in TINT court, and
says: There Is no evidence tending to show
that tho Naturalization Index was not regarded
ny the superior Court as record On tho
contrary. tho clerk Of the Superior Court signs
certificate, Infested By the seal OF the court on
Nov ~. 1871 that the copy Of ths entry in
coleman = case 10 true extract from the record
~ naturalization OF this court" The Judge Of
"" superior Court wrote his Initials ns an Ru-
thority to the clerk 10 do what is found 10 have
been done namely, 10 onter tho name Of Cole
man in the Naturalization Index as admitted to
clliZ'nship. with tho date In the absence of
evidence 10 tho contrary. II Is to be presumed
mat tho court was satisfied with COlemans
proofs. Judge BlatchfOrd continues:
II therefore appears that Coleman was duly and
legally admitted 70 citizenship and that the legality az
ms insrion Nas not inv adatcd by omission
n,sHo - Ice was legally admitted IL was proper for
me court 10 give him the ccrtncas of citizenship aud
mat reruh,ate was not unlawfuly issued or made ON
rest
Bui there Is another ground on which Coleman IA
cnuicd To be discharged Asi appears that a the at
tory requirements had been with and die court
had Or.rrd that hc be admitted as clen and he was
hccorilusN nluiit j. lac court would permit Jury
was unawiully issued. SO msme,t was ms that The
minute M facts wcrc brought 10 the attention OF this
ground alone.
Comm ssioner Davenport said yesterday that
Judge Blutchlorus decision in tOcnlans case
could not cover more than 10000 out OF tho
6uuOu OF The so-cacd 1868 papers.
Some OF the caScs will possibly come before
judge B'nedict in another form at the present
ssion Of the court. II Judge Benedict differs
from Judge lilatrhford. the case may be- carried
To the Supreme Court OF the United States.