f 17 H A H V "XI -T- ' T 'I "I T -f n j N V -rr rib o VOL. X-tfo. 87. PHILADELPHIA, SATURDAY, OCTOBER 10, 1868. DOUBLE SIIEET-TlIltEB CENTS. FIRST EDITION J D D R E 8 8 10 TBI EEftYOTJS AND PEB'LITATED, TV HOSE BUFFERINGS HAVE EEEN TROTRACTED, AHD WH0SB CABB8 HEQUIEE TROMPT TREATMENT TO E.EKDER EXISTENCE DLSIRABLE. If y0erinfrerlng, or have saffersd. what effect es It produce open yoor general health I j0y n feel weak, debilitated. ee.Uy tired T Voce llitle extra exertion produce palpitation or Do'yoor liver or yonr kldneye frequently get ont io yo'Jnave spella of short breathing or dyepepslaT Are your bowel conntl rated T o yon have sPe;la of lalntlig. or rushes of blood to beheadi iVyoo leel dull, UsUes. moping, tired ol cetnpnuT. ""youwUh to he left alone, to get away from KtLVmtlo thing make you etait or jump T la vonraleep broken or reatlesst lu.Yr.of your eye m brilliant T the bloom a your cheek as brlgbt T Bo ion enjoy eoolety a well t no you pursue your business with the tamo snergyt Do yon feel wnch coofldence In 70"M A.eyouraplrlte dull and flawing, give-to fits of snClnnoholy T If eo. do not lay H to your liver or dye- T.v. you restless nights? Tour baok weak, your kMWeak. and have but llltie appetite and yon Attribute thie to dyspepalor liver eo-lalnT 0w. reader, ih. organ of gene.atlon. when In perfect heaHh. make the man. Did jon ever think Tat tbote bold. deBant. energetic, pereev.ring. suo Lfml bualoeea men are alweja thoee in whom tatae rune are in perfect health T Ton never hear ol anon men romplalnof bln,i mllancholy, ot nervouaneea cf palpitation ol the heart. Thev are never arraw t.Mannoeocoedinbu.lne.; they don't become 111 and dtocomagedi thf y are alwaye polite and plea .Mtln the company of ladlea, and look yon and them Ibjht in the face-none of your downoaat look or any ther neanneai about them. Diseases or Uicse Organs Require the Use of a Diuretic BELMBOLD'S FLUID EXTRACT OF BUCHU IB THE GREAT DrUBttriO, And 1 a Certain Cure for Dlseaa of tho BLADBBB, JUDN1TS, eKAVEI DBOPBT, OBGAKIO WEAKNESS. raiiALW complain rs, GENER 1L DBBII.ITT, And all disease of the TJrlnary Organ, whether ex feting In II ale or Female, yromwbattTercau.ee originating and no matter Of bow longstanding. If mo treatment la ubmliu-d to. Conwmptlon or Inesalty may ensue. The reojrd of the non Aty Mmn, and the melancholy death by OwittimpMen. kear ample wltneea to the truth ot thee asseitlous, Ia Lanailc Asylums the moet melanoholy exhibition appears. The countenance U actually codlen and juUedeetltute-neliher Mirth nr Grief ever visits it Bbonld a aound of the voice ooe'ir. It la rarely nrticu- late. . With woeful meaanr wan Despair Low, sullen aounda Ma grief beguiled. Onr fl ah and blood are aupported from theae leotcea.andour health and happlnee. and that of Posterity, depend npon prompt use of a reliable remedy, HEtMBOLD'8 EXTRACT BUCHU, ESTABLISHED TJPWABD OF la TEARS, Prepared by XI. T. HELMBOLD, DRUGGIST, tfe. M4 BROADWAY, NEW TOBK. AND JKe. 1M S. TENTH STREET, PHILADELPHIA, PA. PRICE I'M per bottle, or six botejsa for tU de livered M any adaress. Bold by DruggUU every where. " Won are genuine unless don up In eteel-engraved wrapper, wllhfocsimiiaol my Chemical Warehouse, nd signed H. T. UKLMB3LD. HEW YORK BTATE VOLUNTEER INSTITUTE, Corner of JfUth avenue and v" A HOME AND HCHOOT- FOR THE BON8 OF DJC- J)l H. T. Hki-mbolu: Two bottit only of tu package ot your valuable . fiucbu presented to the Institution have been used by the children, and with periect success. lu tbe case o r Utile Lieutenant A. J., his pride is no longer mor. , tried, and h) Is frefrcm tbe dally morning anaihe. Btaot te chambermaid who ha charge of his bed di g. I 'eel that a knowledge of the reeuit of our use ot Jjocbuwllh tbe children under our charge may gaewuy a Buperlatvndeut and Matron or Board ing bcboola and Asylums a great amount or anoy ano and maay a poor child, aurrerlug more from weak'n-ss than Jrom naou.mayDs spara punisb rctnt. that Is (not knowlug 11 asaweakuss lustuad ol a bit d habli) moat unjustly lufllntsd upon them, Ttaokl.g yn on bubalf cf tbe children, and hoping others m.J be alike beneflied, I am reaptotlully yours, COL. YOTJVQ, General Eupt. aud Director, jane 16. 13. ' - GkxatBalt '.akbCitt. JuUAry in, UK Mr. H. T. Hiaoij Dear Bin Yor commnnloatlon requesting our ttrme of advents.'! was duly received, but from prflud'ce I had lonjd agaloat advertising -our ini secret dle'." nnanawered. During au accidental converaaUon In a dragatore tbe other venlng, my mind waa changed on the character of Tout BUCHU. It was ten highly recommended for HLaritUi-asea by two pbyt'lolaua preanol, EncloMd pleaa Oud our rtea ot advertlalng Your, etc., T. R. BTENH0C8B, Editor tnd Proprietor ef . . , Dliy and WOekly Tfli(rih, THE SUPREME COURT Tho Investigation into tho Fraudulent Naturaliza tion Certificates. JudgeSharswocd'sOpinion in Full lie Exonerates the Prothonotary, and Adjourns Ills Court. B'nprcme Conrt M fetal Prlnn Judge Bbarawood. In the matter of tbe rule on Colo nel Bnowden In regard to tbe Iraudulent natn. rallzatloB cert Ideal es, Judgn Bharswood tblB morning delivered tbe following opinion: In tbe case of tbe Commonwealth ve. Snow den, I would Bay m a preliminary that these twelve forged certificates of naturalization I nave endorsed "cancelled," and I direct them 10 be filed a part of tbe record of this case. Judge StiarswooU tben proceeded to read bl written opinion, a follows: Jn the tnaticr of the rule on Jamct Host Bnowden, JCsq., Ihuthovotary of this Court, tothow cm vie Why an utuichmtiil thould not itsue aiaitut him for contempt. Tbe proceks of attachment for contempt Is a summary remedy, which lias been exercised by tbe Courts in England as far back as tbe annals of tbe law extend. 4 Blackst,. Com. 288. Tbe use of it was so much enlarged by Judicial decisions tbat tbe Legislature or mis state saw proper to provide, by the aotof April 8, 10U(5 Smith. 56) tbat "tbe power of the judges of tbe several courts of thf Commonwealth to issue attachments and inflict summitry punish ments lor contempts ol oourtsnau De restricted to the lollowins oases tbat is to say. to the official misconduct ot tbe ottloers of such courts respectively; to tbe uegllnence or disobedlenoe of fllceis, parties. Jurors, or witnesses against tbe lawful procet-sof tbe conrt; to the misbeha vior of anv Derson in tbe nreseuce of the conrt obstructing the administration of Justice." This provision was re-ennoieu Dy inn revinea act of March 10. 183d. (Pauipb. L.,793) The mode of nroceedinK is well explained in Hoi- HngHWorih vs. Dunne, Wallace's Stale Rep., 78. A lule is generally granted in tbe first Instance (n affidavits, npon the return of wnlch tbe de fendant answers on oath, the evidence is neard, and If the Court should be of opinion that tbe fact en which tbe rule was taken is not suffi ciently answered or excused, and tbat in point of law a contempt has been Incurred, an attach ment is awarded. When the defendant Is broueht In on this writ be answers Interrogato ries propounded to him on behalf of the Com monwealth, In whose nwme tbe writ Always lffcuew, ana n ne gives sucn answers as purge blm from tbe crlminailiy be must be dis charged. 4 Blackst. Com,, 287; case of Hummel ana uisborx, v watts., io. In tnis ease tbe rule was granted upoa affidavits that twelve naturalization cert indites, purporting to be signed and sealed in blank: ov i h Prothonotary of this Court, bad been found on tbe person of a prisoner, who bad beeu arretted nnd was in custody on another charge. The certificate were produced. I allowed tue lespondent on tbe bearing of tbe motion to prove, which be did by several witnesses well ucqnalnted with his handwriting, that the signatures were forgeries; yet as tbe impressions ol the seal appeared to be geuulne I granted the rule. On the rei urn of it the respondent put in n answer on oat h, in which he positively and ulellncUy denied any knowledge of the papers, or that any such had ever beeu signed, sealed, or lssned with bis kuowledge or by bis autho rity. No attempt even has been made to prove by a single witness that tbe handwriting is that of tbe respondent. The Attorney-General, Mr. Brewster, with tbat candor which always characterises him as a gentleman and a lawyer, has aomiited that it Is not. He has also declared wit b tbe same frankness that he dors not be lieve the respondent to have knowingly issued t r permitted to be Issued any 01 auk oerlldeaies like those in question. Tbe whole evldeace establishes this beyond a doubt. Tbe personal Integrity of tbe respondent I therefore fully vindicated, but the ground has been assumed ibatbehas beeu guilty of gross negllgeuoein allowing the business in the office to be so transacted tbat naturalization certificates, saou as these might be surreptitiously obtained; and such gross neglect, If it exists, woald un questionably constitute official misoouduot. All tbe clerks in the office, aome wuo have been beretolore connected with it but are not now, slid many other witnesses, have been ex amined. Ibe widest range aud the fullest op. porluntly by adjournment have been given to ibeConimonweulth to pursue the investigation. It was due alike to tbe Court and tbeoouitnu liity and tbe respondent himself tuat this should be done. The sieclflontlons of alleged negligence have been reduced to four, wnlou I will proceed to examine. First. As to tbe seal. Tbat the die by which tbe seal is affixed to writs and reoords should be carefully guarded must be admitted by every one acquainted with tbe law on ml sub ject' Itls established beyond all question that the aeai of a Court of Record proves ltsolt. Nor Is it necessary for a party ofleilng it in evidence to prove it or tbe signature of the attesting cleik, Tbe bnrden of disproving It la east upon blm who alleges that it la false. This Is tbe law as daily administered in all our Courts, as laid down in every standard work on evidence, and fully supported by all tbe Decided cases. "In proving a record by a copy under seal," says Mr. Greenleaf, ''it Is to be remembered that the courts recognize wltbont proof the seal of State, and the seals of the superior courts ot justice: and of all courts established by public statute." "The seals of the courts of Justice," says Mr. 8lartrle, "are of public creait, are pan oi tne constitution or tne courts, aud supposed to be known to all." 1 Greenleaf on tv 608: Btarkleon Kv.,8, Am. ed. 258; Phillips on liv., 885; Hill fc Cowlus, note 714, lu wniou tne American cases are collected, i could multiply oltatlons on this point, but I lorbear, as I do not believe any lawyer can on lound who questions it. Tbatsuch a certificate of a Judicial proceeding Is conclusive aud cannot be set aside on the ground of any errors, illegalities, or irregularities, where tbe oourt bad Jurisdiction, unless by the same court in which it look place, or some higher oourt on error aud Kppeal, aud stands conclusive as to all tbe woi Id until It Is actually so set asido, is a point equally incontrovertible. MoPuerxou vs. ( auliir, 11 8. A 11. 421). Weckerly vs. Tue German Lutheran Congregation, 8 Kuwle 130. Marsh vs. Pier, Kawle 24. Bower vs. Tuilmau, 6. W. A B. 650. Gaple et al, Titus et al. S Wright, 1U5. A legiou of authorities might be luvoked, as well fiotn this as from every Btate in the Union, lo the same effect. It has been bold In the fupienie Court ot the United States that the Judgment of a court admitting an alien totteo ime aciilzeu Is conducive UihI all the provisions of tbe law have been oornnlled with. Htark vs. Tbe Cbesapeuke In Co., 7 Crauch,420; Kpratt vs. Bprail, 4 Peters, 81)3. "This Judgtn-.ni," save I'blei Justice Murtiuall, "is entered on record as the Judttmt.nl of theeourt. It seems to us, if it be in legal form, to close all inquiry, and, like every other Judgment, to be complete evidence of lis own vaii'.liy." Tbe sanit prl'iolplu has leeu recognized and applied to crilfloA'es of iiaturaliKHtlou in every hi ate oourt in which the qnesilon has ever arisen. McUnieis vh. H'oh Urdu, I Me ord, 187; Hlicble vs. Putnam, 12 Wen le.ll, 624; McCarthy vs KicnardM, I Heideo, 2tiL 1 baveseurcbed diligently, but without suuoeits, ihri null hII the bookx for auy deoWinu, or eveu dictum, which either denies, qualities, or doub , ibis dootilue. It is one of tne firmest sou led foundation stones of tbe law. It Is evi dent, tben, front these considerations, thtl the Importance of guarding toe seals of tun o urt Iroui being tampered with cannot ba overesti mated. It la ot'Jeoied against the respond ut that It is not kept in a sate poMUon. It has baeu proved, however, ibul it wait kept lu the same l' luce for many years belore tie was appointed Proiboiiotarv, He found It there woen ne nVst took pohbetikfon ot tbeotfii e. Kvety Judge who lias been on this bench during all tUaltltud lias, of necessity, freqaeutly seen It. It t wllblu the view of all the cletks when tbe otfloe 1 not crowded; aud when it is crowded it is uer ftUj wnulu view of pne of uyw, ,Wh.ea crowd became ao great lately that tho a: tea tlon of this oiei a; might either accidentally or designedly be diverted to another quarter, the respondent appointed a cleric whomt sole dut v It siiould ito lake charge of It, aud nee t tat It wan not affixed to the paper, unless by some one duly authorized. It is certainly unimportant tbat tbls person bad been but a few days before employed, when this duly was assigned to him. it required no special knowledge or experience to perform It. Of his sobriety, lutelllgenoe, and integrity no question baa been intde. Tbat tue seal should be kept lucked, and be unlocked every time It 1 needed, Is an idea no one can entertain for a moment, unless, Indeed, the clerks shou d be allowed to ke.p always on hand a very considerable number of all kinds ot writs and certificates of record, ready sealed, wblcb, however, tbe Cotnmouwnalth object to strenuously as being itself evidence of negli gence. We roust not leave ont of view In tho conside ration oi this case, tbat the room piovlded for tbe Prothonotary of ibis court Is smitli aud narrow, entirely ln-ufiloient for tue s-fe aud convenient transaction ot its business and the Kecurlty of Its Important records. Tuat, no tv ever is not tbe fault of the respondent. I tutu this specification la not sustained. The third allegation is that he allowed natu ralization certificates, s gued aud netted, in blank, to be ltued by bts clerks. Ifthlsf tot was clearly established, 1 would noioonnider it bb evidence ol negligence, provided due pre Chution were observed lo the cumoJy of the papers. I see nothing In tbe fitot tht enou of the clerks may bave bad at limes u pile of a. r titleaiea directly before blm aud linuiMdhtleiy under bis eye, ready signed aud hi-u, while engaged in filling them np. f lie evidence snows that since tbe crowd became so ureal i to make such a practice dangerous, it bad oesu discon tinued. Certalnly.it Mr. MoCeriby is to be be lieved, since tbe seal has been placed in tils charge no certificate lu blank bad passed under it. I find no negligence, therefore, under this head. The second allegation is that the respondent authorized his name, during his absence, to oe signed by tbe clerk to certain documents, to be used at Washington in obtaining pension and bounties from the Treasury of tbe United Stales. It seems tbat the rules in that depart ment is not to receive documents signed per procurationem. Whether this was right or wionglu the respondent I do not think I am called on to decide. It does not relate to tne record or business of this Court It Is done, as I understand, to authenticate the signatures of aldermen to private and other documents. If this practice is wrong be is amenable to the Federal authorities. It is fully proved that he never authorized it to be done In certifying the records of ibis Court, but expressly foroade it. I dlf-mlss this specification. Tbe third allegation Is t hat he allowed natu re 11 .al Ion certificates signed aud sealed iu blank to be lined by his clerks. If tbe fsct was clearly ontablibhed I would not consider It as evidence of negligence, provided due precau tions were observed as to tbe custody of the papers. I see nothing In the fact tuat eaiih of these clerks may have had at times a pile of certificates directly before, aud Immediately under biB eye, ready signed and sealed, while engaged in filling them np. Tue evldeuce shows tbat since the crowd became so great as to make such a practice dangerous, it has been discontinued. Certainly, If Mr. McCarthy Is to be believed, since tbe seal ban been placed lu bin charge, no certificate in blank has passed under It. 1 find no negligence therefore under this head. Tbe fourth allegation is that tho clerks per mitted blanks ne'tber signed or sealed, lobe taken ont of tbe office to be filled np by Gran gers. I do not know that ibis baa been shown to bave been brought to tbe knowledge of re spondent. It has been testified, bowever, to be a common practice In all tb- offices. It very much expedites business. Without tbe seal and attestation tbe blank Is nothing; and I can not nee tbat It would be much tecurlty against frauds to refuse this accommodation. The fifth and last allegation Is tbat the re spondent appointed temporarily as a clerk a man who, in 1853, waa oouvloted and slnoe served out an Imprisonment of two years for tbe offense ol altering forged pension certifi cates. It clearly appears that the respondent engaged him on tbe recorameudatlou ot his chief clerk, Mr. Boss, without, any knowledge of tbe fact of suoh conviction, or of any thing against the character of the man. as be bas sworn In his supplemental answer filed. Mr. Roes confirms lots, and adds that though be had known the individual in question for many years, and many persons of his acquaintance, be bad never heard of the conviction, and that when he recommended blm be believed bis character to be good. Tnere Is not tbe slightest evidence that this clerk was fulliy of any Irregularity or Impropriety dur ng tne short period that be was employed In the office. No negligence has been established In tbls matter. After hearing tbe whole ease In oonneotlon. with the clear and satisfactory testluiouy of Mr. Antnony Morin, an exoert oi long ana lurge experience, as to the entire practlosblluy of making, by tbe eleoirotyplng process, m false seal from a good paper Impression of the origi nal, wbloh would make impression on paper equal to the best of them appearing on these forged blanks, I am strongly Inclined to tne opinion tbat tbey were not sealed In the otiloe. Tbat opinion bas been confirmed by oora paring their Impressions wlih twelve genuine on-s made at the same time, and whioii are in evidence. Kvery one of the seals of tne forged papers, except one :1a better than the uppermont, and best of the twelve true ones, and about equally good, yet none of these is as sharp and good 88 a true impression taken separately. Tbe letter on all tbe false papnra aiedlstlnot and legible, while after tbe first four or five ot tbe genuine ones no loiters can be distinguished at all. I think it most pro bable, from their uniform appearance, tbat the false seals re all single separate impressions from die, not so sharp as tbe original, lust snob a one as according to Mr. Morln could be electrotyped from a paper Impression. It will be observed that in tbe coursa of this searching Investigation Into the oonduot of the respondent, no obarge has been made nor any evidence given of any misoondaot In that part of naturalizations wbloh was nnder hU Imme diate supervision in oourt. None of tho olerks or officers engaged to assist him In those duties bave been called or examined. Yet. as Irregu larities In all parts ot tbe process have been alluded to, I may take this opportunity to make a few remark in explanation of the mode adopted In this and heretofore in the other courts oi inisciiy in admitting alien to tne right of citizenship. I do not mean, of course. to express any opinion upon the legality of that inoue, oecause tne question may in some rorm come before tbe Court in bano. and It would evidently be Improper for me. as It does not arise In the ease before me, to prejudge a question oi suon importance. It Is not inconsistent, however, with my duty In that reBpert to say tbat if tbls mode so long pursued be illegal, and therefore void, and the naturalization certificates issued under It otu be lawfully rejected, then nlue-ientns of all tbe aliens naturalized by our courts during the last tinny years will be reduced again lo the con dition of aliens. Any man. whether lawyer or not, who can draw a logical lnfereuoe, must acknowledge mat tnis consequence is ineviiaoie. wneu l took my sent upon the bench of tbe District Court in 1845. 1 muud tbat Ibis system had ueeu followed by the learned and pure meu who were members of the Court, wblcb bad pre ceded that to which I bad beeu upoolnied; auu dv mat aisiiiiguisued jurist juue mug, then President of the Court of Cumutou Pieas. Tbat system 1- this: In theoitnt sofapplioatlons iu tleclaiatons of Intention, the Jadxe examines the pspeis, and if found to be tegular, denvers Ibemtoibe clerk or one of the officers to ad minister tbe required oath to the petitioners and bis voucher lu tbe Court room. In the case of tbone who apply on tbe ground of having arrived In the country under tbe aire of elirii. teen as tbey aie required to produce no papers mere is noiniug to examine. The peti tion, with the accompanying affidavit, 1 a printed form, . the same in all these caaen. and the clerk baa o.nv to tee that 11 is properly filled up with l be uaiua and country of the petitioner, and the year of bis arrival. Upon taking mv seal In the. Court .f NIhi 1 ilus on the first Monday of Hnptember nr nils year, i iouuu ou inquiry tuat the eia0 llsbed practice here bad been to refer the ex. amlnutiou of tbe papers In all canes lo the Pro nummary, wltu directions, bowever, that if any uoiiht nr question arose in nis mind lu any, to report It for the opinion of thejudg. I naw oiearly Ibe reason ot this difference. Tne Pro thonotary ol this oourt Is a lawyer of mature see and experience, appointed bv the oourt Itself, aud pooseKsing Its entire confidence. II Is always personally present in oourt alleudlug lo bis duties. Whereas In the other courts the Prulhonolaries and clerk are generally not lW vJ , WV "Ot, uppQUUea by (bo courts, m art entirely hy deputies. I determined, how ever, npon reflection, to pursue tbe same prac tice I bad always followed In tbe District Oourt, not from any tne slightest want of confidence in Colonel Hnowden.bnt I thought I would feel better satisfied if I gave such pernoual supervi sion to the matter as I had been in the habit of doing. I aoted accordingly. There was one other difference, bat In whloh I thought the practice here waa a decided Im provement. 1 observed that tbe oath adminis tered to petitioners a minora. Instead cf nelug general "that the oontenls of their petitions mere trne," recited particularly the facts set forth lu them. I took occasion to express my approbation of It to the Protnonotary. As to tbe policy or expediency of changing this prac tice of so many years' standing by substituting one accompanied with more formality and delay, it is nn necessary that I should unw ex press any opinion. If any plan enn be adopted by wblcb the naturalization of foreigners oan be spread ratably over tne whole year, Instead of nine-tenths of It being orowded Into tue few wteks before tbe election. It would undoubt edly be an Improvement. Kven tuen, I appre hend, It would be found a very serious Interrup tion and impediment to the other business of tbe count, II it were required that tue Judge should personally examine every petitioner and bis voncber, during which time nil other pleas must of ueoessliy cease. My recollection In tbat in l&H it was tried in one of our courts, I da not know bow loi.g; bni It was abandoned brcause it wan found Impracticable consistently with a regard to tbe rights of other suitors. Hut bow eer Uil may lie, it is plain that any suob charge of pi act ice ought to be announced at leatt nine months before an election, so tbat all piiKOus entitled may take measures accord ingly. To spring It upon the community on the eve of such an event would work the gross est Injustice. By the delays It would occasion it would very much iuotease the crowd lu and at the doors ol theounrt room: there would be clamor aud struggling for preuedenoe, which could not well b prevented or restrained. If arranged in a liue it would require tbe pell lionets and tbeir vouchers lo wait In attend ance perhaps several days before Ibelr turns would come. Labonng men would thus lose valuable time wnioii thty could ill afford; and it wonid be a prauiloul deuial of therlnlitto bnudieds of men tully aud Justly entitled to It uriuer me tawsoi tne lanu. It may be tbat among so msny oases there are Instances of fraud, nertury. and false per sonation. But I doubt If tue change proposed would tend to pi event these crimes, tivery day that I sat, except during the first two weeks, when tbe applications were comparatively few, I rt Jected many pt tltlonn. In several lnstauees 1 specially examined tbe petitioner aud his vout-ber ou oatu, iiany thing appeared doubtful or suspicious lu the paperB. That a very large number nave Deen naturalized is true. Dili not more. I think, tban was lo be exneoted. In every election preceding a Preslduullal elec tion, wnicu x rememner, except, isoi, tne uum ber bas been large. In tbe fall of 1853, twelve years aao, more than five thou'-aud persons were naturalized In the District Court alone. Since tben tbe yeatly Influx of foreign ers bas been very great. Uut there exist tpeclal reaseua why tne numbers should be much greater ou this than on auy former oc casion. During the war naturalization almost entirely ceased, litis Is ihe first Presidential election since Us close, so that tbere is In faot nearly tbe arrival of eight years, wbloh nave been held back. I remarked, la examluing ine declarations, bow very large a number there were who might bave beeu naturalized prior to 1864. Tbere is another cause for a very oonsld etabU percentage of lncreaee. In 18G2 Congress passed an act allowing any bouorabfy dis charged soldier to be naturalized on one year's residence, and wllhout any previous dooiara tlon. I think that durlug the month I sat at Nisi Prlus I examined almost as many cases of discharges as of declarations ot intention, it Is no argument, therefore, to parade numbers as evldeuce of frauds or irre gularities. If there Is auy impression among ibe members of the liaraud in tne community tbat tbe whole process of naturalization has been conducied by tbe Prothonotary without auy personal supervision by me, aud that in a loose and unusual manner, it will Deseen lrora tbls statement that It Is entirely without foundation In fact. I bave ibns disposed of this case so far as the rule on tbe Protnonotary is concerned. I order it to be discharged. But I nave not forgotten that the main object with which this lnveslga lion was torn menced was to discover by whom and bow tbene foiged papers, If they did ojine Irom tbls office, were obtaiued, la order mat tbe guilty parties might be dieoovered an! punlsbed. Tbe first application to me on tbe part of tbe Commonwealth waa for an attach ment, or beuon-warraut, as it was termed, agulufet Jobu Devine, in whose possession tuey weie foond,ln order that be might be com pelled to olsclose how tbey came Into bis pos session. 1 thought It very elear that, under the act of Congress before relerred to, 1 bad no power lo Issue au attachment for contempt in such a case. It was at my suggestion that the rule was issued on ibe Prothonotary, by wulou the power of tbe Court could bb used to oompel the appearance of Devine aud oiuer per son, so that tbe perpetrator of this gret dime might be discovered aud Drought to that condign punishment wuioh they sj well de serve. I said 1 would award a writ of Ixabtat corpus ad tettificandum to bring np Devine from p rlson, but that be ought to have oounsel present lo adviae with and instruct nim as to his rights as a witness. No application, however, waa made to me for tbe writ during that day, wbloh was Saturday, October 8, 1868. It now ap pears that Devine was discharged from prison that same night. The committing magistrate by whom be was discharged has not been pro d uced, aud we bave no evidence as to who went bis bail. Devine himself says tbat he does not know. 1 must confess I should have been bet ter satisfied If tbe ball had been brought before me to be examined as a witness. No subpoamt waa taken ont agalusl Devine on Monday, nor any charge preferred against him. When the Court met at 12 o'clock M. on that day, accord ing lo adjournment, a motion was made for a writ of habeas corpus, but no petition and affidavit was presented. I would have allowed time, however, to prepare them, Issued tbe writ and walled for its return. It being suggested, however, that Devine waa pre sent iu Court, 1 directed his name to be oulled. H answered and appeared. Ou hi subsequent examination be said tbat be had come of hla own accord, without suggestion or advice from anybody, because be understood from what he read in a Sunday newspaper that be was to be tried. 1 tnluk it somewhat remarkable that this man, upon whose person these blank certi ficates were lound, bad thus tbe most ample opportunity, if he was guilty, to fly from Justice, or to avoid appearing as a witness In lu is case. Being without counsel, he was carefully in siiucied by me before giving bis testimony that he had a right to decline toauswerauy question which would either eliminate or tend to crimi nate himself. He submitted lo answer, and did, to ail appearance, answer every question fully. I see no reason whatever lo douot the truth of bis testimony. It was clear, consistent with the lesiiuiouv ol the otuer witnesses, aud couKisient with Itself. No contradiction has been attempted to be pointed out. No man, I think, can enteitalu tne belief lor a moment that be (John Devine) either stole uiese blanks tut ol the office or foiged tue names. The pre sumption lu the fli so lustauce uudouotedly is thai tbey were lu bis pot-session lor an unlawful and guilty puipose, 1 do not believe, on the evidence, bowever, tbat be knew that these papers were iu hla potseMiion, or, al ail events, what they were. Nor do 1 btlieve that they Were given to blm or put in bis pocket lor elec tion purposes. Tbe mau or meu who would commit the crime of purloining and forging tbeui, would not select such au agent to consum mate it. I have come lo the ouuoiusiou, alter lull examination aud weigniug all tbe circumsiauces, tuat Joun Divine, i n the nlgtjt or early morning ol uts arrest, at ibe corner ol Jeli't-rsou aveuueaud Washington street, lell among bis enemies, personal or po lineal ills w oist enemy, luueed, was Ihalwhioh he hhtl "put into bis mouth lo aieal away his brains." Like "Ctssio," when be awoke later in the day, be remembered a mass of things, but noibing dlHtiuutly; a quarrel, but noililug wheitfoie." Thai be was arunk ihe ponce officer wboarret-ied blm lor snapping a pistol el a man aud his wife crossing the street tesli tits, and be hlmaell oonlesses it. He remembers nothing about the quarrel, Ihe pistol, or the tapers, lie admits tue watch aud the money, which were tskeu from hluu anil afterwards re turned, though he touud the money muoq less than be expected, which Is liot surprising, con sidering the manlier in wnicu, by his own account, be bad spent tbe day. Tue pistol was not returned lohim, audit has uol been pro 'duced here, so thai he might say whether it was his or not. Not a slugle witness bas beeu called Who was present when the arrest was lauuf, U tell wuo weie Uieie uud how the quar rel aroe; for tbere were loud words, navs the rolloeman; not eveu tbe man and hi wife who Were crossing tbe street, and at wtiom, it 1 said, the pistol was snapped. Some person or person followed tbe officer and him after tbe arrest. At the tioor of the Station House, as be was going down the steps, Devine was assaulted from behind, and struca a severe blow or blows on ihe head wl'hnome blunt Instrument. He wa stunned. This Is bis own account, and the officer testifies to tbe same tblng. Then this ottioer says there was no one at the Station House to receive the prisoner, and that he conld not therefore arrest the assailant without "letting him eo. I thin he wonld bave been perfeotiy Justlllud In doiug so, even If Devine had escaped, wbtnh. was not very likely in his tben condition. He did not oafl for help, nor spring hi rattle. He does not know who bis annuitant was, and I suppose the perpetrator of this gross outrage will never be brought lo Justice. When Devine awoke from bis eruriken debauch be found bis hair clotted with blood and gore, and requested In vain for some water to wash and dress It, offering to' pay. When tbe other prisoner were sent aown to prison he wished to go also, and Bi-ked why he was not taken. He says thai tbe officer In obarge. whom he named, answered that "they wanted to make use ot blm." No one bas been produce! to conn edict these statements of Devine. or to ex plain them. I very rn uon regret tbls, lor tue nake of tbe administration of the law. It I thought that Deviue bad possession of these Fppern knowingly, and fora fraudulent purpose, would feel m self bound, of my own motion, to order nis arrest, and to commit him to prison or bind blm over to answer the charge before tbe proper tribunal. Hut I thluk tuat the evi dence before me corroborates bis own state ment, that be was In possession of thrse papers without guilt on bis part, and I therefore make no rule in regard to him. Utile discharged. As noon as be had finished reading the above opinion, Judge Bhatswood adjourned the Court. IMPORTANT! DEMOCRACY! More of the Tipstave Citizens. The Illegal .Tipstave Naturalizations. Judge Agnew Endorses Judge Head's Letter. BbAveb, Oct. 8, 1868. My Dear Colonel: The uncommon cbaiscier of tbe tecent proceedings In tbe Supreme Conrt at Nisi l'nus, for the naturalisation of foreigners, makes it my duty, as a member of the bench, to address you. However they may be deemed Justified by some portions of the puolio.on account of the en is they serve, or by ibe practice said to exist la st me Courts, tbe proceedings whiua have taken place nnder your offioial con)znoe as the Pro tbonotary oi the Court, are, In my Judgment, without tbe sanction of law or propriety, aud ate not Justified by any known usage. In the outset, I must nay tbat my entire confidence In your integrity warraui tbe belief that you are not consciously a party to any aotual fraud. Yet, while this may cover your character as a man. It does not abate the reprobation with whioh a large body of tbe (immunity look npon the loose aud dis orderly t radices to which you have given your official sanction, nor remove the un warranted discredit it brings upon the Court. 1 feel this as one of its members, and regret It still more, because I am unable to disoover any mode In which I, or even a majority of the Bench, can al this time remedy tue case. Tue Court In Bane Is not in eBsioo, aud cannot meet until the 19lh Inst., at Pitlsuurg, while tbe Bench of ibe Nisi Prlus bas been occupied by those previously assigned to hold Us periods lu September and Ootober. Tbe naturalisation of aliens is ajudlotalaot.ln which tbe Court must he satisfied, on proper evidence, of tbe residence of tne applicant In the United States and this Slate for tbe legal periods of time; tbat he is a free while person, aud has behaved himself a a man of good moral character, attached to the prin ciple of tbe Constitution of the Unfed States, and well disposed to tne good order and happiness of the same. Now, lu view of the manner in wuion you bavosuQered your sub oi dlnates and ibe tipstaves ot tne Court to rush the paper through in more than a maelstrom correct, bow I it possible tbat a single requi site of tbe law could be complied with? In twelve Judicial day, from tbe 2lst ol Septem ber to ihe 8d of October, Inclusive, you bave permitted to be run through 6468 sew ot papers, averaging only 89 seconds ou each nek Ou some day the average Is less, tub wnolo nnmberontbe 8thwus 720, averaging only 25 seconds to a set. These figures are taken iroui yonr own statement furnished to orn.tter Keud. Tbe whole number of naturalizations, according to tbat statement, was 6VUS. from September 14 lo October 8. Now neither you nor yonr olerks and the tipstaves oould in this lime open tbe papers, gutter tbe oontenls, and administer the oath first to the wlluesa atd tben to the applicant. Muon less could you atctrtnln the class to which applicant belongs, scrutinize bis appearance aud tuat of bis voucher, make bim eomprehend tbe true na ture of bis application, bis anjurallon of bis former allegiance, and the adoption ot the new one he is ebon', to assume, and earry through the proceeding iu an lntelllgiule aud proper way. It is elear you could nut, in tne short time allotted to each case, determine tne pioprlely of admitting tbe applloant to citizen ship, even if the power belonged lo you; aud it Is still more clear tbat you could not aud did not oommnntcateeach ease to tbe Court for its approval, in short, ibe wbole proceeding was unintelligible, Informal, disorderly, and Illegal, and 1 damaging tbe reputation of tbe Court. You had not time In this oonlluuou press to collect your own tees, and must bave done the business for nothing, unless you have some out side guarantee tofa!! back npon. Tbls mode of proceeding 1 not even sanctioned by tne irre gular practice wblcb 1 said to bave existed in at me courts a custom to permit tbe clerk or bis deputies to carry on the process of natural ! zniion in ine presence oi tne uourt, in au ordi nary way. where occasional application only occur, and where lime is taken by tne officer to examine tbe papers, read them to the parlies deliberately, see tbat tbey are all regular, and tbat all tbe requisites of tbe law bave beeu properly observed. Such a custom, unwar ranted as It Is in my Judgment, to delegate this important function ot the Court to elerk and tipstaves, cannot Justify this pell-mell speed, this absence of all thought and examination, aed tbls disorderly haste wltu wblou you bave suffered your subordinates to drive tbe paoer through the court. How is It possible tbat from five, snd even seven hundred persons, and a mnuy more as their witnesses, making 1000 to HGO petsons, can be examined iu one day ol five hours, and t heir cases Intelligently disposed of? It Is not possible. How can francs be guarded against In such a proceeding? Wbooanldeu tify either parties or wit nesses, unless tt might be the common voucher who swears by the thirties and foriles? What is there to prevent one man iu as many dav representing a dozen sets of papers T If tne sitting Judye thought ihe practice, as be has known it to exist, warranted a delegation ol h s t ower of determination, yet It did not Justify you or your deputies In the abuse of the dele gated authority. I am compelled, therefore, la my own Justinostlon, lest It should be sup. posed that the bench at large KauiioiiH your acts, to express my dissatisfaction, and in order I hat such a practice ma v not seem to bs s iuo lloi ed by the blgbrst Court lu the State, aud thus become a precedent (or the general guidance of Judres in the lufr-rlor courts. I am truly yours, ef. Damkl Agnew. Cot,. Jas. Ross Snowdes, riothouotary Supreme Conrt, Phlla. P. S. 1 have sent a oopv of this letter to ray Brother Heed, who concurs with me lu disap proving of your proceeding. D. AaNaW. Market by Telegraph. NlW Yon, Oct. 10. isttick atro OMcago aid Rock Islauil. I'd,; Meadiug, w- Oaoiuu, Krle, ihjii (jinveiana aud Tolndo lut; t'leveiaud and Piltsbtrttfi Pittsburg and run Wayne, HHf; Michiguu Central, I17Si Mlulilgsn foatliern, BiV,, New York Oeulral, iWX. I lluois t'entral, Itll,': t'niu nerlaud preferred, Wfc Virginia s, Missouri 6v 91 U; HurtM.n Klver, la-l1,. -. IhM llv; do, ISKI, ll'-V; rln. loai do. new. KH' Ul. UK Gold. liH'.. W on ey. btsil per cent, Eicbange, '.'. Bai.timojih, Oct. 10, Outturn firm and estiva' nildililLS", 1 i'lonr emlvn and firin.r. Wneat liriuer slid unehauf ed. Oorn firm; wblto, 01 '2"(ul as; 1 ow. i--t aii. Oata llnui prluio, 7(his.io. ilia ilrro at f IMftitil-M. fJloverseart In aood local detnaud, Murkl ithi; new, 18 Ml; old Ttmoibr quiet al (J httU i'. f iVYlnivni tUYS null unciiat ged. Below we present the names of a portion 4 tbe citizens tamed ont by tbe tipstaves of the Snpieme Court on September 80 and Ootober S and 6. Tbe following shows the number ol names thus fur published by us: Published to-day 271 " previously -...-........,....8208 Total 8478 The lro fens Ion al Vouchers did not operate very extensively on the 5th and 0;h of Ootober, ao tbat we have few change to make In the summary cf their achievements, which Is as follows: Jsmen A. Waison......72 John Wllllams.......14 Tim Donohue 43 John Green ..U Kdwsrd MiMulty 4tCharles Rogers .1J llni.ni Jacobs Bl'Sol. Pinbeiro W..U Bernard Mulllu........ K p. P. Mcl'hersou......ll Utcnge Palmer H7r. H. belaney ...... m John Ward 87 Henry Oeutuer....i9 liub Hrowu 3H James Itobo ....,10 Tim iioreSujcler .83 William Campsell.... 9 Will In m Oros 25 1 A. De Bruen M u J..1 n Hsr.msn ..24i Joseph Oslertng....., g 'li.i men Kvnns 22 George Thompson...... 7 Jr.hn 11. Llllh liWm. Belshaw 1 Km est tymnet 1!) Ueorge Dickinson...... S Henry Wlsbam 17!John Little 6 1 honmn Corbiane 17Mibaei Hays Q Julnes A. Coidello 15 kTlie City Executive Committee have buihoilzed Ibe publication of the follow li g a d, iu connection with the lists which, we si 1 pubilnh from day lo day: Hi AHQUAhTKkS U10 Kkl'tTBIilCAir ClTT I xntri iv'ic Com Mir ikk, No. 1105 Cbesnut sun t. Philadelphia, October 1, 1808. The following- i,nmtd parlies have been naturalized by ihe Supreme Court during tbe present cam palgu. Mre call upon our friends to closely exemlne the same as regards tbe residence of lite pHiiy, the name ol tue voucher, etc, and lo inske copies of ihe same, to be used on elec tion uay, WILLIAM R. LEEDS, President. iVS. wil'KsH.w.jSecretarles. 0111 W. V0TI!I2 KntnrallceU Wednesday, September 30. Auuie. Voucher. Jobnt.aivey, Wlilooy ilorrook t or Lnvl'n and Drown Our.FlsiierandDivls'n W m McCotmiik, Wm. B. Tebley 4148 Ludlow slieet. 1 WO James street JnUits 1'nngherty, - Jonn Dugan 219 Locust street. 229 Locust street Richard Dawson, - Jonn McDougal Boudlnui street. 1157 N. Front street John Dolan, Philip Thomas 116 Mct lelland street. 637 Powell street JiiKet li Daley, Phlllo Boyle, M D. 131.1 Filbert street. 1432 N. Second street D ntil Daley, Edward Deery, (J15 Baker street. 1312 Alder street JVllcheel Qulgler, Janus Qulgley 972 Delaware avenue. 972 Delaware avenue Fisnk Muiball, M. W. Prendergast 1 1( 4 Mark's lane. 4ZJ9 Fibert street Philip Slaup, PeierBell, 622 Thompson street. 1637 Bnnton street James Crystal, James Moore Frsnklord Arsenal. 22 Jamex. Falls Sohuyl at thins Scbmleder, W ililam Gross. 19 Juniper street. 22tt Juniper street Alex. Alien, James MoCntoheon Fr'd rd. A Hart larje.'l 2108 Amber street Shiruel Priestley, Jonathan Ciifl 820 Ms ster street. Chester William Lynch, John Fullerton, 4412 Leiper si reet. 4111 Elizabeth Street J liii McAosms, Jonn Smith, 1809 Moravian street. 1521 Market street Michael Luun, D. F. Taylor Delaware county. Delaware county Ph trick Bowers, Jonn Williams J2M4 Hamilton street. 414 Callowhill street Juuus ttcbonlsg, William Oross 7ktj lxgne street. won. jinn per street Michael Leany, Edward Fit zpatilok 714 S. Filteeulb St. 1231 Brown street Bi'gh Sweeney, John MoUarten Ntrrlsiowu, Uoushohooken Jhii es Maber, George M. Derr 12DB Market street. 21 Thirteenth street Juirie Flynn, Jonu Wurd 7t8 Fiout street. 1018 Filbert street Jxmeb Yoean. Geotge Diamond 318 Tenth street. 8 Yonder street Total MN. 34 Published previously 268 Total for September 80..., 387 A nl ii milled Monday, October 0. Fmtii is O' Conner, M'ouael Cory le 110 N. 22d biieet. 710 Carpenter street Jt.nu Welsh, Michael Kogan Fails SchujlkllL Manayunk Jt tin Biebmab, Albert MuCaler Lew is Erneba w, James Ullll vder Matshali & Diamond. 425 Belgrade street Owen McUlougnliu. Hugh McLougblln 1141 S.Seventu slteet 82 S Sixth street T)k uihs Alisier, Thomas Henry 811 N. bixtb street. 18 N. Eighth street En. V uul, Jacoo Mull 8lst and Thompson. 1240 Taney street Henry fcouuer, J. C. Smith ' Cluster county. Polistown Darnel McCounell, James Flaherty 412 liermau alieet. 411 Laudls street Michael Uallugher, James Boyle Id ugh Brady Thomas Agnew Charles Hei.ry, - Anthony Henny Westchester. 10 Jay ne street Btnry Albei t, George Keller 828 S. Sixth street James Donavan, Thomas Carrlghan 108 Union street. 108 Union street James Siafiord, Samuel Howell Puinck Uiil, John smith !92 Carpenter street. 1727 Carpenter street Tun. Leonard, John Hoosey 1520 Almond street 1120 Hewson street Fiaucls Trainor, Jonn Burd Met vine st & Mont av 1845 Mervlne street John Locker, Charles Brady 1302 Adnau street. 1802 Frank ford road Ji hubims, Pa rick Morrlssey 23d and Pine streets. 28th aud Pine streets Michael Lannty, Hugh Lo.an 7 M veis' court. 213 N. Sixteenth It Max Hiutrwadel, David Griisner . 20iu Belgrade street. Ed. Smith, Hugh Devine i;to American street. James Hampton, Oliver Hampton Paul Wiedluer, J. E. School; Bear 130 Apple street Front .'a07 Apple street Michael Kneiie, Jacob Mull, Jr 31sl aim Thompson. 1240 Taney street Henry Burnett, George Durr Moblwomery county. No. 21 N. 17th street James Burke, Pat rick Cummlngs 919 Thompson street Joseph Graf, Jonn Luis JiHi )b Chi -1st, Ferd.Slraub 1012 N. Fourth street. 131 Lombard street ' John Levins, Joha Hoosey Port Klcbui( nd. Hewson street llioiuas Kiniiiinoi e, Thomas Hamilton lUai K'23S. Fil.b St. 914 8. Fourth street 'William O'Leuiy, James Flanagan F iiD'.siii Uiteu. Fountain Green JohuHei ller, Jacob Mull. Jr U2d and Muster sts. Hear 1240 Taney street John Huber, Jacoo Mull, Jr 3td 1 m in i-on street. Hear luio Taney street lli M lei tits Seller, Jtt"O0 Mull, Jr 82d and Master sis. Hear 1240 Taney Street Cl'Hrlts McClot-key, John Murray 175 Leverii'g slietst. Lower Merlon James I'oyie, J. McLangbllu,2217Bao4 Jaines Winters, William Belshaw 10L9 Humpun street. lUt b Wilcox street Luke Mattel, Jobu It. Myers Busileioo road, Hoiniesburg Jxines Lark In, Patrick Motiulre 101 b and York a v. 1747 Hale street Jtte. l ahlll, Wlhlam Finnegan lui9 Can enter street. 1030 H. Ninth street Iti b. Usilwifher, William Clark 24th aud I'lnesireels. 24th and Pine street ThiiiUHS TU ruau, John Dougherty t i.t ss cMinly, f29 Bedford street Jsmen I iglie, Thoinea Brown !W Frank ford road. 2723 Frank ford avenue Psiih k Kelly, Thomas Kelly 8460 Ltidiow street 6tt' h and Market sts Sehss' tall YtBger, Jacob Mull 8j1 Thompson street. 1210 Taney street James Fox, Iiouert Siluson 1508 Bodlue street CorxHnutd on the tjt:ond rage,
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