In re Peter Coleman, on Habeas Corpus. election district of the 2d Assembly district of the city of New York, on or about the 16th day of October, in the year one thousand eight hundred and seventy-eight, unlawfully use a certain certificate of citizenship, purporting to be issued or granted by the Superior Court in the city of New York, showing him to be admitted to be a citizen, then and there knowing that such certificate had been unlawfully issued or made-this in violation of the laws of the United Statesnow, therefore, you are hereby commanded, in the name of the President of the United States of America, to apprehend the said Peter Coleman, and bring his body forthwith before me, or some Judge or Justice of the United States, wherever he may be found, that he may then and there be dealt with according to law, for the said offence." Coleman was arrested and brought before said Commissioner on said warrant, and, the charge set forth in said warrant being explained to him, and an examination respecting the same being had, the Commissioner, on the 5th of November, 1878, committed him to the custody of the marshal, to await the action of the grand jury in the premises, in default of $2,000 bail. The commitment was endorsed on the warrant. Coleman was brought before this Court, on a writ of habeas corpus, and the proceedings before the Commissioner were brought before it by a writ of certiorari. Formal returns were made to both writs. The relator put in one traverse to both returns, and the Commissioner put in a reply to such traverse. Thereupon, proofs were taken on the issues of fact raised by said papers. The principles on which this Court acts in issuing and adjudicating on writs of habeas corpus and certiorari, in cases like the present, are those laid down in In re Martin, (5 Blatchf. C. C. R., 303.) The rulings established by this Court in In re Stupp, (12 Id., 501,) apply solely to extradi tion cases. The proofs taken herein were taken before a referee, and have not been submitted to the Court, but the respective parties have stipulated in writing that the facts involved in In re Peter Coleman, on Habeas Corpus. these proceedings, are as follows: Peter Coleman was born in Prussia. He is now 34 years of age, having been born in 1844. From 1846 to 1860, he sailed to and from Liverpool in English bottoms. He arrived in this country in 1860, in the capacity of an ordinary seaman. From 1860 to 1863, he sailed to and from New York in American bottoms, living in the city of New York when in port. In February, 1863, he gave up going to sea, and has since resided continuously in said city. The certificate of which the following is a copy was given to Coleman, October 15th, 1868: "United States of America. State of New York. City and County of New York, ss: Be it remembered, that on the 15th day of October, in the year of our Lord one thousand eight hundred and sixty-eight, Peter Coleman appeared in the Superior Court of the city of New York, (the said Court being a Court of record, having common law jurisdiction and a clerk and seal,) and applied to the said Court to be admitted to become a citizen of the United States of America, pursuant to the provisions of the several Acts of the Congress of the United States of America, for that purpose made and provided; and the said applicant having thereupon produced to the Court such evidence, made such declaration and renunciation, and taken such oaths, as are by the said Acts required, thereupon, it was ordered by the said Court, that the said applicant be admitted, and he was accordingly admitted, by the said Court, to be a citizen of the United States. In testimony whereof, the seal of the said Court is hereunto affixed, this fifteenth day of October, one thousand eight hundred and sixty-eight, and in the ninety-third year of our Independence. (L. S.) By the Court. James M. Sweeney, clerk." Coleman testifies that his witness "was a man named Sandy Holland, who went by the nickname of Swain." Coleman offered himself for registry at the place of registry in the eleventh election district of the second Assembly district of the city of New York, on the 25th of October, 1878. At that time he produced, for the purpose of enabling him to be so registered, what purported to be a certificate of naturalization issued by the Superior Court of the In re Peter Coleman, on Habeas Corpus. before the 12th day of October, 1878, and surrendering such certificate, if, upon examination, it should prove to be fraudulent. Commissioner Davenport has this day officially informed me that more than two thousand persons holding such certificates have presented themselves to him, since my said notice was given, and have voluntarily surrendered such certificates. At his request, and in order that full opportunity may be given to those who may still be disposed to obey the law, I hereby extend the time within which persons against whom such complaints have been made, may appear before Commissioner Davenport, at his said office, and surrender such certificates, if, upon examination, they shall prove to be fraudulent, until Friday, the first day of November, 1878. For the convenience of such of the accused as are laboring men, the U. S. Commissioner's Office will be kept open for the transaction of this business until half-past eight o'clock in the evening. Stewart L. Woodford, U. S. Attorney." Coleman, upon being so challenged, was examined under oath respecting his claim to naturalization, and his right to said certificate, and took the statutory oaths for a challenged person, whereupon, such oaths being taken, said Coleman was, in compliance with the laws of the State of New York, duly registered by the inspectors of election. The only book in the office of the clerk of said Superior Court containing any entry in regard to the alleged naturalization of Coleman, is a book having pasted on its back labels. of leather and paper, with the following words printed or inscribed upon them: "Naturalization Index, October 12, 1868, to October 16, 1868, Superior Court." The entry in said book relating to the case of Coleman, was as follows: Oct. 15 Coleman (min.) Peter Queen of England Dwain, Edward 339 Water, N.Y." In re Peter Coleman, on Habeas Corpus. There is, in said book, no other entry relating to the case of Coleman, and no other matter except similar entries relating to other persons. Said book contains about 350 pages, and purports to cover four days, from October 12th, 1868, to October 16th, 1868, there being 35 names on a page, and 5,672 names in the book. With reference to the 15th of October, 1868, said book contains entries relative to 951 other persons besides Coleman. In the month of October, 1868, and prior thereto, there were, and, since that date, have been, several record books belonging to said Superior Court, entitled "Special Term and General Term minutes," which were minutes kept in the manner that Court minutes are usually kept, and there is no reference to Coleman therein, nor any mention of any matters relative to the naturalization of any alien, except as hereinafter mentioned, that is, before 1859 and since 1873. Among the papers on file in the office of the clerk of said Superior Court, is an original paper of which the following is a copy: "Superior Court of the city of New York. In the matter of Peter Coleman, on his application to become a citizen of the United States. Minor. State of New York, city and county of New York, ss.: Edward Swain, of 339 Water St., being duly sworn, doth depose and say, that he is well acquainted with the above-named applicant; that the said applicant has resided in the United States for three years next preceding his arrival at the age of twenty-one years; that he has continued to reside therein to the present time; that he has resided five years within the United States, including three years of his minority, and that he has resided in the State of New York one year, at least, immediately preceding this application; and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same; and deponent verily believes, that for three years next preceding this application, it has been the real and honest intention of the said applicant to become a citizen of the United States. Edward his X mark Swain, Sworn in |