Speech #500010051

Without a jury there could be no verdict. and without a verdict the attorney of the plaintiff had no right to enter up a judgient. In that case the court distinctly decided that the proceedings of a court of record could be proved only by the record itself. or. of course. by an exemplification of the record. It is claimed here that contestee had a certificate. but even if a certificate is introduced. if it be shown that there is no record to support it. the certificate of itself does not prove naturalization. This brings me back to the point which I asserted at the outset. that it is the judgment of the court which confbrs naturalization. and that at most the certificate can onlybe evidence of that judgment. I read now from a high authorityMcCrary. section 56. McCrary says: Application for naturalization must be made in open court. and evidence of residence. etc.. must be taken by the oral examination of witnesses and not by lreviously .repared affidavits. Certificates of naturalization issued by the clerk of a court. without any hearing in open court. are void and confer no right of citizenship. In Taylor vs. Henry. 2 Pick.. 397. where the record of a town meeting failed to show an adjournment. the court held that parol evidence of the adjournment was not admissible.