New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-17
THE XTth DISTRICT FRAUDS.
THE CONTESTED ELECTION CASE or VAN WICK
vs.. GREENE.

:. Greene. the present holder thereoi-appears ou'
la development Of gigantic system OF iraud n"hnou
g. ,ho Demosrac State leaders preparatory 10 tue eco
ins Of 1868 With the apparent object to fach'a'o 'E
-, ,,ropcli fraudulent naturalization, M b. Chani-
an Attorney General Of the STATE Issued OH o'| wv
that year circular for the benefit OF inspectors anu
,cc,stration officers, ia which he mado tue IooN"s
statement: -
Ts Law does not require ns,urssd either IN sSy case TO present
III, s,e Of Inspectors on Offering h
vote or eeeonla Board have no legal authority 10 require
On Offering bis cbseuge be is osy required 70 "ke' p
,psr, oath oil questions authorized TO be pu ~
under tst oath siwmssrsi as to his ultimate s " ' NV
r. ,.x, b oneou not refuse to answer 'len ne ~
although cisergs withdraw sill entitled TO "'e u" wa
take soud the general ube offers to take the genera n
must be almsered sBd bis vote cannot "u taking such an %
t any rams. he rejected object Of the preliminary oa'n
to eci, facts upon Offering bis vote may oe
.yt rglt. But such controlling The right win Tue
ee,or to jore Qualifications voters and he' "s
gesrral oath his vote received by the BoarL
He then stated his opinion that papers properly
sigued by the clerk and stamped with the sea Oh lho
court could not bo refused on suspicion OF fraud lho
Democratic Central Committees of Orange ana SuhVah
Counties improving the Attorneys language III
dTeeness, issued 0h Oct wa eneuiaE' VI "iA'" wv ava
lowing is an extract; 49,.
.,ii, An oritiou u the Of this State given
October The law does not require na'ar"lied 'io'
present Bis certificate Of naturalization 70 e o.
s7eoo Offering election day Such Board bias no s
o.d n bis vote he Challenged demand that the general
cath he ofeBg bis vote takes 'h' "n
h. vo, Bt he received By Inspectors The preiHHorg oah "efd
NOT b. gen frtA ro take TIE general oath and when To"
cb t1l required TO oH'or any far@r questions ana
,,rssn has aav rgA4 g. pat Other questions 10 him
The law which relates 10 preliminary oaths ana Wheh
these Efforts were made 20 eircumvent' Is this;
src IL person vote at election shall be eoa
lssgi In relation vote that election BY su Inspector OF
M ar o.he persu entitled vote at the same poll one INC IN
t4ctors shan teor tbe following preliminary oath;
oYr DO swear tor an m Will fy and truly answer oil such
question, shs put you touching place Of residence aud
Clsi6cstions eleeior"
n, The .peetor. or one them proceed question
the person Challenged relation to bis name tbsn place Of residence
how long he resided tue Nad where bis vote offered
.hat Of bis before he came uo that toSF
ward aud also as his citizenship and whether native nsara
id ereu latter h Where aHd In t0Faf court or eors
ha oer nu4rad whether he came into the town or ward
for the purpose that election how long he eosmpse re-
,lug in the sod all such other questions " mas teDd to
test his qualifications Of The ward citizenship aud
rIght o at that poll.
SEC IS rapv shah reflss to take preliminary oath
rendered y questions Which Sian be SO PM
10 hin, HI. rOte shall be rejected
BY the evidence laid before the House Committee on
Elections and By the admission Of the cOnestee himself
there were naturazed in the County OF Orange of
those composing the XIh Congressional District In the
months of September and October 1863 S5 persons The
majority returned for the contested S23 Tho con-
testant Wan WycB charges raud and egay In Issuing
naturalization papers, and Illegal voting, and that the
OF Election and Inspection OF Registry acted uh-
lawfully and fraudueuty.
The eontestee denies all the allegations though he ad
Ints that the naturalization irregular, ana III his
answer charges fraud and egalty issuing natural
!zatiOn papers IN the interest OF the contestants Illegal
voting and the use.of money Drbug voters. by con-
tcstaut and friends The question as to the legality OF
tho naturalization. admitted by the cOntestce as
irregular, stated By the Committee depending upon
the law decided 10y the Supreme Court OF the
state OF Now-IOrk Barbour's Reports vol xviii
T. f4O. In that the Court said tho
tho powers Courts admitting aliens tie rights
OF citizenship are judicial ministerial clerical
and consequently cannot delegated TO the clerks
must be examined Icy the Court itself An examination
must be made each sufficient satisfy the Court
of the facts upon which the application based and upon
which fail not proven to tho satisfaction Of tho
Cont The Court in the adds: The practice
Clerks of Courts issuing certificates OF citizenship with
out any application being made to tho Court proof OF
residence only. abuse which needs be corrected 1t
appears that this Law only dsregarded but that
tho RbuScs-W further than the law locked.
Tho CONTESTED, In explanation OF the extra
ordinary number naturalized in Orange County.
states that onctld came from counties outside the dis
t1ct aud refers To the testimony Of Louis Cuddeback
Cerk OF the county, TO sustain his statements but mas
much Cuddoback Issued only about 200 out OF the
certificates, the rest being done by his deputies and
special deputies the Committee consider him in.
competent testify that point. Now the issue OF
naturalization papers by the County Clerk alone is an
abuse, according to the decision above quoted but IN this
case there abuse OF abuse in that the Clerk
delegated his falsely function deputies and
evidence presented before the Committee packed with
proofs OF legality and fraud the part of the
tostee. For instance, the name OF Patrick OBren Is
given witness for 81 persons to obtain their natura
cation papers. Says the report:
Tho esdsuee there are four Patrick OBrsp,
they their being Aforesaid Patrick
witness Tor three Patrick No witness any
ere dice ed o. P,,des oByss The proof f, and .ic
ory establishes that the clerks and deputies
S P s q & @ e. p Sss @ fss ssss SSsS,i
back gzdr rule visit sad aud bow they getug
goug the waercoset be would call jury
sgd si The Jge took no Part the business Owen py
brought ny Wagons
The aOay the suret Of natural Iicn full clearly
establishes totally Gisegsried
psed TIE clerk aud AL bis deputies regular aud special Dem
sPps FROM The evidence that before the s election, pnohc attention
30 aid Ceauty Orssge
@ have The sa a,elsAi1 Gaod Jury tbe County and that
Dsrct Attorney would cases
sad bad destroyed part Of ib. testimony taken before the sud
And tho es oa circumstances warrant the assertion that the Demo
Three witnesses testify that they and Others were not
even sworn Ia taking out their naturalization papers
lion papers for other persons than themselves; that
aliens instead ~ citizens allowed be witnesses
thar some persons had only TO make known their desire
Tor papers 20 them that second papers granted
when records IA the County Clerks Office and papers
Showed two had not interviewed that naturalza-
that papers also issued by the clerk blank and
filled 10y outside parties. Papers fair their face bear
lug the seal of the Court and the signature OF Clerk
could easily be obtained At Port Jcrvs papers were IN
trOdncod an tan cream OF tartar box, and one Tracy,
Democrat. sWears:
place I'm by parties received
~ stating receive thu boz and
TIE iaraceas parties wosn call for these papers, and IL
ae9 he ts' 60 basS e papers to the parties bat TO leave them
tie Hoa
selTeE eh The box n tbe houi shop. a. directed
Witness he always managed 10 get ont Of
wal