New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-10-26
MIR. COMMISSIONER.

States Commissioner III this city, most people
who kew him were greatly surprised. lie Is
n youtI without experience in the law, with
ont reputation of any kind, without personal
advantages, without manners, and without
even military record. But he was wanted
for dry work, and the result has shown that
the Administration was not deceived in choos-
ing its instrument. He has carried indecent
zeal to such an extreme that he has made the
very dice of United States Commissioner con-
temptille. The law under which he processes
to act is open to all manner of OBJ
iectiona 1t is violently opposed to the
spirit Of republican institutions. 1t is of
doubtful constitutionality And finally there
are stpng reasons for holding that the provis-
ions UPON which Davenport relies for authority
in his hgh-banded measures have been repealed
by subsequent legislation. Under these cir
cumst;nces it was the obvious dictate OF pru-
dence to enforce the law with extreme eau
ton md courtesy. Davenport, on the con-
trary has strained it to its furthest limits, and
has inmlted the bar and the citizens at large
by his overbearing manner and his ridiculous
ASSUMPTIONS of authority. 1t was an atfrOnt
to the people of New York to give downy
stripping of this kidney such unheard of power
over tie personal liberty Of respectable In
habitans, and if they bear with him much
longer ne have greatly over-estimated their
spirit.
Davenport, besides being United States
Commissioner, is Federal Chief Supervisor OF
Elections. In the one capacity he instructs MS
deputy marshals to force their way into peo-
ple's houses at unreasonable hours of the
night, {, worry them with impertinent ques-
tons and to arrest every man who refuses 10
submit to such outrages; in the other, he
Judges he prisoners thus apprehended, com
mits them to prison in defiance of law refuses
them .peedy examination, and boasts that ne
means t, do in the matter just as he pleases.
Thus he is both judge and constable, and hav-
ing concentrated all judicial and executive
powers his OWE hands, he has reason to
threaten that "anybody who resists his men will
" get into trouble.n His whole course has been
so monstous that it seems inyidious to single
out SPECIAL cases for condemnation; but the
Heinrich business is so very bad that 1t may
be worth while to give it few words OF re-
view
BY the old Enforcement law of 1871, the
deputy marshals appointed in cities having more
than 10000 inhabitants have authority conveyed
in general terms to "verify the registry" and 1t
is made a misdemeanor to ObstTuct them In
the discharge of their duty. No power is con-
ferred to make dOmiciliary visits, and it GER
tainly was not the intention of Congress to
authorize such a gross violation of the sanctlty
of mans home though the manner in which
the "verifcaton was to be effected was UNI
fortunately not defined. But whatever the
law of 1871 may have implicitly sanctioned,
the supplementary and amendatOry law OF
1872, extending the Enforcement act to all
parts of the country, is very strict in declar-
ing that "the supervisors herein provided for
" shall have no power to make arrests or to
"perfOrm other duties than to be in the i'm
mediate presence of the officers holding the
election, and to witness all their proceedings,
including the counting of the votes and
" the making of return thereof" The
deputy marshals derive their authority from the
supervisors. If the supervisors cannot make
arrests they cannot delegate the power of ar
rest to the marshals. Now what are the
supervisors herein provided for" The Adj
ministradOn pretends that this expression re-
fers onlT to the additional supervisors ap-
pointed Inder the amendment of 1872-that is
to say, those in country districts and in towns
of less than 10000 inhabitants. But, as we
showed some weeks ago, it refers to all the
superintendent merely those appointed under
the am.ndment, but to all appointed under
the act as amended 1t was so distinctly stated
in Congress when the supplementary and
amendajory clause was passed, and if that had
not beel the understanding the bill could not
have ben passed at all, tho Democratic and
Liberal opposition finally cOnsenting to the
extension of the law on condition that O
proyis0 should be inserted which took away
It's most Objectionable feature. Nevertheless,
Mr.. Davenport chooses to assume that the re-
pealed provisions are still in force, and under
that assumption he ordered on Saturday the
arrest Of Mr.. George A. Heinrich for ordering
an insdent marshal out of his house. Mr..
Heinrich, who is, we are told reputable and
substantial citizen, was taken before Daven-
port, at the Fifth Avenue Hotel, early in the
day. III, was accompanied by wealthy gen.
tleman prepared to give bail. Davenport de-
manded bonds in the amount of $4,000,
and 70, some reason best known to
himself refused to take the qualified
surety offered by Mr. Heinrich, and
ordered the prisoner to be conveyed to
Ludlow-It. jail There he was detained
two days, notwithstanding that other and
sufficient sureties offered themselves in the
mean tine. On Monday Davenport con-
Guided to accept the bail which he had ille-
gally refused on Saturday. Mr.. Heinrich,
through his counsel, demanded an immediate
examination, but the Commissioner peremp-
torily denied it, and set down the case for
Thursday. On Thursday the Commissioner
was still unprepared TO go on, but after an
hours private conference with the chief wit
ness for the prosecution, summarily adjourned