The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-13
JOHN |. DAVENPORT.
Petition of Naturalized Cit
liens to Congress.
THE STORY OF AN ELECTION DAY.
Alleged Intimidation by the Su-
pervisor of Elections.
ARRESTS WITHOUT WARRANT OF LAW.
Terrible Record Of Hard
ships Endured.
GROSS PARTISAN ACTION CHARGED.
impeachment and Removal
Demanded.
Alleged Intimidation by the Su-
pervisor Of Elections.
ARRESTS WITHOUT WARRANT OF LAW.
Terrible Record Of Hard
ships Endured.
GROSS PARTISAN ACTION CHARGED
impeachment and Rem,
Demanded.
Removal
FROM OUR SPECIAL CORRESPONDENT.

FROM OUR SPECIAL CORRESPONDENT.
WASHINGTON Dec. IL, 1878.
Mr.. Wood caused a breeze of excitement in the
House this morning by offering resolution provid
ing for the investigation Of the conduct Of John l.
Davenport in connection with the recent election in
the city of New York, in the following words -
Whereas it is alleged that at the election held in
the city of New York 5th November. 1873, United
Supervisor of Election for the Second Judicial District
guilty Of illegal, unjust and oppressive exer
else Of pretended authority in causing the arrest
offence. by which he deprived them Of the right to
vote and subjected them to indgnity, insult and in
timidaton, without warrant of law or justification;
which arrests have been declared illegal in test
case by Judge Of the Circuit Court OF the United
Eates and whereas if these allegations be that
officer should be forthwith removed and punished
Resolved, That the Committee on the Judiciary be
directed to proceed, without delay, to an nvestiga-
hoL of the conduct Of said Davenport at the time
aforesaid with power to sit in the city Of New York
by sub committee or otherwise, and that said SUBJ
committee shall have all the authority of the whole
committee for said purpose. with power to admin
lister oahs send tor persons and papers, to sit during
the sessions Of the House and to report at tme
REPUBLICAN OBJECTIONS
Tho resolution was accompanied by petition
numerously signed stating the matters Of grievance
Objection made by Mr.. Conger. and the petition
was not read.
that Davenport was not an impeachable officer.
and suggested that the resolution should be
laid over to enable members to examine
it's scope and satisfy themselves whether is was
question Of privilege, and also whether Mr.. Davcn-
port was civil officer within the meaning Of the
fourth section Of the constitution.
SUGGESTION PROM THE SPEAKER.
The Speaker suggested that as the resolution pre-
scented very important question it had better lie
over to enable him to examine authorities on
tho subject, and the resolution is now in .
position to be called up at any time. It
10 not likely, however, that the Speaker will
rulo on the point before Monday. 1t is generally
to be sound that the Speaker cannot be asked
decide the question whether q given person is i'm
peachable by the House, and it has usually been held
that tho Speaker cannot decide question of the priv
leees Of tho House. Mr.. Wood means to press tho
resolution vigorously and is determined il possible
TO expose and to be punished what he regards
~ an illegal interference with the election in New
York city, But he will not Of course interfere with
the convenience of the Speaker. When the matter
comes up again it is likely to lively debate.
THE PETITION.
The following is the text of the Petition
To THE HONORABLE THE HOUSE OF REPRESENTATIVES,
THE UNITED STATES
The undersigned would respectfully represent that
on November s. 1873, election held in the city
and county of New York for Mayor District Attorney
and other county officers and for members OF Con-
Gress and Of both branches the State Legislature
While the city of New York is usually democratic by
large majority. on this occasion combination had
the democratic party in favor of the candidates for
most Of the Offices, and the election closely
tested.
STATE AND FEDERAL ELECTION LAWS.
BY the election law relating to New York city, all
voters are required to register in their several eec
days OF October preceding the election. and IL
adopted citizens. to exhibit when registering. to
the inspectors OF election, their certificates OF natu
rszation and the latter required to enter in the
registration books, the court in which such parties
we're naturalized and the date of their certificate
BY the United States election law q Chief super
visor of Elections is appointed In oil large cities. who
In required to be United States Commissioner and
who holds his Office while faithful and capable"
Revised Statutes sec. 2025.) Whose duty it ia Ito
prepare the necessary blanks present to the Circuit
ane se s Of the
voters and the names Of those whose right to
vote Is honestly doubted 70 Dc verified by inquiry at TIER
of marshals and all other papers referred TO in tho
statute lsec. 2026).
LAW REGARDING NATURALIZATION.
By the act Of Congress- July L. 1870 it is declared
to be . felony
IG-For any person to falsely personate another in
naturalization proceedings. falsely make, forge or
counterfeit any certificate Of naturalization, or sell
any such paper. Revised Statutes, 5.424,.
Second-For any person to use any certificate OF
naturalization k,,otcing the be forged coun-
Seren dnedatsd, k.asicsag the ~ haze been
OheT7ctss uuLrsrfuuu 0bkdlno1,
without lawful excuse knowingly to be possessed of
any such paper. Revised Statutes sec. 5,425)
Third-For any person in any manner to use for
the purpose OF registration voter as evidence
Of right to vote or otherwise unlawfuly any order.
certificate of citizenship, Judgment or application
n any or or 20 70 y
lion has been rnid'cfuRy ISSUED or made uscvised
Statutes, sec. 5.426
According to the census OF 1876 the number Of males
the age OF twcnty-onc residing in the city of
First-Naturalized citizens. 1.179
Becopd-Saivc born citizens. ............... 9O.973
Third-Alicns.. .............. 4S,305
Total. 2so,4S7
The majority OF these naturalized citizens, IL was
well known, were democrats aud would vote for the
~ be filled at the November election.
DAvENpoRr's OPERATIONS.
During the year 1878 and previously john l. Daven-
port, United States Commissioner and Clerk of the
Circuit Court Of the United States for the Southern
of New York, and had in his employment Stephen
Mosher.
Among tho i410oO naturalized citizens entitled to
vote in the city of New York were large number
who had been naturalized In the different courts OF
the city during the year 1868 Commissioner Daven-
port. taking advantage of the fact that number OF
naturalization papers were known to have been OBJ
tanned by fraudulent practices during that year by
persons who had not resided sufficient time in tho
country, and that certain amount OF suspicion, In
the public estimation, was attached to certificates
bearing that date. formed deliberate scheme to in.
timldate all persons nsturalizcd during that
year, whether guilty of fraud or not,
from exercising the right Of suffrage. know
ing that the majority Of such persons
were democrats. He therefore caused notices
to be given that all certificates issued during that
year were Illegal and particularly those issued out Of
the Superior and Supreme courts of that city, not
upon the ground that these certificates had been OBJ
tanned by false personaton, perjury other fraud
but because the clerks of the courts after administer
ing the oath OF had neglected enter
in the minutes thereof the admission OF the person
naturalzcd in what he tDavenport) considered to be
the proper form.
METHOD OF NArURALIzATIor.
The method of naturalization thus objected to was
not new, neither was IL confined to the year 1865
In the Superior Court the practice was one that had
prevailed during fifteen years, from 1863 long before
any suspicious Of improper practices had he'd TO
any the Justices OF that court TO 1873 long after
they had ceased Under IL 10000 citizens including
over one thousand women, had been nsturazed dur
1ng this period, all Of whom. the objection made to