The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-13

these certificates correct aliens and without
right to hold the property they had since acquired.
BEroRE SUPERIOR COURT.
This question. far as the action of the Superior
Court WAS concerned. was brought before Hon. John
j. Freedman, one OF the Judges OF that court at a
special term thereof held October Is. 1873 upon the
petition of several parties naturazed during the
1868 to have the record Of their naturalization
amended so as to correct the defects complained of
by Commissioner Davenport, and upon notice to the
United States District Attorney for the Southern dis
trict of New York. After careful examination
of all the authorities Judge Freedman
dered an exhaustive opinion. deciding that
the method of naturalization complained of was law
full and regular and, therefore, declined permit the
amendment asked for. At the same time he stated
that case of actual fraud was brought to the
notice of the Court it would at once vacate any
tfcate of naturalization founded upon it. No at
tempt was ever made by Commissioner Davenport or
any other court and up November s. 1878 the day
OF election. this remained the only known judicial
decision upon the subject.
VOTERS INUNDATED
The fear that Commissioner Davenport would take
some such course he actually did take deferred
large number of citizens naturalized during the
1868, from registering While there were about ten
thousand of them who registered in 1876 in 1878 the
however. register upon different days, the first day
of registration being twenty days before the day
of election, the second nineteen days the third ten
days and the fourth and last being nine days. Some
of these men when registering told by the
supervisors Of election appointed by Commissioner
Davenport that their naturalization papers were
irregular, others were not. In the super
visors took the papers by force from the voters
:, Many Of them thus notified made inquiry at the
that their papers were legal. Judge Freedman's
opinion being considered conclusive.
THE PRINTED COMPLAINTS.
On the Sd and 4th days of November, 1873, the
day preceding the election. Commissioner John
Mosber sxear before the n said
400 printed complaints against the persons regis
tered as voters in the different election districts in
this city as having naturalization papers issued in
the year 1865 charging them with having ION of
the days of registration, for the purpose of register
naturalization knowing that it had been ,inlawfuliy
issued or made, but containing further particu-
lars said Mosher having and being known by Daven-
port to have no knowledge whatever Of the parties
or or the facts except such as he might
have obtained from copies Of the registry
lists" On each Of these so-called complaints"
many of which he admitted upon his recent exam
ination in court that he did not read Commissioner
cused and placed the same in the hands Of the
shals he had detailed to the various polling places in
the CITY, so that they were there ut the opening of
the polls the proceedings being kept strictly secret
DEMOCRATS DRAGGED FROM THE POLLS.
As soon as each voter who had registered upon
was arrested and dragged from the polls unless
known to be in favor Of the combination ticket when
he was not molested. Early in the day the men
When this result had been accomplished those COM
ing later were told that II they did not vote they
rested taken in the first place to the republican
headquarters Of the district and from there to Daven
ports rooms The others were taken there directly.
SLAVE PEN.
On the upper floor Of the Post Office large "slave
PEN had been provided into which these men, guilt
less Of any crime. thrust like wild beasts until
it was packed with struggling Of suffering hu
manity. and there they were kept in this condition
for hours without food water. In addition to
those thus confined the court rooms of the Circuit
Court were crowded with other prisoners waiting the
slow process OF having their disposed of by
three Commissioners-Davenport, Deuel. and Shields.
There several other Commissioners in the build
tanned. but these cases were only brought before
these three, ono being the instgator of the whole
proceeding and the other two clerks employed by
him in his Office clerk Of the United States Circuit
Court and therefore subservient to his WILL In ad
dition. it was physically impossible for these three
fore them during election day.
DAvENpoRT's PROCESS
The process pursued in the majority Of the cases
was uniform and evidently agreed upon beforehand.
The men we're called up one by ono and asked
number Of questions particularly II they had voted.
they had and If their naturalization was
regular According 10 their statements they were in
formed that If they waived examination they
would be released upon their own recognizances to
await the scon of the Grand Jury and were accord
ingly discharged. If it appeared not to be regular
they were held to bail. II they had not voted they
varying from 81 400 to $4,000, unless they would
pledge themselves not 70 vote, being also told that they
would be arrested second time II they broke their
promises it having been previously announced by
Commissioner Davenport that he would exercise
what he termed his legal right Of taking
which might be offered, and would commit the party
arrested in the meantime. This equivalent to
at day IL they refused to give the Seoared
pledge, and with more or less demur, il given
by all. Nor the threat Of punishment for its
HOW A VOTER WAS PUNISHED.
Patrick Whelan, who was brought before Commits
soner Deuel. election morning and released after
his pledge had been extorted from him. voted in spite
of il. He was ut once arrested and brought before
that Commissioner who asked him If he had voted.
,lsC1t 1afG had rt.
done he did not consider promise obtained
his had been binding. Bail ut once
q well known and responsible business man,
personally acquainted with Mr.. Davenport.
Commissioner Deuel. cvaded the responsibility by
sending the matter before Davenport himself. The
latter stated that he would hold Mr. Whelan in 5000
bail to await the action of the Grand Jury. Mr..
Foley ut once signed bail bond in that amount and
justified the holder Of unencumbered real estate
in . sum tar exceeding IL. Mr.. Davenport however,
stated he should take time to examine into his SUM-
cheney surety and sent Mr.. Whelan to jail Sew
era hours later counsel inquired il he would not
ccpt the ball. and entered formal protest against his
conduct His only reply was that he intended to
take his full time and It not until the following
Thursday that the bail was accepted and Mr.. whelan
released.
All through the day the examination dragged along
slowly possible ten men being brought in under
arrest where one man released until after the
closing OF the polls. when the remainder
leased in mass
CHARACTER or PERSONS ARRESTED
Tho persons thus arrested and incarcerated for
merchants to day laborers. Among them were
number OF soldiers aud sailors who had been natural
lied upon the honorable discharge they had received
from the army and navy. One of these had lost his
right arm, but even he not released until he had
promised not to vote, the Commissioners naturally
having great trouble in explaining to him why he
should not he allowed to exercise tho right of cit
zen. for which he had shed his blood
CONSEQUENT HAnpsHTPs,
With scarcely exception the persons arrested
had gone to the polls with tho idea of only being
there for a few moments. aud their arrest caused
great hardship. some had sick and even dying rela
tiyes who needed them. or were sick themselves;
others would lose their situations by their absence;
ing in the streets and did not know what had become
OF them; many wero lightly clothed and suffered
from the exposure. In short, every possible injury
that could be imagined. from the sudden arrest of
this great number OF unsuspecting citizens in great
city, was suffered by these men.
EVIDENCE OF INTIMIDATION.
The actual personal wrong sustained by those thus
deprived OF their liberty was not the whole Of the
injury inflicted by this procedure. The news of
these arrests spread like wildrc through the city.