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


fee building and discharged after it was too
late for them TO vote and without any exanna,on
of men who arrested and were discharged by
the marshals by the supervisors, at the repub-
lican headquarters to which they taken, either
their agreeing not to vote through influence or
various kinds. Neither does il include the persons
arrested and taken before Commissioner Apgar in the
upper part of the city The better opinion is that
the number actually arrested was about one Thousand
fifteen hundred.
ARRESTED WITHOUT CHARGE.
The proceedings of Davenport and Mosher in OPP
position to the right of personal liberty show that
oned against whom charge whatever existed. The
certificate of Michael Lawless dated in 1850 and
that Of Johannes Marks in 1873 The certificate or
naturalization OF Edward Roach. though dated III
1868, was duplicate of one taken out the year be-
fore, and there were many such cases Other men
arrested who naturalized in the Superior
Court of the State of Connecticut in other courts OF
other States and in the interior Of New York
But all were arrested the same way and upon the
COMMENT UNNECESSARY.
1t is scarcely necessary to comment upon the gross
strument, Mosher. The law under which they pre-
tended to act simply covers the unlawful use Of
that it had been unlawfuliy made. Conceding every
thing asserted to the action of the courts in iss
ing these certificates of naturalization, they were
simply irregular, not unlawful They were
taken out ten years ago. by parties who
knew that they had complied with the law.
and did not and could not know that the al
legged irregularities had been committed by
the clerk after they had taken the oath. They had
also been informed by the decision Of the Court
uralizing them that their papers were regular. How,
then could IT be said that these papers illegal
that they had used them knowing them to be illegal?
Interior purpose but solely with honest desire to
enforce the law, why did ne not cause one or
more Of these parties to pc nssr on
month before the election. SO as to present
test for decision by United States Court. But
without regard to this insist that in the absence
of any decision specifically declaring the Of these
certificates unlawful, if such a decision had
existed the issuing of 1000 warrants secretly at day
light election morning for the of that
Der of the republics citizens was Judicial outrage
which has had no parallel in this country:
If it had taken place in England it would
have resulted in the overthrow Of the party response
BILE for it, In Paris it would have produced revolu-
ton. Is it to pass without notice in America
THE COMMISSIONERS ILLEGAL ACTION.
The conduct Of these Commissioners subsequent to
the arrest OF these parties illegal as the issuing
crime in registering they should have been held to
bail. No other crime was charged against them. and
the Commissioners had no right whatever to exact
promise that they would not vote. any
other promise, as condition OF dsscharging
the crime with which they were charged Their
action reduced to an absurdity by their dis
charging the men who had voted and holding those
who had not voted to bail, inasinuch Us those who
had voted had committed second crime and were
more deserving of punishment than those who had
not. Again. IL the crime was serious enough to de-
serve the secret and summary arrest Of 1000 men.
why it that they were discharged upon their own
recognzances after they arrested? Is not that fact
in itself sufficient to stamp the transaction as in
tended for intimidation.
CURIOUS CONSTRUCTION OF LAW
The manner in which these Commissioners con-
strued law may be estimated from the conduct of
Commissioner Deuel. in the cases OF prisoners who
were charged with using certificates OF naturaliza-
ton unlawfuy issued to them, and where it
shown that certificates had been destroyed long
previous to registration and that the accused had
izstion On the point being raised by counsel
that they must be released because charged
with an offence they had not committed ssl; il
that they had practically used the certificate
although It was conceded not to exist-and were
therefore within the meaning of the law.
MORE ARBITRARY ACTION.
The arbitrary action of Commissioner Davenport
was not confined to the cases Of naturalization For
example, there in the Bellevue Hospital some
twenty-five voters known to be democrats, who
cnpied various positions there as assistants and
for years registered and voted from that
place. The question IN regard to their night
the election Of 1875 and Il was decided by the United
States District Attorney that they had legal resi-
dence there ana they were permitted TO vote which
States" No. 2ls Forty-fourth Congress. p. 65.
Late the night previous to election two Of these
men arrested and brought before Commissioner
Davenport. They were both natives Of the State;
was o carpenter in the hospital and
the other sn assistant n th tine asp ra
$4,000 each. He was reminded that he had conceded
with the views Of the District Attorney in 1873 that
cded that they could not vote and stated that war
rants issued against all of those residing in the
nSspa ana tnas tncy w . DC arrested ,nss
consented, favor. to accept the bail offered him
and discharge the men, but warned them that on the
next day, election day., If any bail was offered. he
would take his twenty -four haurs to examine II and
would commit the men in the meantime. He was
asked IL he would accept money securities in lieu
Of bail, and that If he would it would be furnished
but he refused to do so.
THE PETITIONERS
NF
persons who thus arbitrarily arrested and i'm
prisoned on election day. Every Of them,
legally naturalized and complied with every part of
the law. Among their number Matthew Cole was
q sergeant in the Fifty-eighth New York volunteers
and lived for eighteen years in the United States.
He obtained his naturalization papers upon his
honorable discharge, after having served four years
in the army. He arrested election day and
sent Ludlow Street Jail, where he remained several
days. his wife and four children in the meantime
starving for want of his daily earnings.
Thomas X Hughes was not only wounded, but was
taken prisoner during the war. George Hills, Richard
Degan. p. J. Dugan. Adoph zenzemer, John Cunning
naturalzed upon their honorable discharge from
the army navy. Some OF them came to this
country more than thirty years ago. For ten years
they have all exercised the rights of citizens Many
Of them have acquired real estate under the faith OF
their citizenship; they have rendered to the govern
ment all the duties which IL has required OF them
as citizens, and they appeal to the Congress of
the United States. rs representing that government
to know whether the rights thus obtained are to be
States Commissioner, and whether the privi-
lego of naturalization, accepted by them i'll
the belief that IL would be shield to
them American ctzens, is to he converted into
instrument of oppression, and whether they are not
only to lose their citizenship. but to be adjudged
criminals account of an alleged technical error by
the clerk of the court in which they naturaized
of which they were entirely ignorant. which oc-
Cured after they took tho oath OF citizenship and
ceived their certificate OF naturalization, and which it
was not possible for them to control
REQUEST or THE PETITIONERS.
Thoyw ould therefore rpspectfrllly AL that
honorable body will take such steps may be
sary to cause immediate and thorough investiga-
ton into these transactions and IL the facts proved
substantate the assertions contained in this petition
that you will Commissioner John !. Davenport
and his associates to be mpeached and removed from
Office.
All Of which IL respectfully submitted.
THOMAS X. HUGHES, GEORGE Hills,
MICHAEL LAWLESS, MATTHEW KELLY,
PATRICK GREEN, THMOAS BRYSON,
ABRAHAM SELIG, ABRAHAM WOI.TMAN,
GEORGE SCHMIDT, JOHANNES MARKS,
MICHAEL GAGAN, EDWARD ROACH,
ANDREW FOX, WILLIAM OROURKE,