The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-16

missioner Davenport on his examination in
ioiv ns constituting the reason Tor his action in
day OF election is fully set forth. All tho legal
authorities on which he relied. or rather which
on pages &c and 81 .of this report Even his
kranu discovery Ot 1878 ns to the ncces.,.- - ~
record appears thero ut full length With ali
.hls nriore u. nll that Congress did WAS to pass
the Federal Election Inv OF 1871 under which
Mr; Davenport was in that same year appointed
onlei supervisor Of Elections position he has
Since then from time to tlme. at various cleo
tons. Commissioners Davenport has caused
persons who registered on 1868 papers to bo
challengcdy and reqdiicd them to swear In their
t".es. ahd has. as he stated. taken away a few
| hundred naturalization certificates.
No legal proceeding OF any kind however
was commenced by him or by any other United
suites onicial prior TO 1878 70 test the validity
person ever arrested or tried for having sucn
paper.
On this point Davenports Isworn testimony
QIIsve all the warrants that have been issued In thu.
Guy ,or violation OF the sec on laws OF thoc natura
. How. many eases have been tried on those 1858
Papers' Al DO not know Of any
He further testified that by his proceeding.
he had driven from the registry so mnny
voters having 1868 certificates ns to reduce the
| numbers from 10000 IN 1868 to 10000 In 1876"
! Undoubtedly. during these eight years most
| OF the parsons who had been Illegally natural
ized in 1865 had ascertained the fact and had
taken out new papers.
- As the regular natnralizations OF the Superior
S0ur' v' alone were io,slt ~ ~ 1857 and and could not
| seen that the 10000 remaining in 1876 repre-
sentinR as they do those naturalzed in ths Su-
| preme Court Hs woll. was below the number Of
| those that would In the natural course OF events
apply to become citizens, and therefore were
| larry entitsd To he considered honest voters.
| DavenpOrt's raid upon these holders OF 1868
| certificates began in May 1868.
In that month Commissioner Davenport di-
rected Stephen Mosher. a clerk in his employ, TO
make complaint under oath against every per
son who appeared upon the poll books for 1876
as having registered upon naturalization GER
| tnchte issued out OF the superior or Supreme
| Courts in 1868 with tho exception OF one day,
Oct. g. 1868 when six persons were naturaized
| by Judge Barnard in the Supreme Court and
whose names were, entered In the minutes OF
| the court in what MIR. Davenport conceded TO
| be the legal form. The crime charged was that
| OF registering as voter upon fraudulent GER
| uncats OF naturalization.
This was omnibus complaint covering
| 5.OO4 persons and upon 1t that number OF war
rnnts were issued by Davenport for their ar
rest 1t being found that II was illegal TO unite
| IN one complaint separate charges against 5000
| him bcforehnndl. these warrants were with
| drawn. Thereupon and In June. 1878. Mosher.
| by Daycnpor's direction, swore to $500 sepa-
sons registered In 1876.
These complaints were similar to those made
| In May. except that separate complaint was
| made against each OF the accused.
On Aug. 90 1878. Davenport wrote to the Dis
trict Attorney that these complaints had in
| creased 10 $500. and there would be / 500 adj
| dlilonhL Inc total number OF persons who
| registered IN 1910 upon rprtllcutnS oil unturall-
zation made in 1868 in the Supreme and supc-
| rlor Courts was stated 10y Davenport to be about
iOOOO These complaints therefore covered
them all excepting the six above mentioned, in
| Guiding even the 1.GO6 naturalized in other
months than October. From the omission Of
| these SIX i Is plain that the only legal point
| was that the record was imperfect In faT
Davenport stated this plainly IN q letter to the
| Attorney General on June 10. 1873.
There was another reason why II was neces-
sary that this point should be taken. which law
yers will at once appreciate. naturalization
nFOrtafl n "A IN "A aHa
| Is CONCLUSIVE upon everybody. except when at
tucked directly and in the court that made IT,
supreme and Superior Courts they alone could
declare them y9id. Or decide whether tho syi;
uence upon which they had been granted had
been sufficient This would have ended the
port issued 800 warrants 70 the United States
Marshal; some 800 OF the persons against
brought before him and, 1t is claimed, had
| what Is called an exam nation." by thus 10
meant that when they were brought before Com
missioner Davenport that magistrate. without
| calling any witnesses ~ prove that any crime
had been committed. asked them when they
| came into the country. who their witness was
| &c. and thereby induced them to accuse them
selves IA much as possible. He then Informed
| them they had committed felony but would
not be prosecuted II they surrendered their
| naturalization certificates. and when they did
| this thereupon discharged them. None OF
| these persons were indicted nor were any fur
| ther proceedings had again nst them, neither were
ans further proceed inRs had upon the rsmaini ng
| $500 warrants. DAvenports object apparently
being 10 frighten the voters without drawing too
much attention to his proceedings but particu-
lhrly 10 obtain the consent Of the Attorney
General to the course subsequently followed.
In June. 1878. Commissioner Davenport
wrote 10 the Attorney General OF the United
States stating the issue OF these warrants and
the arrest OF some two hundred parsons whose
certificates he had destroyed that he had as
certained that all the nnturalizations In 1868 in
these courts were illegal, and that II they voted
he should be compelled 70 arrest them and take
these 2. 800 eases he could obtain the surrender
OF the certificates before electon. and that this
pursue where many, OF the holders themselves
acted In good faith"
The Attorney General declined TO assume any
supervisory power. and said:
!, do, TG' s 20 me eroeSr TIA. S1%ns RrcGSta
pIr.asd and are not Intended 70 result in anS punish
msnt ths only object being % induce these person, TO
ne sy are to be S snd punished u rot
itsegnmAte purpose ef Furnishing Offenders
In a further letter to Gen woodford. the
United States District Attorney. on July 81.
1878. the Attorney General again said:
There seems be impre ssion that criminal process
& NJ seI 10 E ,ep % sH n.s 1 IN OF ords S9sns
ssinns 70 e voisr uoo9 sst,sn eernesis has or
lns found that he has eerncate which is not lawful In
y, character IN case he Is willing 20 SURRENDER IT, that
soTe dismissal q ths 9r Or aqmi'.ns lin 20 light
Inquest Of this nature The criminal law i Intended only
Tor lhe particular purpose Of bringing ,hoss wis vote
unessh- your purpose to pursue IT. aud, II possible. "
obtain verdict
This letter II will be seen. ls an emphatic
condemnation OF the proceedings subsequently
taken 10y Davenport.
AT Dayenport's suggestion. District Attorney
WoOdford. on Aug. a. 1875. published a notice
in the newspapers OF tho city stating that com
plants had buen made TO Commissioner Daven-
port charging many persons residing IN tho
district with being fraudulenty possessed OF
natural ZatiOn certificates issued out OF the Su-
preme and Superior Courts in 1868 which was
an offence against the laws Of the United States
that many persons were ignorant or m6led, and
in order that no Injustice might bo done to any
person willing 10 obey the Inv. such persons
could avoid arrest and prosecution by appear
ing before Commissioner Davenport before
Sept. 2l. and surreLdering such certificates. II
upon examination they should prove to DO
fraudulent
BY a further notice. dated Sept, II. 1873. this
time was extended until the 18th OF October
and by third notice. duted Oct IL. 1873 |
further extended to Nov, l. II will be seen that
this notice does not state that all the certificates
Issued out OF these courts In 1868 were illegal. |
On tho contrary Il assumes that some wer' la |
Rhl. Consequently, mnny persons who knew |
they had been gullless OF fraud. did not con
slider i applied to their cases.
Under this notice three thousand persons |
calioI on commissioner Davenport and surren- |
drrrd thuir naturalization certificates. IL In |