The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-16
JOHN |. DAVENPORT'U WORK.
His Impudent Partisanship
Fully Exposed.
INTIMIDATION AT THE POLLS
Citizens of New York Illegally Dis
franChised last November.

The proceedings OF the Congressional Com
nittee which recently investigated the conduct
ofCommissioner John l. Davenport have been
issued in tho shape Of a closely printed PAM
phlet of $50 pages. BY this mass OF testimony
he following facts are clearly established:
Daring the year 1868 there were largo num-
Der Of persons naturalized in the Supreme, Su-
perior and Common Pleas Courts Of the city OF
Now York In the Supreme Court the only
Judge that naturazed was Goo @. Barnard.
In the Superior Court Ave Judges naturalized
ono Of whom was John II. McCunn This being
he year of Presidential election. and shortly
after the close OF the war during which the tear
Of being drafted had deferred many from be-
soming ctizensl. the number Of applicants was
very large. The naturalizations in the Superior
Court in 1867 had been 1854 when there was
no particular political excitement. and 1t was
natural to expect very great increase in 1878.
During October. 1868. Judges Barnard and
hcCunn conducted such OF the natural ization
proceedings MS came before them with haste
and little care. and. as necessary consequence
their clerks became careless in regard to do
hills. While the great mass OF the nnturaliza-
hon OF 1868 was undoubtedly bona flde. many
persons wers naturalized by these Judges who
had not resided sufficiently long In tho country
10 be entitled to citizenship Still the great ma
and acted in good faith. Through the careless-
ness OF the clerks wrong blanks were sometimes
used. as a minors blank for discharged sol
dier. Sometimes. too. n signature OF a witness
was put upon wrong paper. These things
were. OF course, unknown to the person natu-
ralized.
The naturalzations Of 1868 in the Superior
and Supreme Courts were about 10000. or
these .493 were admitted by Davenport in his
testimony to be discharged soldiers.
All the haste and alleged frauds took place In
October, and even then only as to proceedings
before Judges Barnard and McCunn.
In the Superior Court the number OF those
who were naturaliz'd priorto October was GO6
and in November and December 65, making
l.6n naiuralizations in 1868. against which
nothing could be said except upon technical
points.
The method Of naturalization and the char
Acter OF the records kept by the clerks was the
same in both the Superior and Supreme Courts
and was followed by ali the Judges alike In
fact. II was the same that had existed from 1858
to 1874.
The depostlons were in the form then and
since used In every court in the State. In the
Superior Court these were marked by the Judge
with his initials a the time the oath OF allegiance
was administered to the applicant and we're
subsequently filed by the clerk who entered In
abook. endorsed Naturalization Record :" the
date. the name Of the person naturalized. the
country Of which he was citizen and the name
and residence OF his witnesses.
In the Supreme Court printed order for the
admission Of the citizen was attached to the
deposition. to which the Judge affixed his inl-
tials instead OF to the depositions. and a similar
index was kept
Commissioner Davenport's theory was that
no act OF n court OF record is valid unless II is
recorded; that therefore. to constitute legal
act OF the court there must be entry OF II made
by its clerk In a minute book that the In
dex books which were used by the clerks OF
these courts In naturalization proceedings were
not minute books and therefore the pro-
ceedings themselves were utterly void for want
OF oiasuficient record.
On this point Judge Blatchford in the Cole
man case used the following language:
shall be recorded In the said court" Iishardy to b.
supposed that Congress intended make the applicant
for citizenship responsible for noncompliance with any
other conditions than such as he had the power
ply with The applicant can declare his int nton and
can kasthe prescribed oath and make the prescribed
Tenunciauon but he 1t that the proceed.
ins' and remuneration are recorded He produce
witness To his residence aud character and appear
IN f son ~ e Lrop+r court and be sworn there IN open
The statute When this Is done he do nothing more
except receive such cernoate from court as that
winch Coleman received from the Courts eertincats
wien ses iorih ,hS! It. gwen BY the Court under
nAmrd and pied 10 II TO become citizen and pro
AMI enueauon and .oos such oalhs required by
Ie cuurt ordered that he be sdnitted and he wassc
sornsv adnhtgd by the Court W be citizen Of the
y' he ha. done and when be lesyss with the clerk OF
couri tells him by the ccrincats that he hav.
ns dong ~ M" ,e conri h.d hereupon ordered that
b ck n, and when the Court gives the eernncAte
Cannot be ha Gs A iTR lie TO %oT SmPS Si, @
.p,y' & 10 @ aay tlns iusher There must nndon9tedv Be
Itcied BY ine Curt o such act Ut admission &. another
d. close o The sccdnd eonilo" aad tie provision for
tes"ins lhs enumeration mentioned IN the fourth con
.sry vel be rgar,d a, merely directory and no par,
y limiting them 20 NhAi the sprlcani i. required 10 do
he coa required do in hs rd pafasspS snn 10 T6s
" cooSs T ,eenrnI 10 IOiOw s Ig n s I q
uon' ~! not prceede IL
Even the evidence asto residence and character /,
cqurd 90 be recorded. yet It aud all evidence as 70
nHon. The applicant ana ihe evidence as 70 re ience
49, ss,acet may ,er w, be- recorded BY plselns The
Nlurn the Court receives them as complete. Such pa
me r'eod' Of te court II they Ne,e bound IN book
steusti 6ooR ard tht book were NED "s'' 'O'''u
sH M G - ce1 GGss what !, iog9d Gi record and on
ssgg tIGod q, & SrS1 ,S Of aai,.lon In sgrH ast
,c im.r,ce .G C as ~ sph & axs ~, Ehes,.
nan, 10 Wcud. 5!4, AID Ia McCarthy agt Marsh % n
y. Ait
ItI- not claimed thar hrtw the end 1864 and he
be- uius COL 1874 HtiA other form order q
tte'u-ill H' lrlr tt the sup Nor Court
din"f'ut from what nov APPEARS tU have made
ct-r o Coleman Whr IL dtc- anne ar that during nll
uie uinr from HiS e. 1874 the order nf ad
mission Wns the same ~ m the Coleman t-Kcrl
MAT nothing appears As 10 any Initials OF aJuhgr and
that such tuin coAers tue caSrs between SUDn amt
gOO ler.nn', who apeHr by The books vi that bo
ior mentioned ~ havc becu admitted bv that
IN tha periVd TO be ciulrns, Coleman Hdnntte
ThHt court prri,d O fifteen years observed the
~ procedure aud kent the records ana
sat tu ut ti. uf
urahlauuu in the p Coleman. and other
Duriug That nineteen Judges occupied
bench mat ThrN Jusc cpl \ Hu-wuTtn.
hurfH, ionuan. John SO.sOn. Lewis b WVHlruH, El-
nafis f"ritpont. James AOncref Anthony l. Robert.
son. Jturs ~. WINE. Jahn N Barbour, CiHnd l.
h"nrl samuel budrNi john n McCunn samuel Jnnrs.
itDt.NAu J. FlIuu John j. Freedman, James C. Suon,
g. William L. Curtis, JOhn Sedgwick, and Hooper q,
Van worst
Tho course taken by these courts and their
clerks WIS "xrrrlsinR greater care than wiB
customary IN many others in regard 10 natural
ktlun.
Thus ii was proved before tho Lawrence Com
muirr that when ths Hon. William II. RobrTt-
Bon. the rr"H"nt senator from Westchester. was
County Judge ot that county. naturalizatiOns
Nrt" "onduc"d IN the clork's Ofllce whothor h0
bat,sr@Crit y ~ 4 ',ssasr N,7bsiaSsen,.h. d. cs.D,.
eHnmlnlitlon that George + Belts who wnH tho |