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

many Hall had appointed Judge Quin Mr.
with Mr. Davenport. It was io1nd that he was
lnneSiole upon tho point that all the 1868
ieraes % th We're y3id Sn account Of the defect
denied this proposition taking tho position as
sumed by Judge, BlAtchiordl and therefore
:. ~. :" '"'o"sinis 10 act with him. They
thereupon established a bureau OF information
and gave public notice requesting all persons
having doubts about tho validity. OF their natur.
alizntion certiflcntes, or who had been imposed
upon IN relation To them to call there and have
their cnses investigated. and published the
Uuited States law as TO what certificates were
Invalid. large number OF persons called Mt
this Office whose papers were examined. and,
III found defective on account OF any actual fraud
orlmpropsr act, steps were taken to renaturulizo
This proceeding went on all summer. Davon,
port issuing these circulars to intlmidnto the
1868 voters into surrendering their nntura,.a.
tion papers and the Tpmmany Hall Committee
warning them that unless they had been guilty
ofaetnal fraud their certifca.tcs were legal. :,
In October, 1868. Henry WeinberRer. q dis
charged soldier, who was naturalized before
Judge Qarvin Oct o. 1868. Arnold Gcsemnn.
naturalizyd before the same Judge Oct. 49, 1868.
August j. Christern, who was nnturalized by
Judge Jones. Sept, Is. 1868. upon his discharge
from the army-all OF whom had been informed
by Commissioner Davenport that their natural
ization papers were Illegal because the clerk
had not entered record OF them in tho court
rect the record by IN entry nuHc pro tnlc OF the
fact In its minutes.
The application came before Judge Freed:
1t WAS given to the United States District Attor-
ncy and also to Commissioner Davenport. rs 10
brought up the whole controversy. but neither
attended. After full argument, Judge Freed
man, on Oct. 10. 1878. delivered an elaborate
atechnical error. which no court would listen
to with patience: that IL affected every nnturai-
zation in that court from 1853 to 1873. over
10000 In number. including 900 women. He
therefore denied the petition This opinion was
published in all the newspapers.
1t will therefore. be seen that up to the time Of
election decision the
uraizatons OF 1868 was that they were legal.
This decision was supposed to be conclusive.
and in reliance upon II a large number OF the
holders of 1868 certificates reg stered the doubts
created by Davenport's proclamation having
being bound by this decision. Commissioner
Davenport, the very afternoon II was delivered.
telegraphed the euperyisors and marshals in
each district To pay no attention TO II.
On the same day. Oct Is. 1878. and to still
further show his contempt for the law. he
issued further instructions To each supervisor
OF election, in addition to the former order.
directing that any person APPLYING for registra-
tion having n certificate Of naturalization i'm
properly issued or granted u, e., an 1868 certih-
catel should not be allowed 10y them to register.
and that they should take from him his certin-
cate aud forward II to him as Chief Supervisor.
Under these instructions nearly two thousand
certificates were forribly taken from persons
who made application To- register. These were
delivered by tho SUPERVISORS OF the various dis
trtcts TO Commissioning Davenport, who kept
tnem; even refusing on the inNestsailon 10 re-
turn them To their owners. The papers were
generally obtained on the preteNt OF examining
them. The voter would unsuspectingy hand
the supervisor his certii'ate. and the latter
would then put il in his pocket.
fair example OF the manner in which this
power was exercised was shown by tho testi-
Pohl had served four years In the army. and
was naturazsd in 1868 upon his army dis
charge attending at court with his witness
md everything being conducted regularly. He
had voted upon thi5 naturalization fortrn years
without molcstaton. He valued his certificate
highly. and had IL framed When he regis
tered. the supervisor asked to look at It, Pohl
handed 1t to him. The supervisor broke open
the frame and took II out .Pohl strenuously
objected but without avail. 1t ia proper to say
that the supervisor gave him back the frame.
While Pohl was testifying. Commissioner
Davenport produced this identical certificate
from his files. as he did all the certificates
which the various Witnesses t~stiflsd had been
taken from them by his supervisors.
On the crosse examination OF United States
District Attorney Woodlord. he was asked II he
know OF any law authorizing n supervisor OF
election to seizs and take from persons regis
tering IA voters certificates OF naturalization
replied that he did not
On his scross-cxamination Davenport endeav-
ored 10 shiTk the responsibility for the taking
OF 1868 certificates by the supervisors during
the days OF registration. and stated that " in an
INTERVIEW which was published in one OF the
daily papers. lie had expressly disclaimed that
such Instructions had been given. or that any
such had been Intended"
Inasmuch as the seizure OF these certificates
WAS one OF the most prominent topics OF the
day. and as the certificates themselves were
The contrast between the rapidity with which
he telegraphed TO every supervisor on the very
afternoon Judge Freedman's decision was rem
dered. that no attention WIS TO be paid 10 II. and
his method OF informing them by an interview
published in one OF the daily papers that
they we're acting without authority In taking
these papers from their owners, IL absurd.
This Is particularly the case when II Ia remem-
bered that they were his deputies who were re-
quired 10 report every day TO him at the close
OF each days registry and did 80.
Alter the second day OF registration. Oct is.
1878. ana directly after Judge Freedman's de-
Court were valid. Stephen Mosher was directed
by Commiss ioner Davenport to make out com
plants against every man whose nRme ap-
peared upon the registry list as having regis
tered in 1878 upon an 1868 certificate from
either the Supreme Court orthe Superior Court
(except the six persons in whose cases Dayen-
port cons sdered the record TO be completed. which
compaints bad been previously prepared and
printed by Mr.. Davenport.
MOsher mover knew anything about these
complaints until they were printed and deliv-
cred at Davenports office. and he says that
Davenport had never previously spoken TO him
about them. although his name was printed in
them as complainant. The complaints were
nlled out by from ten to dozen Of Daven-
ports clerks. Mosher himself not fillng uD $50.
He never compared them with the registry
contrary he testified that he trusted entirely 10
those who Allied them out.
On this subject Davenport testified as follows:
these $40 corplaintsi Al do not know that he com
pared 100 eomplaints
9-Dd You make any ,nqairyi, E-i did not idid
not consider ~ 70 DC 10 NOT now,
Each OF these affldavits contained statement
that one OF the grounds Of the complainants
belief that orime had been committed was the
report made by the Supervisor OF the district OF
the statements made by the party whom he
registered. In fact. as Mosher admitted In his
testimony ne had never seen one OF these su-
perylsors and had never even seen the memo
randa made by them In tho registry books, eX-
cept IN the $50 cases In which he himself filled
out the complaints from these books.
Under this method be might as well have
made complaint and procured warrant
against every voter in the city As against these
2, $50 mon. as ho had absolutely no knowledge
about them.
II il scarcely necessary to say that many COM
plants were made agninst persons who were
not naturali2ed in 1868. Michael Lawlrss for
instance WINS naturaized In 1850, Kllngensteln
in 1878. Others arrested were nnturHlized in
other States or in interior counties John Will
liAms twhO had served In the army and navy for
eighteen years. commencing in the Mexican war;
WAS nAturalized in 1865. All the clerical errors
which always result IN the work OF a dozen per
sons transcribinR 200 names from books con
tanning $4,000 took place. but with the result |
that eacn error caused the arrest Of an inno- |
cent citiznn upon false charge OF felony.
The following IL the language used by Judge |
in regard to the contents OF these |
cOmplHlnts.
The sixth amendment TO the Constitution nf the United
states pluNldVb that in all criminal the
cutd lali enjoy uhe right be- Informed oi thr ma.
Plies Ne 10 the preliminary proceedings Tor Arrtst
before indictment ~ 60 the indictment The fourth