The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1880-09-02
DAvENPORT's DEvILTRY.

job I. Davenport has been for years the Super
visor Of Elections In New York city. He Is also
Commissioner and Clerk Of the United States
Court. This Davenport was the man that robbed
honest adopted citizens Of their naturalization
papers and imprisoned them In 1873 He arrest
ed without due process Of law and imprisoned
without trial, a large number OF voters who were
thus dlsfranchised and outraged by being cooped
up in his iron pens. Their only defense was
their Democracy, The Senate Committee OF In.
vestgaton have recently been sitting in Nav
York, and from the testimony extorted from
Davenport this is copied;
Q How many warrants did you issue In 1873
for those holding fraudulent papers? A. think
1t was 3,lO6
D. How many were servedH A. don't know.
Q. How many were srrestedP A. About 900.
Q. How many were taken before you? A.
About 200.
O. How many were held2 A, All for the grand
Jury.
O. How many were indicted' A. Indictmenh
were ordered for about forty.
Q How many were foundf A. About twenty,
Q. How many convlctionsP A. don't know
ofany; cont know that there was any trial.
Q, You were Clerk Of the Court? A. Yes.
Further along in the examination Of crimes
upon the ballot box by the disfranchisement Of
naturalized citizens because they were Democra "a
and he was determined to prevent every nat.
uralized citizen who was a Democrat from vot.
lng-this occurred
O. You maintain that you have the power to
arrest men for voting or attempting to vote on
papers dated 1868, although these papers are !e.
ultimately made out? A. Certainly. II evidence q
is brought before me to show the fraudule mt
character OF the papers shall issue warrants to
arrest the holders.
Q, But II the papers are legtlmate2 A. do
not think that any Of the 1868 papers are legiti
mate
Q. Do you say you have the right to ignore the
records in the Court? A. say that under the
statutes Of the United States am required to Is.
sue the warrants.
O. never heard Of this statute. Where can It
be found2 A. 1t will be found In the Revised
Statutes under the head of crimes.
O. Then these papers, you say, were forged
You must remember that we are conyening
about papers issued by the Court to persons who
were entitled 10 them. A. did not say that
questioned the papers collaterally. I say have
the power to arrest a man who tries to vote upon
fraudulent papers. attack the record upon the
ground for fraud.
e. Frauds Of the Judgesf A, did not say so.
Q Now, as a lawyer, 90 you mean to say that
the judgment of one Court can be attacked by
another Court upon the ground that the first
Judge acted fraudulently2 A. did not say so.
O. Then what has your opinion OF fraud OF
that kind to do with the legality Of the papers
A. 1t may have something to do with 1t.
O. Come, now; don't evade my questions. You
are lawyer. Can the judgment Of one Court be
attacked by another Court in the manner have
explained
Mr.. Davenport (greatly confused)-I-I-I--
have not yet determined upon my opinion.
Senator Mcdonald arose and said that the last
answer was preposterous. "Why, sir" he said,
you have taken hours and hours to present to
us an elaborate argument upon this very ques.
ton. Now you have no opinion at all"
Mr.. Davenport allowed his cigar tn nhStruot his
utteranceIentirely.
Garfield conceded the mean partisan character
ofthese Federal election laws He suggested an
amendment in the interest OF fair play which the
Democrats adopted and passed. But Garfieldthe
apostle Of gush and can't voted under the party
lash against his own amendment allowing an
equal diversion between parties Of the deputy
marshals.