BSTO. 32. Tammany Frauds in New York—The Justification of United States Election Laws. SPEECH OF HON. WILLIAM P.FRYE, O y M A I N E , In the House of Representatives, April 23, 1S79. The House being in Committee of the Whole on the state of ihe Union, and having un- der consideration the bill (H. R. No. 5) making appropriations for the legislative, executive and judicial expenses of the G-ovemnient for the fiscal year ending June 30, 1S80, and for other purposes- Mr. FRYE said : Mr. Chairman : Is there any foundation for these wholesale charges against Federal o.ucers in their conduct of elections in the city of New York ! Was there a condition of affairs in that city which rendered the intervention of the United States necessary? Has there been a wasteful expenditure of money in the attempt to correct election abuses there? Do the facts demand, as the other side insists, the repeal of the laws known as election laws, or do they fully justify their retention ? These and kindred questions should be an- swered, not in any spirit of partisanship, but in truth and fairness. The safety of the Republic depends upon the purity of the ballot. Let us, then, view the great city, its condition, its population ; glance hastily at its political record, and examine the remedies resorted to for its cure from political disease. New York City has a population of about 1,100,000. It is sixteen and one- half miles long by an average of two and a half in width. Sixteeu States only have a larger population than this city. About 45 per cent, is of foreign birth. Nearly one-half of the population reside between the Battery and Fourteenth street, on an area of 2,408 acres. About 55 per cent, of the people reside in 25,000 tenement houses, containing each four families and upward — 605,000 in 25,000 houses. The Seventeenth ward in 1875, with an area of fifty-two one- hand redths of a square mile, contained more inhabitants than Louisville, Ken- tucky, or Cleveland, Ohio. Fourteen cities only in the United States con- tained more. The Eleventh, Thirteenth and Seventeenth wards, with an area, including streets, of alittle less than one square mile, had a population of 200,- 000, which, leaving out streets, would make 1,000 to the acre. Only seven- teen States in the last Presidential election cast more votes than this city. It polled more votes than Vermont, New Hampshire and Rhode Island. There were lodged at station houses in 1871, 136,743 persous ; in 1872, 147,- 215 persons; in 1873, 183,854 persons ; in 1874, 221,968 persons; in 1875, 217,552 persous; in 1876, 186,876 persons. There were arrested in 1871, 83,672; in 1872, 83,589; in 1873, 88,538; in 1874, 92,112; in 1875, 91,363; in 1876, 92,830. With this great arniy of vagrants, criminals, depraved and desperate men ; with a foreign population of males over the age of twenty-one, according to the census of 1875, of naturalized citizens, 141,179, aliens, 48,305, very many of whom know absolutely nothing of our institutions or the principles of our Government, are the mere dupes of designing, wicked politicians, in a city two- thirds of the time under the absolute dominion of the Democratic party, that, party which here to-day, by its demands for legislation on these two ap- propriation bills, allies itself with and indorses ku-klux, white-leaguers, tissue ballots, repeaters, false and fraudulent naturalization, ballot-stuffing, and every other device for the destruction of all purity of the ballot, what may we expect ? Let the past briefly speak. ELECTION FRAUDS. e 1837: A committee of the assembly in their report declare that " they were a disgrace to the State and a manifest wrong to the country." 1844: Through that alone the State was lost to Henry Clay. 1850: Another committee declare that the election is not at all the will of the people. 1858: Another committee declare " of late years fraud and simulating at the ballot-box have become extensive and enormous." 1860 : In one election district, for sixty-three names registered no person could be found to represent them. Two Irish boys, sons of a widow, one six and the other eight, were registered. In the Twelfth ward 500 out of 3,500 were fraudulent ; Seventh ward, 935 names fraudulent, and so on. 1862: General Wadsworth, the Union candidate for Governor, was de- feated by Horatio Seymour, and it can be safely asserted that false registra- tion, repeating, and unscrupulous count in the city gave him more votes than he had majority in the whole State. 1863: The notorious Judge McCunn was elected by a deliberate manipula- tion of the votes. 1804: In the campaign of Lincoln and McClellan marvelous frauds had been st-t on foot by forged soldiers' names, officers 1 certificates, false papers bearing names of sick, disabled and dead soldiers. Some of the parties con- cerned were arrested and tried before a military commission in Washington. The city was full of Southern sympathizers, deserters, bounty -jumpers, thieves and other desperate characters. The agents of the confederacy were in strong force on the Canadian border and in constant communication with their spies and aUies in this city. Application was made to the authorities at Washing- ton for protection, and General Butler with six thousand troops was sent for- ward. The election was peaceable. 1866: Tweed ring in full power, and its will law. Every form of fraud and violence was resorted to. And this in spite of the fact that Kennedy was at the head of the police. Careful examination of the registry lists disclosed over fifteen thousand names not to be found at the places they claimed to reg- ister from. This was the time when the Republicans endeavored to hold a meeting in the City Park to be addressed by General Butler, Horace Greeley and Governor Curtin. That attempt is historical. Such a scene was never before witnessed in New York. A howling, raving mob of Democrats ruled the hour. NATURALIZATION, 1866. Up to this time naturalization had been reasonably legitimate, confined to two courts, the superior and the court of common pleas. Prior to this year the average number naturalized annually in these courts from 1857 to 1865, both inclusive was fifty-six hundred and eighty-two — many more in the com- mon pleas than in the superior; but Judge McCunn was to preside in the lat- ter this year, with James M. Sweeney, clerk, and Judge Cardozo could be used in the former. Cardozo made citizens at the rate of eight hundred a day on some days — swore them in scjuads ; a single runner brought before him in one day nine squads, aggregating fifty-two,' and swore them all through ; at another time this same man brought m twenty, vouched for them all. The result wa> that these two courts made 13,023 citizens, the average before hav- ing be( n, as I said, less than six thousand. Let it in this connection be re- membered that in 1844 in Louisiana — Judge Elliot presiding — f our hundred cer- tificates were granted in one day ; that the attention of Congress was called to this glaring abuse of power; that a committee investigated and reported that it was impossible such a number co-dd have been legally naturalized in a day. On their report the judge was impeached, convicted and removed. 1867. Frauds were stupendous; illegal registration and repeating seeriied almost to be the rule. A careful revision of the lists was made, and thousands of names were found fraudulently entered — in the Eighth ward alone over fifteen hundred. Companies of men from Xew Jersey and Pennsylvania voted. Rum ran in streams; and riot, assault and murders were the order. The courts were started, and, as the Tribune said, they ground out citizens "at the rate of one thousand a day, with no more solemnity than and quite as much celerity as is displayed in converting swine into pork in a Cincinnati packinghouse. ' In the superior court alone nearly eleven thousand persons received their cer- tificates. 8 1868— CAMPAIGN OF GRANT AND SEYMOUR— HOFFMAN DEMOCRATIC CANDIDATE FOR GOVERNOR. False registration, forgery, fraudulent naturalization, repeating, and every fraud and crime against the elective franchise culminated. The courts were in league with the Democrats to destroy the last vestige of purity at the ballot-box. JUDICIAL CONDITION. The court of common pleas, with honest judges, went out of business prac- tically. The superior court, for this business, practically went into the con- trol of Judge McCunn, fraudulently elected, now a candidate for re-election. The supreme court, never before having anything to do with naturalization, was presided over by Judge Barnard, also a candidate for re-election. These two judicial scoundrels stripped off their coats and prepared for business. Barnard, on the 6th of October, declared that he would attend to no other busi- ness than this until the next term. The ready courts must be provided with blanks, so that there should be no hitch in proceedings. The following table will show no neglect in this direction : Superior court, October 2, received 10,093 certificates ; October 3, received 10,000 applications ; Octobers, received 10,000 certificates ; October 15, received 10,000 certificates ; October 1G, received 20,000 applications. Total applications, 30,0$0 ; total certificates, 30,000. Supreme Court. Date. Number of applications. Certificates. 10.000 10,000 25.000 5,000 10,000 9,000 5,000 5,000 5,0 5,0 10,000 10,000 5,0u0 75,000 | 39,000 Tammany's headquarters for naturalization were at No. 1 Centre Stree t, a lager-beer saloon. They were provided with a red ticket, forty thousand in number, reading thus: No. . Please naturalize the bearer. II. D. GALE, Chairman Naturalization Committee, Tammany Hall. And this presented to the clerk of court, was an order on Tammany for the fees. PROCEEDINGS IN COURT. I call your attention to the testimony of M. R. Leverson, a member of the United States bar, an intelligent man, (Reports of committee, third session, Fortieth Congress, volume 3, pages 120 to 140, inclusive ;) and allow me to read portions of his graphic description : Question. You were in the courts witnessing the naturalization of persons desiring to be naturalized ? Anower. Yes ; I first went in'o a room in the basement of the old city hall building, which used to be the sheriffs office. When I first went into it, in the diy-time, there were about four gangs of four olerks to each gang, one of whom acte 1 in what ihay be tanned the capac- ity of foreman to each gang. The foreman had before him a list of nanie3 and addresses, and he would keep the other three at work, giving to each man a aame and address which that man would till into one of the forms before him. There were on the table two or three pil js of pipers. One of them was a pile of blank forms, and lavits, &o. The first form was oa3 ia which the applicant is re- quired to swear that he his arrived at the age of twenty-one years ; that he has resided in the United States three years next preceding his arrival at that age, and has continued to re- side therein to the present time ; and that ho has resided five years within the United States, &c The three clerks would fill in each the name furnished to him as that of the applicant. It would be filled in as that of the applicant in three places, and the clerk would then sign the name -i< calling of the names; the first time to get them within the bar, and the second for the p i mes of the applicaats and witnesses in the order in which the papers oame to his hands, an l on the persons callei comiug forward they were arranged within the bar, often one witness for tour or five applicants at a time. When a number were thus ar- ranged their papers were handed to the clerk who stood at the judge's left hand, who, as he finished otf the lot already ia hand, took up the fresh batch. An applicant a id a witness being now called by this clerk, and answering to their names, the ju Ige would direct them to hold up their right hands. Very frequently the left would be held up, and the usher would have to help the man to put up his right hand instead of his left. The judgo then proceeded to swear the parties in the following words : " You solemnly swear, in the presence of the ever-living God, that the affidavits which you have severally subscribed are true, so help you Cod.'' The testimony of Colonel George Bliss, Jr., found in the same volume, page 185, fully corroborates this witness. Colonel Bliss has since been United States district attorney. He timed the judge and found that in one live-minute space he made thirteen American citizens, .full-fledged, "all residents for five years, all men of good moral character," all well dis- posed, &c, and in another five-minute space he accomplished the marvelous task^of turning out fifteen! Allow me also to read from the testimony of Henry Lyle, commencing on page 4«30, same volume: Question. State what you know of certificates of naturalization being issued by Judge McOunn, of the superior court, and in the supreme court by Julge Barnard ? Answer. I was engaged in that business during the months of September and October, 1868. I saw that everybody almost was going into it, and I took a hand at it. I had an ofhee at 33 Chatham street ia this city. I staid there most of the time during the day, and at niyhl would go up town to Thirty-second street at a liquor store thero, where partiel would send me names of persons to be naturalized. The next day I would fill up the applications, go before the judges and put the men through. During the month of October I came down in the evening and put the men through before Judge Barnard, of the supreme court, who held the night sessions. I would sign the names of the applicants to the blank : sometimes I would sign the applicant's name and sometimes he would himself, or if anybody else happened to be around he w >uld sign it. 1 would take the papers down to the court and give them to the clerk. He would call my name and I woul 1 then go around and swea'r to the truth of the affidavits before the judge. After that I would go around to the clerk's desk : ; if tho man was not there I would take tho oath of allegiance, or kf the man was too old to go through, otherwise the man himself would go around. Q,. How many certificates of naturalization did you procure during these two months ? A. I cannot tell, bui I jud.,e from six hundred to one thousand ; that I would swear to. Sometimes I would swear to twenty or thirty, and sometimes fifty a day. I siv ' different names just as it happened to come into my head. Sometimes 1 Would sign my o :ae ; at Others, that of Henry Laurence, or Lines, or any name. Q,. Do you know of any jthers engaged in the same business ? A. Yes, sir. One was Patrick McCaffrey ; another was John Gallagher— he is in the street department, 1 believe ; a man at 189 King street, amd also John Verway, conductor on a Ninth avenue railroad car; ue resides at 439 West Thirty-six street. 1 know William Thurben, 5 who Is also engaged in that business ; he if a conductor on the Bleeker street line and re» Bides somewhere in the Nineteenth ward. There is also John >:oran, who resides in the Twenty-first ward. Also Chauncey Gray, who resides at the Putnam Country House, corner of Twenty-sixth street and Fourth avenue. Henry Lyle is simply a sample — on« of a hundred. I eall your attention now to another representative case, one of many, as detailed in the testimony of Robert Murray : Question. State your residence and official position. Answer. I reside in the city of New York. 1 am manshal for the United States for the southern district of New York, and have occupied that position since the 20th of April, 1888. Q. State if you have any knowledge of the issuing and sale of fraudulent naturaliza- tion certificates in the month of October, 1868. A. In the early part of October there was a rumor in town that naturalization papers could be purchased' at certain localities in this city for $2 apiece. I directed two of my dep. uties, named Jarvis and Dwyer, to pscertain if that rumor had any foundation in fact. They reported to me, in a few days afterward, that those papers could be purchased from a man named Rosenburg, at 6 Centre street, and also that they could be purchased at No. 13, Cen- tre street. He and I sat down and made out a list of four or five or half a dozen fictitious names. He went over to Rosenburg, at No. 6 Centre street, (witnesi subsequently employed Major Simms, his deputies being too well known.) Major Simms reported to me that he called on Rosenburg and represented to him that he resided in Yonkers, Westchester county; tbat he had some four or five friends there who wanted to become citizens of the United States; that they were poor men and could not spare the time to come to the city to go through the courts of law, anil he inquired of Rosenburg if there was not any way by which he could fix it for him. Rosenburg replied, "Yes, give me the names, and ;i will have the gapers for you to-morrow morning." Simms replied that he might want quite a large num. er, but that the list was imperfect at that time, and that he would call and see him again. He called there the second time and handed him this list of six or eight names, and he was told to call in the morning, and that the papers would be ready for him. He did call in the morning, and the naturalization certificates were handed to him. Simms paid Rosenburg $2 apiece for them. They were brought to me, and I made Simms mark them with his in- itials, and I think I marked them myself. The next day I sent a young man by the name of Butts with alistof three or four names— fictiti t as names— and I directed him to go there to Nor*6 Centae street and purchase naturalization papers there. He reported to me that he had had an interview wi:h Rosenburg. and that Rosenburg agreed to furnish him the papers the next morning. The next morning Butts handed me the certificates. I compared them with the list of names which I had furnished to him the dav previously, and I found that they cor- responded. I made Butts put his initials on the certificates, together with the date of them, and I put my initials on them also. The day after I made out another list of four or five or perhaps more, and sent a man by the name of Livingston, with instructions to go over and see Rosenburg and inquire if he could purchase naturalization papers. He reported back to me that the papers would be ready the following morning. The following morning Living- ston handed to me these naturalization certificates. I compared them with the list of names which I had har. ied to him the previous morning, and found they corre-ponded. I made Liv- ingston put his initials on them, together with the date, and 1 think I also put my initials on them. The next day I sent a man by the name of Reynolds over there to inquire whether he couM purchase naturalization papers, and we made out a list of them together of fifteen or twenty names. I simply sent Reynolds there to have corroborating proof, for 1 meant to arrest Rosenburg that day; and I directed Reynolds to have no conversation with Rosen- burg; to state to him that perhaps he might want four or five hundred of the certificates; that perhaps he could not furnish the list of names, as time w r as very short, and to inquire whether he could have certificates in blank. Feynolds reported back to me that he had had an extended conversation with Rosenburg, and that Rosenburg had agreed to furnish him with five hundred of the certificates the next morning at a dollar and a half apiece; that by taking a large quantity of them he would make a reduction of fifty cents; then he made'a counter proposition that anything else than one hundred would be charged $2 apiece, and over one hundred a dollar and a half apiece. He had quite a long conversation with him, and vent into the details of the business. After Reynolds came back and reported to me, I sent another man over there by the name of McDonald, and directed him to do the same thing aa Reynolds. He reported back tome subs-tantially the same conversation that Revnolds had reported, that these men would fmmish any quantity of these papers— one hundred for a ioilar and a half apiece, but any quantity less than one hifndred at $2 apiece. I considered then that 1 had the whole case comph.te. I went to the district attorney and made the ne- cessary affidavit and information, and then got out the warrant and arrested Rosenburg that aftcrnoan at three o'clock. HOW MANY WERE NATURALIZED ? In the supreme court there were filed in the clerk's office as sworn to cer- tificates as follows : Oeteber 6 October 7 October 8. October 9 October 10 October 12 October 13 ©etober H October 15 379 608 717 723 90L 523 857 October 16 October 17 October 19 October 20 October 21 October 22 .'S. October 23 * 721 G33 956 944 773 676 587 Total. 10,u70 6 But 75,000 blank applications had been obtained in this court from time to time. An examination Dy the congressional committee and the testimony of the clerk of the court proved conclusively that there were issued 27,068 certifi- cates when no application was on file. Thus the number naturalized in this court was 37,178. SUPERIOR COURT. One of the clerks, Westlake, swore to the number naturalized eacli day ; there being in twenty days in October the enormous number of 26,228, or a daily average of 1,311. Meeks, a deputy clerk, testified that Westlake had given the above from actual count ; and Gillespie, assistant naturalization clerk, certified under oath to the correctness of the statement. From these two courts in the month of October, 1868, there were undoubt- edly issued at least 63,000 certificates. STANDING WITNESSES. In the supreme court twenty-one witnesses appeared for 2,749 applicants ; and the same witnesses also acted their part in the superior court. Take these specimens: Patrick McCaffrey, in the month of October, in the supreme court, swore to the good moral character, length of residence, &c, of 251 persons ; and in the superior court of 252 persons ; in all, 503. John Ward performed like duty in the supreme court for 324 persons ; in superior court for 195 per- sons ; in all, 519. John Moran was witness in the supreme court for 455 persons ; in the superior court for 299 persons ; in all, 754. James Golf, and Patrick, his brother, certify to 666 in both courts. Patrick McCaffrey was one of James O'Brien's deputies, and by him dis- charged for extortion. John Moran had served a term in State prison. The Gorr brothers were notorious thieves, and both Barnard and McCunn, as crimi- nal judges, must have known them well. As soon as the business of the court was over James stole a watch, chain, and two diamond rings. It was testified that one of these Golfs had four thousand of these certificates for sale. Now, under the act of Congress of 1S02 applications for naturalization mast be made in open court, and the court must be satisfied that the person apply- ing had, during his residence, " behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same and in no case could proof of residence be made by oath of applicant. WHO ARE ENTITLED TO BECOME CITIZENS. First. Those who came here over eighteen years of age and had resided here five or more years, and had made previous declaration of intention. Second. Those who came under eighteen years of age and had resided here five years. These were not required to make previous declaration of in- tentions. Third. Honorably discharged soldiers twenty-one years of age and resi- dents of the United States for one j^ear. How shall all this be shown ? By affidavit ? Not at all. The common- law oath must be administered to both applicant and witness. " You solemnly swear that you will tell the truth, the whole truth, and nothing but the truth, so help you God."* Then should follow an oral examination of applicant and witnesses as to residence, character, attachment to the principles of the Con- stitution, as to disposition to the good order and happiness of the country, &c. In 7 Hill, New York Reports, page 137, Judge Dean held that under the statute the residence of the applicant must be proved by the oath of some party other than the one applying, and that affidavits were inadmisible and could not be received. In The People vs. Sweetman, (3 Park's Criminal Cases,) Judge Pratt held : The laws of Congress require the application to be made to the court and the proof ol five years previous residence must be taken in open court. It must also be cornmon-law evi- dence, taken by the oral examination of the witnesses ; previously prepared affidavits are not competent. Now, in both the superior and the supreme courts the applications were previously prepared out of court, subscribed and sworn to in court, and before Judge Barnard no oral examination was had at all, and both applicants and witnesses were sworn in squads to the truth of printed forms of blank affida- vit*. In Judge McCunn's court the only oath administered was : You solemnly swear that those affidavits by you subscribed are true. The answers to the few questions put were not under oath. Right here, again, I wish to call your attention to feme case of Judge Elliot, who was im- 7 K cached and found guilty for naturalizing four hundred persons in one day. orice the language of the congressional committee : It wast physically impossible, involving as it must the administering of twelve hundred oaths and the examination of eight hundred witnesses as to age, qualification, residence .. -i moral character of the applicants. And yet each of these judges must have averaged three thousand oaths ami examined two thousand witnesses daily! Mirabue dicta! The army in Flan- ders could not have beaten this swearing. The terrible picture w ould not be complete without brief references U% " false registration," " repeating," and " ballot-box stuffing." A few insl am e* of each must suffice. William H. Hendrick, 'with the sanction of Colonel Bli«s, district attorney, was employed by a captain of repeaters, headquarters Peie-i Mitchell's liquor store. There was a gang of about fifty men, divided inn> squads of four, six, eight, and twelve. Each man received a card giving hiurt for protection to life and liberty and property may s-oon become as i de as tnose of the victims of the secret tribunal to the masked judges of tnejlnquisition.. This recital of the inception, growth, and ultimate strength of "fraud upon the ballot, r of the attempts and complete failure of a well-disposed State to destroy or even restrain it, it seems to me ought to satisfy every intelligent lover of the Republic of the absolute, imperative necessity for interference by the United States, both by legislation and by a rigid enforcement of its laws. The,perpetuity of republican institutions demanded both. In December, 1368, Congress passed a resolution to investigate the alleged frauds in Hew York, by a vote of 1&4 ayes to 35 noes ; and Hon. William Law- rence, of Ohio, was made chairman of a very efficient committee for that pur- pose. The investigation was thorough and exhaustive ; the evidence taken is accessible to you all in the Congressional Library, and is terribly convincing. The committer recommended legislation, in consequence of which and of sug- gestions of Mr. Davenport, made from time to time— the results of his experi- ence In the enforcement of the earlier acts passed — Congress enacted the Laws of May 31 and July 14, 1870, of February 28, 1871, and June It, 1S72, malojftg certain necessary amendments to the naturalization laws, providing for the appointment of a chief supervisor of elections in each judicial district of the Luited States; also for two supervisors in each election precinct, one from each party, in cities of twenty thousand inhabitants and upward, on application of 9 two or more citizens, and of two supervisors for each county or parish to any congressional district, on application of ten citizen*. Nearly all of this legis- lation is now found under Title 23 of the Revised Statutes of the United States, entitled "the elective franchise/' sections 2002 to 2131 inclusive, a vital portion of which it is now proposed by gentlemen on the other side to repeal. Is the demanded repeal in the interest of free and pure elections, or is the law as it stands calculated to give everv citizen entitled to it a right to vote; and does it insure to him that his vote 3hall be counted as it was cast '? It seems to me the inquiry need go no further, and as these questions are answered our action on this bill, or rather on any bill properly and legitimately before us proposing the repeal of these statutes, should be determined. Surely, gentle- men will not seriously undertake to rise and discuss the constitutionality of these laws now. Tnat question was thoroughly considered when they were enacted. Besides, thev have stood the test of years of trial in the presence of hitter hostility, with all the courts open to the settlement of the question. Can any gentleman point to any decision against them in that regard ? * In the case of the United States vs. Quinn, (Blatchford's C. C. Reports, volume 8, page 48,) Judge "Woodruff, one of the most accomplished and learned judges in the country, held "that the section of the act in question, (act oi May 31, 1870,) which assumes the power of Congress to make it an offense against the laws of the United States to fraudulently register, is a constitutional enact- ment." I should judge, from the use made bn this floor of the recent decisions t& Judges Fruidman and Blatchford. they went to the root of the whole mat- ter, ana* overturned all the law and all the facts: but they go only to the suffi- ciency of the record in naturalization. Thev overrule only that one point, sg inconsequential that I have not even alluded to it in showing the utter falsity uid fraud of the naturalization of 1868. The papers and facts hereafter to be offered in evidence in the " Coleman " case, will conclusively show that his registration was illegal. Again, iu the last Congress, in the case of Dean vs. Field, the Democratic side planted itself squarely on the count of the supervisors of election, and on the strength of it gave Dean his seat. No, gentlemen, these laws must be weighed in the balance of experience, and to that I now ask your attention. In May, 1871, John I. Davenport was appointed chief supervisor 'in that judicial ;li strict, including the city of New York, and at once entered upon the greai work assigned him. Against him was arrayed the most powerful and unscru- pulous combination ever known to the politics of this or any other country; but Davenport could not be terrified, cajoled, bribed, or driven. Bright, active, intelligent, vigilant, from investigations made, thoroughly acquainted with the ways of Tammany, he went into the tight con amove and came off con- queror; and now the vanquished foe to the decent, well-ordered, and pure elections demands his decapitation and the repeal of the Laws he succeeded in enforcing. Is this suggestive of the thought that history repeats itself ! The task set before the supervisor was — 1. To obtain possession of from twenty-five to thirty tkousand false and fraudulent certificates of naturalization issued from the supreme and superior courts in tiie month of October, A. D. 1868, then in use in the city, the balance saving been sold in packages in New Jersev, Connecticut, and other sections of the State of New York. 2. To discover and prevent false registration whereby thousands claimed to reside in dwellings which were in fact brick-yards, vacant Lots, parks, stables, gambling-houses, houses of prostitution and assignation. 3. To break up gangs of repeaters, numbered by the hundreds, each of whom was registering and voting from ten to thirty times. 4. T#» discover the immense number of living men votin? upon the names of the dead. 5. To make a correct roll of the unpardoned criminals and convicts. 6. To prevent false counting and canvassing. The work was herculean, but the workman was, too. Davenport com- menced his operations with enthusiasm, prosecuted them with great earnest- ness and uutlaging zeal. He encountered opposition but always triumphed over it. He was prosecuted before the courts in 1874. The presiding judge not only acquitted him, but commended his ability, integrity, and decision In the administration of the duties of bis office. In a congressional commit- tee known as " the Caulrield committee." investigated him, and in the end were delighted to have him called off. Subsequent to the election in 1876, an- other committee, Hon. Samuel S. Cox chairman, made an investigation which resulted in his entire vindication. During the hist Congress another was or- dered, Hon. William P. Lynde chairman, on which I had the honor to repre- 10 sent the minority. Witnesses were examined for two or three weeks to a* little effect that no report was ever made. Two days before tinal adjourn- ment of that Congress Mr. Lynde read to me his views, an argument in favor of the repeal of the election laws, but they were never submitted to the Judi- ciary committee nor to the House. The only action had was, leave "to print and recommit." I shall have occasion to refer to these investigations again. All these obstacles had no more effect than the debris floating on its surface has upon the ocean. There were from forty to sixty thousand false and fraudulent naturaliza- tion certificates to be followed up and destroyed. It was very difficult to de- termine how many of these were in use in the city, thousands of them having been sent into Connecticut, thousands into New Jersey and the river counties of New York, ten thousand having been delivered to Jim Fisk for distribution along the line of the Erie road; but the registration was carefully scrutinized, compared year by year ; certificates of 1868 to be indexed ; records of courts examined; holders of papers personally interrogated; threats, arguments, and entreaties used with the voters, until in 1876 there were registered under certificates issued from the supreme and superior courts for October, 1868, less than ten thousand persons. In the accomplishment of this no complaint has ever been made against Mr. Davenport's processes, and comparatively speak- ing, no obstacles had been thrown in his way. Prior to the election of 1878, the supervisor having become thorough master of the situation, knowing every holder of these papers, all the facts touching their falsity, determined to close them out. There was no secrecy about it, no disguise ; his purpose was published in the daily press; he notified a committee of Tammany of it and sought their co-operation, which at first they seemed inclined to give, but sub- sequently refused and on the contrary bitterly opposed. In the month of August he caused notices to be served upon these holders personally, also published them, informing them of the fraudulent character of their papers, that they would not be permitted to register under them ; that if they would surrender, whenever they were entitled to naturalization they should receive their certificates free of cost ; a^ain served a like notice in September and again in October. Before registration was over, from three to four thou- sand of these papers had been surrendered, with affidavits that the surrender had been freely made; that the certificates were fraudulent, and each affida- vit signed by the party affiant. Undoubtedly thousands more would have been freely given up had it not been for the violent and persistent opposition of Tammany. Just before the election some thirty-two hundred warrants were issued again st parties who had registered under these papers. On elec- tion day six hundred and six were arrested, and only twelve hundr ed and forty succeeded in voting. These arrests were made for illegal registration on war- rants. Immediate examination was had before the commissioners. All expe- dition was used; as little trouble, delay, and vexation was caused to the ar- rested as was possible. Nearly all were discharged on their own recognizance, and very few if any were prosecuted to judgment before the courts, the au- thorities regarding them rather as dupes of Tammany than wilful violators of the law. A memorial was presented to the last Congress by the gentleman from New York [Mr. Wood] complaining of arbitrary arrests, cruel treatment, con- finement in filthy pens, intimidation, partiality of supervisors in administer- ing the law, and wholesale arrests of innocent men. The Judiciary Commit- tee, through Messrs. Lynde, Forney, and Frye, investigated, as I said before. Tammany was represented by two able lawyers, Davenport by himself. Tam- many had the subpoena of the United States, the largest liberty in its use, all free of cost ; brought before us seventy or eighty witnesses, of course about all, and of course the very best samples of injustice of the law. There were sixty- three of these memorialists, setting forth in words that burn their grievances. Their persons and residences were well known, and yet only eleven of them were put upon the stand. Where were the others ? Why did not the a*ble coun- sel call them ? Surely they knew and could swear to the blistering facts pre- sented to the House by the honorable gentleman from New York [Mr. Wood.] The papers of the forty-two of these men on their face would have convicted them of illegal registration. Does this account for the absence of all but eleven '? Davenport insisted that they should all be sworn as witnesses for the complainant. I have no hesitation in saying, and I do it with the evidence and Mr. Lynde's views before me, that as to intimidation of honest voters, cruelty, partiality, vexatious delays, there is not sufficient evidence on which to con- 11 vict a man of the theft of a farthing, not sufficient to awaken a decent sua* picion in an unpartisan mind. On comparing the statements of these wit- nesses with their papers, I am satisfied that not more than a score were enti- tled to vote. Did not Tammany find the best specimens of the six hundred and six arrested men ? And for this offense against the liberty of the citizen must this law be repealed ? Why, you cannot enforce the law against burg- lary, theft, murder, or any other crime without arresting some innocent man. Must, then, these laws be repealed ? I call your attention to this : from twenty-five thousand to thirty thousand fraudulent certificates on which men had registered in 1868 and voted, in 1878 thirty- two hundred only regist ered, twelve hundred and forty voted ; and all this accomplished with no more com- plaint or cause for complaint than is found in the evidence taken by our com- mittee. I submit to any candid, fair-minded man, is not a success like this marvelous, and its accomplishment with so Little friction, SO slight individual, personal injustice without parallel in the history of law and its enforcement ? And now I come to the second great crime 1 against the right of suffrage, " false registration and repeating." Its extent I have already indicated; its remedy was hard to find, and made especially so, first, for the reason that the city authorities changed election districts every year, and sometimes twice a year, cutting frequently single blocks, single squares, in half, thus rendering impossible any comparison of registries and poll-lists of any one year with any preceding year ; second, for the reason that registration under the law then closed only two days before election, thus giving no time for examination and comparison. To overcome these difficulties Davenport took a copy of the cen- sus, all males over the age of eleven— three hundred and thirty-three thousand —under the number of the houses, by election districts, assorted, wrote them on slips, boxed the slips, then sorted them alphabetically by the inside letters down to the last letter, so that it became a directory, an alphabetical list in ad- dition to the house list ; then copied the inspectors' books, the registers, ana poll-list, brought them into block-books, so as to keep each block by itself; tli en made maps of everv house, building, and lot in the city ; also in blocks js corrected them every thirty days. Says Mr. Cox in his report : You cannot build a wing to your house, or change its number or add to its stories or rooms, or change the character or quality of the dwelling, without its being registered by the supervisor. All vacant lots, parks, stables, houses of bad character, public buildings, <&c, appear. So perfect was the machinery that Mr. Davenport says : 1 did not care how often they changed the election districts, I could take one block and another block and make my election districts as fa3t as they could change theirs, and have it within twenty-four hours. Then the law was changed giving ten days between final registration and election. Every supervisor was required to keep a copy of the registration in his district and return at once to the chief supervisor. False registration ana repeating without detection became impossible. The third and fourth classss of crimes against the ballot were, voting on the names of dead men, the registering and voting of unpardoned convicts, To prevent these the supervisor prepared books containing a record of everv State-prison conviction m the county of New York for twenty-five years, witn an accurate description of the man, his height, complexion, age, married, of single, occupation, crime charged, trial, plea, verdict, sentence, whether par* doned or not ; and this record was corrected every thirty days. Also for the same time records of all deaths, with street, number, name, age, nativity, €olor, occupation, time, place, and cause of death. And these crimes were ef • fectually stopped. False counting and canvassing was pretty thoroughly checkmated by the law and its enforcement by Mr. Davenport, as the following evidence shows : By. Mr. Cochrane : Question. Who has the custody of the records showing these several votes ? Answer. That is published in what is called the Oity Record, the official paper of th3 sity. Q,. Who has the custody of the original returns ? A. The original canvass of the State officers— the State inspectors send their original canvass to the county clerk, one copy to the county clerk and one copy to the bureau of elections. The supervisors of elections send their canvass to me, and I have the returns f roni every election precinct, showing not onty the supervisors' count, but also showing the in* spectors' count ; and in that way I have a check on any alteration of the returns thereafter, because I make them takedown the count of the State officers, and then taise their owa sount, and wherever there was a variance the man got into difficulty. 12 Q,. You have no personal knowledge, however, as to the correctness of those returns, have you ? A. I have the official ret urns made under the law. The supervisors are sworn. 1 did not personally canvass the vote. Q,. Therefore you have no personal knowledge as to the correctness of these returns ? A. No, sir ; I had the official reports certified by the ceunty clerk and published in the official paper of the city. That 1 have here in Washington. That paper is rnade by law the place lor publishing the official canvass.— DavenporV s testimony. But time will not allow me to specify further the means adopted by Dav- enport to secure pure elections. It does not seem to me that man could devise machinery more perfect, complete, and more certain to secure the desired end. How did it operate in Xew York I It must be remembered that Davenport commenced under the first election law in 1870 ; that both law and man vrere silent and powerless in the odd years and in the election of all officers except Representatives to Congress. Of the election of 1872 the New York Tribune^ then good Democratic authority, declared it " to have been most thoroughly honest and to have been nearer a pure election than the city of Xew York had had in years." Allow me to give a few extracts from the testimony of a leading Demo- crat and prominent official of the city, Mr. William C. Whitney, taken before the investigating committee of 1870, of wnich th«* honorable gentleman from New York [Mr. Cox] was chairman : When Mr. Davenport comes to explain to you the elaborate machinery for detecting frauds upon the franchise in New York citv which he has devised and set in motion, you will gee plainly that the security against frauds of this character is gre ,ter than anywhere else to the United States. Again : Of course you must understand that this system undoubtedly has the effect of prevent- Ing fraudulent voting. Again : From what I have seen of the preparations made to prevent fraudulent votf ng, with which Mr. Davenport is justly to be credited, I do not believe there is as honest an election In the United States as is held in New York city. Again : I am entirely familiar with the system that he has put in operation. I think it is very thorough, and if a man succeeds * * * in voting when he has no title to vote he is pretty smart. Again : Que Axon. You think that the supervision of the election, under the system of Mr. »av- enport has had the tendency to prevent illegal voting and to give a fair election ? Answer. I think it has. Yss, sir. Again : I have heard him (Kelly) express the same opinion * * * that Mr. Daren port has been a very important accessory in preventing fraudulent voting in New York city. The chairman of this committee, Mr. Cox, says : Whatever may be said about the United States law as to elections or their supervision by Unit, d states authority, &c, this must be said, that the administration ef the law by Commissioners Davenport, Muirhead, and A-llen, the Un ted States functionaries, and their subordinates" was eminently just, wise, and conducive to a fair publi j expressioa ia & Presidential year of unusual excitement, &e. Again : From the moment the supervisors are appointed, from the moment that the lists are purged, from the moment that the applications are examined, to the very last return of the popular expression, this election shows the calm mastery of prudence. For this due eredr* should bo given to men of both parties, and etjpetially to ».he corporation counsel, Mr. Whit- ney, and tiie United States supervisors. Now, sir, examine some figures frorn which correct conclusions arainevita- ble: Sixth Ward Statistics.— For President, I860, 3,224 ; for governor, 18G4, 3,781'; for President, 1808, 5,401 ; for secretary of State, 1809, 6,280 ; in May, 1870, for judges of f be court of appeals, 6,350. liefer tothecensus and you will find thil ward during this time steadily decreasing in number of inhabitants, but in- creasing in votes, as the above flfiows: The national act of 1870 was enforced at the November election in this ward, and what was the result? For governor, November, 1870, 3,003; for Congress, November, 1870, 2,805. Supervision had effected some of the gov- ernor's vote and reduced that for members of Congress more than one-half . A* Now look at the following year, 1871, an odd year, with which the United States officers had nothing to do : For secretary of State, 1871, 4,104. In February, 1871, the United States laws had been made more efficient. Now see the result in the same ward : For President, 1872, 2,4#5 ; for Congress, 1872, 2,414. Eighth Ward. — For several years, inhabitants decreasing, vote increasing under the fostering care of Tammany: For President, 18G8, 6,803 ; for Con- gress, 1868, N ,587 ; in May, 1870, for judges of court of appeals, 9,518 ; for gov- ernor, November, 1870,*' 5,412 ; for Congress, November, 1870,* 5.007 ; for secre- tary of State, 1871, 5,912 ; for President, f872,* 5,311 ; for CoKgrefs, 1872,* 5,011. Wards. Population. Registration. Toting. I June, '70. June, '75. May, '70. May, '76. May, '70. May '76. 14,463 14,209 3,559 2,539 3,051 2,837 3,715 2,S78 1,606 904 1,382 819 23,748 20,843 5,748 3,559 5,804 3,251 17100 15,966 5,880 3,263 4,374 2,947 •Jl/153 19,S80 6,s62 2,939 6,350 2,674 34,9i3 32,488 10,>62 6,414 9,512 5,932 115,142 106,264 33,817 19,618 30,473 18,010 Observe that while the population decreased less than 9,000, the vote de- creased more than 14,000 ; amd yet the vote of 1876 was one of the largest ever thrown. Observe further that the decreasing vote is found in the Denis rratic nurseries. Please examine tLe party vote in the same wards, the scattering being ex- cluded : Wards. Republican vote. Democratic vote. May, '70. Nov., "&6. May, '70. Nov., '76. 6^6 394 2,422 1,993 203 235 933 584 448 5,147 2,803 627 842 3,747 2,105 260 524 6,090 2,150 1,038 2, -244 8,474 3,688 Total 3,414 4,687 26,813 13,323 Total poll 1870 110,000 Total poll 1876 171,00« A Democratic decrease of more than one-half ! Is this because the num- ber of Democrats has actually been reduced ? Not at all. It is only this and nothing more : under these election laws his power of voting has been re- stricted. One Democrat under the old regime was worth as much as two to-day. Of course such an interference with prolitic democracy must be un- constitutional. WHAT DO FACTS AND FIGURES SHOW ? Now, do not these facts and figures conclusively prove that there were no fair elections in New York City for many years, up to and including that of 1868 ; that false registration, repeating, corrupt naturalization, and fraud of every kind utterly overcame " the will of the people ;" that interference by Federal authority was a necessity so far as it could constitutionally be had ; that the election law^s of 1870 and 1871, and their enforcement by United States officers, has purified elections 7 Why, then, this sudden Democratic hue and cry against tkose laws? Why this determination to repeal the law or de- stroy the Government ? Is it because of their cost ? Are they, as the Demo- crats insist, " heaping burdens upon the poor T The election of 1868 cost the city of New York $550,000, and what was it this money purchased ? A farce ! a fraud ! That of 1870 cost $450,000 ; 1871, * United States law enforced. 14 $375,000. Now the election costs the State only about $150,000. Add to that amount paid by the United States, even years, since the law went into effect, averaging, including all expenditures, chief supervisor and all, not over $100- 000 a year, and the result is : Pure election, 1878, costs the United States and State $350,000 ; bastard election, 1868, costs the State $550,000. Where are the burdens 1 No, my Democratic friends, lovers of ydur kind, your cards are not good. Is it because, as Mr. Lynde says, there were arbitrary arrests in 1878 ; be- cause too much power is placed in the hands of a partisan supervisor ? Why, fentlemen, there were fifteen hundred warrants issued in 1876 and three hun- red arrests, all under the supervision of the autocrat Davenport ; and yet there was no complaint, according to Mr. Cox. Everything was serene and lovely. Is it because a score of men entitled to vote were arrested in 1878 and thus deprived of their rights? Mr. Cox says such mistakes must inevitably happen, and they did occur in 1876 ; and yet everything worked together for good then. Is it because the enforcement of this law operates against the Democratic party rather than against the Republican ? Of course it does. So does the enforcement of any law against crime. Repeal the whole criminal code ; open the doors of every prison, jail, and penitentiary in this country; and the Repulican party would ue shortly in a hopeless minority. One illustration will serve to show in what soil this party of "reform" flourishes. 1862 : General Wadsworth, the Union nominee for governor ; Horatio Sey- mour, the Democratic. The county of St. Lawrence, made up of substantial, intelligent and well-behaved farmers, cast a vote of 13,321. Wadsworth had 9,698 ; Seymour had 3,623. Thirty-nine election districts in the city, containing a little less population than St. Lawrence, polled 14,345 votes. Wadsworth, 1,681 ; Seymour, 12,654. The inhabitants of these districts were degraded, intemperate, ignorant, and criminal. These districts, as appeared by the police records, contained 2,743 groggeries, 279 brothels, 170 resorts of thieves, 105 policy shops, and gam- bling-houses and dance-houses in great number. They gave Seymour a greater majority than he had in the whole vote of the State of 602,546. Right here, sir, I wish to call the attention of the committee to the testi- mony of a man of great experience, Mr. Ottarson, given before the Cox com- mittee in 1876. Mr. Ottarson had been a journalist in New York city for twenty -five years, connected with the Tr-ibwne from 1841 to 1865, subsequently with the Times and the Herald, the compiler of the Whig or Tribune Almanae, a careful student of social and political statistics : I do not believe nor do I charge that all Democrats are dishonest ; but 1 do mean to say that every disnonest man, every vagabond, gambler, illegal rum-seller, tramp, loafer, and bad citizen, in whatever line of business, from burglary down to French pools, is instinct- ively and practically in favor of Tammany Democracy. Again : More than thirty j T ears ago the Whig and native American majority in the Legislature got up a bill to purify elections. Tammany opposed it. It was enacted. Tammany defied it. A.s soon as the Democrats got a majority the law was repealed. When it was proposed to sub- stitute glass ballot-boxes for the dark sepulchers, so easily packed before the polls opened, Tammany opposed it. When it was proposed to give each party an equal representation in the boards of election officers, Tammany opposed it. When it was proposed to close liquor shops during voting hours to prevent fighting and general disorder, Tammany opposed it. When it was proposed to remove ticket booths far enough from the polling places to avoid crowds and confusion, Tammany opposed it. When minority representation was proposed, Tammany opposed it. When the people found that the Democratic leaders had been grant- ing enormous donations and privileges to certain religious organizations and proposed an amendment to the constitution of the State forbidding appropriations to any sect whatever, Tammany opposed it. W henever and wherever there has been proposed the least possib'e restriction of liquor selling or the least attempt toward the eniorcement of a regard for Sunday, Tammany has opposed it. Words of mine would have failed in any attempt to describe Tammany Democracy. This witness does justice to the subject. What a spectacle do we behold to-day — a union between the confedeate Democracy of the South and this Tammany Democracy of the North! Have they forgotten history, and that it repeats itself ? They have worked together before, worked for slavery and against the rights of man, worked for a despotism and against a Republic ; the one finally made a mad attempt to destroy the Government, the other cheered it on ; the one fought for years to achieve its terrible purpose, the other sympathized, but coward-like, dared not help. The one sowed the wind and reaped the whirlwind; the ether cringed and shivered before the blast. The one mourned over blasted hopes, broken families, ruined fortunes, and a 15 devastated country ; the other lamented only the loss of political power. And qo"w once more they clasp hands. The cojaederacy 'demands thai all protec- tion to the voter shall be withdrawn ; tfia't no civil or military officer shall, witli armed men, secure to the trembling black citizen his right to the ballot , that Ku-KInx and White-Leaguers shall recognize ; that scourging, beating, and assassinations shall go unwhipped of justice; and Tammany as before shouts "Amen and amen/' Tammany demands that "thieves, vagabonds, gamblers, tramps, loafers, and bad citbens" shall again control elections in the city of New York ; that corrupt judges, false witnesses, and perjured applicants shall again swell their majorities ; that false registration, repeating, simulating voters, aiid manipulating votes shall once more overcome the will of the peo- ple, and the confederate Democracy shout hack their amen. Together they demand that their wicked will shall prevail or the army shall be starved and all the functions of Government shalfperish. But the old ship of state sails calmly on. She has encountered in her voyage deeper seas, fiercer waves, an- grier storms, more dangerous shores, and has found safety from them all. The Great Pilot is at her helm, and, freighted as she is with the hopes of man, all the powers of darkness cannot prevail against her.