The New York Herald Newspaper, December 13, 1878, Page 3

> JOAN | DAVENPORT. Petition of Naturalized Cit- ‘ izens to Congress. THE STORY OF AN ELECTION DAY, Alleged Intimidation by the Su- ; pervisor of Elections, ARRESTS WITHOUT WARRANT OF LAW. Terrible Record of Hard- ships Endured. GROSS PARTISAN ACTION CHARGED. Impeachment and Removal Demanded. obese ts FROM OUR SPECIAL CORRESPONDENT, Wasninaton, Dec, 12, 1878, Mr. Wood caused a breeze of excitement in tho House this morning by offering a resolution provid: ing for the investigation of the conduct of John I. Davenport, in connection with the recent election in the city of New York, in the following words:— Whereas it is alleged that at the election held in the city of New York on 5th November, 1878, United States Commissioner J. I, Davenport, acting as Chief Supervisor of Election for the Second Judicial District, was guilty of an illegal, unjust and oppressive exer- cise of pretended authority, in causing the arrest, detention and imprisonment of citizens innocent of offence, by which he deprived them of the right to vote and subjected them to Nera pene insult and in- timidation, without warrant of law or justification; which arrests have been declared illegal in a test case by a Judge of the Circuit Court of the United States; and whereas ‘if these allegations be true that officer should be forthwith removed and punished, ‘ Resolved, That the Committee on the Judiciary be directed to |, without delay, to an investiga- tion of the conduct of said Davenport at the time aforesaid, with power to sit in the city of New York, by sub-committee or otherwise, and that said sub- committee shall havo all the authority of the whole committee for said purpose, with power to admin- ister oaths, send tor persons and papers, to sit during the sessions of the House and to report at any time. REPUBLICAN OBJECTIONS, The resolution was accompanied by a petition mumerously signed, stating the matters of grievance. Objection was made by Mr. Conger, and the petition ‘was not read. Mr. Garfield made the point of order on Mr. Wood that Davenport was not an impeachable officer, and suggested that the resolution should be laid over to enable members to examine its scope and satisfy themselves whether is was a question of privilege, and also whether Mr. Daven- port was a civil officer within the meaning of the fourth section of the constitution. SUGGESTION FROM THE SPEAKER. The Speaker suggested that as the resolution pre- sented avery important question it had better lie over to enable him to examine authorities on the subject, and the resolution is now in @ Position to be called up at any time. It is not likely, however, that the Speaker will rulo on the point before Monday. It is generally held to be sound that the Speaker cannot be asked to decide the question whether a given person is im- peschable by the Honee, and it has usually been held that tho Speaker cannot decide s question of the priv- fleges of the House... Mr. Wood means to press the resolution vigorously, and is determined, if possible, to expose and cause to be punished what ho regards a6 an illegal interference with the election in New “York city. But he will not, of course, interfere with the convenience of the Speaker. When the matter comes up again it is likely to cause a lively debate, THE PETITION. * The following is the text of the petition :— To THe HonoraBLy THE House oF REPRESENTATIVES The undersigned would respectful present th undersigned would respec! represent that on November 5, 1878, an election was ‘hen in the city and county of New York for Mayor, District Attorney and other county officers, and for members of Con- ress and of both branches of the State Legislature. White the city of New York is usually democratic by large majority, on this occasion a combination had been made between the republicans and a portion of the democratic party in favor of the candidates for most of the offices, and the election was closely con- STATE AND FEDERAY. ELECTION LAWS. By the election law relating to’ New York city, all ‘voters are required to register in their several elec- tion districts upon either the 8th, 16th, 25th or 26th days of October preceding the’ election, and if adopted citizens, to exhibit, when so registering, to the inspectors of election, their certificates of natu- ralization, and the latter are required to enter in the registration books, the court in which such parties were naturalized and the date of their certificate. By the United: States election law a Chief Super- ‘visor of Elections is appointed in all large cities, who is uired to be a United States Commissioner, and who holds his office ‘while faithtul and capable.” (Revived Statutes, sec. 2,025.) Whose duty it is “to prepare the necessary blanks, to present to the Circuit Court the names proposed for supervisors of elec- tion, to require from the latter lists of the registered voters, and cause the names of those whose right to vote is honestly doubted, to be verified by inquiry at their respective places of residence, and to preserve the oa of marshals, and all other papers referred to in the statute (sec. LAW REGARDING NATURALIZATION, ~ By the act of Congress, July 14, 1870, it is declared to be # felony :— #irs{—For any person to falsely personate another in naturalization proceedings, or falsely make, forgo or counterfeit any certificate of naturalization, or sell any such Paper. (Revised Statutes, sec. 5,424). Se ‘or any person to use any certificate of naturalization, knowing the same to be forged or coun- terfeit or or the same lo have been procured by fraud or otherwise unlawfully obtamed, or ‘without lawful excuse knowingly to be possessed of such paper. (Revised Statutes, sec. 5,425.) ‘hird—For any person in auy manner to use for ‘the purpose of istration as a voter or a8 sridegee of a right to vote or otherwise unlawfully afi . certificate of citizenship, judginent or application showing any person to be admitted as a citizen, know- ing that such order or certificate, judgment or exemplifica- tion has been unlawfully is or made, (Kevised Btatutes, sec. 5,426.) NUMBER OF MALES. According to the census of 1475 the number of males over the age of twenty-one residing in the city of New York was:— uralized citizens... Second—Native born citizens.. Third—Alicns,.....s0000s000+ Total... 43 000s seeseeseessecscesce SOMMT ‘The majority of these naturalized citizens, it was ‘well known, were democrats, and would vote for the democratic candidates for tho various offices tw be filled at the November clection. DAVENPORT'S OPERATIONS. _— ele 1878 and previously Johg I. Daven- rt, nited States por Jommissiouer and Clerk of the Circuit rt of the United States for the Southern district of New York, was Chief Supervisor of the city of New York, and had in hisemployment one Stephen Mosher. Among tho 141,000 naturalized citizens entitled to ‘vote in the city of New York were a large number who had been naturalized in the different courts of the city during the year 1864, Commissioner Daven- port, taking advantage of the fact that a number of Raturalization papers were known to have been ob- tained by fraudulent practices during that year by Persons who had not resided a sufficient time in the country, and that a certai: ount of suspicion, in the public estimation, was attached to certificates Dearing that date, formed a deliberate scheme to in- tim.dat all persons naturalized during that ear, whether guilty of fraud or not, mi exercising the right of suffrage, know- ing that the majority of such — persons were democrats. He therefore caused notices to be given that all certificates issued during that we illegal, and particularly those issued out of he Superior and Supreme courts of that city, not upon the ground that these certificates had beon ob- tained by false personation, perjury or other frand, but because the clerks of the courts, after administer- ing the oath of naturalization, had neglected to enter in the mirtutes thereot the admission of the person naturalized in what he (Davenport) considered to be the proper form. METHOD OF NATURALIZATION. The method of naturalization thus objected to was not new, neither was it confined to the year 1468, Inthe Superior Court the practice was one that had prevailed during fifteen years, fron 1 lowy before any suspicions of improper practices had attached to any ot the Justices of that cotict, to 1873, lung after they had ceased. Under it 40,000 citizens, including over one thousand women, had been naturalized dur- ling this period, all of whom, it the objegsion made to NEW YORK HERALD, FRIDAY, DECEMBER 13, 1878.—TRIPLE SHEET. these certificates was correct, were aliens and without right to hold the property they had since acquired. BEVORE THE SUPERIOR COURT. This question, so far as the action of the Superior Court was concerned, was brought before Hon. John J. Freedman, one of the Judgea of that court, at a special term thereof, held October 15, 1878, upon the petation of several parties naturalized during the year 1868 to have the record of their naturalization amended so as to correct the defects complained of by Commissioner Davenport, and upon notice to the United States District Attorney for the Southern dis- trict of New York. After 4 careful examination of all the authorities Judge Freeaman ren- dered an. exhaustive opinion, deciding . that the method of naturalization complained of was law- ful and regular and, therefore, declined to permit the amendment asked for, Atthe same time he stated that if any case of actual fraud was brought to the notice of the Court it would at once vacate any cer- tificate of naturalization founded ‘upon it. No at- tempt was ever made by Commissioner Davenport or any other person to bring up this question before any other court, and up to November 5, 1878, the day of election, this remained the only known judicial decision upon the subject. VOTERS INTIMIDATED. The fear that Commissioner Davenport would take some such course as he actually did take deterred a large number of citizens, naturalized during the year 1868, from registering. * While there were about ten thousand of them who registered in 1876, in 1878 the number was but five thousand. This number did, however, register upon different days, the first day of registration being twenty seven days before the day of election, the second nineteen days, the third ten days and the fourth and last being nine days. Some of these men when registering were told by the supervisors of election appointed by Commissioner Davenport that their naturalization papers were irregular, others were not. In some cases the super- visors took the papers by force from the yoters. Many of them thus notified made inquiry at tho Superior Court and of lawyers, and were informed that their papers were legal, Judge Freedman’s opinion being considered conclusive. THE PRINTED COMPLAINTS. On the 3d and 4th days of November, 1878, the day preceding the election, Commissioner John 1 enport: caused the said Stephen Mosher to swear before him to about 4,000 printed complaints against the persons regis- tered as voters in the different election districts in this city as having naturalization papers issued in the year 1868, charging them with having ‘‘on ove of the days of registration, for the purpose of register- ing or otherwise unlawfully used,.a certificate of naturalization, knowing that it had been unlawfully issued or made, but containing no further particu- Jars, said Mosher having and being known by Daven- port to have no knowledge whatever of the parties or of the facts except such as he might have obtained from copies of the registry lists.” On each of these so-called “complaints,” many of which he admitted upon his recent exam- ination in court that he did not read, Commissioner Davenport issued a warrant for the arrest of the ac- cused and placed the same in the hands of the mar- shals he had detailed to the various polling places in the city, so that they were there at the opening of the polls, the proceedings being kept strictly secret. DEMOCRATS DRAGGED FROM THE POLLS. As soon as each voter who had registered upon papers issued in the year 1868 presented bimeelf he was arrested and esp from the polls, unless known to be in favor of the combination ticket, when he was not molested. Early in the day the men were arrested and taken away to intimidate others. When this result had been accomplished those com- ing later were told that if they did not vote they would not be interfered with. If they did vote they were arrested on thespot. In many cases those ar- rested were taken in the first place to the republican headquarters of the district and from there to Dayen- port's rooms. The others were taken there directly. THE SLAVE PEN, On the upper floor of the Post Office a largo “slave ”’ had been provided, into which these men, guilt- ess of any crime, were thrust like wild beasts, until it was packed with a Srizaling masse ot suffering hu- manity, and there they were kept in this condition for hours without food or water. In addition to those thns confined the court rooms of the Circuit Court were crowded with other prisoners waiting the slow process of having their cuses disposed of by three Commissioners—Davenport, Deuel and Shields. ‘There were several other Commissioners in the build- ing, or where their services could have been ob- tained, but these cares were only brought before these three, one being the instigator of the whole Proceeding ‘and the other two clerks employed by im in his offico as clerk of the United States Circuit Court, and therefore subservient to his will. dition, it was physically impossible for these three men to hear the vast number of cases brought be- fore them during election day. Th pursued. in the mejor 6 process pursus the majority of the cases ‘was uniform and evidently agreed upon beforchand. The men were called up one by one and asked a number of questions, particularly if they had voted. I they had end if their naturalization was regular according to their statements they were in- formed that if they waived an examination they would be released upon their own recognizances to await the action of the Grand Jury, and were sccord- ingly discharged. If it appeared not to be regular they were heid to bail. If they had not voted they were told that poag wana, be required to give bail vi from $1,900 to $5,000, unless ledge ives not to vote, | also told they ‘be arrested asecond time if they broke their promises, it having been previously announced by Us jioner Davenport that he would exercise, what he termed his legal right, of taking twenty-four hours to examine into the sufficiency of any bail which might be offered, and would commit the party arrested in the meantime. This was cquivalent to informing those men they would be locked up for at least a day if they refused to give the required pledge, and, with more or less demur, it was given by all. Nor was the threat of punishment for its jolation an idle one. HOW A VOTER WAS PUNISHED. Patrick Whelan, who was brought before Commis- sioner Deuel on election morning, and released after his pledge had been extorted from him, voted in spite of it. He was at once armsted and brought before that Commissioner, who asked him if he had voted. He replied that he had a legal right to vote and hud done #0, a8 he did not consider a promise obtained as his had been binding. Bail was at once offered in the person of ‘Mr. John Foley, a well known and responsible business man, Peyponally acquainted with Mr. Davenport. Cofumissioner Deuel evaded the responsibility by sending the matter before Davenport himself, The latter stated that he would hold Mr. Whelan in $5,000 bailto await the action of the Grand Jury. Mr. Foley at once signed @ bail bond in that amount, and justified as the holder of unencumbered real estate in a sum tar exceeding it. Mr. Davenport, however, stated he should take time to examine into his suffi- ciency as surety and sent Mr. Whelan to jail. Sev- eral hours later counsel inquired if he would not ac- cept the bail, and entered a formal protest against his conduct. His only My ad was that he intended to take his full time, and it was not until the following ‘Thursday that the bail was accepted and Mr. Whelan released. All through the day the examination dragged along as slowly as possible, ten men being brought in under arrest where one man was released, until atter the closing of the polls, when the remainder were re- leased in @ mass. CHARACTER OF PERSONS ARRESTED. Tho persons thus arrested and incarcerated for hours like felons included all classes of society from merchants to di rers. Among them were a number of soldiers and sailors who had been natural- ized upon the honorable discharge they had received from the army and navy. One of these had lost his right arm, but even he was not released until he had mised not to vote, the Commissioner naturally faving great trouble in explaining to him why he shor not be allowed to exercise the right of @ citi- zen, for which he had shed his blood. CONKEQUENT HARDSHIPS, With scarcely an exception the persons arrested had gone to the polls with tho idea of only bein; there for a few moments, and their arrest caused wt hardship. Somehad’ sick and even dying rela- ives who neqdet them, ff, were sick ‘themsclves ; others would their situations by their absence; several were carmen who had lett their teams stand- ing in the streets and did not know what had become of them; many wero lightly clothed and suffered from the exposure. In short, every possible injury that could be imagined, from the sudden arrest of this great number of unsuspecting citizens in a great city, was suffered by these men, EVIDENCE OF INTIMIDATION, The actual personal wrong sustained by those thus deprived of their liberty was not the whole of the injury inflicted by this procedure. The news of these arrests spread like wildfire through the city, and the majority of those adopted citizens who were naturalized in all courts during 1868 were intimidated from voting, thus carrying out the object for which the scheme was conceived and executed. While the number of those thus naturalized im 1876 was about 10,000, of whom nearly all voted, it sunk in 1478 to 5,054, of whom only 2,951 voted, showing an actual intimidation of over 2,000 votes and a probable one of over 7,000. Nor was this intimidation confined to those natural- ized in 1868. All knew Commissioner Davenport by reputation and knew the lengths to which he would proceed, and it was generally known that the objec- tions made to the certificates issued in 1864 applied as strongly to other years as to that. None knew how far he had yone; consequently large numbers of voters, although naturalized in other years than 1868, were apprehensive that they, too, might be arrested if they offered to vote, and ‘stayed away from the polls, AGAINST DEMOCRATS ONLY. It is unnecessary to say that this intimidation was directed against democrats, A few republicans wero arrested, but it was by mistake, and they were gen- erally released by the marshals. For example, Thomas Keyworthy and John Sparrow were both naturalized inthe Superior Court on the same day and in the same manner, and both registered, The former, who is well known as a democrat, was arrested and kept a prisoner for several hours. ‘The latter, who is equally well known as a by gies was not interféred with, A number were told that they would not be arrested if they would voto for some republican candidates, THR NUMBER ARRESTED. ‘The number of persons who were thus arrested and imprisoned can only be ascertained by a committee of Congress. Application has been made to Commis- sioner Davenport to inspect the records of his office, but he has refused, except in cases where the counsel applying have been specifically authorized by the parties arrested, and in those cases only upon pay- ment of fees. Even in these cases he has refused to allow his minutes of In ad- prisoners’ statements to be examined, as also has Commissioner Devel. It is known that the number of ‘warrarits issued was abont four thonsand. According following the clection, and which were evidently ot ef from Davenport, the cases actually heard on. to the accounts published in the pupers onthe day | wh*t | ¥ election day were 530—225 by Commissioner Daven- port, 180 by Commissioner Deuel, 125 by Commis- sioner Shieids—of which 30 were sent to jail, al- the others having been liberated. This number evli dently does not include many who were brought down to the court rooms in the Post Of- fice building and discharged after it was too late for them to vote and without any examination being had. Neither does it cover the large number of men who were arrested and were discharged by the marshals or by the supervisors, or at the repub- lican headquarters, to which they were taken, cither on their agreeing not to vote or through influence of various kinds, Neither does it include the persons arrested and taken before Commissioner Apgar in the upper part of the city. ‘The better opinion is that the number actually arrested was about one thousand or fifteen hundred. ARRESTED WITHOUT CHARGE, ‘The proceedings of ‘Davenport and Mosher in op- position to the right of personal liberty show that @ large number of persons were arrested and impris- oned against whom no charge whatever existed. The certificate of Michael Lawless was dated in 1860 and that of Johannes Marks in 1878, ‘The certificate of naturalization of Edward Roach, though dated in 1868, was a duplicate of one taken out the year be- fore, and there were many such cases. Other men were arrested who were naturalized in the Superior Court of the State of Connecticut, in other courts of other States and in the interior counties of New York. But 4ll were arrested the same way and upon the same printed charge. COMMENT UNNECESSARY. It is scarcely necessary to comment upon the impropriety of this action of Davenport and strument, Mosher. The law under which they pre- tended to act simply covers the unlawful use of a certificate of naturalization with the knowledge that it had been unlawfully made. Conceding every- thing asserted as to the action of the courts in issu- ing these certificates of naturalization, they were simply irregular, not unlawful, ‘They were taken’ out ten years ago by parties who knew that they had complied with the law, and did not and could not know that the leged irregularities had been committed by the clerk after they had taken the oath. They had also been informed vy the decision of the Court nat- uralizing them that their papers were regular. How, then, could it be said that these papers were illegal or that they had used them knowing them to be illegal? If Commissioner Davenport had been acting with no ulterior purpose but solely with an honest desire to enforce the law, why did he not cause one or 088 more of these parties to be arrested on the first day of registration, nearly a@ month before the election, so as to present a test case for decision by a United States Court. But without regard to this we insist that in the absence of any decision specifically declaring the use of these certificates unlawtul, or even if such a decision had existed, the issuing of 4,000 warrants secretly at day- light on election morning for the arrest of that pum- ber of the bs citizens was a judicial outrage which has had no parallel in this country. If it had taken place in England it would have resulted in the overthrow of the ae, regponsi- ble for it. In Paris it would have produced a révolu- tion. Is it to pass without notice in America ? ‘THE COMMISSIONERS’ ILLEGAL ACTION. ‘The conduct of these Commissioners subsequent to the arrest of these parties wasas illegal as the issuing of the warrants. If these men bad committed a crime in registering they should have been held to bail. No other crime was charged against them, and the Commissioners had no right whatever to exact @ promise that they would not vote, or any other promise, as a condition of discharging them. Their jurisdiction was limited to passing upon the crime with which they were charged. Their action was reducedsto an absurdity by their dis- charging the men:,who had voted and holding those who had not voted to bail, inasmuch as those who had voted had committed a second crime and were more deserving of punishment than those who had not. Again, it the crime was serious enough to de- serve the secret and summary arrest of 4,000 men, why was it that they were discharged upon their own recognizances after they were arrested? Is not that fact in itself sufficient to stamp the transaction as in- tended for intimidation. CURIOUS CONSTRUCTION OF LAW. The manner in which these Commissioners con- strued the law may be estimated from the conduct of Commissioner Deuel in the cases of prisoners who wero charged with using certificates of naturaliza- tion unlawfully issued to them, and where it was shown that such certificates had been destroyed long previous to registration and that the accused had registered upon parole proof of their natural- ization. On the point being raised by counsel that they must be released becauso charged with an offence they had not committed, it was overruled by the Commissioner, who decided thet they had practically used the certificate— although it was conceded not to exist—and were therefore within the mesning of the law. MORE ABBITRARY ACTION. . The. arbitrary action of Commissioner Davenport was not confined to the cases of naturalization. For example, there were in the Bellevue Hospital some twenty-five voters known to be democrats, who oc- cupied various positions there as assistants and helpers to the physicians and clerks, and who have for . and voted from that place. question in rd to their right to yote from the Was raised in the piesa of 1875, and it was decided by the United ‘States Attorney that they had a legal resi- dence. there, =e they were permitted to vote, which fact appears the “* of Electtons in Northern States,” No. 218, Forty-fourth Congress, p. 65. Late on the night previous to election two of these men were arrested and brought before Commissioner Davenport. They were both natives of the State; one was @ carpenter in the hospital and the other sn_ assistant in the “i. Commissioner Davenport held them to bail in $3,000 each. He was reminded that he had coincided with the views of the District Attorney in 1875 thet these men could vote, but replicd that “we” had de- cided that they could not vote, and stated that war- rents wero issued against all of those residing in the hospital, and that they would be arrested if they offered to vote. As it was the day before election he consented, as a favor, to accept the bail offered him and discharge the men, but warned them that on the next day, “election day,” if any bail waa offered, he would take “his twenty-four haurs” to examine it and would commit the men in the meantime. He was asked if he would accept money or securities in liew of bail, and that if he would it would be furnished, but he refused to do so. THE PETITIONERS. ‘The undersigned represent a small number of the persons who were thus arbitrarily arrested and im- prisoned on election day. Every one of them, a8 they are advised by counsel and verily believe, was legally naturalized and complied with: every part of the law. Among their number Matthew Cole was @ sergeant in the Fifty-eighth New York volunteers and lived for eighteen years in the United States. He obtained his naturalization papers upon his honorable discharge, after having served four years in the army. He was arrested on election day and sent to Ludlow Street Jail, where he remained several days, his wife and four children in the meantime starving for want of his daily carnings. ‘Thomas K. Hughes was not only wounded, but was taken prisoner during the war. George Hils, Richard , P. J. Dugan, Adolph Zenzemer, John Gunning and others were also soldiers or sailors who wero naturalized upon their honorable discharge from the army or navy. Some of them came to this country more than thirty. years ago. For ten years bre have all exercised the rights of citizens. any of them have acquired real estate under the faith of their citizenship; they have rendered to the govern- ment all the duties which it has Gr poe them as citizens, and they now appeal to the Congress of the United States, as representing that government, to know whether the rights thus obtained are to be trampled under foot at the will of United States Commissioner, and whether the privi- lege of naturalization, accepted by them in the belicf that it would be a shield to them as American citizens, is to be converted into an instrument of oppression, and whether they are not only to lose their citizenship, but to be adjudged criminals on account of an alleged technical error by the clerk of the court in which they were naturalized, of which they were euseely. ignorant, which oc- curred after they took tho oath of citizenship and re- ceived their certificate of naturalization, and which it ‘was not possible for them to control. REQUEST OF THE PETITIONERS, sary to cause an immediate and thorough investiga- tion into these transactions, and if the facts proved substantiate the assertions contained in this petition that you will cause Conmissioner John I. Davenport and his associates to be impeached and removed from office. All of which is respectfully submitted. 5 GEORGE HILS, THOMAS K. HUGHE:! MICHAEL LAWLESS, MATTHEW KELLY, PATRICK GREEN, THMOAS BRYSON, ABRAHAM SELIG, ABRAHAM WOLTMAN, GEORGE SCHMIDT, JOHANNES MARKS, EDWARD ROACH, MICHAEL GAGAN, ANDREW FOX, WILLIAM O'ROURKE, JOHN GUNN, ED. ROACH, MICHAEL DOOLEY, PATRICK CLEARY, RICHARD DEGAN, MICHAEL WALE, PETER ROSE, PHILLP COMMUFORD, CHARLES SPULER, BENJAMIN HYAN, JOHN LUCE, JOHN EVANS, THOMAS MATCZYUSKI, PETER GRANT, NATHAN SCHACK, JOHN KEEN, JOSEPH GERSPACH, PATRICK MC FE, VINCENT DUNAUD, BERNARD WILLERMAN, FRANCIS McMAHON, JOHN HERSSELMANN, LUKE HILL, THOMAS KEYWORTH, JACOB FREEDMAN, JOHN LEDDY, JOEL GRAVEN, PAT. UC. McCOKMACK, HYMAN SUSSM. ADOLPH ZERREMER, JAMES BARMO! THOMAS DUGAN, ED, JAJER, JAMES NEWMAN, PATRICK SMITH, A FRED, DARNSTADT, VORNELIUS MANGIN, PATRICK McGO' hy JOHN CAMPION, JOHN GUNNING, EDMOND KOLBE! PATRICK SHERIDAN, New York, Noy. 26, 1878, ARTHUR 4 PATRICK N, WHAT COMMISSIONER DAVENPORT SAYS, Commissioner Davenport, on being informed of the introduction of Mr. Wood's resolution in the House of Representatives, said to a reporter of the HrnaLy that he was very glad Mr. Wood had taken that course, and that he was ee & desirous that a Con- gressional investigation into his conduct should be made, In the presence of the reporter he sent the following telegram to Mr. 0. D. Conger, of Michigan, one of the inewbers of the Judiciary Committee :—- “the républicans in the House will vote for Mr. ution, but for a full investigath day. WASHINGTON, The New York Nominations in Committee. SENATOR CONKLING IN WAR PAINT Bitter Denunciations of the Presi- dent Reported REORGANIZATION OF THE ARMY. Report of the Special Committee to Congress. FROM AN OCCASIONAL CORRESPONDENT. WasHinGron, Dec. 12, 1878. ‘THE NEW YORK NOMINATIONS BEPORE THE COM- MITTEE ON COMMERCE. The Senate Committee on Commerce which has in charge the various Custom House nominations and others, held its first meeting this morning. This meeting was, according to the gossip of the evening, very poorly attended, and the following account of the proceedings is given by persons who pretend to be well informed, When the hour came for the meeting of the committee, at half-past ten, of the nine mem- bers who are Senators—Conkting, the chairman; Spencer, McMillan, Patterson, Jones of Nevada, Gor- don, Dennis, Ranson and Randolph—only four ap- pearod—namely, Messrs. Spencer, Patterson, Dennis and Randolph. The Chairman, Senator Conkling, did not arrive until half-past eleven, and on his arrival business was begun. The Chairman brought up be- fore the four committeemen a considerable num- ber of unimportant nominations, which were considered and passed upon or referred, and finally, at about ten minutes before twelve, the hour of ad- journment, the Chairman brought up the New York Custom House nominations. Having laid them before the committee, Mr. Conkling thereupon made an ad- ressd upon them, speaking his mind, with freedom and acrimony, of the President and of his action in making these nominations, and stigmatizing in par- ticular the act of removing Messrs. Arthur and Cér- nell and appointing others to their places during the recess of Congress by very opprobrious epithets.’ It, is asserted that he used the words ‘cowardly’ and “sneaking” as properly descriptive of these acts, and it is added that he has rarely spoken more contemptu- ously or bitterly of the President than he did to-day. ‘When he had done, Senator Randolph arose and said that in his belief the act of the President was entirely proper and within his discretion. It violafed no law, but was ini strict accordance with the Tenure of Office act, and he held that the duty of Senators was to look to the merits and character of the appointments and where the President made good and unexceptionable nominations he should consider it his duty to sup- port them and move their confirmation. ‘At this stage of the proceedings, when a good deal of Senatorial heat had been evolved, Mr. Dennis moved that, as four membersof the committee were absent, the further considerations of these appoint- ments be postponed. On this motion a vote of those present was taken, which resulted ina tie, Messrs. Dennis and Patterson voting for a postponement, and Messrs. Spencer and Randolph against. This caused an evident embarrassment to the chairman, seeing which Mr. Randolph, the report says, suggested to Senator Spencer that he had better save further embarrassment to the chairman by changing his vote and thus carrying the postponement, to which, the story goes, Senator Spencer replied with considerable wild West- ern energy that he would not do so. Finally Mr. Conkling declined to cast the deciding vote, and on motion the committee adjourned, not to meet again until next Thursday, the 19th, the day for adjourning over the holidays being set by the House for the 20th, in which the Senate will probably agrea ‘Thia story is the subject of eager discussion among republiciin politicians to-night. It‘is thought to set- tle the hitherto undecided question of Senator Conk- ling’s. attitude toward the administration. It has .beon ‘supposed that he.was, if not friendly, at least neutral, and it is now scen that he means to make fight. No doubt is felt that the nominations will now go over until after the holidays, and they cannot be considered then until the meeting of the 10th of Janu- ary. Some of General Merritt's friends assert that they have knowr for some time that his nomination would be opposed by Senator Conk- ling, and they are not surprised, but they add that the Senator will find that he cannot carry the same strength in the Senate this time that he did on the occasion when he defeated Roosevelt and Prince, and that the longer he delays to report the nominations now the longer the present officers will retain their places, It is generally understood that the President will not under any circumstances re- nominate General Arthur or Mr. Cornell. sedlteieles FROM .OUR SPECIAL CORRESPONDENT. Wasutnaton, Dec, 12, 1878. SENATOR EDMUNDS’ CONDUCT DURING AND OPINION OF MR, BLAINE’S SPEECH.’ Your correspondent was in error in the report of the debate on Mr. Blaine’s resolution yesterday in stating that Mr. Edmunds read a book during the delivery ot Mr. Blaine’s speech. Mr. Edmunds had a book in his hands; he was looking up a passage in this book when Mr. Blaine began to speak, but he did not read during the speech. Further, the impatience he showed that the debate should close arose out of a strong desire to lose no time needlessly from the discussion of the Prosidential Elections bill, which Mr. Edmunds is very anxious to pass at this session and hopes to bring to a vote to-morrow. As his haste and apparent impatience to end the debate and go to the regular order were mis- understood by many persons it is just to him to state, on tho best authority, that he is favorable to the resolution of Mr. Blaine, and thinks the democrats made a grave mistake when they did not at once, and without debate, accept it. FROM OUR REGULAR CORRESPONDENT. Wasurxaton, Dec, 12, 1878, REORGANIZATION OF THE ARMY—REPORT OF THE . SPECIAL COMMITTEE. The report of the special committee on the reor- ganization of the army was made in the Senate to-day by Senator Burnside and in the House by Mr. Ban, ning. In the Senate tho bill was mado the apecial order for tho 8th of January. Tlic report and bill, as already stated, makes a very voluminous document, entering into the minutest details connected with the military service. The especial inten- tion of the committes to make the bill a unanimous report failed. Mr. Bragg, of ,Wisconsin, did not arrive, as was expected, and it was not until to-day that Senator Plumb gave it his approval. At the meeting to-day the committes resolved not to wait any longer, but to offer the bill as it was finally agreed upon. The intention of fixing the number of men at 20,000 was changed, for the reason that it wag shown that it would be impossible to secure favor. able action on this provision in the House, especially in view of the recent Indian troubles on the frontier, and that it was useless to submit a bill which was open to amendment in its very inception, ‘The committee found, also, that it was utterly im- practicable to consolidate the Quartermaster’s and Commissary departments. The feature of making the duties of the officers of the staff and line inter- changeable, and giving the President,the anthority to appoint the heads of the several staff bureaus, was adhered to. Provision was also made for the pro- motion of meritorious soldiers who were actually in field service, thus excluding the appointment of enlisted men on detached duty and in service in the departments in Washington. -The bill makes tho Secretary of War, under the President, the’ reapon- sible head af the army, disposing of the long mooted, point as to whether the General was the head or the Secretary. Another provision looks to the revival of what was commonly known inthe army ten years ago as the “‘Benzine Board," by whieh officers who are not regarded as coming up to the high standard of excellence expected of officers in the reorganized army may be eliminated, A prominent member of the committee said to-day, after the report was submitted, that he had not the slightest idea it would evex pass Congress. “I am aware,” he said, ‘‘of the powerful influence which army circles have upon legislation relating to their interests. ‘The radical changes which the bill proposes are enough to combine and concentrate all the opposition of the friends of the staff corps against its passage and the proposition to abolish the arsenals will also excite the opposition of the friends of the Ordnance Bureau, Still the committee has labored faithfully to perfect such a bill as their appointment demanded, and, while it contains provisions which are objectionable to several members of the committee, there had to be concessions for the sake of unanimity.” The bill provides for the repeal of so much of the Revised Statutes aa refers to the organization of the army, from section 1,094 to 1, both inclusive. Among these sections are those providing for two regiments of cavalry and two of infantry, the enlisted men of which shall be colored men, and also the section 1,218, which prohibits the appointment of any person toa position in the army who served in any capacity in the military or naval service of the 80-called Confederate States. In the readjustment of the bill no provision is made for the perpetua- tion of the distinctive colored regiments, and in the hurry of preparing the Dill ‘for presentation to-day the committee failed to insert the paragraph relating to appointments of those who served in the Confederate army. These omissions will undoubtedly provoke a lively debate, and as it was Senator Burnside's intention to have at least the section relating to the latter subject inserted in the bill, he will himself move it as an amendment when the bill comes before the Senate for discussion. CONGRESSMAN SMALLS’ CASE—THE ACTION OF THE CHIEF JUSTICE A SURPRISE. The writ of error granted by the United States Su- preme Court to the Supreme Court of the State of South Carolina in the case of Congressman Robert Smalls is made returnable on the second Monday of October next. This does not prevent the State Court from filing the certified copies of the case at an earlier date. Senator Butler says there will be no delay in making the answer. The action of the Chief Justice in granting tho writ isa surprise to those who are acquainted with the features of the case of Mr. Smalls, and it is un- derstood that the ablest counsel will bo employed to defend the position taken by the Supreme Court of South Carolina. RUMORS OF A COMING REPLY TO BLAINE. ‘There was a rumor in the Senate to-day that Sen- ator Wallace, of Pennsylvania, intends to reply to Senstor Blaine’s speech. GENERAL WASHINGTON DESPATCHES. Wasuraton, Dec. 12, 1878, DUTIES ON SUGAR—THE WAYS AND MEANS COM- MITTEE IN SEARCH OF INFORMATION. The House Committce on Ways and Means to-day adopted a resolution offered by Representative Gibson providing for the appointment of a sub-committee of three to invite the Secretary of the Treasury (and such other officers as they may deem proper) to ap- pear before the committee next Tuesday, the 17th inst., with reference to the duties upon sugar, and providing .that the sub-committee shall in the meantime collect such other information on the sub- ject as they may beable to, and report to the full committee. Mesars. Gibson, Phelps and Garfield were appointed to serve as the sub-committee. It was also agreed to-day onthe first day after reas- sembling of Congress the committee will give a hear- ing to all persons concerned in the question of duties upon sugar. ATTOBNEY GENERAL DEVENS WILE NOY RETIRE. ‘It can now be stated positively that there is at least no present probability of Attorney General Devens’ retiring from the Cabinet. The President and other members of the Cabinet consider it of advantage to the government that no change shall occur at present, and while General Devens has had offered to him the position of the First Cireuit Judgeship he will defer his own wishes in regard thereto and remain in his present office, WEST POINT OFFICIALS OPPOSED TO A RAIL- ROAD RUNNING THROUGH THE ACADEMY GRouNDs. ‘ A letter from the Secretary of War was laid before the Senate to-day, accompanied by a communication from the Commanding Gencral Department of West Point and an opinion of the Judge Advocate General relative to the right of way granted to the Hudson River West Shore Railroad Company across the prop- erty belonging to the government at West Point, N.Y., by the act of Congress approved December 14, 1867. In accordance with the opinion of the Judge Advocate General, the Secretary ot War respectfally recommends that the consent given by the act of 1867 be withdrawn and that the military authorities be authorized to so far remove or modify the con- structions, &c., erected or placed upon the land of the United States at the post of West Point, in con- sideration of the discipline, convenience and sanitary needs of the United States Military Academy, as ? ad be thought proper. PROCEEDINGS OF CONGRESS, SENATE. ‘Wasntnaton, Dec. 12, 1878, Mr. Ferry, (rep.) of Mich., from the Committee on Post Offices and Post Roads, reported favorably on the Senate bill to designate, classify and fix the sala- ries of persons in the railway mail service. Placed on tho calendar. Mr. Wrxpom, (rep.) of Minn., called up the House bill making appropriations for fortifications and other works of defence and for the armament thereof during tho next fiscal year. In explanation of the bill Mr. Windom said the Committee on Appropriations recommended an increase of tho appropriation for the protection, preservation and repair of fortifications from $100,000 to $200,000. They made this recommendation upon information from the departinent that recent storms had injured some of the fortifications and it would require con- siderable money to repair them. The committee also recommended an increase of appropriation for the armament of sea coast fortifications from $125,000 to $250,000, because it was thought that our fortifi- cations should be armed with guns of heavier calibro, The amendments proposed by the committee wero agreed to, and the bill was read a third timo and passed. Mr. Davis, (ind.) of Ill, presented a petition of citizens of Chicago asking that a tract of land of not less than one million nor more than three million acres be held and used for a national charity farm, where all classes of poor, sick, disabled or infirm per- sons may have a home. He also presented a petition oft citizens of Chicago asking an appropriation for the construction of a canal from the southwest branch of the Chi River to the mouth of the Calumet River, in that State, Mr. Anrnosy, (rep.) of R. L, from the Committes ou Printing, ie back the bill relating to pub- \l binding. Passed. lic printing «. It wuthorizes tho Public Printer to print and bind papers and documents for Senators, Representatives and Delegates in Congress upon amar of the cost thereof and ten percent additional. HOT SPRINGS RESERVATION. Mr. Bratsx, (rep.) of Me., called up the House bill, to correct angrror of enrolment in the bill making appropriations for sundry civil expenses of the gov- ernment, passed at the last session of Congress in re- gard to the Hot Springs reservation in Arkansas, It appropriates $27,500 for expenses of the com- mission to determine the claims of eettlers in Hot Springs reservation, and authorizes the President of the United States to appoint such commission, to consist of three members, to hold office for one year, &e., being an exact copy of the clause as passed at the last session. ‘Mr. Hin, (dem.) of Ga., objected to that portion of the bill which authorizes the Secretary of the In- terior to lease the Arlington Hotel on the reservation to the present proprietors at an annual rental of $1,000, and also authorizing him to lease bathhouses and sites for the same, Mr. Donsry, (tep.) of Ark,, in reply said the propri- etors of the Arlington Hotel had erected the building at a cost of $100,000 before it was decided that the land belonged to the United States. ‘The land was not worth a cent, and it was but just that the men who had built the hotel should be protected and allowed to gee possession of the property by paying ground rent. Mr, Hitt, of Georgia, argued that this was iaprayet legislation upon the Sundry Civil eee ill of last session, and it was now sought to it be- cative it was omitted from the Sundry Civil Bill, either by accident or in. That argument had no force Fith him, He spoke of the medicinal guslitipa of the | the integrity eae. . waters of the Hot Springs, and said they should bé kept perfectly free from intrusion. ir. ARLAND, (dem.) of Ark., advocated the passing of the bill, and argued that, as the measure passed at the last session and was omitted from the Sundry Civil bill, it should be promptly re-enacted now and, cord of Cougress maintained, Mr, Hiun, of rgia, submitted au amendment to strike out all that part of the bill aw i lease of the Arlington Hotel, bathhouss and it was rejected. ‘The bill was then read a third time and passed as it came from the House without amendment. During a brief discussion as to_ the order of busi- ness it was agreed that a vote on Mr, Edmunds’ bil to amend certain provisions of the Revised Statutes in regard to the count of the electoral vote, should be taken to-morrow. Mr. Bayaup, (dem,) of Del., announced that he would ask the indulgence the Senate to give his reasons for a somewhat hesitating support of the ill. ‘Lhe View Prestpent laid before the Senate a com- munication from the Seeretary of War in regard to the withdrawal of the consent of Congress to the Hudson River West Shore Railroad Company extend- ing its road across the West Point military reserva tion. Referred to the Committee on Military Affairs, ARMY REORGANIZATION, Mr. Bursstpr, (vep.) of R. 1, from the Joint Select Comunittee to Prepare a Plan for the Reorganization of, the Army, submitted a report,aceompanied by a hill apd numerous documents bearing on the subject. , The bill, entitled “A bill to Reduce and Reorganize the Army of the United States and.to Make Rules for Its Government and Regulation,” was placed on they calendar, and made the special order for the 8th of) January next. It was ordered that all the papers be printed. MISSISSIPPT LEVEES. Mr. Eustis, (dem.) of La., called up the bill intro- duced by him on the 4th of December, ap- propriating $5,000,000 for constructing, rebuild- ing and repairing levees on the Mississppi River in Missouri, Kenvacky, Tennnessee, Arkansas, Mississippi and Louisiana, for the purpose of submitting some remarks thereon. He argued) that the government of the United States had a pro- prietary right over and sole control of the Missis- sippi River. The responsibility rested with the gor- ernment of keeping that river in such a condition that it should not do harm to the property of other parties. OBLIGATIONS OF THE GOVERNMENT, 4 ‘The government bought the river, and he was not quite certain that it had not the right of disposing of it. He could see no reason why the government of the United States was not responsible in damages to thousands and thousands of people in the Mississippi. Valley who had been ruined by the crevasses. It was the duty of the government of the United States. to. police that river and keep it enclosed within its banks. . He spoke at some length of the great dam: from overflows, and especially that of 1874, and referred to the legal obligations of the government in the mat- ter, and argued that it was impossible for the States to adopt and execute any successful plan to perfect the’ levees. The work must be done by the general gov- ernment. Mr. Pappocs, (rep.) of Neb., introduced a bill to amend the posse comitatus clause of the Army Ap- propriation bill for the present fiscal year so as to: provide that it shall not apply to any part of the: army employed in States or Territories subject ta Indian incursions. Referred to the Committee’ om Military Affairs. THE MILITARY ACADEMY BILL. Mr. Wrxpom, of Minnesota, talled up the House bill. making appropriations for the support of the West Point Military Academy during the fiscal year ending’ Tune 30, 1879, In explanation of the bill he said the Senate com- mittee had added but $2,700 to the bill of the House— $1,000 was to correct an error in regard to the pay oft two professors, $1,200 for a clerk to the Treasurer,) and $600 for a sate for the disbursing ofiicer. The above amendments were - ‘The House inserted a proviso to the-clsuse sppro~ priating $3,000 for expenses of the Board of Visitors,’ including mileage; that each member of the Board should receive five cents per mile for travel and per day for expenses during each day of his service at West Point. ‘The Senate committee reported in favor of sti ont this provision, leaving the appropriation at $3,000 for the expenses and mileage of the Board, without stating what mileage or per diem shall bo paid. The amendment of the committee was to. Mr. Maxey, (dem.) of Texas, submitted an amend- ment appropriating $3,000 for apparatus for illustrat- ing the science of electricity, as applied to the useful arts. Agreed to. ‘The bill, having been considered in the Committes of the Whole, was reported to the Senate, read a third time and passed. ‘The Senate then, at five minutes past four, went into executive session and when the doors were re~ opened adjourned until to-morrow. HOUSE OF REPRESENTATIVES. Wasnineton, Dec. 12, 1878. / Mr. Woon, (dem.) of N. ¥., rising to a question of privilege, offered a resolution for the investigation of the conduct of John I. Davenport, Chief Supervisor’ of Elections for the Second, Judicial district. (Pye proceedings in detail will be found in another cole umn.) | is - stich Mr. Woop, of New York, chairman of the Commit.’ tee of Ways and Means, reported back the Senste resolution for adjournment over the holidays, from. December 21 to January 6, with an amendment pro-{ viding for adjournment from December 19 to Januaryt & The amendment was rejected—yeas 112, nays 130— and the Senate resolution, amended by making the ad- _Journment date from December 20, was adopted, THE GENEVA AWARD BILL. ‘The regular order being demanded, the House ree sumed the consideration of the Geneva Award bill. and was addressed by Mr. Wiuirs, of New York, im favor of the majority report of the Judiciary Com~ mittee, He reviewed the proceedings of the arbitra+ tent on perforiaisa tie duties in regard to toe sighed tent on performing its duties in regard to the right certain citizens who had suffered from the tions committed by the cruisers. far as it was a nation, was specifically dis-: allowed, and the declaration of the then Sec tary of State was to the effect that the Unit States government did not wish any pecuniary award. He was glad that the odious doctrine was not now urged by anybody that the money} Delonged to the United States. The money was held in trust and the only question was’ whether the cestui que trust were those persons whose claims were specifically allowed or those whose, claims were specifically disallowed. Insurance com-| panies should have been subjected to direct lows by | the depredations of the inculpated cruisers, and have, thus obtained an absolute right tos portion of the; award, which it was notin the power of Congress to divest’ them of. Ho defended the underwriters from¢ the attacks made upon them. They were the men who had kept the Stars and Stripes waving over the: sea during tho country’s hour of peril. ‘The majorit; bill simply referred ail claims to s judicial tril and no claimant could be heard in opposition to it unless he knew that justice would defeat him, equity Yould frown upon him and the law of nations undot im. H Mr. Larnam, (rep.) of N. ¥., followed in support of, the minority rt. About $10,000,000 rematuoa outl of the award. What was to be done with it? Some held that it should be returned to En; |, but now! that the United States had paid, and England had ped, five and a half millions for Looms dig = Ssh, the number of such persons had |. The idea of covering it into the Treasury had been aban= doned, aud it remained a fund to be given to a class. of people who suffered by the acts of the, Confed- erate cruisers. and, if that class could be found, ship- , owners who had suffered losses by payment of war’ premiums should be reimbursed before any other Mr. Porren, (dem.) of N. Y., spoke in favor of tho: majority report. The government held money to bo distributed according to duty, justice and sight, and as the award had been allowed for loss of #! ips and oes and nothing else the government had no right to do anything with it except to give it to those per- sons who were interested in the ships and Why should it go to the payment of war premiums. in preference to any other charitable purpose? He ‘was not in favor of corporations, but Fase ‘an le as! artificial associations were made legal perso: so long were they entitled to justice. It matt not whether the ship was insured or not. If any profit came to the insurance companies it came to tl » n@t by favor, but by right. e very first duty of the government was to do justice, and he was in‘ favor of administering the Geneva award acco! to right and not according to favor. ‘The matter then without action went over. Mr. Banna, (dem.) of Ohio, submitted the report, of the Military Commission. Ordered printed and made a special order for the #th of January. Mr. Baker, (rep.) of Ind., from the Committee on, Appropriations, reported a bill repealing so much: of the Civil Sundry bill as be phi pr aes $39,000 to the payment of the claims ot Charles P. Burki late Indian agent at the Ponca Agency. Ho sta that it was the unanimous report of the Committes- on Appropriations. The item had been added to the Dill im the Se: but it had since been discovered to bea fraudulent claim. A more unmitigated swindleg had never been foisted on a legislative bill. Mr. Hewirr, (dem.) of N.¥., stated that the item; had been inserted in the Senate and the Senate Con-! ference Committee had taken the respousibility of re-: taining it in tho bill, but now that it was proven to be fraudulent he was sure the Senate would be anxious. to remedy the wrong. ‘The bill was then passed, THE PENSION BILL. Mr. Smith, (rep.) of Pa., from tho Committee on Appropriations, reported a substitute for the Pension Appropriation bill. It was referred to the Committee ot the Whole, and at ten minutes after four the House Poe _ na Ra nen C that bill, Mr. Blacks urn, of entucky, in a ir. Mr. Towsmnns, dem.) of IIL, offered an smend- ment repealing the law which provides that no claim, for pension not prosecuted to a successful issue: within five years from date of filing should be ad- mitted without record evidence from the War or Navy Department. Ruled ont on a point of order, Mr. McManan, (dem.) of Obio, o' an amend. ment providing that no pension shall be stopped oF reduced without previous notice to the pensioners Ruled out on a point of order. ‘The committee roge and the bill was passed, Mr. Monrteon, (dem.) of Il, introduced @ bill to ree peal the duty on quinine. Referred, Mr. Evans, (dem), of 8: C., introduced ® bill ro. moving the political disabilities of ex-Senator James Chestmet, ot South Caroline. Passed, ‘The House then, at Ave o'clock, adjourned till toy Satie nt be