3.-Naturalization frauds in various counties.

It has been impracticable for the committee to investigate fully the naturalization frauds practiced in the interest of the democratic party in any of the counties of the State. But for the purpose of ascertaining their prevalence and character, sufficient evidence has been taken to show that certificates of naturalization were extensively issued in modes not authorized by law, or to persons not entitled to naturalization, or otherwise fraudulently in the counties of Orange, Ulster,42 Monroe,43 Westches

41

A. No, sir; he stated that the two dollars was to pay the persons who personated the principals and the witnesses; that he did not want to make anything, and he did not want me to make anything by the operation. 924. Q. Then he had persons to personate the applicants and the witnesses?-A. So he stated to me 225. Q. Were the names you gave him real or fictitious?-A. I believe they were fictitious.

Judge J. H. McCunn gives this evidence:

3643. Q. Did you not often find that persons attempted to be naturalized under the minor form who were not eritled to be ?-A. Plenty of them. I found men attempting to be naturalized who had been born here; for what purpose I cannot tell you. I could detect them from their conversation, and I arrested many such

men.

3644. Q. Were they trying to be naturalized under other names than their own?-A. Undoubtedly. And see Evidence, 2.

41 In Orange county hundreds of naturalization certificates were issued by the county clerk, and some three deputies appointed by him without authority of law, who, while the court was in session, went into different rooms outside of the court-room, and there took affidavits and issued papers. It is further shown that on one occasion the judge, when about to leave court, informed the clerk, "If you do not see me in court, the court is open all the same, " and then left the court-room, remaining absent nearly three hours, during the most of which time parties were naturalized and certificates issued by the clerk and his illegal appointers to the extent of at least 100 for this single day.—Evidence, 8876, 8877, 8878, 8879, 8880, 8884, 8887 and 8888.

A large number of naturalization certificates were also received from the courts in New bYork city by parties who never applied therefor.-Evidence, 8595, 8598, and 8599; 8675, he8677, and 8678; 8688, 8692, 8815, 8816, 8822, 8833, and 8826.

m.

Richard Tracy, a resident of Port Jervis, testified:

A week or ten days before the election I received a letter, whether there was a signature to it or not I canot tell, notifying me that I would receive a box with some 50 or 60 odd naturalization papers for parties in real ur town. I was not to know any of these men, but they were to call there. I was to leave the box in some Anspicuous place where they could get the papers. Other parties were to instruct them where and how to it them. 95.3 All the papers were called for and taken except 14 or 17. 8896. Q. What did you do with the box when it came ?-A. I stuck it behind the counter in a case. A8897. Q. Was it left open there ?-A. Yes, sir. There was a cover on it-on the back. It was a cream tar

ti tar box. Whenever I saw a person coming whom I had reason to suspect was coming to get one of these papers, I would get out of the way, so as not to get too closely implicated in the matter.

8898. Q. Were the names already inserted in these papers?-A. I believe they were. I did not examine the whole of them, but they were of such as I looked at.

8899. Q. I understand you to say that they were all taken from the box that stood there except 14 or 17?— A. Yes, sir.

8900. Q. What became of those?-A. I burned them.

8901. Q. Would it be possible for you to produce one of that batch of papers?-A. I do not know but that I have one around the house.

8902. Q. Will you endeavor to find it, and let the committee have it before we go away?-A. I have not the slightest objection to giving you the paper if I can find it.

8903. Q. Do you remember whether this letter which came to you was dated in a particular place?—A. I could not say. I did not take particular notice. If I remember correctly it was in the same handwriting as that of the signature to the paper. That is my impression.

8904. Q. Do you remember where those papers purported to be issued-whether in New York city or not?A. I could not say.

8905. Q. Did you preserve the letter?-A. I believe I put it in with the naturalization papers, and burnt them all together.

8906. Q. Do you know of any particular persons who received those papers?-A. I do not know as I do; I have seen some parties going in and out of the house, but I could not say whether they took the papers or not. I always walked out of the back door when I saw parties coming whom I suspected of coming to get any of these papers.

8907. Q. Do you know who it was that gave them information, or was to give them information, as to where they were to get the papers and how?-A. No, sir.

8908. Q. How did the box come?-A. I think it was left at the house by some parties; I think some four or five young men came in one night and left it there. I did not find it until early in the morning. I get up between 5 and 6 o clock in the morning, as a general thing.

8909. Q. Do you know what the politics of these persons were, or supposed to be, who received these papers?-A. I supposed them to be democrats.

42 In Ulster county about 600 aliens received certificates of naturalization, probably twothirds of them furnished by the county clerk or his deputy, on application at his office, without any action or order of a court or judge; one man appearing before the clerk as a witness for between one and two hundred applicants; and in probably more than a hundred cases certificates were granted without production of a copy of the previous declaration of intention, but on affidavit that applicants previously had them.-Evidence, 7434 to 7481.

13 In Monroe county, during 1868, and mostly in October, 1,256 aliens received certifiH. Rep. Com. 31—2

ter, Rensselaer, 45 Putnam, 46 and Green 47-every county where any investigation has been made.

cates of citizenship, and the county clerk, his deputy or assistant deputy, was in the habit of granting these certificates with no judge there and no court. Joseph L. Lackey, a lawyer, in Rochester, testifies in relation to the court records:

From Palmyra, in Wayne county, we found two papers issued to Timothy Cosgrove on the same day. One of them we found was issued on a declaration that he came to this country under the age of 18 years, and the other on the first paper of a man by the name of Ryan, I think. So Mr. Cosgrove had two papers.

7553. Q. Were these aliens witnesses for each other?-A. Yes. There are numerous instances of that kind. There were 45 of this class from Livingston county who came to Monroe to be naturalized.— Evidence, 7560.

Certificates were issued to persons having made no previous declaration of intention, and not otherwise entitled.-Evidence, 7562.

Anthony Biser testifies that he had his first paper "just a year;" that he gave it to the clerk at Rochester, who gave it back and gave him a certificate of naturalization. (Evidence, 7567.) This was on a minor application," (Evidence, 7589,) though Biser was 42 years old when he came to this country, (Evidence, 7583.)

66

These facts will explain why aliens went from Livingston county to Monroe to be naturalized.

44 In Westchester county 502 aliens were naturalized in 1868, of whom 138 were in October. J. Malcomb Smith, the county clerk, says: "The practice in the county court was to go before the clerk and get [naturalization certificates ] from the clerk, when the court was not in session." (Evidence, 5736.) This practice was continued to September. (Evidence, 6857.) Most of these certificates were illegal and void.

The business was so conducted that on the 3d of October, undoubtedly after public attention had been drawn to fraudulent naturalizations, 13 orders of naturalization, made August 29, and 2 of August 21, are cancelled on the record. (Evidence, 6867.) When one day requires so extensive correction confidence in all must be seriously impaired.

66

Thomas Smith, a coroner and justice of the peace, at Hastings-on-the-Hudson, says he introduced as many as thirty people" in the clerk's office, a considerable portion of whom were not entitled to naturalization or were furnished with certificates illegally issued. The clerk and the coroner were democrats.-See Evidence, 2292, 2753, 4080 to 4107.

66

66

45 In Rensselaer county, at Troy, during 1868, a justice's court issued 2,358 certificates of citizenship, two-thirds of them in September and October, and of these 2,002 profess to be on minor applications!" Irving Hayner, a lawyer of Troy, testifies that applicants were brought in there in squads of 10, 15, and 20 at a time." The clerk would administer an oath, but

Would pay no attention whether they observed the formula or not. He would then make out a list of names from the book and hand it to some democrat in attendance, who seemed to be overseer of the naturalizations. He would bring the squads there, coming from different portions of the country or adjoining counties, make out a list of names, and the leader would take it to the justice of the court. The justice would sometimes be in his office, south of the court-house, in a separate building from the court-room, and sometimes in some of the saloons adjoining the court-house, in there with his friends drinking. The party would take the list of the names and march the candidates out. The justice would tell them to hold up their right hands, and administer the oath without examining the parties, or questioning them in his office or in the saloon, as the case might be. I have no doubt that one-half or two-thirds of all the naturalizations were done in that way; that is, in the manner of swearing by the justice.

The records consist of printed blank applications bound up in a book; and the witness says: The clerk would not fill up the blanks at the time, or before the oath was administered. All the writing in the blanks would be the name of the alien, and sometimes the country from which they came; and probably a couple of hundred pages of that book were not filled up until a week or two after election day. I saw men, who had the appearance of being 50 or 60 years old, swear that they came here as minors. Perhaps along about the 20th or 23d of October they would come from Washington county and Columbia county, in squads of 30 or 40, and perhaps more, all swearing that they came here under the age of 18 years. The number from Washington county naturalized under 18 was 257; over 18, 10, who were soldiers. From Columbia county, under 18, 108; over 18, 3. From Cohoes, under 18, 160; over 18, 21. I examined the records to find how many of the aliens who were naturalized were witnesses for each other. I find there were 595 and upwards. I never saw the judge there more than two or three times while I was in the court from time to time. It was seldom that he remained there while the naturalizations were going on. I saw the clerk engaged in having aliens sign the books, administering oaths, and making out the papers, and that was done frequently when there was no justice present in the court.-Evidence, 7497.

James P. Butler, a lawyer of Saratoga Springs, testifies:

On the 23d of October Pat. Brannegan was arrested for obtaining fraudulent naturalization papers at Troy. A list appeared of about 25 who had put in their first declaration, and, then, within two years, the large body of them had all been naturalized here. This Pat. Brannegan was among those, and he, among others, was arrested. He had his name registered, and voted, and swore in his vote.

Thomas Neany, one of the justices who naturalized, testified that

The reason why large numbers came here from Washington, and Columbia, and Saratoga counties to be naturalized, their courts being in session at the same time, was that they could get naturalized more readily, and it was more convenient for them to come. It has been our practice for ten years to naturalize large numbers from those counties at every fall election.

It will be seen, the records being left blank, except the name and sometimes the residence, at the time of naturalization, the evidence of this witness is thus recorded:

[Book No. 10, containing the naturalizations last fall, produced by witness, and, after examining the book

On the 30th December the clerk, however, gave permission to make the examination "under protest."

Subsequently the evidence of McClusky showed that application for naturalization had been made, and certificates of naturalization granted on fictitious names on the 21st and 23d of October, and, of course, on forged signatures of applicants and witnesses. On the 6th of February the clerk was subpoenaed to appear before a sub-committee of this committee at New York, and produce these papers. Under pretext that it was not practicable to assort and produce the papers, they were not produced, although it is admitted that some of them were ready and could have been produced.81

After a correspondence evincing a purpose to delay or defeat the purpose of the committee, Mr. Loew appeared before the committee in Washington, February 17, with an opinion of the judges that it was not lawful to remove the papers from the jurisdiction, and so their production was refused.

The purpose of delay at New York can be understood. Their production there would have furnished the means of confirming the evidence of McClusky and Taylor as to their spurious character.82 The investigations of the committee were otherwise obstructed.8

83

The power of the House of Representatives is undoubted to compel the production of papers, but this is more especially so when, as in this case, the judges and clerks derive their powers and exercise their jurisdiction under acts of Congress, and as to subjects over which the States have no control.

THE NUMBER OF CERTIFICATES OF NATURALIZATION GRANTED IN THE SUPREME COURT IN NEW YORK CITY, IN OCTOBER, 1868.

Edmund M. Plumb, clerk of records in the office of the clerk of the supreme court, testified that he "examined the records*** on file,*** and" presented a statement showing 10,070 naturalized in October. How many records are not on file he does not say. But it is susceptible of demonstration that very many more certificates of naturalization were granted than the applications on file show.

BY THE BLANK CERTIFICATES.

This court procured blank applications and certificates, as follows:

81 Evidence of Loew at Washington, February 17. 82 Evidence of Loew at Washington, February 17.

83 See evidence showing that Sheriff O'Brien stationed some of his deputies at the door of the committee room, who arrested some of the witnesses. (Evidence, 5918, 5985, 5994, 6000, 5483, 5485, 5498, 5499, 5512.) And see journal of the committee, with Le Barnes communication to the committee.

The records or files show persons naturalized as follows:

Now, if as shown, nearly 4,000 more blank certificates were procured on 16th September and 6th October, before naturalization in this court commenced, than the whole number issued, why were there procured 25,000 more, 10,000 of which were only two days before naturalization ceased?

EVIDENCE DIRECT.

Mr. Loew, the clerk, testifies that the blank certificates are "never given out," and that certificates of naturalization were "to be given out only by the clerk on the order of the court." 84

On the 12th February, the committee directed the county clerk "to have counted at once, and certify to them, the number of blanks and certificates of naturalization now on hand for the supreme court." On the 17th February, an assistant deputy clerk certified that he found "after counting the same, 1,862 blank certificates of naturalization in this office."

It will be seen, therefore, the whole number of blank certificates

received was.

Issued as the records show

Blanks on hand

39, 000

10, 070
1,862

11, 932

27, 068

Unaccounted for

Mr. Leverson testifies

What was done with these remains to be seen. that in October he was in the room formerly used as a sheriff's office, in the basement of the City Hall building, in which the court was held, and clerks were engaged in filling up blank applications.

He says:

A. On the occasion when I saw these papers filled up with the name of Patrick Goff as the witness for so many persons, I saw a pile of the same kind of papers all filled up appa. rently in the same writing. When I say all it is a presumption on my part, for I had an opportunity of seeing only three or four in the batch, but they were all in the same hand

84 His evidence is

1580. Q. Could any person calling at the office and wanting a blank naturalization paper like that submitted to you here, get it?-A. They could get blank applications; nothing else.

1581. Q. Did you ever give out any of those other papers, so as to have them go outside of the court-room, to any person?-A. I never gave out any of them.

1582. Q. Who does that; who gives out the final papers?-A. If I understand you, the "final paper" is the

certificate.

1583. Q. Yes.-A. Well, that paper was to be given out only by the clerk, on the order of the court. 1584. Q. The blank, then, is never given out?-A. The blank is never given out; there never was one given out to my knowledge.

1572. Q. State to the committee how it is that those blanks of the final papers, such as you saw here today, are procured to be printed, or by whom it is done.-A. It is done in my office; they were ordered to be printed by my office-by me.

1573. Q. And they are kept in your office?-A. They are.

1574. Q. Are they printed on separate sheets or in books?-A. Always in separate sheets.

1575. Q. And they are sent to you in burdles ?-A. Yes.

1576. Q. Where is it your custom to keep those blanks?- A. In the general office of the county clerk.

(And see 1613, 1634, 3758, 3832, 3413.)

(See Evidence, 3758, 3833.)

writing. I lifted up a number and saw several in different parts of the pile; all had Patrick Goff as witness, and all were in one or other of the same three handwritings. Of course I had no opportunity of examining the whole pile, but those seen in different parts of the pile seemed to be in the same handwriting, both the filling up and the applicant's name and the signature of the applicant; and to all three, besides those which I counted during the time that I was watching the operations to the whole batch already prepared-the name of "Patrick Goff, his mark," was placed as witness. I say this with the explanation that I did not see the whole lot. One batch of clerks could not get through the whole lot, and the foreman handed a list of names on some sheets of brief paper to some one else, and told him to fill them up. The man said, "Shall I make these in the supreme or superior?' to which the reply was: "Make them in the supreme; they go through easier." On the 15th of October one of the clerks told me that up to that date they had put 20,000 through the mill, (that was the expression used by him; I employed it first to him and he adopted it,) and that they expected to get through another 20,000 before election. Another gentleman came in about that time, and his statement reduced the number about one-half; he said they had done 10,000 and would do 20,000. My belief is that the former number was correct, and I will give you my reasons for so thinking. There would be four or five batches varying from 110 to 200 in number, averaging about 140 or 150 got through by Judge Barnard in each hour It seems impossible at first, until you remember that the only thing the judge had to do was simply, as fast as the clerk turned over the papers to him, to sign his name, or, I think, simply his initials to the fiat. That is the way it was done-no question of any kind being asked. I can also speak of two occasions when I saw the court at work up to 10 and half past 10 o'clock at night. I cannot myself speak of more than two such occasions, but I can direct you to further evidence about the hours that Judge Barnard's court was kept open. I sent down some persons to make certain inquiries, and I could also bring them before you if you desire.

What the practice in this court was may be seen from the evidence of Robert E. Adams, as follows:

A. I was in the circuit room, supreme court, on the morning of October 10th last, about 10 o'clock. I went in at the usual entrance to the court-room. There was no judge in court. Mr. McKean, the clerk, was there, and several young men officiating in some clerical capacity behind an extra table at the clerk's desk. My business there was to look at the day calendar of the day before. I asked Mr. McKean, the clerk, to let me see it. He said he would, and told me to wait a few moments. While waiting, I was startled by somebody behind the counter wanting to know why that door was open by which I had come in. It was ordered to be shut and it was shut. While I was waiting, some men at the table alongside the clerk's desk were very busy filling out naturalization papers. During this time, a party came by the door that is usually used by the judges and some officers of the court, and with red tickets in his hand, called out to the court as he approached the table, "I want ten citizens' papers." "Very well," said McKean, “I will hand them to you directly." The man said, "I am in a hurry.' McKean turned his back to his desk and opened some drawers that were behind him and took several of these papers. The man said,

66 he was in a hurry, and wanted to know whether Charley, or Bill, or somebody else, would not give him the papers." McKean said, "Wait a minute, or something of that kind. After a little interval he got up and handed him ten citizens' papers, and the man threw down ten naturalization tickets. I am not sure whether it was McKean or one of the men at the desk who handed him the papers. In the mean time I got the calendar from Mr. McKean, found what I wanted, and then left.

1703. Q. Did you examine the papers delivered to the man who came with the red tickets? A. No, sir; I judged the character of the papers from their general style. They were printed forms, partly printed and partly written. I cannot say whether they corresponded with those now shown me because I did not see them opened. But the man did not ask for any particular kind of papers, only he wanted ten citizens' papers.

1704. Q. Was any writing done upon the papers that were delivered to him after he came in ?

A. There was nothing done to them after he came in.85

85 And see evidence of Theodore Allen, February 6; and witnesses showing certificates sent to Connecticut. And see 4645, 4661, 4664. It is quite clear certificates were issued without any application in court. Henry Lyle says:

4645. Q. State if you know of any certificates of naturalization being obtained there in that court without any witness being present at all.-A. Yes, sir; I had papers from that court without either applicant or witness being present.

4754. Q. How did you come on the 21st of October to sign the papers of these two men for naturalization as a witness? Did you sign their names to the papers?-A. No, sir; I made out their papers. 4755. Q. Were you the witness in each case?-A. I was not.

papers and

4756. Q. Who was their witness?-A. They did not have any witnesses. I made out their them to the men; in the afternoon the men returned and gave me the certificates. 4757. Q. Who was their witness?-A. Henry Lyons is the name I put down on the paper. 4758. Q. You have said, in reference to these applications, that nobody was sworn at all; how do you know that?-A. I know it from this fact, that the supreme court was not in session on that day between those

gave