This evidence, taken in connection with the fact that certificates from the court are found in various counties, sent to parties who never appeared in court to procure them, and with the evidence of numerous other frauds, can leave but little doubt as to what has been done with the 27,068 blank certificates unaccounted for. SUPERIOR COURT. Owen E. Westlake, the general term clerk in the superior court, swore on the 28th December, that the "aggregate number of naturalizations in that court," from October 1 to October 23 inclusive, was 26,226,86 and for the year, 27,897. Joseph Meeks, deputy clerk of the court, officially certified to this number,& 87 and swore it 66 was an actual count." Adam Gillespie, the assistant naturalization clerk, swore to the same facts, and gave the same number. 88 The numbers thus sworn to by three officers, and officially certified to by one of the number, would seem to be sufficiently proved. Their evidence is quite as worthy of belief as any given afterwards to reduce the number, when a motive might exist to suppress those fraudulent on their face. The examination of the applications on file, made by direction of the committee, began to develope fraudulent applications, with forged names of applicants and witnesses. 89 Those making the investigations could only find in the court, and were only furnished by its officers with 17,915 applications.90 Adam Gillespie, a clerk in this court, again appeared before the committee on the 1st of February, more than a month after Westlake testified, and contradicts his own former testimony by swearing that "within the last few days" he "made a count of the entire number of applications 91 in the superior court," and the result was "that the whole number of applications from 1st to 23d October, inclusive, was 18,432." Although he says he "can safely swear that none have been destroyed or abstracted," yet, as various clerks and others had access to the office the evidence shows that there were abundant opportunities to destroy or abstract the papers. And Westlake who swore to the number in December, though yet a clerk in the office, is not produced as a witness to explain the alleged error in his evidence, nor is any reason assigned why hours naturalizing parties. I handed the papers to Pettit about 12 o'clock, and about 6 or 7 in the evening I received the certificates. The supreme court did not commence to naturalize until 7 o'clock in the evening. I was in the supreme court all that day hearing a trial. 4661. Q. Do you know of any others that were engaged in the same businesss?-A. Yes, sir; one was Patrick McCaffrey; another was John Gallagher; he is in the street department, I believe; a man at 189 King street; and also John Verway, conductor on a Ninth avenue railroad car; he resides at 439 West Thirtysixth street. I know William Thurbin, who is also engaged in that business; he is a conductor on the Bleeker street line, and resides somewhere in the 19th ward. There is also John Moran, who resides in the 21st ward. Also Chauncey Gray, who resides at the Putnam County House, corner of Twenty-sixth street and Fourth avenue. 4662. Q. Do you know John or Patrick Goff?-A. I do not. I know a great many by sight but do not know their names. Q. Do you know where Patrick McCaffrey is ?-A. I saw him last Monday. 4663. Q. Do you know Henry Blume?-A. I know a great many by sight who are engaged in this business, but do not know them by name. 4664. A. Do you know anything of the mode in which these men conducted their business?-A. They did it just the same as I did. Some of them were at Rosenberg's place; Rosenberg had three Jews who swore in papers for him. At the office of the Tammany committee, No. 1 Centre street, there was a clerk there from each ward. Applicants would come to these men to get their papers put through, and if they had no witnesses the clerks would go witness for them. In the sheriff's office the different wards had parties there who would go. Patrick McCaffrey was most of the time in the old sheriff's office. John Gallagher also had a desk there. 4767. Q. To what extent did McCaffrey carry on this business?-A. He carried it on to a very heavy extent. 4768. Q. To what extent did John Gallagher?-A. Very largely. Gallagher told me that he was in the street department. That is the only way that I know it. 86 Evidence, 2023. 87 Evidence, 7207-and swore it is an actual count "-3457. 88 Evidence, 7207, 8451. 89 Evidence, 6851, page 700, 7704, 7712-20, 7733, 7740, 7743-44. 90 Evidence, 7670; see table in note to this report, part 1, chapter 1, under head of “minor applications." 7732, 7741, 7643. 91 Evidence, 8223. he does not appear before the committee. These contradictory statements are not calculated to inspire confidence in the accuracy of these witnesses, and if any have been reckless or careless in their evidence they might be equally so in the mode of preserving the papers. Some of the same clerks aided in making the count on both occasions.92 To account for the discrepancy, it is said that in the first estimate they counted one bundle of 100 and estimated the residue in bundles of the same size as nearly as possible. But this cannot satisfactorily account for the discrepancy. 93 A comparison of the number reported for certain days by Westlake and the number last certified to as found in the office shows this, as may be seen from the following: And the applications now conceded to be on file were in part withheld from these investigations; for October 9, only 601 of the 877 admitted, and of the 1760 originally sworn to, have been presented for inspection.94 THE NUMBER OF FRAUDULENT CERTIFICATES.95 In view of all the evidence it is not too much to say no reliance can be placed on the records and files of these courts to declare the actual number of certificates of naturalization granted. The actual number of illegal, fraudulent and fictitious naturalizations never can be known, but including those sent from New York city over the State to persons never appearing in court, and it is probably safe to say that fraudulent certificates were issued from these two courts alone as follows: Fraudulent minor applications as shown above.. Highest number of prior naturalizations since 1855. Number as reported in 1868 . . . . 6, 656 16, 493 41, 112 Difference estimated fraudulent.... In the counties of Ulster, Monroe, Westchester, Rensselaer, Putnam, Green, and Orange, estimating what is probable from what is proved... Of the 27,068 missing blank certificates in the supreme court it would doubtless be safe to assume on the evidence that there have been used... 24, 619 27, 068 As the evidence shows a wide-spread conspiracy it is safe to estimate for other portions of the State.. Or a total of not less, and probably more, than Of the 60 counties in the State of New York 14 are democratic.96 93 Evidence, 8416. 94 Evidence, page 700. 92 Evidence, 8417, 8456. 95 Some estimate might be made by ascertaining the proportion of those proved fraudulent The 21st district, 17th ward, may serve as a specimen. There about one-fifth of the certificates presented proved to be fraudulent. Of course, there were really many more which escaped challenge, or otherwise avoided detection. The whole number of certificates reported is 41,112. One-fifth of this is 8,222. And the undetected and otherwise illegal would vastly exceed this.-Evidence, 369. 96 Evidence, p. 354. 5,000 5,000 68, 343 There is no evidence of the issuing of a fraudulent naturalization certificate by any republican court or officer, but New York city had made ample preparations to supply the democratic party abundantly even in the republican counties. CHAPTER III. ILLEGALITY OF NATURALIZATION PROCEEDINGS IN NEW YORK CITY. The acts of Congress authorize the naturalization, among others, of three classes of aliens: 1. Those residing five years in the United States, having declared in court, at least two years prior to naturalization, the intention to become citizens. 2. Those having resided in the United States three years next preceding the age of twenty-one years, and five years in all, in which cases no previous declaration is required. These are called "minor applications." 3. Those of the age of twenty-one years, honorably discharged from the army, on proof of one year's residence, and without any previous declaration of intention. In all cases the court must be "satisfied" of the facts and that the applicant has during his residence behaved as a man of good moral character, attached to the principles of the Constitution, and well-disposed to the good order and happiness of the same, but "the oath of the applicant shall in no case be allowed to prove his residence." Congress of April 14, 1802. 2 Stat., 153.) (Act of In New York city, during 1868, naturalizations were effected in the supreme court, the superior court, and the common pleas. The supreme court of New York professed to adopt the following practice: For the naturalization of those having previously declared in court the intention to become citizens, a blank form printed sheet is used, containing 97 It is as follows: SUPREME COURT, City and County of New York: to be admitted a citizen of the United States of America. STATE OF NEW YORK, City and County of New York, ss : being duly sworn, says that he resides at, and that he is well acquainted with the above-named applicant, and that the said applicant has resided within the United States for the continued term of five years, at least, next preceding the present time, and within the State of New York one year, at least, immediately preceding this application, and that during that time he has 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. Clerk. STATE OF NEW YORK, City and County of New York, 88: I, residing at do solemnly swear that I will support the Constitution of the United States, and that I do absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly to the -, of whom I was before a subject. At a special term of the supreme court, held at the City Hall of the city of New York, on the In the matter of the application of the within-named applicant to be admitted a citizen of th. United States of America. The said applicant appearing personally in court, producing the evidence required by the acts of Congress, and having made such declaration and renunciation, and having taken such oaths as are by theid acts required, it is ordered by the said court that the said applicant be admitted to he a citizen of the United States of America. Enter: 1. An affidavit of a witness to prove the residence and character of the applicant. 2. An affidavit of the applicant to support the Constitution and renounce all foreign allegiance, commonly called the "oath of allegiance." 3. The order of the court of admission to citizenship, or, as it is called in New York, the fiat. On production of evidence of the previous declaration in some court of intention to become a citizen, and proof under these forms, the judge signs his initials to the order of admission, the oath of allegiance is *administered, and the clerk furnishes a final certificate of naturalization to the applicant. For "minor applications" there is used97 an affidavit of the applicant, as to his residence, arrival in the United States, under 18 years of age, &c.; another of his intention for three years to become a citizen; another of a witness as to the residence of the applicant; then the oath of allegiance and the order of admission of the court. In the supreme court there were, in 1868, 10,093 naturalizations, of which 9,711 purport to be minor applications, leaving only 382 of all other classes! Minor applications require no evidence of a previous declaration of intention. For discharged soldiers there is used a petition and affidavit of the soldier, affidavit of witness, oath of allegiance, and order of the court. 97 The forms are as follows: SUPREME COURT, City and County of New York: to be admitted a citizen of the United States of America. STATE OF NEW YORK, City and County of New York, ss: the above-named applicant, being duly sworn, says that he resides at -; that he has arrived at the age of 18 years; that he has resided in the United States three years next preceding his arrival at that age, and has continued to reside therein to the present time; that he has resided five years within the United States, including the three years of his minority, and one year, at least, immediately preceding this application, within the State of New York, and that for three years preceding this application it has been, bona fide, his intention to become a citizen of the United States. --, being duly sworn, says that he resides at and that he is well acquainted with the above-named applicant, and that the said applicant has resided in the United States for three years next preceding his arrival at the age of 21 years; that he has contiuned to reside therein to the present time; that he has resided five years within the United States, including the three years of his minority, and in the State of New York one year, at least, immediately preceding this application, and that during that time he has 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 deponent verily believes that for three years next preceding this application it has been, bona fide, the intention of the said applicant to become a citizen of the United States. Sworn to in open court this day of 186-. Clerk. STATE OF NEW YORK, City and County of New York, s8 : -, the above-named applicant, do declare on oath that it is, bona fide, my intention, and has been for three years next preceding this application, to become a citizen of the United States, and to renounce forever all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, particularly to the Queen of the United Kingdom of Great Britain and Ireland, of whom I am now a subject. Sworn to in open court this day of 186-. -- Clerk. [Then follow the form of oath of allegiance, order of the judge, as in preceding form.] 98 They are as follows: SUPREME COURT, City and County of New York: In the matter of ——, on his petition to become a citizen of the United States. To the Supremourt of the State of New York: The petition of residing at respectfully shows: That he is of the age of 21 years and upwards, and has resided within the United States for the continued term of one year next preceding the present me; that your petitioner enlisted in the army of the United States, in the regiment of New York volunteers, on the day of 186-, at in the State of New York, and was honorably discharged therefrom on the 186-. Your petitioner, therefore, asks to be admitted to 1 day of H. Rep. Com. 31-3 In the supreme court all the naturalizations were before Judge George G. Barnard," whose general practice professed to be to administer an oath100 to the applicants and witnesses in the words of the printed blank forms of affidavits, generally without any further examination, without any oath to "testify the truth, the whole truth, and nothing but the truth," or "to true answer make to such questions as may be put." become a citizen of the United States, pursuant to section 21 of the act of Congress passed July 17, 1862, entitled "An act to define the pay and emoluments of certain officers of the army, and for other purposes." STATE OF NEW YORK, City and County of New York, 89: the within-named petitioner, being duly sworn, says that the matters contained in the foregoing petition are true. -, being duly sworn, says that he resides at and that he is well acquainted with the above-named petitioner, and that the said petitioner has resided within the United States for the continued term of one year, next preceding the present time, and within the State of New York one year, at least, immediately preceding this application; and that during that time he has 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 that he knows the said applicant to be the identical person mentioned and described in the foregoing petition, and in the certificate of discharge from the service of the United States army, now produced to the court. Sworn in open court this day of -,,186-. Clerk. [Then follows a form of oath of allegiance, as in the foregoing, and order of the judge, as follows:] of At a special term of the supreme court, held at the City Hall of the city of New York, on the day 186-. Present, Hon. justice.] In the matter of the application of the within-named applicant to be admitted a citizen of the United States of America. The said applicant appearing personally in court, and producing his certificate of discharge from the service of the United States army, and the evidence required by the acts of Congress, and having made such declaration and renunciation, and having taken such oaths as are by the said acts required, it is ordered by the said court that the said applicant be admitted to be a citizen of the United States of America. Enter: For forms in naturalization cases, see Evan's edition of Harris's Entries, Story's Pleadings. 99 See Evidence, 1696. 100 Isaac Heyman, a clerk in that court, testifies that the judge ing to each of them the oath that is appended to the application. witness were both sworn he would sign orders for the application Evidence, 1678. Charles E. Loew, the clerk of the court, testifies : 64 swore them in by readAfter the principal and so granted.” (2852.) See A. Well, the way it was done was this: First, the applications of the various parties were handed in by the officer of the court. The parties were sitting outside, just as if they were outside that railing, and the judge was sitting on the bench, and the applications were handed in by the officer. The court then called off the name of the applicant; sometimes Judge Barnard called it off, and sometimes I called it when I was there. The party answered to the name, and came inside the railing. Then the witness was called, and he came inside. The judge would call probably eight or ten in that way, and then the oath was put to them. 1542. Q. The judge, or you, would call the applicant, and then the witness?-A. Yes, sir. 1543. Q. Was that the uniform mode of doing in each particular case?-A. That was the uniform mode of doing. 1544. Q. And in that way you would go through with a certain number?-A. Yes; with eight or ten at a time. That is the way it was done. When they came inside the railing, the judge would either swear them or direct me to swear them. 1545. Q. How did you administer the oath to so many?-A. I administer it-that "you and each of you (whose names have been called) do severally and solemnly swear.' That is when the applicants were all alike of one class. The papers were separated and each class put by itself, and then the usual oath prescribed by the law was administered. 1546. Q. How did you swear the witness?-A. "You, John Doe, (or whatever the name was,) and you being witnesses for the several parties who have just been sworn, do severally solemnly swear that you have been acquainted with the parties," &c., complying with the requirements of the law. 1547. Q. Do you mean to say that you administered the oath to the witnesses separately?—A. No, sir; I do not. 1551. Q. How were the applicants sworn?-A. As I have described-eight or ten at a time. 1552. Q. Either by the court or by you, in open court?-A. Yes, sir; I don't say that was always the case, but when I was there I would, by his direction, administer the oath occasionally. 1553. Q. You would repeat the oath but once for the eight or ten ?-A. Yes, sir; calling the names as they came up and putting the oath to them, "You do severally and solemnly swear," &c. M. R. Leverson, a member of the bar, testifies: He The judge then administered the oath in words which I took down at the time: "You, the several applicants, swear that you are 21 years of age; that you arrived in this country three years before attaining that age, and have resided five years in the United States, and for the last year in the State of New York." swore them in a batch to that form. He would then say: "And you, the several witnesses, swear that the contents of your severa affidavits are true." And see Evidence, 3824, 3852, 3859, 1696. |