The Daily clarion., 1876-01-25


secondary nature. This motion was over
ruled bv the commitfe" f5r the reasou that
10 objection was made TO it when lt was Of
fered, agd that it was too late, after it had
been offered and received without objection.
TO raise the question as to its admissibility.
The committee believe that in so doing
they are sustained by the law of evidence,
as recognized and enforced, in all the legal
; tribunals of the country.
The grounds of contest stated by Chal-
, mers, will be considered separately. The
first is as follows: . Because VI. B. Sullivan
, / is a foreigner by birth, and not naturaliZed
at the date OF the election" Jas. w. Dwye4.
, testifies that he has known Mr.. Sullivan
about nineteen years; that he first knew
him in toronto; that Sullivan was then
about fourteen years old; that he was one
of his attendants when he (Dwyer) married
In Toronto in July, 1873, and that he recol-
lects seeing complimentary notice in the
Toronto Leader" of that month, in refer
ence TO Mr.. Sullivan, but that he does not
remember the wording of it, or whether it
said anything about the place of his birth
A newspaper called "The Floreyville STAR
published in Bolivar county, dated August 8,
1873, was put in evidence, which contains the
following paragraph "FFom the Toronto
(CanadaJ Leader of the 21st of July, we clip
the following fatterlng welcome of one
of Bolivar's worthy legislators: The Hon
orable NJ. b. Sullivan, of Mississippi, an old
/ Torontonian, arrived yesterday, at tie Ros
sin House. The above named gentleman is
a worthy example of the talent and energy
which SO frequently sends Canadians to the !
| front in the neighboring Republic" John
1 Rainwatel, of Vicksburg testifies that he
was well acquainted in the year with
/ Mr. Sullivan, having served on the police |
! force of said city with him, and that he YER |
| lily believes that Sullivan is a native of the I
! Dominion of British Canada, and that this I
belief is founded upon what he remem berS I
to have heard him declare, with reference |
to where he was born. This is the whole I
testimony upon this ground OF contest.
There being no testimony whatever, ad-
dnced by Mr.. Sullivan, the sole question
before the Committee was, whether CbaI-
mers had made out a prtnad Tdcie case: or In
other words, whether the testimony was
sufficient to shift the burden of proof to
Sullivan.
The law is thus stated in "The American
Law of Elections" on page 220:
''The very great difficulty of proving that
a person has not been naturalized, would
seem to require that slight proof ought to
be sufficient to shift the burden. Thus if
it be shown that he claimed that aliens had
the right to vote, or if he has made decla-
ration or admission to the effect that he has t
not been naturalized; or if he produces, as t
the evidence of his citizenship, a paper i
showing that he has declared his intention t
to become a citizen only; or perhaps, if, '
Wneh he Is called as witness, he refuses [
to answer whether he has been naturalized 8
or not, or to say when or where. or by what q
court, he was naturaliZed-in any Of these t
cases, the presumption that such a voter Y
was duly naturaized ought to be re- b
garued as SO Tar overcome as to re- il
qulre the party seeking to sustain n
his vote, to produce affirmative evidence of |;
NATURALIZATION, thing not very difficult to L
do, since there is always a record, and the a
voter must be presumed to know where il 81
Is. ihere are in the United States many
hundreds OF cOur-s possessing the power To
grant naturi ilzatiOn, and to require in anv u
ease that affirmative proof be offered that i, -
no one OF such courts has ever granted NAT ~ -
lfai zatloh TO particular person, would be =
20 require what is practically imposSihle~ ~ ~
The majority of the Committed are clear - -
y OF the opinion that, tested by the rule of ~ ~
aW as stated, the testimony makes such a =
'ase as shifts the burden of proof to SuIli- ol
IAN ana That In the absence of any other u u
eStlmony, the charge that Mr. Sullivan ic ' W
loI cltizen of the United States, is fully .e 1e
ustained. 10 i0niy to
Inc second ground of contest is. that Mr. :,
'ulllVan Is liable for public moneys unac- "
Ounted for. "n"0 W W
1t is shown that, in 1870, while he was AS ii,
essor OF Bolivar county, Mr.. Sullivan re- Is
elved from the Board of SuDervisors s5no
or making the personal assessment Of said bo
ouhty, anu that he has never returned said yO
um I rms was admitted by Mr.. Sullivan IN,
Ahe!e Is no doubt in the minds of the or
i oGi!nlttee "a that this payment was unlawful, Oh
'r Ihe sum aforesaid, inasmuch as the com
ensalloh OF the Assessor, by the law as II en-
zen STOOD, was to be paid by the State. and for
OF Dy Tue county but the committee are Of tic
ie opInloh that this does not constitute such ths
liability as is contemplate bv section Ie the
'tlcle 4, of the Constitution. il is fnrtbn, mo
loWh Chat Mr.. Sullivan, in 1870 made wo
excessive and erroneous assessment oDi
Cne Iands IN Bolivar county, having, i'm the tia
,aso SuaSe ol Coi. Green Clay, one ofthe wit the
80 o' aoeooseu lan0s at $4,000 per acre abe
at were only worth $500 or S4.oO nar I
re-. BY the Act of March p. ISL The ips
80. ~ "a ouperVlsors were authorized to Ho
llect tliS erroneous assessment and the tail
rooii ieLlitCed by them, were to be re- but
, o,d 81 S'o +, i,oPeI partles, and the asses Opi
ana TAX collector was directed to refund law
. commissions on the amounts so ro1a;t tv
! or abated hi'- oI,o
5y the testimony of Col. Clay, it appears I
a ~ III pursuance OF this Act, the Board of at t
peIVlsoIs made many corrections. L
ne tesufles that on one of his nIantotion, KEEP
= he, Cne am ount remitted and returned to the
= = t " ae @z'oOo. lt appears that Mr. SuIli- lots
mas not refunded to the State or conntv vote
otIllilSslons III received by him on the Thi'
cunts so remitted. III
The majority of the comm,,too the
mon llioii that this comes within the maanino and
SeCLion 16, article 4, of the Concfitut;n9 III
that Mr.. Sullivan is liable for n,,h3i, char
nneys unaccounted for. p"0iio I'll
ne tnlrd ground of contest ;c tbo. ar, istra
Ilvan received bribes for his voIas o,a. WI ~ Rad
uence, while member of the MisS;Ss;nni anu depu
slslature. ~ "a AieeiSslppl daIe
mere is no testimony whatever to s,,sta; As
charge "h"'o'er 10 sustain this
he fourth ground is .ho. =, opin
IS were cast for NJ 'naG Illegal lessl,
the Glencoe box. in poii sullivan, Regi
Clay testifies that. wben "a al county not
been cast parties holdinoa aoouI oo votes AL
stration dated prior tn iez1 i'Incales OF conn
nselves and demanded tbo :, presented ny OF
the inspectors. after he bod Si. 70 vote, panic
ling, permitted them to vota pioIesIeu IN Sey
lhcates; that at this iunctnro oPon , such the G.
ION books were laid aside and l,e n leSls- ing ii
proceeded to its close wifbomt r tilc elec- a new
rem; that at this hoy SnIi;,,o ielerence Gen1
votes, Gales (who was siso an received claim
ono q IL