The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-01-26

y natuFt. his motion was over
ruled by the committee, for the reason that
no objection was made to it when 1t was of
fered, aad that it was too late. after it had
been offered and received without objection
To raise the question as to its admissibilitY.
The com mittee 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 NJ. Il. Sullivan
Is foreigner by BIRTH and not naturaliZed
at the date OF the election JAS w. Dwye.
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 com plimentary 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 il
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 : ''From the Toronto
/ (Canada) Leader of the 2lst ofJuly, we clip
the following hatteFIng welcome of one
of Bolivar's worthy legislators: The Hon
orabe NJ. b. Sullivan, of Mississippi, an old
| TorontOnian, arrived Yesterday at the Ros
| sin House. The above named gentleman ID
a worthy example of the talent and energy
which so frequently sends Canadians to the
front in the neighboring Republic" John
Rainwatei, OF Nicksburg. testfies, 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
Dominion of British Canada, and that this
belief is founded upon what he remembers
to have heard him declare, with reference
TO where he was born. This is the whole
testimony upon this ground OF contest
There being no testimony whatever adj
duced by Mr.. Sullivan, the sole question
before the Committee was, whether ChaI-
mers had made out prtDsd fdcie case /; or il
other words, whether the testimony was
suthclent 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
person has not been naturaized. 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 10 vote, or if he has made decla-
ration or admission to the effect that he has
not been naturalized; or if he produces. as
the evidence of his citizenship, a paDer
showing that he has declared his intention |
TO become citizen only; or perhaps. if
when he is called as a witness. he refuses
or not, or to say when or where, or bv what
court, he was naturalized-in any Of these
cases, the presumption that sucn a voter
was duly naturaliZed ought to be re-
Sarded as so far overcome as to re-
quire the party seeking TO snstaiu
his vote, to produce affirmative evidence Of
NATURALIZATION, thing not very difficult to
do, since there is always a record, and the
voter must be presumed to know where il
Is. ihere are in the United States MANY
huhureus OF cour.s possessing the power to
grant naturalization, and to renuire in any
case that affirmative proof be offered that
no one or such courts has ever granted nat
urallZalloh 10 particular person, would he
TO require what is practically impossible
Inc majority OF the Committee are clear :
~ OF the opinion that, tested by the rule Of :
law as stated, the testimony makes snrh a
case as shlfts the burden of proof to Sulli- :
van; and that in the absence of any Other |
testimony, the charge that Mr.. Sullivan is y
not cltiZen OF the | nited States, is fully :
sustained. any [
The second ground of contest is, that Mr..
sullivan is liable for public moneys mao Y
for. ~ :
1t is shown that, in 1870, while he was AS t
essor of Bolivar county, Mr., Sullivan re- i
elVed from the Board of Supervisors $500
or making the personal assessment of said b
ounty, and that he has never returned said V
um ms was admitted by Mr.. Sullivan. II
a
ommlltee that this payment was unlawful &
ma IhaC MI. sullivan Is liable to the county b.
VI Che sum aforesaid, inaSmuch as the COM
ehsatloh oil tile Assessor, by the law as if Ell
heh Stood was to be paid by the State, and fo
ot ny tne county but the committee are oeI ii
ne opinion that this does not constitute such til
liability as is cOntem plated by section I6 I'll
rtlcle a, of the Constitution. it is further m
lown that Mr.. Sullivan, in 1870. made W
a excessive and erroneous assessment OF
the lands in Bolivar county, having, i'm the til
nSuage OF Coi, Green Clay, one ofthe wit tn
esses, assessed lands at $4,000 per acre at
lat were only worth $500 or 800 per
re-. BY the Act of March D 1877 Tho in
oafu OF supervisors were authorized To Ii
erect this erroneous assessment and the ia
mounts RENTED by them, wore to be re- bu
| ileu W the proper parties, and the asses op
ana taX-collecto1 was directed to retund laJ
1 or abated Gle
ny the testimony of Col. Clay, 1t appears :
at In pursuance of this Act the Board of at
PerVlsors made many corrections.
ne teslhes that on one of his plantations kei
me, the am cunt RENTED and rptnrnod - the
n was $4,000. 1t appears that Mr. Sn1G lot
has not refunded to the State or county vot
commissions received by him on the Th
counts so remitted VIC I
me majority OF the committee are of tbo the
mon that this comes within the meanino anG
seGCioh 10, article 4, of the Constitntion
Ihat Mr.. Sullivan is liable for puhlic cii q;
neys uHaccouuted for. P''4i0 !
he third ground IF contoot :; istr
Ivan received brihes For Ri 20 o.idI Mr; Rae
uence, while member Of the , IIats ana dep
'10 ~ ieoisSlppl DAT,
here is no Testimony u,b.+o,,ou. A
charge. - ~ S''e' tain this
ne fourth ground is, that ILLEGAL lapss1
I. {. were cast for NJ b. sullivan Pc
'1 ne Giencoe box, in Bolivar county, nor
been cast nart;ae iio Tlleh ABOUT 81 votes A
stration 1atad 800; no.ulhS certlncates OF com
nselves and demanded the right to vote n3,;
the inspectors, after he had protested in Sc
;;ing, permitted them to vote upon such the % !
ion books We're Laid iui id ehe regis ing
proceeded to its close without reference Sa ne
rem that at this box Sullivan received ciein
votes, Gales (who was also a eandiLnta Ia I