The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-01-26

The law i. thu stated la The American
Lass - Elections, "ii T. re ~ ;,,,, tl,at I
The very great difficulty 81 pToVioS tii iS
:. uer.ou has not been naturalized' "ou!u
seem 10 reauire that slight proof ought ~ I
be sufficient to shift the burden. huS'
il be shown that he claimed that aliens hsiN
the ri ght to vote, or il he has mace ueIi"
ration or admission TO the effect tnat ne has
not been naturaliZed; or II he produces, -
the evidence of his citizenship, paper
showing that he has declared his INTENTION
to become citizen only; or perhaps, II,
when he is called as witness, he refuses
rn answer whether he has been naturaliZed
or not, or to say when or where, or Oy WHAT
court he was naturaliZed-ln any OF Iheso
eases the presumption that such NoteI
was duly naturallZed ought 10 oe le
oarded as so far overcome as TO re-
0uire the party seeking TO sustain
his vote TO produce affirmative evidence OF
naturalization, thing not very dithcuIt 10
dc. since there is always record, ana the
voter must be presumed 10 know where IL
| is There are in the L nited States many
hundreds of courts possessing the power 10
grant natur slization, and TO require in any
| ease that affirmative proof be onered mat
| no one of such courts has ever granted nat
uralization to particular person, would oe
| TO require what is practically Impossible.
The majority of the Committee are clear
| lv of the opinion that, tested by the rule OF
| Law as stated, the testimony makes such
case as shifts the burden of proof to Sulil-
| van: and that in the absence OF any other
testimony, the charge that Mr.. Sullivan is
not a citizen of the nited States, Is fully
sustained.
The second ground of contest is, that Mr..
sullivan is liable for public moneys unac-
counted for.
Ii is shown that, in 1870 while he was As
| SCISSOR of Bolivar county, Mr.. Sullivan re-
ceived from the Board OF Supervisors SOU,
for making the personal assessment OF said
county, and that he has never returned sald
sum This was admitted by Mr.. Sullivan
There is no doubt in the minds of the
committee that this payment was unlawful,
and that Mr.. Sullivan is liable to the county
for the sum aforesaid. inasmuch as the com
pensation of the Assessor, by the law as II
then stood was to be paid by the state, ana
NOT by the county; but the committee are OF
the opinion that this does not constitute such
a liability as is contemplated by section 10,
article 4, of the Constitution. 1t Is further
shown that Mr.. Sullivan, in 1870, made
an excessive and erroneous assessment
of the lands in Bolivar county, having, in the
language of Col. Green Clay, one ofthe VIII
nesses, s'assessed lands at $4,000 per acre
that were only worth $500 or $4,0O per
acre" Bv the Act of March %, 1871, the
| Board of Supervisors were authorized to
| correct this erroneous assessment and the
amounts RENTED by them, were TO be re-
turned to the proper parties, and the asses
sor and aX-cOllectOl was directed to refund
his commissions on the amounts so remit
| ted or abated
BY the testimony of Col. Clay, it appears
! that in pursuance of this Act, the Board OF
Supervisors made many corrections.
He testifies that on one of his plantations
| alone, the am cunt RENTED and returned to
him was $4,000. 1t appears that Mr.. Sulll-
van has not refunded to the State or county
the commissions received by him on the
amounts so RENTED.
The majority OF the committee are of the
opinion that this comes within the meaning
| OF section 10, article /, of the Constitution.
and that MIR. Sullivan is liable for public
moneys unaccounted for.
The third ground of contest is, that Mr..
Sullivan received brides for his votes ana
influence. while member of the Mississippi
| Legislature.
There is no testimony whatever to sustain
this charge.
the fourth ground is, that illegal
votes were cast for NJ, Il. Sullivan,
at the Glencoe box, in Bolivar county.
Col. Clay testties that, when about 50 votes
haG been cast, parties holding certificates OF
registration dated prior to 1871, presented
: themselves and demanded the rightto vote.
and the inspectors, after he had protested in
writing, permitted them to vote upon such
[ certificates; that at this juncture, the regis
tration books were laid aside, and the cleo
| ton proceeded to its close without reference
1923 votes Gales (WhO was also a candidate
for Senator), 49, and Chalmers that as
the votes were cast, the names OF the per-
sons voting were written down on sheets
, ward made by himself and Col. Montgom-
cry, of the registration books and the list
so made, about 40 names were discovered
on the said list, which were not upon
the registration books. In this particular
he is fully sustained by Col. Montgomery
The majority of the Committee are OF the
opinion that all of the votes cast at that box,
except the eighty, which were cast before
the registration books were discarded, are
Illegal, and should be thrown out. The reg
tStrdtion book is the basis Of tie aohOJe system
Of election IN thtS Suite.
Sections and 3, Article Z, of the Consti-
tuition, make registration a condition pre-
cedent to the right to vote and make il the
imperative duty of the legislature to provide
| by law for the registration of all persons
entitled to vote. The legislature has so pro-
Vlded, and has thrown around the system
many safe guards. in order that the purity
of the ballot box may be maintained One
of the most Important is, that the inspec-
| tors shall be furnished with "A book, con
tanning the names of all persons duly regis
tered and entitled to vote: and the require
ment that before any ballot shall be deposit
iCed in the box, the inspectors shall carefully
| examine the registration book to ascertain
| if it contains the name of the proposed vo-
ter, and shall mark the same . voted" if
| found therein, is another.
The registration book, as aptly said by
! the counsel for the contestant, is the chart
| of the inspectors; and when. as in this case
| they throw it away. all that they may after
| wards do is, at least, so much involved in
| suspicion and doubt and uncertainty, as to
| shift upon the person claiming the beEefit
| of the vote the burden OF showing that
| notwithstanding the registration book was
| not used, the votes cast were legal votes
| and that the result of the election, as de-
| clared, conforms to the will of the people.
| Another important requirement is found
] in section 377. OF the Code of 1871. 1t is the
| duty of the inspectors, when they have
| com pIeted the counting of the votes TO re-
| q H. l.
and ballot-boX, to the board of Registrations
| who are required to carefully examine and
review all the proceedings and returns.
Ii the names of the persons voting are
not checked off as voted on the poll book.
| 1t would be utterly impossible for the board
! of registration, to ascertain whether the
ballots in the box had been deposited by
registered voters, or not. They could not
tell in this case, that more than so votes had |
been cast by persons qualified to vote for
only so names were checked off as 0voted'
on the poll-book. 1t is necessary, in order
10 justify the counting of ballots by the |
board Of registration, that they should |
correspond in number with the names mark |
ed ''voted" on the pOll-book, and it is |
the duty OF the board of registration when
they receive the returns from the different |
precincts, to count the ballots and compare
them with the names checked on on the boil |
book. AT this stage of the election Dro- |
ceedlngS, the poll-boOk becomes the chart |
OF the board of registration, as it was rho
chart OF the inspectors, while the votes were /
being cast. 1t is clear that the Board had |
no right to count any of the votes cast ar |
the Glencoe box, except the eighty which |
were checked of on the poll book. As a
matter OF fact we know, from the testimo-
ny of Col. Clay and Mr.. Montgomery.
that quite number of votes were cast nv
persons not qualified. and whose names
were not on the poll book.
1t may be contended that the list of narnas
taken down by the inspectors served ali
the purposes of the poll-book, as the
BOARD of registration could have
COZ. onpared the ballots with that list, and that
list with the poll=book -'''