The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-01-27
MISSISSIPPI LEGISLATURE.
sENATE-sEvENTEENTH DAY.
TcoNrIsUED PROM THIRD PAGE. ]

* a foreigner By birth, and not naturalized
AT the date of the election" Jas. w. Dwyc.
testifies that he has known Mr.. Sullivan
about nineteen years; that be first kne "
him i'm toronto: that Sullivan was then
about fourteen years old that he was one
of his attendants when he (Dwyer) married
in Toron to, in July, 1873. and that he recol-
lects seeing a complim entary notice Ia 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 d.
A newspaper called "The Floreyville Star
published in Bolivar county, dated August 8,
1873 was put in evidence, which contains the
following paragraph F'From the Toronto,
(Canada) Leader OF the 2lst ofJuly, we clip
the following fatterIng welcome of one
of Boliyar's worthy legislators The Hon
orable VI. B. Sullivan, of Mississippi, an old
Torontonan, 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
Rainwatef, of VicksbuTg, 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
ilv believes that Sullivan is native of the
Dominion of British Canada, and that this
belief is founded upon what he remembers
to have heard him declare, with reference
70 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 Chal
mers had made out "a prinld Tdcie case or la
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" OH page 220:
.gThp very great difficulty nf proyinu tbat
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
not been naturalized; or If he produces, as
the evidence of his citizenship, a paper
showing that he has declared his intention
to become citizen only; or perhaps, it,
when he is called as a witness. he refuses
to answer whether he has been naturalized
or not, or to say when or where, or by what
court, he was naturaliZed-in any of these
cases, the presumption that sucn a voter
was duly naturaliZed ought TO be re-
garded as so far overcome as to re-
quire the party seeking to sustain
his vote, to produce affirmative evidence of
naturalization, a thing not very difficult to
do, since there is always a record, and the
voter must be presumed to know where il |
L
hundreds Of courts possessing the power to |
grant naturalization, and to require in anv
ease that affirmative proof be offered that
10 one OF such courts has ever granted nat
nrallzatlon to particular person, would be
TO require what is practically impossible"
The majority Of the Committee are clear
~ OF the opinion that, tested by the rule of
law as stated, the testimony makes such a
case as shifts the burden of proof to SulIi-
van; and that in the absence of any other
testimony, the charge that Mr.. Sullivan is
not citizen of the United States, is fully
sustained.
The second ground of contest is, that Mr..
sullivan is liable for public moneys unac-
for.
1T Is shown that, in 1870 while.he was As
ess0r of Bolivar county, Mr.. Sullivan re-
elved from the Board of Supervisors $500.
or making the personal assessment of said
ouhty, anu that he has never returned said
um This was admitted by Mr. Sullivan. {
mere Is no doubt in the minds of the
onmlttee that this payment was unlawful. {
ma that Mr.. Sullivan is liable to the county {
OF the sum aforesaid, inaSmuch as the COM
ehsatlon OF the Assessor. by the law as it 2
hen Stood was to be paid by the State, and
ot Dy the county; but the committee are of /
ne opinion that this does not constitute s,1ch +
liability as is contempl plated by section l6 | /
rtlcle 4, OF the Constitution. 1t is further v
loWn tha6 Mr.. Sullivan, in 1870. made 7
4 excessive and erroneous assessment
the lands in Bolivar county, having, i'm the Il
uSuage oil Col. Green Clay, one the wit a
esses, assessed lands at $4,000 per acrn :
lat were only worth $500 or $500 DER q
're. BY the Act of March 22 1871. tha
oatu oil supervisors were authorized 70 is
'rrect thls erroneous assessment and tho y
MOUNTS RENTED by them, were to be re- d
lfned TO the proper parties, and the asses d
= anu IaA-collectof was directed to refund
- = IN l.,
d or abated -
ny the testimony Of Col. Clay, it appears le
AT IN pursuance of this Act, the Board of r
,perVlsors made many corrections, NJ
Ale tes tiHes tiat on one of his plantations
one Che am cunt RENTED and returned TO q,
va was SAUO0. lie appears that Mr. Sulli- | NJ
u has not refunded to the State or county ~.
lounts SO RENTED. -,
ne majority Of the committee are of the in
lhlon mat this comes within the meaninw
section ~, article 4, of the Constitptinn n,
I" en1'L hlf' sullivan is liable for public cl
1neys unaccounted for. I'll
The third ground of contest il that NJ S'
llivan received brides for his Votes ani :,
gislalure. WV - i''i'ei Ppi g.
lhere is no testimony whatever TO sustain be
IS charge. VI W sustain ne
l Lne fourth ground is, that illegal ri
81. ~ N"St TOT NJ, Is. Sullivan m.
ln ne Glencoe box, in Bolivar cnnntv -
l. LAY testlties that, when about so votes or
|. oeen cast parties holding certificates IF o
,astralloh dated prior to 1871. presented 90,
!, nseives aad demanded the right TO vote G ~;
;t; ;ne inspectors, after he had protested in 70
,i;,hg, permitted them TO vote upon snch T W
.iheates that at this iuncture. the regis 'U1
Won BOOKS were laid aside, and the cleo tha
= proceeded to its close without reference a ai
neul mat at this box Sullivan received 6iS
s soae.' naies gwho was also candidate G ,s
senator, lss, and Chalmers /: thai ~ bis,
'oess were cast, the names of the ner- arc
voting were written down on sheets s aro
- mat upon comparison alter r., ,
y tp 9s oy himself and Col. Montgom. 81 )
Oh the registration books and the Iist n ,,rI
n ,ls aeo9t 20 names were discovered i Ras
III, raa, sala list which were not upon III
f Ss;I books. In this partienIar SIM
lnily sustained by Col. Mohrgnmerv H2n np,
majority of the Committee are Of RE iiT 41
ION that all of the votes cast M thar hox ,;dg
pt the eighty, which were east before ''9 ~
reSistration books were discarded are 3; II -
zion book s. fLe 49, own OUT. The reg ity
~NStS ~ Ire tCHOfe mr.