Speech #520019687

But you remember that the presumption of regularity and validity attached to the fact that a vote is received is so strong that it overcomes the strongest positive evidence frequently. For instance. it is established by authentic and undisputed authority that the fact that a man is alien born does not raise the presumption that he is an incompetent voter after his ballot has been received. If a man is admitted to have been born in a foreign country. the presumption after his vote is received is that he was a legal and naturalized voter. and the mere proof that he was born in England or in Egypt does not destroy that presumption. The obligation is imposed upon any man who seeks to show that such vote is an illegal vote to establish the negative fact. not simply that the voter was not naturalized in that county. but that he was not naturalized in any one of the hundreds or thousands of couhties of this great nation of ours. There is vastly greater difficulty and apparent hardship in proving such a negative fact than in simply proving a fact that was easily established by any election officer. that these affidavits were not taken. if such were the fact. And so. sir. as I look at this case. we are th decide whether we shall exclude this man from his seat in this House upon a presumption. upon an inference. a violent presumption. an unjustified and unjustifiable presumption. founded on incompetent testimony. and to a fact which. under the adjudications of this House. under a fair interpretation of the law and of the meaning of all the adjudications in the State of Pennsylvania. is an immaterial fact.