Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-09-26
COLUMBUS, o., THURSDAY MORNING,

OU.
the Convention framing that instrument.
was to put this question beyond all cavil or
doubt, by, in express terms, excluding all
persons from the enjoyment of the cleo
tive franchise, except persons of pure white
blood.
During our Territorial organization, al
though the Ordinance and the Territorial
act, designating the qualification of cleo
tors. employed the phraseology-"a all free
male inhabitants" &C., yet no negro, or
person of any degree of black blood, was
ever permitted to vote. This fact is famil-
lar to the old inhabitants, who resided here
during our Territorial organization. This
phraseOlogy might be subject to doubt, and,
although persons with any portion of col
ored blood were not considered a part of
the body polite, it might be construed to
embrace them. Hence, to avoid the possi-
bility of such construction the trainers OF
our Constitution extend the phraseology,
from Stree male Inhabitants" to "aohite
male Inhabitants, and incorporated it in
to the Constitution.
In the Convention framing our Constitu-
ton, this question was matter of warm, if
not bitter discussion. A motion was made.
on the report of the committee upon this
clause. to strike out the aoord aohite."
Amendments were proposed authorizing
blacks and mulattoes, residing in the Ter
ritory, to vote, and to confer the like pri-
vilege upon; thei- descendants; and,
finally, In some way to recognize
them as citizens, by introducing a clause
into the Constitution excluding blacks and
Nplattoes from the right of voting, and
| prohibiting them from holding ali Office,
eithNr civil or military, but comforting up
on thEm all the rights of citizenship not
expressly excepted in the Con >titution.-
This last proposition, if adopted, would so
far have recognized persons of color as cit
izens, that the Legislature could never have
enacted laws to remove them from the
State, and, employing the term, black and
mulatto, might have been construed to
confer full political rights upon all per-
sons, less than half black or mulatto; al
though in Kentucky, where blacks aud
mulattoes are prohibited from political
rights, all persons, of any degree of black
blood, are held to be mulattoes. (Journal
of Convention framing Constitution of Ohio.)
Judge Burnet, who is as familiar with
the early history of Ohio as any man in
the State, and was engaged in the practice
of law in the Territory, and had been prom
inently connected with the administration
of its public affairs, remarks in one of his
historical letters upon this subject, pub
lished in the transactions of the Historical
and Philosophical Society of Ohio, vol. 1st,
part I'd, page Ill: s..i .a-
The result, of those discussions, was an
abandonment of all the propositions which
that constitution should be formed for
the free white population of the district,
who, alone, were represented in conven-
tion; that its pbraseology should be so
guarded as to show that people of color
were not considered as parties to the COM
pact, and, as they had no agency In its for
nation, so they should have none in its
administration"
The same writer further observes, that
they were regarded in the position of the
aborigines, who remained in the State af-
ter they had ceded their land to the gen.
eral government; that they have the moral
right, whilst suffered to remain, to claim
protection of our laws, and to be treated
with justice and humanity, but, beyond
that they have no claim. Hence, we find.
so early as 1904, followed up by another
act in 1907, statutes discouraging the i'm
migration of blacks into our State, and i'm
posing upon those among US such condi-
tions and restrictions as would induce
vast majority of them to quit the State.
Thus, we have denied them all constitu-
tional right to remain even in the State
have passed laws to induce them to leave
it. and carefully excluded all persons of
any degree of negro blood from all partici-
patton in the enjoyment of our political
rights. Indeed, the hope always has been
cherished, that the time would come when
this unfortunate race should be removed
from our community, and placed in some
position where they could, among them
selves, enjoy their own government and
minister its affairs; or, at least that Ohio,
which is free from slavery, should be rid
of population, which while they remain
among us, must be miserable and de-
gr lded.
This exclusion of persons of color, or, of
any degrt e OF colored blood, from all DO
litical rights, is not founded upon a mere
naksd prejudice, but upon natural differ
hn ftNrn al, an1 4
apart by the hand of nature as aoEite from
black; and, to break down the barriers,
fixed, as it were, by the Creator himself, in
a political and social amalgamation, shocks
u.s. as something unnatural and wrong. 1t
strikes us as violation of the Laws of Ma
ture. 1t would be productive of no good.
1t would degrade the white, if it could be
accom- mplished, without elevating the black.
Indeed, if we gather lessons of wisdom
from the history of mankind-wall by the
light of our experience, or consult the
principles OF human nature, we shall be
convinced that the two races never can
live together upon terms of equality and
harmony. The distinctions are too marked
to be overcome by the power of political
action, and the folly of the attempt
will. probably, be only equalled by the
fatal consequences OF the result. In
view of these conclusions, and i'm
this feeling our Constitution was form
ed, and such views aud feelings have al
| ways directed the policy of the State. The
practical construction which we have Civ
en- our Constitution, for a period of more
| than forty years, has been to exclude all
! persons, of all degree of black or negro
| blood, from the exercise or enjoyment of
all political rights; and such was the prac-
| tice under the far broader phraseology of
our territorial organization. The fact that
| (under the law excluding blacks and mu-
latto persons from giving testimony in all
! cases where white persons are parties), all
persons less than mulatto, or half black
| have been admitted as witnesses is NO au-
thority against this uniform construction,
because all persons of sufficient intelli-
gence, without some positive prohibition,
are competent to testify; the Arab, the
Hottentot, or anybody else, only that such
shall be sworn according to the forms of
| their own religious belief. Hence, a stat
tute which excludes, by name, a certain
class, shall not be construed to extend to
| classes not named; for to carry out such
! construction, would exclude all persons.
The policy OF the State always has been
| to discourage the immigration and settle
ment of persons of color among us. The
decision of this Court, comforting political
rights upon all less than half black, is an
| inducement for such to immigrate to the
| State, and remain here. 1t violates the
spirit of the Constitution, because, in
principle, see no difference in allowing a
mulatto to vote, and a person little less
tha.. mulatto or full black; for the tint of
black blood extends to them all, and this
is the reason of their exclusion.
Thus, it appears to me for the reasons 1
have assigned, that we are forbidden to give
any other construction to the word "white,"
in our Constitution, than that it excludes
| all persons not of pure blood and of the
white race, from the enjoyment of the
elective franchise, and all participation in
the exercise of political rights.
The Antietam poet managed to ring in