Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1867-10-24
The Dispatch and Suffrage.

The Dispatch, in an article, headed
sNepro Suffrage" in its last issue,
charges the Journal with ''stili ad-
herring to its old system of lying"
because we maintained the right OF
colored persons, having more white
than black blood in their veins, to
the ballot. 1t then proceeds to back
pits position by aawilful misrepre-
sentation of the law Of Ohio on the
subject, hoping thereby to gull some
few into a belief of its statement,
The Dispatch quotes the Article In
the State Constitution, which de-
clares who shall be voters, and, also,
an act of the Legislature. passed in
1859, which prohibits persons having
q distinct and visible admixture OF
African blood from voting, TO prove
that the votes cast by such persons
at the late election were illegal, and
the Judges of election committed a
crime In receiving them. This shows
q adeliberate falsifying of the law for
party purposes, or else woeful ig-
norance of it.
The clause in the Ohio Constitu.
tion of 1902, declaring who shall ex-
ereise the elective franchise has been
Construed time and again by the Su-
prems Court of Ohio, as well by the
Democratic Judge Wood, while on
the Bench, as by the Court at other
times. In all these cases, the Su-
preme Court, which is the only power
in the State that can declare the
meaning of the Constitution, has de-
cided that the term "white," as used
in this clause, includes all persons Of
more than half wh;te Blood.
In the Constitution of 1851, the
same language is used in declaring
who shall be voters, and in the de.
bates on the question, the members
of the Convention, that framed that
Constitution, referred to these de-
cisions of the Supreme Court, as set
tling the meaning Of the term"white. !"
They, with a full understanding that
the term admitted all persons of
more than half white blood, again
placed the word in the Constitution,
with no restriction whatever. In
1859 the Legislature, going beyond
its legitimate powers, attempted to
construe this Article of the Constitu-
ton, by passing the law, which the
Dispatch now quotes as proving the
illegality of such votes,-a law that
was void from its passage, because
the Legislature has no power to act
on such question.
The next winter, the question
again came before the Supreme Court
of Ohio in the case of Anderson VS..
Millikin and others, 60, Ohio State
Reports, page $685. in which all the
previous decisions Of the Court are
referred to. In this case the clause
in the Constitution of 1851 was con-
strued in accordance with the former
ana it was again declared
that every person of more than half
white blood was entitled to the ballot,
Notwithstanding the act of 1859
passed by the Legislature. In regard
to this famous law the Court says:
ave are aware that the general
assembly of the State by an act pass
ed April I'd, 1859, has expressed a
view of the meaning of the word
"white" in the section of the Consti-
tuition regulating the elective fran
chise, in conflict with that which we
have stated to be the one intended
But it cannot be claimed, and will
not, at this day, be claimed by any
statesman or lawyer, that
it is within the scope of legislative
power to give to the Courts an au-
thoritive construction of a provision
of the Constitution of the State"
The Legislature have no authority
to deal with the matter; it is the
province of the Courts, and their de.
cision binds the Legislature.
But not only has this law, upon
which the Dispatch relies, been de-
clared void by the Supreme Court,
but it thas also been REPEALED and,
even if constitutional, is no longer a
law. 1t was repealed in 1865, as
reference to the Ohio Laws, Vol. .62,
page 42, will show.
The law of Ohio is settled on this
point Every colored person, with
the other qualifications of an elector,
who is more than half white, is andi
always has been legal voter in the
State of Ohio, and judges of election,
instead of committing crime in ac-
cepting such votes, are compelled by |
the law to receive them. If they re,
fuse, they render themselves liable
for damages for every@uch vote re-
jected.
We leave it to the public to decide
which 'still adheres to its old system
Of lying" the Journal, which gave q
true statement of the law, or the DIS
patch, which publishes as the law
governing the matter, an act not
only VOID, but REPEALED, at the
same time recklessly threatening the
gentlemen, who as judges of election, |