Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-01-07
QD9lo) StateI;s|::rtrlraI,Irl., 81 Il |.
..,s9 SPEEC H Q go e., to4,i o4' :
HON. FRANK H. AURU,
In tIle Ohio SENATE, on Thursday,
/ ..-pra .5anIary I'D, 1867, ,,l, XII,
! ...,.... ...... q. AGAINST THE .'
CONSTITUTIONAL AMENDMENT,
[CoNcLUsIoN.l

-.oD -., 4o,.9I1 , 1[coScLUsIoN.I s2a 2r19f'1'
! am aware that the opinions of many able
men differ radically from that which have
suggested as to the elective franchise, and
am perfectly free to admit that it cannot be
icensidered q settled question whether to be
a citizen of the United States one must be
qualified tO,e1ersiSe the right OF suffrage.
i only respectfully submit that the weight
OF reason and authority inclines o the es-
tablshment of the affirmative of such a
proposition. | apprehend that however
this may be questioned, the other PROPOSE
ton is settled beyond dispute, that the
right to hold office is one of the distil-
gushing incidents of United States citi-
zenship. 1t may he said that the second
section of the proposed amendment pro-
| ceeds upon the theory That it is not neces-
sary for citizen of the United States to be
a avOter. answer that the question is not
what the proposers OF the amendment un-
derstand by the phrase citizen OF the United
States, but what is its true constitutional
Specification. 1t may be that the authors
OF the amendment did not suppose that the
right to vote and hold office Is necessary
incident of Ulfited States citizenship, but
it Is not Congress that determines the con-
struction, but the courts, and they are gov
erned by law aud the precedents. a.. r ..
The question may be asked are not wo-
men and children termed citizens frequent
ly in the laws OF the United States, and
have not the courts decided that they are
included in that class, in the Section of the
Constitution defining the jurisdiction OF
the Federal courts? As to tue acts of Con-
gres declaring them citizens, it may be re-
marked that 1t does not rest in that body
nj fNyA a n
Constitution, and consequently their
use of the term in any SENSE is not
conclusive as to the true construction
OF that instrument. Besides, whenever it
is used in the laws it is in connection with
the civil tights OF the individual, and of
course Is tO be understood in that limited
sense Of which have spoken. AS to the
provision of the Constitution defining the
jurisdiction of the Courts, it may be said
that it was only intended to apply to cti-
ztnship in State, and has no necessary
reference TO the question as to what con-
stitutes United STATES citizenship; and be-
sides, it refers only to the right of access
TO the courts, showing clearly that the
word is used with its more modified sig
MITIGATION. The true status of the women
and children is admirably stated by Puff
fendOri in the extract which have already
ctel. They partake of the quality Of those
adult males who belong TO the same class
of society, and through them enjoy the
benefits of all those rights and privileges
which the law cOnfrrs. ...-.- -,
Assuming that IL is fairly established that
a citizen of the United States is one capa-
BILE of participating in the administration
OF the Government, l ask attention to the
lchange that is proposed in the section un-
H.,r n ,f,,.s thn, ,;,xk of
cltizen-lst, upon all natuFalized persons,
materially from the law of Congress upon
tue subject, though the use of the word
citizen Ia its highest Specification might be
construed to confer privileges upon natur-
allied women who have. never exercised
the power of naturalization, except for the
purpose OF pertectilig the rights which their
deceased husbands mad not secured, or OF
obtaining property which their alienage
prevented them from holding and ~,
upon all persons born within the United
States. This makes citizens OF 1st, wo-
men; ID, Indians; 81, Negroes, and
4th, Cinnamon. None OF these have hith-
erto been capable of exercising the
great rights Of United STATES citizen
ship. 1t IL unnecessary for me to refer to
the long course of the decisions of the Judi
ciary and other departments of the Federal
Government, in which these rights have
been denied to the persons named. If any
question can be considered settled, this eer-,
tainly is one. These persons are all, there
fore, for the first time, to be admitted to
The rights of citizens of the United States. z
yIdohot propose to discuss The question
as to women. d l am satisfied that the sense
of "a large majority, both men and women,
is that tue right of citizenship ought not to
be exercised by females. What Guizot says
upon the subject contains, probably, the
true reason, VIZ: "that women, being des-
tined by the law of their sex to a state OF
existence purely domestic, are, therefore,
Incapable OF deciding upon those interests
which are involved in questions of political
suffrage" svrt -sg-,. b.,
But it Is a question of the greatest i'm
port as to whether three races differing in
hist Try, traditions and habits from the
dominant race shall be admitted to the ex-
ercise otthe highest rights which ahuman.
being can enjOy,s 20 lJete45ss qd1 lo -.fto
] Halter myself that l am actuated by no
prejudice against either of the classes
hai1eV.l II would places loObstruce
tfou Idn the3i way > of their devel-
opment.O They should, enjoy all the
protection to- life and property which
the Government can afford. They should
have free access to the courts for the vindi-
cation of their rights, and be entitled to all
the remedies which, our statutes provide.
But neither as matter of policy or Justice
would | extend to them the great right of
American citizenship. .iVtN " T. .1cdiRE
II [ object to their admission to citizenship,
because of their general ignorance, What
think you do the Indians, Negroes. or Chi
lnese know, as q class Of the nature OF our
institutions H. Scarcely one in hundred is
aware that there Is such haninstrumentas the
Constitution. sNotone ihNa Thousand un-
derstands the difference between the State
and Federal Governments Ignoranc un-
,iversally prevails among, them, and what
Is worse, there seems no chance for inn
provement. The negro 9Iazily basks IN
the heat of his torridf sun and makes lutte
Orn0 effort to arouse and develop his feeble
faculties, The Indian, wild as the wind,
dashes over the prairies lh search of his
gaute, and rejects that restraintwhich edu-
cationimposeS. The Chinanlans sto!id as the
sm0veless idol at whose feet he worships, can
not be excited into adesire for anything bet
ter, And yet upon these milliohsofignOfant
creatures y0H would confer the high pre-
negatives of Bnlted States eitlzenship, But
say rs some, cne, are there not ignorant white
menS Z Undoubtedly. So there are some
Intelligent negroes, Indians or Chinamen.
But statesmen do not establish regula-l
tions based upon exceptional cases. Rules
and laws are to apply to classes, not to in
dividuals merely. But, suggests another,
why not confer iInpartilII suffrage.
Make citizens ofithose VINO possess GER
tainrdegfeesptllntelli and disquality
Others. Besides the inshperable difficulty