Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1868-04-16
The Rascality
T8ilIg

Sembly Of the STATE Of Ohio, That it shall ;
the duty Of the judges Of election to chal
lenge any person Offering 10 vote at an
election held under any law Of this Stat
having a distinct and visible admixtur
of African blood.
SEC. 2. Any person offering to vois
who shall be challenged by one Of tn
judges of election, or by any electoF, a
unqualified on account Of an admixtun
Of African blood, shall have tenderel
him by the judges of election the follow
ing oath or affirmation:
You do solemniy swear (or affirm
that you will fully and truly answer sucl
questions as shall be put to you touching
your qualifications as an elector."
Thereupon the Judges, or one Of them
shall put to him the following questions
l. In what State were you born, and
when, and where2
2. Were your parents married. and, Il
80, when and whereP
3. Had your parents, or either Of them,
an admixturc Of African biood7 t.
A. Who were your grand parents, and
where did they live; and were they mar
ried, and had they, or either Of them, 40
admixture of African bloodH 10
5. Do you associate with, and are you
classified with, white or colored personsS
6. Have you children; and, If so, are
there schools for colored children in op-
Grafton in the township, village or ward
where you reside; and, If so, are your
children permitted to attend the common
schools organized for white children, un.
der the laws Of this Slater
And a record in writing Of the said
questions and the answers given shall be
kept by the clerks Of the election, aud
/ filed with the poll books for public in
spection, and, il deemed necessary, the
judges of election may employ an addi-
tional clerk, to be duly sworn to faithfully
and correctly make such record. The
judges of election, or party challenging,
may put to the person offering to vote
such other questions as may seem to them
proper and necessary, y t-t&AE l"t
SEe. 3. After the examination Of the per-
son challenged, as provided in the prece-
ding section, the judges of election shall,
unless the vote Of said person is rejected,
require him to produce before them two
credible witnesses, to whom shall be ten-
dered by said judges the following affirm,
talon: ist Az ID
"You and each of you do sOlemnly
swear (or affirm that you will fully and
truly answer all such questions as may
be put to you touching the qualifications
of the name Of the person challenged as
an elector.
Thereupon the judges, or one of them,
shall put to each person, respectively, the
following questions:
lst. Are you acquainted with The name
of the person chalIengedl if SO, for how
long a time have you known him?
2d. Do you know when, where, and in
what State he was born?
Sd. Were you acquainted with his pa
rents, or either of them2 Ifyes, did such
parents, or eltherof them have distinct
and visible admixture of African blood
and were they married?
And a record in writing of the said
questions and the answers given shall be
kept and filed is provided for in section
two of this act, II the witness states the
proportion of African blood in either of
said parents. he must also state how he /
knows the same, and who were the grand
parents of the person challenged, and
what admixture Of African blood each or
either of them had, and how he knows the
fact; and said judges of election or any
party challenging may put to said wit
nesses any other questions which may
seem to them necessary and proper.
SEC 4. No evidence shall be received as
to the admixture of white blood which is
based on the opinion of the person chal
lenged or of the witness testifying in his
behalf, founded merely upon appearance,
unless the facts are fully stated as to the
parentage of the person challenged; and
no evidence Of reputation as to paFentage
shall be received, unless the parties about
whom such reputation exists are proved to
have been married; and the judges of
election, or the party challenging, may call
and have examined any other witnesses
in the premises that may seem to them
proper.
SEC, 5. If the party challenged, or any
person Intercepted as aforesaid in his be-
half, shall refuse to answer fully any ques-
ion as herein prescribed, the judges thall
eject the vote, and if the judges shall be
Iatisfed from the statements of all the
1ersons examined and the evidence ad-
iuced, that the person offering to vote is L
white male citizen of the United States" I,
before receiving his ballot, they shall ten
Ter him the following oath or affirmation: II
+" You do solemnly swear Cor affirm that
'ou are a white male citizen ofthe United
States, and know tile fact to be so from a
Of both your parents and your
and if the judges shall then
eceive said vote, the words challenged
IN the ground of visible admixture Of Af-
lean blood" shall be entered on the poll
,ook opposite said voters name. Il
SIC. 6. That any person who. on oath
r affirmation, shall procure the right to {
rote for himself or any other person, by
villfully aud corruptly deposing. declAr- I
ng or affirming any matter TO be fact 4
moving the same to be false, or shall in '
Ike manner deny any matter to be fact !
the same to be true, shall be
eemed guilty Of perjury, and, on ccnvic-
ion thereof, shall be imprisoned 10 the {
and kept at hard labor not l
lore than ten years ror less vhan three Z
ears. iA h
ohc' T. any Judge OF eiscVoh Receiving
he vote or sanctioDing the receptions of the 0
anne from any person hRying q distinct |
nd visible admixture Of African blood, a
ontrary to the provisions of this act, '
hall, on conviction thereof, be imprisoned j
n the County Jail not more than six Q
lonths nor less than one month, and shall b
lsO be liable to civil action for penalty e
D the sum Of five hundred dollars, which q
lay be brought against him by any cleo t
or Of the county Or districtin which the 0
Ote was received in the Court of Common il
leas of any county in the State where q
rocess can be served; provided, there P
nall be but one recovery for each viola v
on Of this act, and failure to prosecute s
: convict shall not in any maIner effect Il
le right to proceed for the, recovery Of P
ich penAltyl6 = ~ aJilUH lr
SEo. 8. That any person aiding. abet- T.
ng or cOunseling any Judge Of an election g
, receive vote, or aiding, abettirg or Il
any person to offer his vote in il
iolation of the provisions of this act, or o
ny person in any manner impeding the a
Of persons as. herein provided, Il
lall, on conviction thereof, be imprisoned n
the county jail not more than six months b
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