Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1868-03-12
no BE CONTINUED I
Senate Contested Election Case

@SN6sS6 A4ASSS&OA S00Os
The Senste Committee on Privi-
leges and Elections has reported in
favor of the right of Henry M. On
derdonk to seat in the General
Assembly from the Eighth Senatorial
District. thereby depriving of his seat,
if this report is adopted, Homer C.
Jones, the sitting member The only
means by which the Committee found
it possible to oust Senator Jones from
his seat, was to recommend q clear,
positive and palpable violation of the
Constitution OF Ohio, as will appear
from the following extract from the
Committees report:
"The question is one of importance, and
one uhich The Senate should decide ,cithout re-
gard 10 the decisions Of Gny ether Department Of
the Government on the same subject. =
by the Constitution the Senate is made the
judge Of the election returns and quAiifics-
tions of its members, and no power is any,
where conferred in that instrument upon any
other Department of the Government, to su-
pervise or direct its action, and no appeal lies
from its decision. Hence no decision or opinion
of Court. os Of any other department. Of the
Government. has any authority 0rer the Senate
IN as decision Of this question"
This whole case turns upon the
meaning of the word 'white" in the
Constitution. The Committee con-
clude that unmixed white blood is
meant, and that no man is entitled
to vote in whose veins courses one
drop of African or Indian blood
They therefore find that there were
forty votes cast for Mr. Jones by cit
liens whose blood was defiled by a
slight admixture of that belonging
to a darker skinned race, although
the Committee do not deny that there
was preponderance of white blood
required by the Constitution and the
Supreme Court.
81 IiIS 'rss17ss0IGin1iy concIusiorS. sissss
a Senator elected, as they admit, in
act ordance with the lows and the
Constitution, as interpreted by the
highest judicial authority, is illegally
elected. Or, in other words, that
voters who have been acknowledged
legal voters for half century, and
have been declared legal voters
again and sgain by the Supreme
Court of Ohio, are in point Of fact
illegal voters, and that as conse
quence of this conclusion, both Dem
ocratic and Republican judges of the
Supreme Court, and all judges of
elections throughout the State, have
been violating the Constitution of
Ohio for the last fifty years!
When Senators took the oath to
support the Constitution of the State
of Ohio, did they swear to support
the Constitution as judicially inter
preted by the only tribunal author
lied to interpret the meaning of that
instrument, or did they not? Are
not Senators as well as all citizens
bound by the decision of the Supreme
Court? Is it the province of the
Legislative or Judicial Department
to interpret and explain the provis-
ions of the Constitution? If it Is not
within the constitutional power OF
the legislature to do away with the
decision Of the Supreme Court which
declares that preponderance Of
white blood constitutes a citizen
legal voter, how can it accomplish the
same result by the adoption of res
olution9
Can the Senate rightfully refuse
Senator q seat who has been elect
ed by majority of what the Supreme
Court have pronounced legal vetersP
And yet the men who are always
prating about the sacredness of judi
cial decisions, may have the temerity
to do just this thing.-Ohio State
Journal.