Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-30
Ohio Legislature.
Saturday, March %, 1868.
SENATE. m n
MORNING SESSION.
President called the Senate to order

Inc fresiuent culleu Ine Oouu5o 10 Oruer
at ten o'clock.
THE FoRcrBLE ABDUCTION BILL.
Mr.. CARTER moved that the rules be
suspended in order that the Senate bin to
prevent the forcible abduction of citizens
Of Ohio. and to repeal the act passed Feb
l6, 1866. to prevent kidnapping In this
State, might be read the third time no,c.
Mr.. KEIFER called for the reading of the
report of the minority of the Judiciary
committee-Messrs. Conant, Everett and
Keiter-on the above bill, which was read
at the Clerks desk as follows: 7r
The minority of the committee recon-
mend the indefinite postponement of the
bill.
l. For the reason that the law of 1866
sought to be repealed by this bill, fully pro-
vide. against kidnapping, or forcibly or
fraudulently carrying or decoying persons
out of the State, unless such persons be
taken out In pursuance of the laws OF this
State, or In pursuance of the ld,os OF the United
States. ,s
| q The bill strikes out the wotds, ssor in
pursuance of the ldtcs of the United States,1
and thus stabs at the power of the General
Government, and seeks to set at defiance
the laws of the United States. A,s
g. This bill asserts the pernicious doc
trlne OF State Rights, and seeks to bring
about conflict of authority between the
State and the General Government.
4. This bill In effect asserts that the laws
OF thlJ State are superior to, and shall be
obeyed rather than the laws of Congress,
even though the latter are made in pursu-
ance of the Constitution of the United
s ates. ~
Thebillwas read the third time, and the
question being on its passage. 1t was OPP
posed by Messrs. Keller and Everett, and
advocated by Messrs. May and Hutcheson..
Involving discussion on the doctrine OF
4" States Rights" in the course of which,,
Mr.. HUTCHESON said 1t was not the
pestilent doctrine of States Rights which
had, or now promises to disturb the coun'
try, but rather the pestilent doctrine of
consolidation. He claimed that there new
er was any such thing known as the Amer
lean people considered as one single politi-
cal community. Such people never did,
nor can do political act. They did not
separate from England, but 1t was the
was recognized by England, but the
States" " named separately. 1t was no
such people which formed the Articles OF
Confederation, but these same States. 1t
was these States which peacefully with
drew from the Confederation, except Rhode
Island and North Carolina, and formed the
present Constitution of the United States.
This Constitution was made binding be-
tween these States, not over them. He
10 red the~old Republic was gone, and
that we were approaching military die
tatOrship, or central junta, or both COM
bined. The only remedy was in falling
back upon the States. and rebuilding the
fallen fabric. The remedy was not in
standing by the Executive or Congress. but
in standing by our own State against ali en-
croachment.
Mr.. GRISWOLD moved to refer the bill
to a select committee of one, with instruc-
tions to amend by inserting In the first Sec
tion the words ''or the laws of the United
States," so as to forbid the arrest or i'm
prisonment of any, person or persons, with
the intention of having such person or
persons carried out of the State, unless 1t
be In pursuance of the laws thereof, "or
the laws of the United States."
The motion to refer was discussed by
Messrs. Griswold and Corey in its favor,
and by Messrs. Carter and Stambaugh-
the discussion. as before, turning chiefly
upon the subject of State Rights, at the
close of which,
Mr.. .STAMBAUGH moved the previous
question, which was duly seconded, and
the main question was ordered by vote OF
10 yeas to IL nays.
The bill was then passed by the following
vote: % A.
s#YEAs-Messrs. Berry, Campbel,, Carter,
Dickey, Dowdney, Emmitt Evans, God
frey, Golden. Hutchinson, Jamison, Kenney,
Lawrence, Linn, May, Onderdonk, Rex,
Scribner, Stambaugh, Winner-20.
NAYs-Messrs. Burrows, Corey, Dangler,
Everett, Griswold, Hall, Keifer, Kramer,
Potts, Simmons, Terrence, Woodworth-l2
Absent on leave-Messrs Biggs, Brooks,
Conant and Yeoman.
The principal feature in this bill Is, that
from the provision of the kidnapping act
of Feb. 16, 1866, to prohibit the arrest or i'm
prisonment of person with the Intention
OF carrying him out of the State, unless
In pursuance Of the laws thereof, or in
pursuance of the laws of the United States,
the bill omits the latter phrase 'or in pur-
suance of the laws of the United States."
PETITIONS PRESENTED.
By Mr.. HUTCHESON-From 80 citizens
of Franklin county, for the passage of
law authorizing the levying of tax to
raise fund for the purpose of paying off
balance of debt incurred In raising quota
for the Sixth ward in the city of Column
bus. Referred to select committee of one
MIR. Hutcheson.
By Mr.. HALL-From 4S citizens of Luz
cas- county, demonstrating against any
change in the existing laws for the pro-
tectiOn of fish. Laid on the table.
By Mr.. REX-From Al citizens of Ham,
iltOn county, for the passage of law to
prevent persons having visible admixture
of African blood from voting. Laid on
the table.
By Mr.. .STAMBAUGH-Fro 9s citizens
OF COshocton county, for law to authorize
the commissioners of that county, to levy
tax to build bridge, across the Tuscara-
to select committee of one-Mr. Stam-
baugh.
By the same-From 96 citizens of said
county on the same subject-same refer
ence.
By Mr.. EVERYTHING memorial of
fhn Mi oG
lect of repeating the law, establishing har-
Dor and dock lines. Referred to the COM
mittse on Public Works.
By Mr.. WOODWORTH-From go citi-
zens of Mahoning county, for an act to pro-
tect the citizens of Ohio from injury by
incompetent dental practitioners. Refer
red to the committee on Medical Colleges.
BY the same-FrOm III citizens of the
same county, for the passage of the House
bill to regulate the practice cf dentistry.
Same reference.
By Mr.. BERRY-From II citizens of
Franklin county, for q law to protect the
citizens 0. Ohio from injury by incompe-
COMMITTEES on Medical Colleges.
On motion of Mr.. COREY, the Senate,
at half-past II o'clock, took recess till 8
T. M.
MR.. HNTCHEsoN's AMENDMENT.
Mr.. HUTCHESON'S original "visible
Admixture" bill was based on the idea that
.'visible admixture' was the basis of chai-
lenge, and ii the proof should show any ad-
mixture, to exclude from voting. His
amendment to section of the substitute
for his original bill, referred to In Fridays
report. was in conformity to that idea or
provision in the original bill.
PUBLIC WORKS COMMITTEE.
Mr.. GODFREY, on Friday evening, ten
dered his resignation as Chairman of the
committee on Public Works, which was
accepted by the Senate and
Mr.. ONDERDONK was, on motion by
Mr.. Godfrey, appointed in his place as mem
Der of said committee.
ma AFTERNOON SESSION.