Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-02-29

Harrisburg turnpike.
The other amendment simply makes the
title of the bill conform to the foregoing |
provision. {
REPORT OF THE COMMITTEE ON PRIVILEGES
AEE AND ELECTIONS.
Senator CARTER, from the committee
on Privileges and Elections, to whom was
referred the petition of two electors OF
Gallia county, in the Eighth Senatorial
District of this State, contesting the right
of Homer c. Jones to seat i'm the Senate
as Senator of the said Eighth District, in
which it is claimed by said electors that
the said Jones was not duly elected Sena-
tor from said district, but that Henry M.
Onderdonk was duly elected the Senator,
submitted the report of the committee, in
the long pending case known as the
oNDERDoNK-JoNEs ELECTION CONTEST.
After disposing of minor points In the
case the committee proceed with the argu-
ment thus:
This brings us to the real and only
question presented in the case. which is: (:
Are persons having distinct and visible
admixture of African blood. entitled to
the rights and privileges of electors, under
the Constitution of this. State?
All the claims of counsel for Mr.. Jones
might be conceded, and yet. If such persons
are not entitled to the privileges OF cleo
tors, Mr.. Onderdonk is clearly entitled to |
the seat, as the following statement shows |
L II.
Jones. having visible admixture of At |
rican blood, 40; from which deduct
illegal votes conceded to have been
cast for Mr.. Onderdonk, 11-illegal
votes claimed to have been cast for
Mr.. Onderdonk in addition to the above 2
abstract of votes, 10=23; leaving clear
majority for Mr.. Onderdonk of II. The
constitutional provision defining the quail
ifications OF electors. is SO plain that there
should be no controversy as to its meaning.
The word 'swhite," which IL one of the
words of qualification used, is a term of
well established signification, and, as ap-
piled to man, is universally understood to
mean person of tie pure, unmiXed blood
of the white race. To say of a man that
he is white, is to affirm that he has no ne
gro blood in his veins. The word "white"
means pure white, unmixed, and in consti-
tutions and in popular language excludes
the whole African race, whatever may be
the admixture of African blood. Whoever
has distinct and visible admixture of
African blood is not white, and the word
s'white" has never been applied to such
persons. To say that person who
has an admixture of African blood
in his veins, less than one-half, is
white person, is an absurdity In
language and to hold that such persons are
entitled to the rights and privileges of elec-
tors in this State, as the Senate must do in
order to maintain the right of Mr.. Jones to
a seat in this body, would. in the opinion
of majority of the committee, be direct
and open violation both of the letter and
spirit of the Constitution. The trainers of
that instrument must be supposed to have
used the word in its usual ordinary and
popular Specification, which would also be
its legal one, and that as is herein shown,
was never extended so as to include any
person having an admiXture of African
blood of any quantity or degree.
The other words of qualification are ::
"Male citizens of the United States.n AT
the time of, and prior to the adoption Of the
present constitution, citizenship of the
United States was limited to the white
race, by the decision of every department
of the Government OF the United States,
in which the question ever had been
raised, SO that taking the whole provision
"every white male citizen of the United
States," together. it becomes very clear and
certain that the trainers of the COnstitu-
tion intended to confine the elective fran
chise to the white race, and to exclude all
persons of any other color or race.
The question is one of importance, and
one which the Senate should decide with
out regard to the decisions of any other
department of the Government on the
same subject So far as the Senate is con-
cerned the question is entirely new, and
in deciding it, this body is to be governed
solely by the Constitution and by its obli-
duty to regard the laws made in pursuance
of it, as the rule of its action, so tar as they
may be applicable to the subject matter
before it. By the Constitution the Senate
is made the Judge of the election, returns
and qualifications of its members, and no
power is anywhere conferred in that in
strument, upon any other department of
the Government, to supervise or direct its
action, and no appeal lies from its de-
cision. Hence no decision or opinion of a
court, OF of any other department of the
Government, has any authority over the
Senate in its decision of this question.
Deciding the question presented upon
what is herein claimed to be the true
meaning of the Constitution, as to the quail
ifications of electors, and in accordance
with the views expressed as to the rights
and duties OF the Senate in making the de-
cision, the majority OF the committee pre-
sent the following summary OF the vote
cast in said district and find the following
result:
The whole number of votes cast for Henry M. On
derdonk. for Senator in said district. as appear.
From whice deduct. for illegal votes cast for
said Onderdonk ...-.-..--.-.-.---........ III
1881
The whole number of votes cast for Homer G..
Jones. for Senator in said district,as appears 80,
from said abstract, S,003
From which deduct for illegal votes cast for ..
SAID Jones. ........''''''. -
1851
Leaving majority for Said Henry NJ Onder-
donk of......- ...---... II
The undersigned, therefore, submit the
following resolutions and recommend their
adoption
Resolued, That Homer c. Jones is not en-
| titled tn seat in the 5Sth General Assem-
bly, as Senator from the 9Th Senatorial Dis
| trict.
Resolued That Henry NJ. Onderdonk is
entitled to a seat in the 5Sth General AS
sembly as Senator from the sth Senatorial
| District"
Signed by the committee.
| On motion of Mr.. CARTER, the report
was laid upon the table, and ordered to be
printed, and made the special order fol
| Thursday next, at IL o'clock A. Nj.
On motion of Mr.. EVANS, the Senate
adjourned till next Tuesday at P. M.
| HOUSE.
MORNING SESSION.
| Prayer by Rev. Mr.. Gerhart.
PETITIONS PRESENTED.
By Mr.. FIELDING-From 5S citizens o
] Shelby county, for a law authorizing the
organization of tax payers VIII have beer
taxed for constructing turnpikes under the
law passed March %, 1867, into corporal.
bodies, with power to erect toll gates, ant
to collect toll to keep their respective
roads in repair, and divide the surplus prt
rata among the said tax payers. Referred
to the committee on Turnpikes.
BY Mr.. POND-From SO citizens o
Windsor township, Morgan county, for th'
repeal of the ''stock law" Referred to th
committee on Agriculture.
BY Mr.. .FIELDING-From fifty citizen
of Shelby county on the same subject a
the preceding petition presented by him.
Same reference.
By Mr.. BETTS-From forty citizens o
To-