Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-05-30
Supreme Court and the Visible
Admfxture Law.

The Supreme Court did not pronounce
/ its decision yesterday morning in the
Nenia Visible Admixture case, as was ex-
pected; but took recess until P. NJ,
when Chief Justice DAY announced that
4, he application to file petition in error
was refused, on the general grounds that
the restrictions placed on the right of
Suffrage exercised by persons having a
| distinct and visible admixture OF African
/ blood were such in character not warrant
ed by the Constitution.
The Court had not time to give its rea-
'ons, but would prepare syllabus for pub
lication, and thereupon their Honors dts
persed.
The indecent haste which has character
lied the whole proceedings, through which
plot, concocted in Radical caucus here
Tin which the Supreme Judges are said to
have been presently to defeat the voice of
the people OF Ohio as last fall pro-
nounced against Negro Suffrage, has
been consummated through the agen-
| cy of a partisan Court, for the pur-
pose of controlling the Presidential vote of
this State by Negro votes, and shows the
desperation of the Radical leaders. The
Supreme Court adjourned the last of April
with the distinct announcement that it met
May the 2Sth for the purpose only of de
livering opinions. Yet by preconcerted
arrangement, openly boasted of in Radical
circles, made-up case was commenced al
Xenia on the 1st of May. and hurried
through the Common Pleas and the
District Courts by agreement of the
parties to the record, and the
Supreme Judges assemble out of the regu-
lar term for the mere purpose of obeying
the behests of their party. Even then a
decision is reached on the merits of the
case by overriding every rule of practice,
and deciding points which they were pre-
cluded from passing upon, by reason of
the defect of pleadings as shown in the
record. This attempt to set aside a law
where the case was not properly before the
Court is the mere o6iter dicta of five law
yers, whose opinions are entitled to no more
weight than those of Mr.. SCRIBNER and
other members of the Judiciary committee
who reported the Visible Admixture law.
The people, who will have to decide ul-
timately in this conflict between the two |
coordinate branches of the State Govern
ment, must take care by renewed vigilance |
at the polls, that the design of the Radical |
leaders to carry the election by Negro
votes, is defeated. In the counties of Green /
and Clarke nearly one thousand of these
votes were polled last fall, under the pre-
tence of preponderence of White blood
"a fact that can only be estab-
lished by proof of parentage and
pedigree. When White man is challeng-
ed, he is compelled, under our election
avs, to take an oath and answer questions
as to his qualifications or his vote is re-
ected; but when a Democratic Legisla-
lure attempts to apply rule of the same
nature to the colored man it becomes at
,nce unconstitutional.
The Supreme Court has thus, by its ac-
ion, again forced the Negro Suffrage is
ue into the Ohio canvass, which the Radi-
.als imagined they had lodged under the
var cry of General GRANT.
We accept the issue. Hon. WIN. WHITE,
me of the Supreme Judges who thus went
'ut of their way to force this issue again
nto the contest, is the Republican can di-
late for reelection. Opposed to him as
he Democratic candidate is Hon. VIM. E.
FINcK, who carries the colors of the White
Ian.
How say you, voters shall this opinion
f Judge WHITE stand as your opinion, or
1ill you vindicate your manhood and your
ace by voting for Hon. WIN. E. FINcK?