Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1868-03-19
The Senatorial Contest.

The small democratic maJoii'y IA
the Ohio Senate have taken the Dit
in their teeth, and perpetrated one OF
the most infamous frauds on record,
AGAINST the people of this District,
by ousting HOMER G. JONES, and CIV
ing his seat to HENRY N. ONDERDoNK.
We had very faint hope that one
or two democratic Senators might be
found, who would refuse to lend
themselves to such plot. But party
discipline ruled, and we suppose the
result would have been the sam e, even
if JONES had received larger majo
ty. They were bound to unseat him
and let in ONDERDoNK, in order s'to
decrease the dangerously large Re-
publican minority in the Senate" as
one of them is reported to have said.
JONES was elected by 10 majority,
and the only thing, upon which On
.DERDoNK claimed his seat was AZ votes
cast for JONES, by persons more than
half white, or IS democrats have it,
shaving a visible admixture of Afri-
can blood" These were decided
illegal votes. and the seat given to
ONDERDoNK. The legality of such
votes, under the Constitution of Ohio,
and Its construction by the Supreme
Court, has been so aften shown and
commented upon in this paper, that
it is useless TO discuss it further
Every democratic Senator knew such
votes to be legal, and in rejecting
them, the Ohio Senate has over
stepped its powers, and refused to
be governed by the only authority in
the State, competent to decide the
matter. 1t is the duty of the Courts
to interpret the Constitution, and i'm
perative on the Legislature and exc
cutive to obey such decisions. If
the people of Ohio are opposed to
this class voting they have the power
to change the Constitution so as to
exclude them. But as it is, they are
legal voters, and the Senate in re-
jecting them, have deliberately set
aside and disregarded the Constitu-
ton of Ohio. 1t is the same offense,
for the mere suspicion of which
Andrew Johnson and all the ours of
democracy are yelping at the heels of
Congress.
But the reports of the committee
show that in order to perfect this
fraud upon the voters of the Sth
District, the Senate were compelled
to do double wrong. The "nigger
vote" was not enough. They must
get rid of the illegal votes cast for
ONDERDoNK to make out case And !
in doing this we see the beautiful
consistency displayed by the Senate.
To excuse their high handed fraud
IN rejecting the ''visible admixture"
votes, the committee say the question
8 "OnG which the Senate should de- |
eide withoa regard to tie decision Of
my other department Of the government
M the same subject. II = + Il
Hence, no decision or opinion of
Court, or Of any other department Of tile
has any authority over
he Senate in its decision of this
question
But in order to rule out the testi-
nony taken by JONES of illegal votes
last for ONDERDoNK, which, if admit
ed, would secure the election of
ONES without the colored vote, the
ame committee resort to the merest
echnical quibble, that the stpictest
ules of Court of law have sane
ioned, viz: that the notice, under
which this testimony was taken, was
erved on ONDERDoNK and not on the
lominal contestors. For that reason,
vidence clearly proving enough ille-
,al votes cast for ONEEREoNK to de-
eat him, even counting his ~ ''visi- |
lie admixtures," was thrown out in
rider to accomplish the fraud. In
he one base the Senate say, they
Eill not be bound by the Courts, in
he other they bind themselves by a
egal quibble, that respectable
awyer would hardly take advantage
# in Court of law.
The fraud is consummated however,
nd one more democratic Senator is
dded to the brilliant galaxy at Co.
umbus. But it will work the defeat
Il democracy, and the voters of the
th District at the next election will
leclare in manner that can not be
Misunderstood, that they will not
ave their rights as voters, thus dis
egarded.