Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1869-05-27

present Constitution, was largely
nearly two .thirds-Democratic. Sec
ton of Article v of the Constitu
ton, provides:
EVERY WHITE MALE CITIZEN OF THE UsrrED
STATES of the age of 81 years, who shall have
been resident of the State one year next pre-
ceding the election, and of the county, town
ship or ward in which he resides such time
as may be provided by law, shall have the
qualifications of an elector, and be entitled to
vote at sill elections.
Under this provision. of the. pres
ent Constitution, the case of Ander-
son VS.. Miliken arose in Butler coun-
ty, and was decided in 9th o. st.
Rep, 56S, aud the Supreme Court in
that case held thst . person having
an admixture OF. African blood, but
having a preponderance of white
blood, was sswllite male citizen of
the United States,,' and therefore en-
titled to vote. Here again the deci
sion turned upon the meaning of the
word WHITE, as used in the Consti-
tuition. y
The law passed at the last session
of the Legislature provides that any
person ''Rot being white male citi-
zen of the United States,' who shall
vote at any election, shall be i'm
prisoned in the Penitentiary not
more than five ner less than one
year. s5ss -
1t will be seen that the 100000
worth of time expended by our most
extraordinary com bination of Demo
cratic Talent, has simply ratified the
Constitution by q manipulation Of
words, and left the decision of tie
Supreme Court unquestioned. 1t
will be seen that it provides hand
some penalties for soliciting any per-
son "not being a white male citizen
of the United States" 10 vote, and
procuring such vote.
Now look ont Mr. Democrat how
you try false naturalization papers,
importation, DC. You have made
the bed and must lie in it. Judges
of Elections need not be alarmed at
this scare crow. The old law and
decisions of the court plainly define
their duties as regards visible adj
mixture votes. But look out for im-
ported and fresh made voters with
fraudulent papers. The Legislature
has with a flourish of 6oma5astes furio-
so, as regards the niger, absolutely
done nothing, at an expense of much
gas, money, and foul air. Section 2
of the law is decidedly good. Read
it all:
A bill supplementary 10 the act entitled can Act
10 preSerre the purity of elections" passed
March 2Oth, le4l. 20. L.. Uol. SO, page l3.
SEQ |. Be it enacted by the General As.
scmbly of the State of Ohio, That any per-
son who shall vote at any election held under
the laws of this State not being a white male
citizen of the United States. SHALL on conyic
ton thereof, be imprisoned in the Peniteuaary
and kept at hard labor not more than five
years nor less than one year. t -
SEC. 2. Any person who shall procure,
aid, assist, couf selor advise any person not
being white male citizen of the United
States to vote at any election held under the
laws of this State. shall, on conviction there
Of, be imprisoned IN the Penitentiary and
kept at hard labor not more than FIVE years
nor less than one year; and shall also be la-
bic to civil action for a penalty in the sum
of one thousand dollars, which may be
brought against him by any elector Of the
county or district in which the vote was re-
ceiyed, in the Court of Common Pleas of any
county, where process can be served upon
him; provided that there shall be but one re-
coyery for each violation of this act; and a
failure TO prosecute or convict shall not in
any manner affect the right to proceed for the
recovery of such penalty.
SEC. 3. If any judge of an election shall
receive or sanction the reception Of q vote
from person not being white male citizen
of the United States, on conviction thereof
he shall be imprisoned in the Peuitentiary
and kept at hard labor not more than FIVE nor
less than one year, and shall also be liable to
a civil action for penalty in the sam of one
thousand dollars, which may be brought
against him by any elector in the county or
district in which the vote was received, in the
Court of Common Pleas of any county where
process can be served upon him; provided
that there shall DO but ore recovery for each
violation of this act, aud the failure TO prose
cute or convict shall not in any manner affect
the right to proceed for the recovery of such
penalty.
SEC. A. All prosecutions under the provi-
sion of this act shall be by Indictment before
the Court of Common Pleas in the county
where the offense was cemmItted and this
act shall be given in charge to the Grand
Jury at each term of the Court of Common
Pleas by the presiding Judge thereof
SEC. ), This act shall be in force from
and after its passage.