The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1869-06-25

adyisedly has prompted me to pre-
sune upon your attention by asking
an opinion at your hands. If / am
safe, wish to imbue others with my
desire. Such as are of my views have
thought to give public expression
to their Indignation and determine
tion. ..- ..s.-
| In behalf Of many victims of polit-
ical injustice, / am, .., .....I...
Yours, very respectfully,
-. ...a WILLIAM L. WEST.
THE ATTORNEY GENERALS REPLY.
- THE STATE or ONO, !
OFFICE oE THE ATTORNEY GENERAL,
COLONIES, May 81, 1863.
Mr.. VIM. Z. West, Cincinnati, o.:
Sir: Your letter OF the 2Gih inst
is received and contents noted
You desire my opinion as to wheth
er, under the act passed by tile Gen
cral Assembly at its last session,
electors having visible admiXture
of Indian or African blood, but n
prcpOndcrance OF white blood, are
punishable for voting. or offering to
vote, or whether anv person is liable
To he prosecuted un,ier 1t for receiy
ing OF inducing the votes o: such
electors. -a.
/ am clear in the opinion that they
are not The act in terms is as fol
| lows
SECTION ]. BE IL enaeted Gy Me
General 1ssnnJiy ot'Dse Siote Of Ohio,
That any per- on who shall vote al
any election held under the laws OF
this State. not being y white male
citizen OF the United States, shall, on
conviction thereof, be Imprisoned in
the Penitentiary and kept at hard
labor not more than five nor less
than one year.
SEC. =. That any person who shall
procure, aid, assist, counsel or al
wise anv person not being a white
male citizen of the United States to
vote at any election held under the
laws OF this State, shall, on convic
tIon thereof, be imprisoned in the
county Jail Of the proper county, not
more than six months nor less than
one month and shall also he made
lisblr 20 a civil action for penalty
in the sum of one thousand dollars,
which may be brought against him
by any elector of the county or dis
trict in which the vote was received,
in the Court of Common Pleas OF any
county where process can be served
npon him provided, that there shall
be but one recovery for each viola
tiOn OF tins act, and failure 10 pros
ecute or convict shall not in any
manner affect the right to proceed
;or the recovery of such penalty.
SEC 3. Ii any judge of the elec
lion shall receive or sanction the
reception of vote from a person
not being a white male citizen of The
United States, on conviction thereof
shall he imprisoned in the Jail OF the
proper county not more than six
months, nor less than three months,
and shall also be liable TO a civil
action for q penalty in the sum of
one thousand dollars. which may be
drought against him by any electOr
of the county or district in which the
vote Was received, in the Court of
Common Pleas of any county where
process can he served upon him
provided, that there shall he but one
recovery for each violation of this
acs, and a failure to prosecute or
convict, shall not in any manner af
feet the right TO proceed for the
recovery of such penalty.
SEC. 1. All prosecutions under the
provisions of this act shall be by
indictment before the Court OF Com
mon Pleas in the county where the
oirensc was committed; and this act
shall be given in charge to the grand
iury, at each term of the Court OF
Common Pleas by the presiding
Judge thereof.
SgC. 5. This act shall be in force
from and after It's passage.
You will observe that the penalties
of the act are directed against those
who are '.not white male citizens OF
the United States.' The voting or
offering to vote ny, or the receiving
or inducing the votes of this class OF
persons, only, is made punishable by
the act.
But article 5 of the Constitution
prohibits all persons from voting
who are not "white male citizens OF
the United States" Therefore the
act of last session reaches and affects
only the voting by those whom the
Constitution already excluded from
the ballot box, and no Others. Its
penalties can in no manner, or re-
Ispect impair the right of those who
are and have been entitled TO vote
under the provisions OF that instru-
ment. Who are so entitled !?
BY the Constitution every elector
must possess these qualiiications,y wiz:
IsE lie must be male"
u. lie must he white
Sd. lie must he "a citizen of the
United States" I
All persons not possessing all OF
these qualifications are, and have
been, by the Constitution excluded
rom the ballot box, as well before
as since the passage OF said act.
Bat it Is only against voting by
persons not having these quaiiiica-
lions that the penalties of the act are
denounced. Therefore every person
who was entitled to vote before the
passage of said act is still entitled.
Upon whom do the penalties Of
the act fall? Only upon those per
sons who arc not "wh.te" aud those
who are "not citizens Of the United
lS,ates." Who are these persons !?
First--UDder the Constitution as
interpreted by series OF judicial