The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1869-07-16
rHE ArroRrEY aENERAL,s REPLY.
IL AA-SANs'-- y --.-A~ = ~N--A -
THE STATE OF ONO,
OFFIoE OF THE ATTORNEY GENERAL.

OFFICE OF THE ATTORNEY GENERAL
CoLunBUs, May 81, 1859.
~. Wa. P. West Cincinnati, Ohio.
Your letter of the 26th instant
is isfeeeived and contents noted. You
desire my opinion as to whether, under
the act passed by the General Assembly
at its last session, electors having a Wis
able admixture of Indian or African
blood, but q preponderance of white
blood, are punishable for voting, or Of
fering TO vote, OF whether any person
is liable to be prosecuted under it for
receiving or inducing the votes Of such
electors.
am clear in the opinion that they
are not.
=
You win 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 by, or the receiving or inducing
the votes of this, class of persons, only
is made punishable by the act.
But article Of the Constitution pro-
hibits all persons from voting who are
not "white male citizens of the United
States" Therefore the act of last ses-
sion reaches and affects only the voting
of those whom the Constitution already
excluded from the ballot-box, and no
others It's penalties can in no manner,
or respect impair the right of those
who are and have been entitled to vote
under the provisions of the instrument
Who are so entitled
By the Constitution every elector
must possess these qualifications, viz:
lst. He must be finale"
ID. He must be 'white." a..
Sd, He must be ga citizen of the
United states.@
All persons not possessing all of these
quxlifcations sre, and have been, by
the Eo6st@dop5 excluded from the
ballot-box, as well before as since the
passage Of the said act.
But it is only sgainst voting by per-
sons not having these qualifications that
tie penalties Of the act are denounced.
Therefore every person who was entitled
to vote before the passage Of said act Is
stiil entitled
Upon whom do the penalties OF the
act fall Only upon those persons who
are not white and those who are not
citizens of the United States Who are
those personsl
iFirst-Under the Constitution as IN
terpreted by series Of judicial decisions
cunning, and concurred in, for nearly
half century persons of mixed races
possessing preponderance Of Caucas-
sian blood are sWhite.' Then the pen
slties of said act do not affect these, for
they are directed against persons who
are not white They, therefore, fall
upon those not having preponderance
of Caucasian blood, upon Indians and
negroes of half blood or more. But
these are, and have been, by the Con
stitufon, excluded from the ballot box
as we'll before as since the passage OF
the act.
Secondly the National Constitu-
ton, which is the supreme law of the
land, all persons born or naturalized IN
the United States are citizens of the
United States. But the penalties OF
said act are denounced against persons
who are not citizens of the United
States. They, therefore, fall upon those
persons of foreign birth who have not
been naturalized. But these are and
have been, by the Constitution, ,exclud-
ed from the ballot-box as well before as
since the passage of said act.
Therefore, as the provisions Of the
act have respect to persons who are not
white male citizens of the United
States and as all male persons of pure
or preponderating Caucasian blood
bornor naturHiized in the United States,
are white male citizens of the United
States it follows that all persons who
were entitled TO vote before the passage
Of the act are still entitled, and that its
penalties exclusively affect those who
are, and always have been excluded by
the Constitution. =
Thus you perceive that the rights o.
those who were entitled to vote before
the passage of the act is in no manner
inte1fered VithFor impaired by its pro
visions while il grohps together in one
category the unnaturalized foreigner
the Indian and negro, and hurls it
vindictive penalties at them. Why thi
distinction is made between non-voter
of native and foreign birth; why ez
elusive penalties Of greater security
should be denounced against illegal Vot
ing by an unnaturalized German, Irish
man, OF other foreigner, than is agains
the same offence by a Keutucikan o
Virginisn l am unable to discover.
have the honor to be,
Respectfully yours,