Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1869-06-17
STATE CENTRAL COMITTEE.
The Visible Admix;ure Law.

The following charge was given the
Grand Jury at the present term of the
Morgan County Court, by Judge NJ. NJ.
Granger, upon the Visible Admixture
Law. After addressing the Grand Jury
upon other matters, the Judge said:
II am also required to give you in
charge An Act passed on the 9TH day OF
May, A d., 1869, entitled IAN Act sup
Elementary TO the Act entitled An Act
to preserve the purity OF elections, pass
ed March 20, lS4l.n ia
This statute has been commonly
spoken of "a IA Visible Admixture
Law" and seems to be so generally mis-
understood that | deem it proper to
speak to you in regard to it at greater
length. And, first, it does not in any
way affect the qualifications of electors;
no man who was legal voter in OHIO
before the passage of tnis law ceased to
be a legal voter by yirlue OF this law.
Second-It is nothing more than
law providing for the punishment OF
three classes of otfenses :5,4 49, 9
1st-Certain illegal votes.
2nd-Per ems who procure certain il
legal votes. stN' 1ff ra
3rd-Judges of elections who receive
CSIldll- 1iltSdi NOlSo- - .-r - ~ ~ ~
The first section of this act reads as
follows: ANY person who shall vote at
any election held under the laws of this
State, not being white male citizen of
the Tn ted States shall on conviction
thereof he imprisoned in the Penitenti-
ary and kept at hard labor not more
than five years nor less than one year"
The words, "white male citizen" can
mean nothing more or less than the
same words in the Constitution of the
State mean. By repeated decisions of
our Supreme Court it has been adj judged
and settled that man who is of more
than half white blood is a white man,
therefore this law does not apply to col
| ored men born in the United States who
are of more than half white blond
They are legal voters, provided they
have resided in the township, county
and State for the period required by law.
But under this section three classes of
persons may be imprisoned in the Pen
/ itentiary upon conviction, to wit:
lst-COlered persons who are not of
more than half white blood who vote
at any election held under the laws of
this State. r....-r- .-.
| 2nd-Persons born III Europe or any
! country other than the United States of
| North America, who vote at any cleo
ton held under the laws of this State,
without having first been duly natural
lied and
5rd-Persons who, under the laws of
the United States, have ceased to be cit
izens of the United States by reason of
having deserted from the army or be-
cause of having fled tie draft during
the war with the rebellion, who vote at
any election held underline laws of Ohio
The second section OF the law provides
that "any person whoshsll,procure, aid,
assist, counsel or advise" any person be-
longing to either of these three classes
to vote at any election held under the
laws of Ohio, shall, on conviction
thereof, be imprisoned in the Peniten-
tiary and kept at hard labor not more
than five years nor less than one year"
The third section provides that ''ii
any Judge of an election shall receive
or sanction the reception of ayote from
person belonging to either of said three
classes, such Judge of election shall be
Imprisoned in the Penitentiary and kept
at hard labor not more than five years
nor more than one year.
Under former laws Judges of election
are punishable only when they ''know.
: ingly" received illegal votes. In thi:
statute the Legislature has omitted the
word "knowinglyn and directed thal
the fudge shall be punished If he re.
ceives an illegal vote of the kind describ
ed in1this statute.1 But if tire Judgt
uses all lreasenab Bile means within hi
power to ascertain whether the person
proposing TO vote belongs to oneoof tn,
three classes to whom this law; applies
and is deceived by false evidence, h,
, will moi be guilty OF any crime lnde
! ! | th;s Il, w for rpcpi yiup a ynta whioh Ie
e at the time, believes to be legal but b,
must use such reasonable means. to as
certain the fact in order to save himsel
from liability as a criminal Hrs ~ ri
> For instance, if the person offering f
s. vote be man whose physical appeal
q ance gives reasonable ground for suspi
i. ciou that he is not of more than hal
i, white blood. the Judges of election mus
make reasonable examination to ascel
tain whether he has the requisite pre-