Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1869-06-18
ssvIsIBLE ADalIxFUREs sQUELoH-
ED AGAIN

I sfV1SABI.E ADllEXTURE'' Sc QUELCH-
ED AGAIN.
A gentleman in Cincinnati, of visible
African admfxture, but voter under
the Constitution of the State, has adj
dressed Attorney General West the
following letter of inquiry as to his
rights under the new Visible Admix-
ture Act, passed at the recent session
of the Democratic Legislature:
No. IA EAST FIFTH Street.
CINCINNATI, Nay 26, 1869.
Hon. Wn1. II. Vest, 4Bto4ney General,
Columbus, Ohio
DEAR SIRF The UNDERSIGNED is one
of few, who have hitherto successfully
struggled at the polls against the odds
OF being of visible admixture, and
/ though annoyed that the late LegisIa-
ture PASSED a law prolonging the strug-
/ gle, 1 am so little dismayed as to have
in contemplation to ignore its applica-
ton 20 me, by going TO vote as usual
/ the hrst time an occasion is offered.
desire to go in maintenance of princi-
pie not IN defiance Of law but while
/ l would not shrink from the threaten
ed penalty, an anxiety to act advised
! ly has prompted me to presume upon
your attention by asking an opinion at
your hands,. IF i am safe I 4FisIl. M
bue others with my desire. Such as
are of my view have thought to give
a public expression to their indigna-
tiOn and determination.
In behalf of many victims of politi-
cal injustice, I am
Yours, very respectfully,
WILLIAM P. WEST.
The following is the Attorney Gener-
ais reply:
THE STATE OF OHIO,
OFFICE OF ATTORNEY GENERAL,
COLUMBUS, May 81, 1869.
Mr.. Vim. P. Vest, Cincinnati, Ohio:
SIR: Your letter of the 26th instant
is received and contents noted. You
desire my opinion as to whether. un-
der the act passed by the General AS
sembly at its last session, electors hav-
ing visible admixture of Indian or
African blood, but a preponderance of
white blood, are punishable for voting,
or Offering to vote; or whether any
person is liable to be prosecuted under
of such electors.
am clear in the opinion that they
are not. The act in terms is as follows
CThe act, which we have already pub
ished, is here quoted in full. We re-
produce the first section, which is as
follows:
SECTION 1. Be 1t enacted By the GEN
eTdL Assembly of the State of Ohio, That |
tiOn held under the laws of this State, |
not being a white male citizen Of the |
United SIa'es, shall, on conviction |
thereof, be imprisoned in the Penitenti- |
ary and kept at hard labor not more
than five nor less than one year.
The second section Furnishes by fine
and Imprisonment the advising or
counselling any person, not being a
white male citizen, to vote, and the |
third section prescribes a like penalty |
for any judge who shall sanction the
reception of vote from a person not |
being white male citizen.]
The Attorney General continues:
You will observe that the penalties |
of the act are directed against those
the United States" The voting or Of |
fering to vote by, or the receiving or 1
inducing the votes of this class of per-
sons, only, is made punishable by the |
act.
But, Article 5 of the Constitution |
prohibits all persons from voting who |
are not g white male citizens of the |
United Statesip 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 respect, impair the right of |
those who are and have been entitled |
to vote under the provisions of that |
instrument. Who are so entitled?
By the Constitution every elector /
must possess these qualifications, viz; |
1st. He must be q male"
I'd. He must be O. tWhite,'
Sd. He must be "a citizen of the |
United States.''
these qualifications are, and have been.
by the Constitution, excluded from the |
balIot-box, as well before as since the
passage of said act.
But it is only against voting by per-
sons not having these qualifications /
that the penalties of the act are de- |
nounced. 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 l fall :. only upon those persons who |
are net white and those who are not |
citizens Of the United States,' - Who |
are these persons
First-Under the Constitution as in
terpreted by a series of judicial deci- I
sions runuing. and eoneurred in, for /
nearly half century persons of mixed /
Caucasian blood are 'swbite.1 Then |
the penalties of said act do not affect /
these, for they are directed against per-
sons WAO are not white" They, |
therefore fall upon those. not having q
prepondeaanee of Caucasian blood.
upon indians and negroes of half blood
or more. But these are, and have
been, by the Constitution, excluded
from the ballot- box, as we'll before as
since the passage of the act. -. e. s4A
Secondly the National Constitu-
ton, which Is the supreme law of the
land, all persons born or naturaIized
in the United States are citizens OF the
United States" But the penalties of
said act are denounced against persons