Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1872-02-28

8 ton of the States where it Is located
Clearly, then, this land is now not anC
never was (since Ohio became State
: the property of the United States
, Ohio has not been dismembered of he
territory she had nothing to do witt
the giving of the deed and she vii
; hardly be willing to cOncede TO any o.
} her citizens the right by conveyance
and deeds to transfer her political jur
isdiction, either to the United States
or to a corporation.
: From the examination thus far il
must be apparent that neither by the
act of Congress, authorizing the for
nation ofthis corporation, nor by the
deed of Rosebery, has the State OF
Ohio been robbed Of any of her ter
ritorial jurisdiction or power. If the
General Government has got control
and the right of exclusive legislation
over and ownership of this territory,
it must have obtained it by some 9TH
er means than any yet referred to
I Up to this point of inquiry, nothing
has been done to deprive these soldiers
of the right to vote. Has the Legis-
lation done anything by which to de-
prive them of the privilege of suffrage?
I
Legislature, I desire to repeat the de-
claration made by the committee, that
! il may well be doubted whether the
Legislature can, il so disposed, de-
prive any man of his vote. The right
to vote in Ohio comes from the Con-
stitution of the State, and not from
any act of the General Assembly.
And any act whicn by its terms or by
fair construction, disfranchises bona
fide resident and citizen af the State,
is unconstitutional and void, unless
1t be as q punishment for crime. The
right to vote in Ohio does not depend
upon the will of any legislative body.
! II, therefore, the Legislature Of the
4 State should at any time consent to
surrender, or by any act has attempt
ed to surrender the right of suffrage
| belonging to the people Ofany portion
of her territory, such attempt would
be of doubtful authority. But Ohio
has never contemplated or desired any
such thing. And this leads me to the
third stage in the history of the Sol
4 diersf Home movement. Afterthe pur-
chase of the land by the corporation.
! the Legislature, on the 18th day of
April, 1867, passed an art ceding to the
United States certain jurisdiction over
this territory. The first section Of the
act reads as follows:
"Be IL enacted be- the General As
sena6ly of the State Of Ohio. That jur-
isdietion of the land and appurten-
anees, which may be acquired by
donation or purchase, by the man.
ayers of the National Asylum for Dis
abied Volunteer Soldiers, within the
State Ct Ohio, for the use and purpose
of said GsVllfnl, be and is hereby ceded
to the United States of America;
provided, however. that all civil and
criminal process issued under the au-
thority of the State of Ohio. or any
officer thereof, may be executed on
said lands aud in the buildings which
may be located thereon, in the same
manner as if jurisdiction had not
been ceded as aforesaid; and, provided
further, that nothing in this act shall
0e construed to prevent the officers,
employees and inmates of said asylum
who are qualified voters of this State,
from exercising the right Of suffrage
at all township, county and State elec-
tions, in the township In which the
said National Asylum shall be
located
Since then Ohio has twice passed
laws declaring that the inmates of the
asylum were citizens of this State.
These are the only law passed by Ohio
upon this subject. If the State ever
transferred or surrendered any of
its authority or power over this
land, that surrender must be
found in the section OF the act of
In NJ Oft Naf - F1ao ona
10 convey the title of the land to the (
United States. 1t remains Just as it !
did /; it is left Just where the deed of (
ROsebery leaves it-in the corpora I
ton, and is in no sense of the word ]
foreign territory. 1t is still part OF |
Ohio. 1t is claimed, however, that |
by the first section, 1 have read that /
Ohio surrendered its jurisdiction over |
It. Ohio did surrender limited jur !
isdiction, but when we endeavor to /
what it was and it's extent, /
we must look to the terms of the act I
itself
Now, prior to the passage of this
act 1t will be conceded that Ohio had /
exclusive control over this territory,
for all State and local purposes There
was no power in the Government of
the United States to compel her to
any part other Jurisdiction.
She was an independent party. The
United States has another; each was
to negotiate in regard to
the subject Ofloeal authority over this
the same as any two
parties to a contract. Neither could
cOmDeL the other to do anything.
Ohio could give the United States
absolute and exclusive Jurisdiction
over this territory, or limited juris-
could refuse any jurisdic-
ton whatever. The language of the
grant is plain. The intent of the Leg
islature is so apparent that no argu-
ment Is needed. 1t reserves to Ohio
the right to serve its criminal process
within the limits of the Soldiers
HOme-so that il should not be a
refuge for thieves and criminals, who,
having committed Offenses, should
attempt 10 shelter themselves by
escsping over the line-and it made
the further reservation, that the
inhabitants of this territory should be
egal voters in the township where the
asylum was situsted. Without these
the grant would never have
been made. They are essential, vital
parts Of the act Of cession. No Court
mas any power to set them aside. The
act must be taken and construed as a
whole. 4qu have no power TO say that
Dne part Is binding aud the other void.
These are the terms, the only terms, 4.
upon which the State of Ohio consents
70 cession of any jurisdiction what
aver, or to the use OF this land for The
purpose of a military asylum. The
United States must receive IL in the
spirit and with the limitations which I
were intended or reject it altogether.
We have a right TO say to the general
the Jurisdiction
which we give you-nO moreno less.
If our terms do not suit, then refuse
-hem-for we have no power to sur
render and never will surrender the
right which our constitution given to
every citizen to vote.
1 waive for the time being anv
upon the manifest injustice, 1
The outrage which is committed by
the intent and purposes
1f the Legislature in passing the law
That it intended to reserve the right
lfsuffrage to these veterans everybody {
knows. The able counsel for the sit
ing member admitted this before the I
And l affirm that not
lnly as a matter of justice, but as a
matter Of strict naked law, the reserva-
ion must be respected by the author [
D /.