Year: 1863

shall not be required to give bond by this act.
The object of this section 10 also plain. If the
husband gives bond, the wife should not be re-
quired to do likewise, as they live together
and II he is able TO give bond for himself he ID
able TO take care Of his wife. So II is In re-
gard to minor ohildren--if the parent who has
charge Of them has the ability to give bond, he
has the ability TO provide for them.


Section four provides, that ell negroes and
mulattoes who shall hereafter immigrate TO this
State, and fail TO give bond according to the
requirements of this act, shall be incapable oi
acquiring or holding property, real or personal
In this Stlte, and shall be removed therefrom
by the trustees OF the township, or members Of
the Common Council of the city or town In
which they may settle. as hereinafter provided


At the time undertook to draw up this bill
there was some doubt in my mind In regard to
the constitutional right of the Legislature to
pass law to prevent any human being, how
ever low his condition might be, from aocnmu,
lating and holding property 10 the State Of
Ohio ; but find upon examination that ! was
wrong, and that the Legislature has the power
to pass laws to restrict aud prevent persons who
are not citizens of the United STATES from i'm
migrating to and settling In the State of Ohio,
and holding property therein. But / will al.
lude to this point hereafter. ....


Section FIVE provides that If any negro or
mulatto person shall immigrate into this State,
and fall to give bond according to this act, II
sb vi be the duty of the trustees of the town
ship, or the members Of the common council OF
the city, or town, 10 the township, city or town
where such negro or mulatto person may be
found, to remove such negro or mula!to person
TO the State where Ruch negro or mulatto may
hava i'm mi bod Tka M nj
township, or the members of the common coun-
Gil Of any city or town, removing such negro or
mulatto person, shall receive for their services,
out Of the county current fund Of the county 10
which said trustees or members of the common
council may reside, such compensation for re-
moving such negro or mulaito person, 4a the
commissioners o. said county may deem just
and reasonable.


This section, as II will be seen from its read
Ing, provides the officers for the enforcement oi
the law, and the recompense for their perform.
ance OF that duty. According to my judgment
the proper persons are named for carrying
out the object of this law, aud enforcing itE
obedience, and the fund TO defray the expense
comes from the proper source


Section Gix provides that Il any township
trustee or member of the common council oi
any city or town, shall refuse, or willfully neg
lect, for the period of twenty days, to remove
from this State any negro or mulsEGo that may
hereafter reside in the township, city or town
In which said trustee or member of the com
mon council may reside, who has failed to give
bond according to the provisions of this act
shall forfeit the sum of Two hundred dollars,
to be recovered by civil suit In the name Of the
State of Ohio, one-half thereof to 20 to the in
iorme and the other half to the use of thu
common schools In the township, city or tow
in which said trustee or member of the com
mon council may reside.


Tnis section provides for the punishment o
the officers whose duty il 10 to enforce this law
in case they willtully and negligently preVen
1t being carried out according to Its true spirit
A Law Of thia character, without such pro
vlsiln, would not be II much force,


Sections seven and eight provide for the re
newal of bonds and the time OF the tlkiD
effect Ut the act, and it Ia not therefore Deces
sary to say anything specifically in relation t
them.


Conclusion to moTrow.1