Year: 1868

SIS was decided in the case of TIE


SchooHeT Aurora B0realis Is. Do55ic III


O. R., 27l, they cannot dictate to the


Court its construction of acts under


which rights have become vested or


liabilities incurred, because the action
of the Legislature would then be ret
ro-active. The whole power of the


Legislature over laws once enacted


arises by virtue OF, and can only be er-


ercised by repeal or amendment. Now,


because you have no authority 10


amend the Constitution, you can exer-
else no power over it, either directly or
indirectly. This fact, coupled with the


legal maxim of which | have spoken.


which is a recognized principle with


the judiciaries of all countries-Hhich


is, If | may so express it, a part of the
unwritten constitution of our land,


leads logically to the conclusion l have
Just expressed, namely, that our law
courts possess, exclusive of any other
power under the sun, authority to con-
strue the Constitution.


| cannot here forbear from remind
ing Senators of the very pertinent fact,


that, OF all the political organizations
that have ever exercised any considera-


bic influence over American politics in
the past, the Democratic party, repre-
sented by the majority upon this floor,
and who are responsible for this bill,


whatever may be its fate, have been


the greatest stricklers for constitution


al law and the supremacy of Supreme
Court decisions. Every Senator upon


this floor knows that the Democracy


have always claimed themselves to be


the great constitutional party of the
country, and have always been exces-
sively tenacious in regard to the bind


ing authority of Supreme Court decis-
ions. That these two propositions were


the first and second commandments in


their political decalogue in times past,
cannot have escaped the memories of
gentlemen, as it has not escaped the
pen of the party historian. We have
not forgotten, and we cannot forget,


the prominence given these two propo-
sitions by the Democracy in the years
Immediately subsequent to the Dred
Scott decision; and why will you not


be consistent enough to still maintain
your old time faith, as 1t existed when
our National Supreme Court was riot
ing upon the rottennsss with which it
gorged from the hands of Southern
demagogues and the propagandists OF
the peculiar Southern idea?


If it is true, as was your former faith,
and as cannot be doubted, that the
Constitution is supreme to everything,


save the will of three-fourths of the
voters OF the State-f il Is likewise


true, as | have already demonstrated,
and as you once Vehemently claimed,


that the decisions of the Supreme
Court are binding upon all inferior tri-


bunals, including, Of course, judges of
election, then, sir, it necessarily follows
as an irresistible, unquestiouable, logi-
cal sequence, that should this bill, st
any time, under the auspices of the


Democratic side of this Legislature, as
sumo the form of law, it will be merely
so much superabundant paper, and
wasted printers ink, upon the session
laws of 0hio-it will be merely nugato-
ry and invalid-a page revealing only
the fact that partisan desire some times
is invincible against the most cogent
reasoning.


If respect is to be given to the Con-
stitution and Supreme Court decision
Hereunder, as of old-if it is true that
the Constitution cannot be amended,
except in the constitutional manner
i you have no power, as | have heea
arguing, 70 pass En enactment which
shall be superior in its force and effect
TO the Constitutional you have, as /
have established, no authority to as.
sumo, by enactments, Judicial functions
over the Constitution, then will some
Senator upon this floor be kind enough
to inform me and other Senators upon
this floor how it is possible for this
Legislature to make it criminal for a
board of election officers to receive the
vote of quadroon. an octoroon, or any
other dilution Of blood, more than one
half white?


But, sir, without attempting to dis
cuss the unconstitutionalityo of this bill
to any greater length, and cannot ex-
pect to be exhaustive, although l be-
lieve the reasons ! have already urged
are conclusive upon this proposition, |
desire, for the remainder of the time |
may Claim the floor, to consider the
right and wrong of this measure-the
second reason stated in the resolution
why it should be defeated. l desire to
submit to Senators, is it right, is it just,
is it in accord with the spirit and genius
of our institutions and purpose of cur
to legislate against the in
terest of any considerable class of our
fellow-citizens, and especially upon so
sacred a subject as the exercise of the
elective franchise7 You and | will
probably differ in regard to this, for the
and negative upon this
question of right and wrong, are the
views of the two political
parties whose faith we hold. l respect
every mans opinion in politics, religion,
philosophy, and every other subject Of
belief; the degree Of my respect, OF
course, being measured by the degree
of intelligence that sustsins that
opinion but, sir, envy not the man
who can say no in reply to any of these
questions. And here let me express
the hope that shall not be understood,
for do not so intend, as saying any
thing personally unpleasant or offen-
sive to any Senator upon this floor, but
merely as giving voice to an honest
of my own.


Now, sir, let US see whether my
second proposition is sustsinable. We
are, in this country, at this time, a
common people, known as American
yet we are derived from an eI-
ceedingly diversified ancestry. We
have only to turn back a single leaf in
the book of the past, and we encounter
the time when our ancestors with
widely differing laws, institutions, Gus
toms and creeds were making war upon
each other with 8 rancOr and bitterness
as seemingly inefsceable as Is the
hatred to-day felt by portion oil the
white race in our land toward the un-
fortunate class whose crime IS dark
ened tincture of the skin. But the
of the fathers have not re-
appeared in the children, and We are
to-day a common people of common
If my ethnology Is not at
fault, the gentleman upon my right,
the Senator from Wayne, is of Teutonic
extraction, while the Senator over
yonder may be of Celtic origin. The
ancestors of the Senator upon my LETT
NAV have marched under the banner
of William the Conqueror, while your
ancestors. sir, and mine, may have been
of the conquered Saxon race, who were
OBLIGED to wear collars of iron or brass
about their necks, engraved with the