Year: 1868

OF MAHoNING COUNTY,


On a Rs,ob.t;on RelatiUs 10 lHr. Hlteheson'I


BiL 10 MaksR MTsdemsanor for Judge


OF Elections 10 Receive the Votes of Per


sons Rauing "a Visibls Admirtlrrs o.
| African Blood" Delivered in the SsHat,


Of Ohio, February 20, 1868.


| Mr.. May having moved to indefi.
nitely postpone the resolution, Mr.


Woodworth said:


Mr.. PRESIDENT: | hope the motion


of the Senator from Richland will mol
prevail. l offered this resolution in
good faith and in the discharge Of what
I conceived to be my duty as Senator
on this floor, and cannot permit 1t TO
be SO summarily disposed of, as the gen.
tleman seems, by his motion, to desire,
without, at least. attempting to show
some reason why the resolution should
be adopted.


The bill affected by this resolution
has now been in the hands of the stand
ing committee on Judiciary for more
than four weeks, and it seems to me to
be time that it was disposed OF, for
which purpose this resolution directs
that the bill be reported back to the
Senate without further delay. If, sir,
have got bitter pill to swallow, /
/ want something to say myself as to
when it shall be administered. If /
have got no such dose to take, want
to be SO informed at once and be re-
lieved from all anxiety and suspense
in regard 10 it. The people of Ohio
have been trembling long enough un-
der the uplifted hand of this threat
ened outrage. They have the right to
know whether the accidental majority
who control the legislation of this Gen
eral Assembly are really in earnest in
this matter.


The effect of this resolution, if adop-
ted. will be to defeat the bill; but,
whether adopted or not, its further ef-
| feet will be TO demonstrate that COM
mittee, composed of an Insignificant
number of Senators, have no power for
mere partisan ends, to stihe the express
sion and prevent sction upon matter
once fairly in the possession of the
Senate, either indefinitely or until 1t
shall suit their aims to cram the nauseous
dose down the throats of those who do
not think as they do upon politicalsub
-iect Although, sir, but little schooled in
parliamentary science, have conceived
the idea that a committee has no right
or power to do this, for the order of
reference carries with it, by an imp IL
cation, an order to report. am aware
that this smothering down by commit
tees, is frequently practiced in legisla-
tive assemblies, but it is wrong, and
this resolution proposes to prove that
it cannot always be done even when
the majority are SO inclined. By de-
manding the yeas and nays, as Intend,
upon this resolution, which expresses
the unconstitutionslitya and injustice Of
this visible admixture bill" we shall
learn whether Senators indorse this
measure, and thus will be determined
the question which it seems this judi
ciary committee are unwilling to have
either voted up or down, until 1t shall
suit the purposes of the party repre-
sented by the majority in that COM
mittee.


The questions presented by this reso-
luton, which go to the merit of the
bill, are now before the Senate, and !
hope, sir, that, without the interven-
s4oa-of sue previous question, or any
other of the means of gag or delay
which have hitherto been resorted to
by the majority upon this floor, upon
partisan issues, that these questions
may be fully and fairly discussed, from
both sides of the House before the final
vote is taken. The object of debate is
to elicit correct views, with which should
never be mingled a consideration of the
law of cause snd effect upon party or
ganization. Whether acting in com
mittee or upon the floor of this Senate,
the duty We owe 10 the whole people
of Ohio, whose representatives we are,
should be paramount toail obligations.
l make this remark, in part, because l
desire gentlemen to distinctly under
stand that the party with which vote
and act upon this floor care nothing
whatever as to the fate of this bill, so
far as party is concerned, for they are
well assured that its success will but
add another strand to the rope which
their opponents are preparing this win
ter for a Judas-like party suicide. This
bill will help the country just so much,
because il is hagrsnt insult to the
idea Of justice that sits enthroned high
in the hearts of the people from whom
all political power emsnates. This be-
ing true, its success cannot ipiure US,
but must greatly ipjure and damage
you in the esteem of all good, thinking
men, and Of such is q majority of the
voters in Ohio. Therefore, it is, that
without assuming an unusual degree
of political honesty, l am able to say
that 90 far as l am concerned, at any
rate, l for one oppose this bill for high
er, graYer, better than mere partisan
reasons; and TO briefly state those reas-
ons, upon which invite the criticism
of this body, is. aside from the expla-
nation of the why's and WherefoIes of
this resolution which l have already
given, my purpose and object in taking
the floor at this time.


The bill affected by this resolution
proposes to make il q misdemeanor,
punishable by Imprisonment in the
penitentiary, for election officers to re-
eeive the vote Of person having in
his veins a visible sdmixture of Afri-
can blood. In passing, may observe
that this penalty is not only dlspropor-
tionately severe, but absolutely attro-
cious, even if the act could, by any
possibility of reasoning, be carried into
the category of crimes. Were / dis
posed to criticise upon a matter not of
substance, might also call attention
to the peculiar pathological construc-
ton of this bill, the language of which
is arranged upon the hypothesis that
there is a visible difference in tie blood Of
different races Of men. l do not wish,
however, to make such criticisms
The broad propositions upon which
alone l desire to speak, are expressed
in this resolution, namely, the 1tneon-
stihdionaEty and the injustice Of the bill
introduced by the Senator from Frank
lin.


The object of this bill is to legislste
down the authority of the Supreme
Court, in its construction of the first
section of the fifth article of our State
Constitution. The Constitution of
1902, and the Constitution of 1851, so
for as the word Wkite is concerned, are
indeatical. The only other difference
existing between the suffrage sections
of these two instruments, consists in
the use. in the old Constitution of the