Pomeroy weekly telegraph. [volume], February 28, 1860, Image 2

About Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866

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POMEROY TELEGRAPH.
T. A. PLANTS. EDITOR.
TUESDAY I l l I Febrnarr, AS, I860.
EDITORIAL CORRESPONDENCE.
JVo. 19. - . .v ' i.
Dear Telegraph: Winter continues
here in all its glory. A few inches of
snow, a sleeting rain, followed by a keen
North-wester, has covered the streets
gain-' with a glare of Ice, making pedes-
triamKiu dangerous. But, so far as we
ar concerned, it makes but little differ
ence,"as we have no time to spend in that
eercise Th House, for the last week,
v t m . . ...
uas Deen in a mooa ot the most intense
rridustry, anf ' every moment is em
ployed either in session or in committee.
But, with all the disposition to dispatch,
business, which actuates the majority of
the members, still the progress seems to
he tJow, and if a full consideration is
given 4o .all the bills now upon our ta
bles, adjournment is a thing of the
far distant future. ,
; Overt three hundred bills, and more
is a fifty joint resolutions, have been
tntroduced "; into the two Houses. Of
these, eighteen have been . passed;, most
of theui making partial appropriations,
and authorizing towns to borrow money.
I hare not time to count the number
strangled on their way to the statute
book, but the destruction has been very
great.' . .' ; : ;7.
When it is recollected that there are
about one hundred and forty members
in the two Houses that each of these
gentlemen has the right to introduce as
many projects as he pleases, and on any
manner of subjects, and that members
fresh from the "Rural Districts" see a
nacent immortality in every such scheme,
it will not be astonishing that the tables
groin under the weight of "bills" that
have fcvi little chance to "develop" into
the full proportions of authoritative
"laws',"; r ' . V' ' "
, And when it is recollected further that
each of, these bills have to go through
die process of being read three times on
throe separate days referred to the Com
Huttce of the Whole, and there discussed
to the heart's content of all the mem
bersthen referred to some standing
wtnmittee, again discussed, amended, re
ported back to the House and again dis
cusaed put to vote and cither carried
r .lost,, no, matter vote reconsidered,
till again referred, and again amended,
discussed and cussed, until the abortion
is finally disposed of as an intolerable
nuisance, it will not be wonderful that
' .... v
time is consumed without much to show
for it. ' But if any one will take the
trouble to look over the bills introduced,
and reflect upon all this routine, we
think they will award the meed of praise
to that Legislature which ' prevents the
final passage of the greatest number of
- these crude projects. . .
Only think' of it! Nearly four ..hun
dred bills and resolutions already intro
duced,' and still pouring in every day in
an increasing torrent, as the members be
came ; more expert in the use of the
forms necessary to be observed in getting
up theee bills. Well, with this pleas
ant review of the daily proceedings of a
legislative body, our readers can guess
ixovr very interesting the business will
become, . after the first novelty of the
thing has worn off. ; '
Our readers will remember the use at
tempted to be made of . the celebrated
"eitible admixture" law by the Democratic
rtum'pers last Fall. They will also re
member that we took the position that
the law was unconstitutional, and ought
to be repealed. The principle of that
act has been before the Supreme Court,
and v by' the unanimous decision of all
the judges, pronounced unconstitutional
and void.' The decision was delivered
Jby Judge Gholson, andconcurrcd in by
rail the others. "The- opinion is a very
ble one and'settling, as it does, a very
important . constitutional . principle, we
enclose s copy for publication in the Tel
egraph. Our readers will see by this
decision that the Court has taken the
preciso viewoi me BUDject wmcu wc uiu
upon the stump. . True, we claim no great
credit for our view of the matter, for the
position was so plain that it was always
a matter. oi surprise now. any one couia
honestly sustain the law.j y'
This decision has given a grand illus
tration ; of the 5 proverb that "circum
atances alter cases." Every one will re
memberlhe pfirfecthpwset up by the
Statesman and other Democratic papers
and orators pver the'iailuro of the Re
publicans to. nominafe Judge Swan,after
his" decision in the "rescue case." It
was asserted that udge Swan was stricken
fnvn VAMiise fif that orjinion. and from-
CJ ay. Ranneydown, the cry was raised
'TT09c'riBiiori."-and to 'refuse' to re-
lArniWak r itfde-e on account of hisonin-
i4a&,fi!fi&triitiag at' the independence
0 tfiejadiciary." ? But no sooner has
the Kll 'bench, including Judges Feck
)tt; who1 were so extravagantly ex-
by tne .'Statesman then, delivered a
- C3 ' . w-
- - - - - - J. .. . V ..
' and the rights ot tne people under it,
than this same Statesman comes out with
''tlMj most inflammatory ana ianaucai ap-
rrjealrto tne Dasesi passions anu preju-
trike down these very J udges, simply be-
cause oj taut, ojniaaw xi uw muic w
... o A
ittoh, we would like , to know by what
same to cau tne raying oi ine aiaiesmuii,
calling. for the political death of Judges
Pfecle, Scott and their associates?' c , ;
. During ;the week there has been an
array of, legal talent employed in the
Supreme Court, which, perhaps, was
never befora engaged in any single case.
The ease itself was the most important,
ii lid involved the largest amount of
money of any ease ver tried in the State.
Tha ! amount of , mamj involved was
nvorff than one haadred millions of dol
Ux, and the point raii4ver4jslith'0
riShts tewta, liabilities, &c, of cor-
porations, and especially railroads, to
their creditor and to the public. The
Attorney General, S. F. Vinton, Col.
Swain, Judges Ranney, Thurman, Ken
non, Stanbery, and others of equal , note
were engaged as counsel, and their argu
ments are said to have been the ablest
; ever presented before the Court. The
decision will not be delivered for some
time.
But our letter is long enough and wc
must close.
(Forrcsuondtfe.
' CiticmitiTi, O., Feb. S4, 1860.
Editors of Telegraph: Your enlarged,
neatly printed, and richly freighted Tele
graph comes weekly to me; for which be
thanked. AlthougVwe s'eer many dai
lies here, yet your paper is read with
much interest by the boarders, and is
pronounced by them a first class jour
nal. T. A. Plant's excellent lettersfrom
Columbus are read with much pleasure
by. the lovers of political literature.
VARIETIES.
The Melodeon Hall was uncomforta
bly -crowded Saturday, night-, the 18th
inst.. with persons eager to see and hear
that world-renowned woman, Lola Mon
tez, lecture on "John Bull at Home."
Her appearance, with a powerful opera
glass to aid the natural vision, was, to
me, of medium size, from one hundred
to a hundred and ten pounds in weight,
black glossy hair, sparkling black eyes,
arched over with jet black eyelashes,
brunette complexion, ivory white teeth,
age about forty. She came forward, un
accompanied on the stage, to t.'ie Speak
er's desk, at precisely 8 o'clock, amid
a hearty greeting from the audience,
whom she gracefully bowed too, and
commenced her lecture in a clear and
forcible style, as if no word' was to be
lost or idea confused, but should make
a lasting impression on the minds of her
hearers. Yet her lecture was inters
spersed with anecdotes, which made it
exceedingly amusing and pleasant. She
dwelt much on the similarity of charac
ter, which she asserts exists in the Yan
kee of New England and the native
Englishman.' She claims that enter
prise, impudence, energy, quackery and
humbuggery are as rife in Britain as in
our Eastern States. ..She .denied that
any difference existed even. among the
women. For she said the women's
rights ideas were strenuously agitated
and advocated more than fifty years ago
by the strong minded women of England.
As evidence .that the Yankees are like
Englishmen in .ibeir business, she says
that the Pilgrims before taking the lands
from the Indians met in solemn conven
tion and passed resolutions, which was
the way Englishmen done their impor
tant business. Resolution .first was
unanimously adopted viz: J The land
is the Lords. Secondly, they were the
Lord's people; therefore his lands be
longed to them.
The Countess delivered her second
lecture, on "Fashion," Monday night,' at
the same place, to an immense audience, ,
of both sexes, who greeted her appear i
ance on the stage with a round of ap
plause. Half an hour before her lec
ture began, 8 oclock, seats and standing
room were at a premium, or, rather, not
to be had at any price. Scores ieft with
out getting a peep at, or hearing Lola,
for the want of room in the spacious
Hall. - Her dress "was made of black
bercge, over a white satfn one, moder
ately hooped out, flounced with broad
lacel! embroidered white under-sleeves,
embroidered cape, head. dress, white em
broidered handkerchief held in her right
hand while; speaking, no ornaments
whatever, : not even a finger-ring; in
short, she ws dressed in "exceedingly
good taste. The Countess condemned in
strong terms low-necked dresses and na
ked arms, as being immodest and highly
detrimental to health. But approved of
hoops ; for their lessening skirts and
thereby diminishing weight. She began
ber lecture by saying that the tyrant,
"Fashion," commenced its swag in the
Garden of Eden, and had its origin in
the sins and follies of mankind. Then
she occupied one hour in outlining differ
ent fashions which had prevailed among
nations at various ages of the world, and
in contrasting theextremes of both sexes.
She says the best way -to cure the evil of
excessive fashion is by ridiculing it. She
says that the gentlemen ought to be very
thankful that the inflated balloons, which
the ladies wear, are not so. large but
what they can get through the crowd..
Washington's one hundred and twenty
eighth birth-day was celebrated here on
the 22d inst., by a general outpouring
into the streets of the people of both
sexes, as it was a love of a day, and by
all of the military, and by the stars and
stripes floating triumphantly over the
city by thousands, by the city railroad
cars being decorated outside with flags,
wreaths of flowers around their entire
bodies, and evergreens, life-like por
traits in gilt frame on the tops and in
front, of him who was "first-in ,war, first
in peace, and first in the hearts of his coun
trymen." These rolling " palaces were
mostly drawn on this occasion, through
the day, by four beautifully decorated
horses, and the cars were . loaded . with
people from morn till nigh.t, and the
day's proceedings concluded by grand
balls and concerts at night. ;
.; Spring is here in appearance, for rich
varieties of beautiful hot-house flowers
and hot-bed radishes have made their
appearance in the markets. The mer
chants have been busy, and are now, in
receiving their Spring stock of goods,
which has not, as yet, had the effect to
improve trade, owing to the coolness of
the season; but a good trade is antici
pated when warm weather makes its ap
pearance.' '
Land sharks are in the market, pur
chasing soldiers' land warrants at 73 to
74 cents per acre, which, will soon all pass
into the hands of speculator, who will
, locate them in large bodies of land, and
prevent men of small means from getting
hold of them and purchasing farms in
the far West, and becoming actual set
tlers there, and improving the country.
A man by the name of Hustn bought
seven thousand acres of warrants the
other day, and has gone West to locate
them. R. B.
Opinion or tne Supreme Court of Ohio
Construing the Words "White Male
Citizens of the United St ates" in the Sec
t ton of the Constitution Relating to the
Elective Franchise.
No. 119. Alfred J. Anderson vs.
Thomas Millikin ct al. Error to Court
of Common Pleas of Butler County.
Gholson, J.
This was an action brought by the
plaintiff against the defendants, judges
of an election, for the refusal of his vote.
It was submitted by the parties to the
Court of Common Pleas of Butler county,
upon an agreed statement of facts, show
ing: "That the father of the plantiff
was a white man without any admix
ture of African blood, that the mother
of the plaintiff is a mixture of three
fourths white and one-fourth African
blood, that neither the plaintiff or his
mother ever were slaves or held as such;
that the sa'd plaintiff for twenty-five
years last past .has been a resident of the
second ward of the city of Hamilton, in
Butler county, in the State of Ohio, and
that in -all respects he was at the time of
the election hereinafter referred to, a
qualified voter at said election, in said
ward, unless disqualified on account of
the admixture oi Airican blood, as afore
said. That on the fourth day ofNovem
ber, A. D. 1856, the said plaintiff, at the
polls of the said ward, offered to vote
for electors of President and Vice-President
of the United States, and that said
defendants being then and there the
judges of said election, refused to receive
the vote of said plaintiff on account of
his admixture of African blood, and for
no other reason." The statement further
showed that it was agreed: "that the
said defendants were not actuated by
malice or ill-will in the refusal of said
vote, but supposed themselves to be in the
line of their official duty, and that if the
law of the case is with the plaintiff upon
the facts as herein agreed, he shall re
cover only nominal damages."
The case having been heard -upon the
agreed statement of facts, the Court of
Common Pleas rendered judgment for
the defendants, to which the plaintiff ex
cepted. And to reverse that judgment
a petition in error has been filed in this
Court. ,
The Constitution of 1802 contained
the following provision as to the persons
entitled to the exercise of the elective
franchise: "In all elections, all white
male inhabitants above the age of twenty
one years, having resided in the State
one year next proceding the election,
and who have paid or are charged with
a State or county tax, shall enjoy the
right of an elector; but no person shall
be entitled to vote, except in the county
or district in which he shall actually re
side at the time of the election." (Art.
4, Sec. 1.) 5 Theuseof the word "white,"
in this section, necessarily excluded those
inhabitants of the State, though other
wise qualified, who were not white, and
called for a determination of the ques
tion, who should be deemed "white,"
within the meaning of the Constitution?
This question was answered by repeated
judicial decisions. It was considered in
view pi blood or race, and the rule
adopted to meet the obvious difficulty of
a mixture of blood or races, was, that
the blood of the white race must pre
dominate. There was a white race and
a black race, and the obvious intent was
to exclude the latter from the elective
franchise. If an inhabitant of the State
had an equal portion of the blood of each
race, the exclusion still applied, but if
he had a larger proportion of the blood
of the white race, he was to be regarded
as white, within the meaning of the Con
stitution. (Polly Gray vs. The "State,
4 Ohio Rep. 353; Williams vs. School
Directors, Wright's R. 579; Jeffries vs.
Ankeny, II Ohio R.. 372; Thacker vs.
Hawk, 11 Ohio, 376; Chalmers vs. Stew
art, 11 Ohio, 386; Lane vs. Baker, 12
Ohio, 237; Steward vs. Southard, 17 Ohio,
402.) . . i .. ..v v ;
There was,. probably, no word in the
constitution of 1802, the meaning of
which had been more fully and author
itatively settled by judicial construction,
than the word "white," as connected
with the exercise of the elective fran
chise. And, undoubtedly, at the time
of the adoption of the constitution of
1851, persons coming within the descrip
tion above stated, in whom the blood of
the white- race predominated, and who
were in other respects qualified, had a
right to the exercise of the elective fran
chise. The first section of the fifth
article of that constitution provides that:
"Every white male citizen of the United
States, of the age of twenty-one years,
who shall have been a resident of the
State one year next preceeding the elec
tion, and of the county, township,.f or
ward in which he resides, such time as
maybe provided by-law, shall have the
qualifications, of an elector, and be en
titled to vote at all elections.". And the
question presented in this case is,
whether it was the intention of that sec
tion to, deprive the persons above de
scribed of a right which they had before
enjoyed and of a right so valuable and
highly prized as that of an elector?
In any ordinary case in any case in
which feeling and prejudice did not enter
as elements to disturb the judgment, no
one would probably claim that a most
important right once enjoyed, and,
necessarily, in its nature continuous,
was abrogated and annulled, unless the
intent to do so was clearly and explicitly
expressed. Argument and inference
from the use of doubtful and indefinite
terms would not be deemed sufficient.
We trust that, without influence from
any prejudice we might personally feel,
or from any which we might suppose to
be felt by others, we can, in the language
of our omcial oath, administer justice
without respect to persons. And, re
garding this as a case to be governed by
the ordinary rules of construction, we
might safely stop, by adopting the
language of a distinguished and lamen
ted judge, expressed while acting as a
member of the convention which framed
the present Constitution, and say of the
section of it under consideration, that it
is substantially the same as the corres
ponding provision of the old Constitu
tion." ("Mr: Hitchcock of Geauga, 2
Debates of Convention 639, 640).
But the interest and importance-of the
question demands from us further re
marks. We are bound to presume that
those whd framed the present constitu
tion knew what judicial construction the
words of the former had received; If
we look at the record of .their proceed
ines. published under their authority,
i we know as a fact, that the construction
' which had been given to the word
"white" was expressly and directly
brought to their attention. A proposi
tion was made to strike put the word so
, as to remove the exclusion of persons
not white, and it was contended "that
' the term 'white' is vague in its significa
i tion and has no practical meaning." In
j answer, it was said: "Such might have
been the case, if the word had not re
j ceived a practical construction for near
. fifty years, but there is now no question
j that may, with more safety be submitted
j to any of our tribunals, from the Su
preme Court to the J ustice ofthe Peace.
(Mr. Worthington, 2 Debates of Con
vention, 639.). And a member in favor
of the proposition, commenting on the
decision of the courts, as one they had
been obliged to make to get over the
difficulty from the use of the word
"white," expressly stated that decision
to be, "that a person having less than
half black blood, shall have the rights
of a white man." (Mr. Humphrevill, 2
Delegates of Convention, 553.) in view,
then of this knowledge, presumed and
actual, of the construction of the word
"white" had received in reference to the
exercise of the elective franchise, we find
the same word in the same connection in
the present constitution. By the ;clear
and well settled rules of construction,
we are bound to conclude, that the word
was used in the same sense and was in
tended to include all persons, whom the
meaning it had received would embrace.
To induce any doubt as to the correct
ness of this conclusion, reference must
he had to words in the context; not
found in the corresponding prorisiiffpf
the old Constitution.- The only 'words
from which any such doubt can possibly
arise, are "citizens of the United States"
substituted for the word "inhabitants"
used in the former provision. And we
do not suppose that this doubt was ever
entertained, until after a recent decision
of the Supreme Court of the United
States. (Dred Scott vs Sandford, 19
How. 393.) But it is a mistake to sup
pose that the question, whether any de
gree of the blood of the African race
would prevent a person from being a
citizen of the United States, was presen
ted or decided in thatcase. On the con
trary the plaintiff in that case was alleged
in the plea in abatement to be, "a negro
of African descent, whose ancesters were
of pure African blood, and who were
brought to this country and sold as
slaves." (19 Howard, 400.) And it
was said by Taney, C. J., in the opinion
of the Court: "The question is simply
this: Can a negro, whose ancestors were
imported into this country, and sold as
slaves, become a member ofthe political
community formed and brought into ex
istence by the Constitution of the United
States, and as such become entitled to
all the rights, and privileges and im
munities,guaranteed by that instrument
to the citizen? One of which rights is
the privilege of suing in a court of the
United States in the case specified in the
Constitution. It will be obsrved, that
the plea applies to that class of persons
whose ancestors were negroes i of the
African race, and imported into this
country, and sold and held as slaves.
The only matter in issue before the
Court, therefore, is, whether the descen
dents of such slaves, when tbey shall be .
emancipated, or who are born of parents
who had become free before their birth,
are citizens of a State, in the sense in
which the word citizen is used in the
Constitution of the United States. And
this being the only matter in dispute on
the pleadings, the Court must be under
stood as speaking in this opinion of that
class only, that is, of those persons who
are the descendents of Africans who were
imported into this country and sold as
slaves. (19 Howard, 403.) ' '
Indeed it is not probable that the Su
preme Court of the United States would
have announced a rule excluding per
sons, having any mixture ofthe blood
of the African race, from the rights of
citizenship.'without reference to the con
stitutional and legal provisions then and
now in force in many of the States, hav
ing a strong bearing upon the question,
and upon the effect of such a rule.
In North Carolina, where, before the
adoption in 1835, of amendments to the
Constisution of the State, it is well
known, that free blacks and mulattoes,
under the general designation of free
men had the right of suffrage; the change
then made is in these words: "No free
negro, free mulatto, or free person of
mixed blood, descended from negro an
cestors to the fourth generation inclu
sive, (though one ancestor of each gen
eration may have been a white person,)
shall vote for members of the senate or
house of commons." (Rev. Code, N. C.
23.) The-first section of the fourth ar
ticle of the Constitution of the State of
Tennessee provides -that: "Every free
white man, of the age of twenty-one
years, being a citizen of the United
States, and a citizen of the ; county
wherein he may offer his vote, six months
next preceding the day of election,
shall be entitled to vote for members of
the General Assembly, and other civil
officers, for the County or district in
which he resides: Provided, that no
person shall be disqualified from voting
in any election on account of color, who
is now by the laws of this State a compe
tent witness in a Court of Justice
against a white man." The rule as to
the exclusion of witnesses is thus stated
in the Code of Tennessee: "A negro,
mulatto, Indian, or person of mixed
blood, descended from negro or Indian
ancestors, to the third generation inclu
sive, though one ancestor of each-generation
may have been a white person,
whether bond or free, is incapable of be
ing a witness in any cause, civil ioj: crim
inal, except for or against each, other."
(Section 3808.) :
It is well known that in some of the
States there are three classes of persons
white citizens, slave, and free, negroes
and mulattoeB, as they are usually des
ignated. To this third class another des
ignation, mustizoes, has been added, and
with this addition it was said in South
Carolina that "the law recognizes onlg
three classes of persons: freemen under
the constitution, or citizens; slaves, and
free negroes, mulattoes and mustizoes,
who constitute the third class." (White
v. Tax Collector, 3 Rich. 136-139) Now
it is evident that to determine whether a
person belongs to this third class, either
some rule must be adopted, or it must be
left to the uncertain, and to a great ex
tent, arbitrary discretion of those called
on to act in particular cases. In most
of the States whose laws or decision we
have been able to examine, a dennite
rule founded upon the degree or quan
tity of the blood of the excluded class
has been adopted. " In Virginia the des
ignation is "free negroes and mulattoes"
and the term is defined by statute. "Ev-
' ery person who has bne-fourth part or
I f imiitm Klnnrl shall Via demned a.
mulatto,and the word negro in airy other
section of this, or in any other statute,
shall be construed to mean mulatto as
well as negro." (Code of Virginia, c-103-
Sect. 3.) There is a definition al-
most in the same words in the statutes
! of Kentucky; (2 Revised statutes of Ken
: tucky, 359.) of Arkansas; (Revised stat
utes of Arkansas, 534,) of Florida;
(Thompson's Dig. 587.) . '
i The Constitution of Georgia provides
that the elector? of the General Assem
bly shall be citizens oi the iState. A stat
ute of the State provides a somewhat
singular mode by which citizenship is to
be determined. Any free white citizen
is allowed to file a petition in court as
j a suit of a civil nature, against any per-
i son who may claim to exercise the rights
and privileges of a free white citizen ot
the IState, in which he shall allege that ;
the person so claiming is of mixed blood,
and not a free white person. After pro
visions made for process, trial and judg
ment, two concurring verdicts being re
quired, it is provided that "it shall be
lawful for the plaintiff to prove that the
defendant is descended from, and stands
in the third generation to him or her
who was or is not a free white citizen of
the State, or any other State whose con
stitution and laws tolerate involuntary
servitude, or that said defendant has one
eia:hth of Negro or African blood in his
or'her veins." (T. R. R. Cobb's New
Digest, 531.) And as a result of this
statute, it is said in Bryan vs Walton,
(20 Georgia B. 479-512,) of a person
having less than one-eighth of African
blood, that "he may exercise the rights
and privileges of a freeman.
It has been said that "those least dis
posed to consider persons to bo white
who have any proportion of African
blood, have admitted that persons posess
ing only one-eight part of such blood
should be regarded as white." (Bailey
vs. : Fiske, 34 Maine, 77-78; 2 Kent's
Com., 36, note, 7th ed.) The prevalent
disposition appears to be that some de
gree of blood affords the most satisfac
tory rule, but in South Carolina a differ
ent rule prevails. No rule as to degree
of blood has been prescribed by Statute
or settled by decision, and there appears
to be a difference of opinion as to the
propriety of such a rule. In the first
t;ase in which the question arose, refer
ence was made to the law of Louisiana
and the Code Noir of France for her col
onies, as providing that "the descendant
of a white and a quadroon, or a person
having only one-eigth part of negro
blood, is accounted white." And, it is
added: "Perhaps it would be desirable
the Legislature should adopt some such
uniform rule here." (State vs. Davis, 2
Bailey, 558-560.) But in a subsequent
case it is said: "It would be difficult, if
not impolite, to define by precise and in
flexible rules the line of separation be
tween the two classes." (White vs. Tax
Collector, 3 Rich, 136-139.) The de
cisions in the State show that no rule
has remained fixed. In the case of the
State vs. Davis, the rule stated was,
"that where there is a distinct and visi
ble admixture of negro blood, the per
son is to be denominated a mulatto, or
person of color." (2 Bailey, 558-559.)
But in the case of The State vs. Cantey,
it was said: "The condition of the in
dividual is not to be determined solely
by the distinct and visible mixture of
negro blood, but by reputation, by his
reception into society, and his having
commonly exercised the privileges of a
white man." (2 Hill, S. C, 614-616.)
And it is said that it must be "regarded
as settled, that it is not every admixture
of negro blood, however slight and re
mote that will make a person of color,
within the meaning of the law." (Id..
616; White vs. Tax Collector, 3 Rich.,
136, 140.)
But it is useless to multiply instances
or authorities. We do not think one
can be found which will countenance the
idea that any the least admixture of Af
rican blood, will preclude a person from
being considered a citizen of the United
States. Of course we cannot conjecture,
and it is a matter with which we are not
properly concerned, what rule upon the
subject the courts of the United States
niay think proper to adopt, in cases
which may hereafter present the ques
tion for their determination. We feel
entirely clear, that no restriction or lim
itation upon the meaning of the term
"citizen of the United States" supposed
to result from the decision which has
been recently made by the Supreme
Court of the United States, or from any
which maybe made, can affect, its mean
ing as used in our Constitution. There
can be no doubt that those who framed
our Constitution, had the power to con
fer the right of suffrage upon any class
or description of persons.
This is no where more fully and clearly
admitted than in the case of Dread Scott
v. Sandford. (19 How. -408) If we
were satisfied that the framers ofthe Con
stitution intended to confer the right of
suffrage upon a particular description of
persons, and, in doing so, used a phrase
in a sense, which as then understood was
sufficient for the purpose, and which is
shown to be a mistaken one only by sub
sequent research and newer light, we
would still be bound to give effect to the
sense in which the phrase was used.
The question is not, what the phrase
"citizen ofthe United States" means in
the lisrht of the decision in the case of
Dread Scott v. Sandford, but what the
framers of our Constitution intended by
the use of that phrase, and what in the
connection in which it is found, and with
the light and knowledge possessed when
it was used, it was intended to mean.
We think it entirely clear that the
phrase "citizen of the United States"
was inserted in our constitution with a
view to the exclusion of aliens, until
they should be naturalized, and thus be
come citizens of the United States. We
are confident that the phrase was used
with no reference to color, and cannot
believe that the idea was then enter
tained, that independent of the word
"white," the phrase "citizen of the
United States" would operate to exclude
any person, on account of color, from
the exercise of the elective franchise.
In truth, it seems too clear for argument
that, had the . phrase "citizen of the
United States," a then well understood
connotation or signification, that neces
sarilv carried along with it the attribute
I of whiteness of color, and much more,
of the absence of any admixture what-
! ever of blood or color, the "white" would
not have been applied as a qualification
t.n tbfi nhrase. "White male citizen of
the United States" is the language.
Now if a citizen of the United States
must necessarily be, and can only be a
! wbitft rverson. whv sav white citizen of
' the United States. The very use of the
term "white," as applied to a citizen of
! the United States, necessarily implies,
; that those who used it, supposed and
; understood, that there might be citizens
I of the United States, who were not
i white.
j It so happens, that we are not left
1 merely to presumption, that the phrase
I citizen of the United States was used by
: the framers of the Constitution in agen-
eral sense. A motion was made in the
Convention to strike out from the sec-
; tion under consideration the words
i "United States," and insert "this State;"
and, singularly enough, the danger. of
using an expression, the meaning of
which might be altered or controlled by
an authority independent of the State,
suggested itself to a member and was
expressed. (Mr. Reemelin, 2 Debates of
Convention, 9.) ' But in answer it was
said: "Who shall be considered citizens
of this Union? I take the broad but
frwtlinjl th:lt nil cll.tiiijl Kft rn
garded as citizens of the United States j
who owe allegiance to the government ofl
the Union, whether they are vested with I
the elective franchise or not." (Mr:
Taylor, Id. 9.) "American citizenship
is a generic and comprehensive term, and
much more so than the term 'subject'
under a monarchial form of government.
The term of 'a citizen of the United
States,' therefore, includes men, women,
and children every one, in short, who
can demand the official protection of the
Federal Government, or may be amena
ble for the crime of treason." (Mr.
President, Medill, Id, 9.)
.We are aware that the General As
sembly of the State by an act passed
April 2d, 1S59, has expressed a view of
the meaning of the word "white" in the
section of the Constitution regulating
the elective franchise, in conflict with
that which we have stated to be the one
intended. There are cases in which sub
sequent legislation may be properly
looked to, as reflecting light on the con
struction of former laws, though it
would not furnish a rule obligatory upon
the Courts. There are cases involving
this very question of color, in which leg
islative intent would properly be our
guide. Such was the case as to the clas
sification of youth entitled to the benefit
of the public schools, in which a major
ity of this Court held, that the legisla
ture had expressed an intention that a
classification should be made, founded as
well upon the visible admixture of col
or, and upon social intercourse, as upon
the degree of the blood of the African
race. (Vancamp vs. Board of Educa
tion of Logan .) But surely, it
cannot be claimed, and will not, at this
day, be claimed by any intelligent states
mm or lawyer, that it is within the scope
of legislative power to give to the courts
an authoritative construction of a pro
vision of the Constitution of the State.
The simple question with us, is, in what
sense the word "white" was used in the
Constitution, and that sense, when ascer
tained, we suppose to be obligatory both
upon us and the General Assembly of
the State.
The word we have shown had re
ceived, at the time ofthe adoption of the
present Constitution, a clear and settled
construction. Doubtless, this construc
tion may not have been satisfactory to
many persons, but the time and the op
oortunity, to have expressed dissatisfac
tion, were during the deliberations of
the Convention. It was entirely com
petent for the Convention to change the
construction which the Courts had given,
and, we cannot doubt, had a change been
desired or intended, it would have been
made.
In this view, it is obvious that it would
be a grave error to suppose that the
Judges of this Court, whatever might be
their individual views, have the same
right to re-examine the construction giv
en to the "white" as Judges sitting un
der the old Constitution. . Indeed, a set
tled construction, acted upon and acqui
esced in for a series of years, is unusually
obligatory upon Judges, whatever doubts
they may have of its correctness. But
whenever that construction has been
acted upon in the framing of laws, and
much more in the framing of a Consti
tution, to attempt a change might well
be regarded a mere arbitrary exercise of
power, and beyond any legitimate au
thority of Judges.
We are unanimously of the opinion
that the description of persons, of which
the plaintiff is one, were not deprived by
the present Constitution of the right to
the exercise of the elective franchise,
which they enjoyed under the construc
tion which the old Constitution had re
ceived. The plaintiff, therefore, was en
titled under the Constitution to vote at
the election, and was deprived of this
constitutional right by the act of the de
fendants. He is therefore entitled to a
judgment in his favor, against the de
fendants, under the agreed statement of
facts.
The judgment of the Court of Com
mon Pleas reversed, and judgment en
tered for the plaintiff.
i ..-1 ls
v FROM WASHINGTON.
Washington, Feb. 21, I860.
The committee on ways and mens re
ported the fortification and Indian ap
propriation bills to-day, and will com
plete others by the begining of next
week, thus clearing the calendar, pre
paratory to general legislation. Imme
diately afterward the tariff will be taken
up, with the intention of bringing for
ward a moderate and well considered bill,
founded on the best practical informa
tion, and having stability and proper
discrimination for leading ideas. The
friends of protection do no ask any ex
cessive measures, but a tariff which will
afford revenue and encourage suffering
industry.
Mr. Augustus Wattles was to-day ex
amined before the Harper's Ferry Com
mittee. Mr. W. said he did not believe
Captain Brown contemplated the in
vasion of the slave States-until after he
was driven from Kansas, and then only
as a measure of defense to Kansas. He
had no funds, and every man who ap
proved his doctrine went with him,
which was not over half a dozen from
Kansas. Mr. W. presented letters from
Brown, written in 1857, '58 and '59.
These were read and explained. One
of them requested him to see Wm.
Phillips and others, and wished them to
meet him (Brown) at Tabor, Iowa, on
very important business. He showed
the letter to Mr. Phillips, and asked
him what the meeting was tor. ittr.
Phillips replied that he did not know,
but he could not attend. No one men
tioned in the letter went to that meeting.
He also had letters from Mrs. Hinton,
of Wanisha, who was Secretary of the
Female Aid Society, of Kansas, and also
from Prof. Edward Daniels, State Geolo
gist, of Wisconsin, furnishing him with
f unds and clothing for the poor people
of Kansas, who had been robbed and
driven from the Territory in the sum
mer of 1856.
He had never received arms and am
munition from any quarter, nor supplied
them to any one. The only allusion
which Brown ever made to his invasion
of Virginia, was when he was leaving
Kansas for the last time. Mr. Wattles
being sick, Brown called to see him
when Mr. W. expressed his regret that
! he had been into Missouri and taken
slaves, and especially condemned the
killing of Cruise, .brown replied that
he was stopping at a house on the .Little
Osage, when the men went down to Fort
i Scott to liberate Ben Rice. "It chanced
j that a poor colored man came along,
! looking for some one to help him to get
j his wife and children out of slavery in
! Missouri. I told him to go home and
! prepare, and I would come for him. I
did so, and have brought eleven human
souls out of bondage, without firing a
gun or snapping a cap."
He was then told that another com
pany went to another place and brought
away four, and in doing bo had killed
one man to save their own lives. Brown
replied that he regretted it exceedingly;
jthe taking of human life was a terrible
tenable
thing, but, he continued, "I have con
sidered the matter well. You will have
no more inroads from Missouri. The
poor people of Kansas have suffered
enough; my heart bleeds for them. I
now see it my duty to draw the scene of
excitement to some other part of the
country. You may never see me again.
Farewell. God bless you," and he de
parted. To-day the Committee demanded the
attendance of Hyatt before them, but he
sent a letter declining. This will be
considered a case of contempt, and will
bring Hyatt before the Senate.
Special dispatch to the Cincinnati Gazette.
Washington, Feb. 24.
There is no change in the Printer
question. Probably the Republican cau
cus, to-morrow, will determine on a can
didate who can be elected, if the party
are united.
Haskin's Committee to investigate the
public expenditures are working vigor
ously. They start on the Public Print
ing, and will thoroughly ventilate that.
Sickles COnmleted fho nronnrient In Va
case to-day. His contestant, William
son, replies to-morrow in writing. The
Maioritv Committee hold that William.
son has not made a good case 'against
oicities.
JfcaT'Stephen Whitney, the millionaire,
who died in New York, a few days &o,
at the age of 84, began life as a poor
Connecticut boy. At his death he was
the second, or, according to other ac
counts, the third richest man in the city
in which his fortune was acquired. His
wealth is stated in one paper at two, and
in another at twelve millions, lhe dif
ference is quite material, but the true
estimate will probably be found between
these extremes.
Pngh Plied TJp!
In announcing the fact that Mr. Pugh,
of Ohio, has just" thirteen months more
of Senatorial life allowed him, the Bos
ton Traveler says he will then be "added
to the noble pile of victims offered by
the Democracy to the Dragon which
they have set up in their desire to en
graft the fetiche worship of Africa on
the institutions of America."
Sth'crtiscmcnis.
Regular Gallipolis & Parkersburg Packet.
(BUILT CXPRKSSLT FOE Till TRADE.)
The fast-running light-draught Steamer,
"J. J. CAD0T,"
S. COX, Master,
J. Morrison, Clerk,
at 8 o'clock A. M.; leave Parkersburg every Wednes
Will leave Gallinolis everv Mondnv and Thnrsrinv
day anu iMiiuruav ai o o'ciock A. Hi.
Feb. 28, IStjli. 9-tf. .
FARM FCM SALE.
THE subscriber offers his farm for sale, lying
3 miles from Racine and seven miles from
Pomeroy, containing 80 acres, 50 acres under
cultivation, has on it a good frame house, a
good barn, 200 bearing fruit trees, and is well
watered. For further information apply to
the subscriber on the premises.
Feb. 23, rt50. 9-3t B. B. GIBBS.
Probate Court.
rTUIE State of Ohio, Meigs Cocstt, ss
1 final settlement ot Accounts. JNotice is
hereby given that the accounts of the following
persons have been filed in the Probate Court
for settlement: Paul Slnhl, Adm'r of John
Wolf, dee'd, Oren Branch, Guardian of Cyrus
Russell 2u, W. u. Russell and Lorenzo A
Russell; which accounts are set for hearing and
settlement on the 21st day of March next.
ARTHUR MERRIL.
Feb'y 28, I860. 9-3t Probate Judge.
Attachment Notice.
T)EFORE P. Hugg, J. P. of Salisbury Town-
U shin, Meigs County, Ohio. 1). R. Starkey
vs. George Stivers. On the 13th day of Feb
ruary, 18G0, said Justice issued an order of
attachment in the above action for the sum of
forty-three dollars and eighty cents.
D. R. STARKEY.
Middlcport, February 20, I860. 9-3t
Cbarles Milton Giles' Estate.
NOTICE is hereby given that the subscriber
has been appointed and qualified as
Administrator on the estate of Charles Milton
Giles, late of Meigs County, deceased.
JOSEPH GILES.
Dated at Rutland, this 28th of February, 1860.
0-3t ;
John nason SIcKlnzle's K state.
NOTICE is hereby given that the subscriber
has been appointed and qualified as
Administrator on the estate of John Mason
McKinzie, late of Meigs county, dee'd.
Dated at Bashan, this 25th day of February,
1860.-9-3t JOHN GAR EN, Adm'r.
Sheriff's Sale.
Joseph Patton and Aaron Stout vs. George Stivers,
surviving partner of Jesse Stafford, dee'd.
BY virtue of two executions to me directed,
from the Court of Common Pleas of Meigs
County, Iwill offer for Bale, at the "Old Mill,"
on Lot No. 220, in Pomeroy, at 10 o'clock a. un
On the l'2th day of March, 18B0,
the following described property, to wit: one
Carding-machine and one Picker, to be sold as
the property of George Stivers, surviving
partner of Jesse Stafford, dee'd, at the suit of
Joseph Patton and Aaron Stout. Terms of sale,
cash. J. J. WHITE, S. M. C.
Feb. 23, I860. 9-2w 1.00
Sheriff's Sale.
Win. E. Shepherd vs. Moses Rutherford.
BY virtue of 4 (four) executions to me directed
from the Court of Common Pleas of Meigs
County, I will offer for sale at the door of the
Court House in Pomeroy, at 11 o'clock A. m.
On the Zst day of March, 1860,
the following described lands and tenements, to
wit: being in Columbia township, Meigs county,
Ohio, beginning at the south-west corner of
section 36; running thence east 98 rods; thence
south to the center line of said section 36; thence
north to the place of beginning, in town 9 and
range 15, Ohio Company's Purchase, supposed
to contain 100 acres, more or less, and sold as
the property of Aaron Rutherford, at the suit
of Wm. B. Shepherd, et aL i Appraised at
$1,000.00. Terms of sale, cash
J. J. WHITE, S. M. C.
Feb. 25, I860. 9-5t 3.25
horticulture.
FRUIT TREES
T. P. F o sr s &
OFFER FOR SALE SEVERAL
thousand Grafted Apple Trees,
of a suitable size for setting out this
Fall. Price. Ten Dollars per Hundred
Snlpm rTitv. Meirs County. Ohio. 6cpt,
1859. 2-37-tf
AND
FRUIT FARM,
Rutland, Meigs Co.. O.,
V. W. HUBBELL, PROP'TOR,
OFFERS for sale the foliowinp Nur
sery Stock, embraciiijr all of the
most a'pprevcd varieties ef Apples,
Dwarf and Standard Pears, Cherriws,
Plums. Gooseberries, Grapes, Strawber
ries, and the Law ton Blackberry. All of me uoove
varieties 1 will warrant true to name. Nov. 1, 5m
PEACH GROVE NURSERY!
M. W. RUTHERFORD & CO.
OFFER for sale several thousand
Budded Peach Trees, consistina: of
about one hundred varieties, succeeding
froni the middle of July to the last of
October. Persons wishing to transplant
in the bud. will do well to eet as soon
as spring opens, and those knowing that they will
want In the Fall, with one summer's gr vth, must
have the trees contracted before the middle of July
next, to be moved as soon as they will do to trans
plant in the Fall. The trees are thiifty and fine, by
Ittr the best assortment ever offered in the Western
States. Terms, reasonable and easy, to suit the
times, according to quality and quantity.
Address M . W. KUTHiSKFORD & CO.
I Jan.3 i, 186U t-6m ; Rutland, Ohio.
Son
7b
PUBLISHED BY
T. A. PLANTS & CO.
Office In first story or "Edwarhs' Buldink," iii-nr
the Snpar Run Stuna Bridge " I'oinuro) , Ohio.
All Biuinett of the Firm Tranracttd ly
1. E. MeLAl CHLIX, Business Manager,
To whom H npnlicHtions for Subscription. Adver
tising and Job Work should be inaile, at the office.
TERMS OF SUBSCKlPTtO?
In advance,: : : : : : ; i ST.50
If paid within the year, : ; ' i ' --00
If not paid within the jer, : : . r S.50
ITPXe paper will be discontinued until all arrear
agus are paid, except at the option "I the publisher
RATES OF A DVEKTISTJtG:
n.MK ----- 3w Bw
One square T.O ems. 1 (Hi I 75
Two squares. - - 3 IKI 3 55
One-fourth column S (Hi 7
One-half column - 7 .V 9 Of'
Three-fourths do., 10 00 13 (Ki
One col iimn. - - )3 00 15 00
3in
dm
I yr
ft 00
M on
3 01
5 Of.
9 IKI
i 0(
7 Of.
II Ofi
Ofil
T3 50!
19 00
15 Oil
1H 00
13 M
20 W !25 0t
15 001311 001
M 1135 0)
35 O(il40 0
lfi 00125 Of
1 w. from whirh I r. nr rnnl. will hn dedllptHri taw
advance payment.
casual sr transient advertisements must be palu
for in advance.
Auvvriisenieuis not nnvinsr tne namDirDi inser
tions marked on coby, will be continue)! until for-
THE LAW OF NEWSPAPER.
I. Subscribers who 1o not rive exnresa notice ti
lhe contrary, are considered as wishing: to continue
their subscriptions.
ii suoscnuers order the discontinuance or their
papers, the mililiehers can continue to send them un
til all arrearages are paid.
j. u sunscriners nofciect or recuse to take their pa
pers from the office to which they are direct)), they
are held responsible till they settle their bill, and or
der the paper discontinued.
4. ir any suuscrioer removes to another plaes
without informing the publisher, and their miDer lm
sent to the forwerdirection. the subscriber is held re
sponsible, i
a. tne courts have decided that refusing: to take a
newspaper from the office, or removing and leavlm;
um-aiicu mr, is priiuu mcie evidence or lnieimonsvf
fraud.
TEtEGHAPH J0B OFFICE
In connection with our Newspaper Estab
lishment, we have a complete Job Office. W
are therefore prepared to execute
FLMJ AND ORNAMENTAL JOB WORK,
Such as Posters, Programmes, Bills of Lading,
Bill Heads, Business and Visiting
Cards, Blanks, &c. at
Olt-v Prio os .
We call the special attention of this commu
nity to the above proposition, and desire an in
vestigation of our work and prices.
T. A. PLANTS St Co.
?ustn$ss Claris.
T. A. PLANTS,
Attorney and Counselor at Law, Pomeroy, O.
Office in Edward's Building.
S. A. BURNAP.
F. B. STAMBKKT.
BURNAP 4c STANBERY,
Attorneys and Counselors at Law. Particular
attention paid to the collection of claims. Of
fice on Front street, at the head of Steamboat
Landing, a few doors east of the Gibson House
Pomeroy, O. 2-38-ly
SIMPSON & IiASLEY,
Attorneys & Counselors at Law, and general
collecting agents, Pomeroy, O. Office in the
Court House. 2-5-ly.
THOMAS CARLE TON,
Attorney and Counselor at Law. Office, Linn
street, east side, two doors above T. J. Smith's
Shoe Store, opposite the "Remington House."-
All business entrusted to his care will receive
prompt attention. 1-34.
s. s. knowi.es. c. h. orosvehor.
KNOWI.ES Si GROSVE NOR,
Attorneys at Law, Athens, Athens County,
will attend the several Courts of Meigs County,
on the first day of each term. Office at the
"Gibson House." 2-16-ly
MARTIN HATS,
Attorney-at-Law, Harrison ville, Meigs Co.,
will promptly attend to all business that may
be entrusted to his care, in the several State
Courts of Ohio.and in the U. S. Court for the
Northern and Southern Districts of Ohio. 3-3
JOHN S. DAVIS,
Has his Planing Machine, on Sugar Run, Pome
roy, in good order, and constant operation.
Flooring, weather-boarding, &c, kept con
stantly on hand, to fill orders. 1-16
PETER LAMBRKCHT,
Watchmaker & Dealer in Watches, Clocks, Jew-
elry and Fancy Articles, Court street, below
the new Banking House, Pomeroy. Watches,
Clocks and Jewelry carefully repaired on short
notice. 1-1 .
IV. A. AICHER,
Watchmaker and Jeweler, and wholesale and
retail dealer in Watches, Clocks, Jewelry and
Fancy Goods, Front street, below the "Reming
ton House," Pomeroy. Particular attention
paid to repairing all articles in my line. 1-1
T. WHITESIDE, .
XT n rmfarttiivinn svf T? o on1 Glinaa i Vikas
j.Uau VUUV 1UA V 1. Ul AWta Udt k.'UUOj t, aa i JT l I !
uoors a Dove st one Driage. me Dest ot i
work, for Ladies and Gentlemen, made to order.
MeQlIGG & SMITH,
Leather Dealers and Finders, Court street, three
doors below the Bank, and opposite Branch's
Store, Pomeroy, O.
SUGAR RUN SALT COMPANY.
Salt twenty-five cents per bushel. Office near
the Furnace. 1-1 C. GRANT, Agent. .
POMEROY SALT COMPANY.,
Salt twenty-five cents per bushel. . 1-1
DABNEY SALT COMPANY,
Coalport. Salt ' twenty-five cents per bushel
for country trade. G. W. COOPER, Sec'y.
ISAAC FALLER,
Clothier, Grocer and Dry Goods Dealer, first
store above C. E. Donnally's, near the Rolling
Mill, Pomeroy, 0. Country Merchants are re
spectfully requested to call and examine my
stock of Groceries, as I am confident that I
cannot be undersold. 1-23
P. LYMAN,
Painter and Glazier, back room of P. Lam
brecht's Jewelry Store, weBt side Court street,
Pomeroy, O. 1-1
JOHN EISELSTIN, ;
Saddle, Harness and Trunk Manufac
turer, Front street, three doors below
Court, Pomeroy, will execute all work en
trusted to his care with neatness ana dispatch.
Saddles gotten up in the neatest style. 1-22
M. BLAETNER, '
Carriage & Wagon Manufacturer,
Front street, first corner below the .
Rolling Mill, Pomeroy, O. All articles in his
line of business manufactured at reasonable
rates, and they are especially recommended for
lurability. 2-6-1 y
PETER CROSBIE, ;
Wagon Maker, Mulberry street, west
side, three doors from Back street,
Pomeroy, Ohio. Manufacturer of Wagons, Bug
gics, Carriages, &c. AH orders filled on short
notice.
P. E. HUMPHREY,
Blacksmith, back of the Bank Building,
Pomeroy, O. t arming Tools, Shovel
Plows, Mattocks, Hoes, &c on hand and
made to order. Horse Shoeing and all kinds
Df Job Work done to order Jan.3. 3-1
W. R. OOLDCIC. L. S. TWXSKND.
GOLDEN fc TOWN SEND.
Attorneys at Law. W. R. Golden' s Office in
Athens, 0., and L. S. Townsend's in Pageville,
Meigs Co., O. Prompt attention given to the
sollection of claims, and other business en
trusted to them. 2-46-1 y
UNITED STATES HOTEL,
M. A. Hudson, Proprietor, (formerly occu
pied by M. A. Webster,) one square below Xizi.
the Boiling Mill, Pomeroy, O. By endeavors to
accommodate both man and beast, in the best
manner, Mr. Hudson hopes to receive a con
stantly increasing patronage. 2-5-ly
A. KOHL,
Dealer in and Manufacturer of Umbrel-
Inn. Tin holds hirnRelf in readiness to;
1 make Umbrellas to order, or repair old ,
ones in the most substantial manner He will
also buy worn-out Umbrellas at liberal prices.
Shop on Linn street, north of Smith's Shoe
Store.
He would also inform the public that he pre
pares a SALVE, which he will warrant equal
to any in use, for the cure of Felons, Catarrhs,
Burns, Bruises, Sprains, Cuts, Salt Bheum
Ring Worm. Rheumatism, White Swellings,
and many other diseases of the kind. Price,
25 cents per Box. Jan. 3, I860. 3-ltf-