Ohio State journal (Columbus, Ohio : 1867 : Weekly), 1867-04-13

              I .-. 1 1 I Hi TATE COLUMBUS, OHIO: SATURDAY, APRIL 13, 1867. NO. VOL. LVI. journal. TEE VOTE UPON CONSTITUTIONAL AMENDMENTS. The Cincinnati Gazette, in an article on the passage of the suffrage amendment, slates that " it will require a majority of all the votes cast at that election for State officers to carry the amendment."" Every vote polled for the general ticket and not cast for the amendment, will count against the latter." The Gazette's statement accords with the popular notion upon the subject, but it enlarges the language, and most probably the meaning, of the constitution. The words "or State officers" are not in the constitutional provision with reference to amendments, either actually or by fair Implication The Title f the Constitution which provides for amendments, first prescribes how amendments shall be proposed to the people for their decision, and provides that the vote upon the adoptlou or rejection of the proposed amendment shall be taken at. some general election held at the stated time. The 'requirement that the vote shall be taken at a general election is perhaps a needless precaution ; Its rationale Is clear enough without statement. It was considered necessary by the framers of the Constitution ; and their particularity of detail In prescribing the mode of amending thuir works docs not stand as the sole evidence that they were inclined to consider themselves as not only framers of the Constitution, but Ugula-torti, as well. It is in this vein that they proceed, in the section under consideration, to further prescribe that "if the majority of electors voting at suclf election shall adopt such amendments, the same shall become a part of the Constitution." Now, the object of lite election, so fur as the Constitution has anything to do with it, is simply the adoption or rejection of a proposed amendment to the Constitution. The use of terms to designate the kind of election at which the question may be voted upon, seems to have misled a certain part of even lawyers so far as to induce them to'snpjiose that a majority of aU the tote cunt for State officer it such election shall be necessary, to secure the adoptlou of a constitutional amendment. But the Constitution itself, while It obscures Its own meaning by too great- particularity of 'let all, does not say anything of the kind. It has nothing to do with the vote cast for State officers, or auy thing else, except the votes cast for r against the constitutional amendment. As wc have already intimated, it mentions "Senators and Representatives," but mentions them only to say that the Amendment shall iw voted upon it n election for Senators and Representatives, and not at an elcctiou for school directors, or municipal officers only. The requirement of the Constitution, Interpreted by the proper legal Intendment of the language used, and by the rales of interpretation known to every student of law, would read simply "if the majority of electors voting upon such proposed amendment at such election shull vote to adopt such amendment, the same shall become a part of the Constitution." See Const. Art. xvi., See. I page 03 Sw. & Cr. The "prov.scd amendment'.' 1b the subject to be voted upon ; It must be voted upon "at the next election for denature and Representatives" a general flection, when the people are giving their attention to State matters ; and a majority of the votes cast upou the amendment shall be necessary to its adoption. Take the same Constitutional provision and apply It to the election of a Railroad Commissioner, Instead of the adoption of a coustitutional amendment. It would then provide that either branch of the General Assembly may propose a candidate for Railroad Commissioner; II it passes both Houses by a thruc-flfths vote, It must be published for six mouths preceding "the next election for Senators and Representatives, at which time" the candidate for Railroad Commissioner "hall be submitted to the electors for their approval or rejection, and if a majority of tu: elector rating at wh election thall adopt mich iiMlutale for lltilroad Comminsioner the tame iliall" be tMid. Now, will any one be insane enough to claim that the candidate for Railroad Commissioner In the above supposed case must receive "a majority o. all the votes cast at that election, for SiVfe officer" In order to secure his election? There is not a shyster of the Police Churls who dare risk his reputation upon such an interpretation of the laws. And yet the cases are precisely Identical. We have used the exact language of the constitution Hi its material parts, substituting ouly the change of subject. Tiik New York Tribune makes the singularly inaccuratu statement that "The Ohio 1 ".gislal ure, which not long ago refused man- d suffrage, has reversed that action, ami th brunches have passed a bill estubllshina in the State." No action orthe Legislature "Utab!lsh manhood suffrage In the Slate. take auy change or flic Cons! It ution. The Legislature may simply submit the question "f amendment to the people for their decision.Tiik Elyria Democrat says there Is not now a single Democratic lowushlp in Lorain "ounty. Two of the townships changed from Democratic to Republican at the recentelection. THE COLORED VOTERS. j THE CONSTITUTIONAL AMENDMENT. The Richmond Whig says, ' Nearly all the A reference to the legislative proceedings Virginian newspapers we see, and all the in- ( will show the passage of the proposed amend-diviiluals with whom w e converse, are of the ! inent with the rebel, disfranchising or skedad-samc mind In regard to the policy of the hnr- J die clause embodied. The result of confer-mouious cooperation of the whites aud blacks j eucc, although not such as many of the warm-at the polls." But the Whig complains bit-: est friends of the measure desired, was on the terly that while there Is much conversational j whole, highly satisfactory. Wc may now go vigor among the cavaliers, and all arc agreed to work with energy t sweep away the last us to the importance of catching the " ultria r ! anti-democratic distinction of caste from our votc," nothing of a practical nature Is being dono by the chivalry, while the crop-eared knaves of loyalists are working day and night. The hot-gospellers are even appealing to the " emotional nature " of the negro, and an enthusiasm resembling that of their peculiar religious experience is aroused." I upon the land of white men to be disfranchis-" Night utter night they have meetings and j ed, there does not seem to be anything in this musterlngs, harangues and sermons, ninjlng beyond the. reach of consolation although and nravine all looklmr to political result." And the Whig proceeds at great length iu the following fearful fashion: "These mass-meetings, committed meetings, aud meetings of the different societies, all have political slgnltleauce. It begins to bo whispered about that under the inspiration of cunning white leaders, a secret political society or league has been formed, the object of which Is to coerce the whole negro vote. This league is said to have mysteries uud penalties the one to allure, the other to frighten the colored people Into joining It. It is given out that thoso who do not join will be dealt with In some harsh aud mysterious manner, and that those who join and betray the order will be dealt with after a fearful fashion. It is said that the cunning white leaders are arranging toemploy and send tiielrageuts and emissaries through the whole State to open communication with the colored people with a view to concerted action, and that they offer good pay to the more Intelligent colored men iu tills city to go on these missions. Those who refuse to jolu the league, and those who arc disinclined to leave their business to go about on proselyting expeditions, are threatened. There is reasofi to believe that many of the better cluss of colored people who desire to cooperate with the mass of white voters and to choose their candidates from among our most respectable and cultivated citizens, arc being coerced and dragooned into this secret league." The Whig very logically concludes from all this that "if the respectable whites the cavaliers desire the coeperatlou of this new political clement, something should he doing to attract it." The Indignant Irishman, throw u out of employment by the steam engine, who Jeered at t;ic."ilue lienoive It could V. veto, was nut far out of the way, in bis estimate of the respect accorded by American society to the ilitl'erent capabilities or forces. Even grave statesmen have given themselves great uneasiness over the enfranchisement of the negro, lest it should produce a war of races. Inge nious aud impracticable schemes for separa ting the ruces have engaged the attention of men too high-toned themselves to conceive of the possibility of smoothing away all the sharp asperities of the Irrepressible conflict, and changing the tone of the superior race from loud and threatening to soft and entreating, by the simple magic of theail-potent ballot. While the impracticables have been burning the midnight oil among the owls, the men of nerve and action have made short and sharp work of it, aud have placed the ballot In the hands of the negro ; and the whole question has solved Itself. There will be no w ar of races. There Is more likely to be a war among the different parties of the white race, .to see who shall get hold of the voles of the colored breth- j ren. It Is not iu our day that the full significance and Importance of the great events transpiring in our history w ill come to be appreciated. The great democratic ideal of equality among all men Is being realized, for the first time In the world's history; and we, as a people, are so much occupied by ucw wheels in party machinery set in motion by the new force, that wc allow the great fact to pass almost without thought. It U the very turning point In the history of the nations of the earth the dawning of the day of universal liberty throughout the world; and we sit groveling over the question whether the lion. Elijah Pogram or the Hon. Montezuma Brick, of Sknuktown, shall not be made to fail of his next election to the Ohio Legislature, by reason of the enfranchisement of a race of people, and the purging out of the last impure and unwholesome "foreign body'' from the constitution of our political svstem One of the most damaging pieces of evidence glvwi to the public, iii connection with the proposed Impeachment of the President was presented lu the House last week by Oen Butler. The President pardoned 1!M desert-eis, on the express condition that they would vote, the Democratic ticket lu West Virginia. Exchange. And one of the most damaging things to General Butler's reputation for fairness and candor, in connection with anything he may say of the President, Is the fact that the 10U deserters were not pardoned until two months after the election was over. Aj.ady In Trinity Church, Richmond, Virginia, burst her waterfall and scattered Its contents over the adjacent worshippers, last Sunday. SkHATOH SlIKHMtN Is Europe. about to sail for organic law. The Enquirer has already furnished the cue to the Opposition press, by saying that the proposed amendment will disfranchise j white men, while It clothes " the nigger " with the right to voto. When one reflects this clause of the amendment will undoubted ly bear hard upon some of the Enquirer's party. All that noble an: $ of martyrs who Invaded the Queen's dom'nions upou every successive recurrence of the draft will vehemently protest against the adoption of the amendment. Every coward who ran away, every knave who jumped a bounty, every miscreant guilty of the infamy of desertion, will have much to say about this being a white man's government. As to thoso who have actually takeu up arms In rebellion, there is not In all the Democratic party within the border of the State a man who was guilty of that Indiscretion. "Moral effect" was their "best hold." They did not contract to expose their own persons. Their tongues were at the service of the South. They were ready to shed any quantity of ink. But blood, look you, Is something which is not to be parted with lightly. It is of great importance that oar friends of the local press should promptly publish the advertisement in auother column, without waiting for further directions from the Secretary of State. These directions may possibly miscarry, or arrive too late. The Secretary desires us to call itteutlon to this, and request the papers to secure the matter by giving prompt publication. It has been decided by competent legal authority that,the Constitution contemplates a weekly publication for six mouths prior to 'he elcctiou, and a publication at any time during the first week of the six months preceding the election, Is In time to fill the legal intendment. It Is not necessary that the publication should be made on or before the first day of the six months. This will enable every paper in the to lay the amend ment before Its rcadcvftin ample ilme lo comply with the constitutional requirement. And now what we need throughout the State Is organization, system and work. that the amendment wilt be adopted by the people there Is no room to doubt ; but it Is due to our noble State that the majority In Its favor shall be a large one. Let Ohio, iu this work of progress, be plueed where she was through the dark days of the rebellion in the advance. Let it be said of her, as a distinguished commander was fond of saying of a favorite command wheu sharp work was to be done, "Place Ohio iu the advance, and keep the column rioted up." The philosophical" Town Topics" of the New York Times discourses as follows : To an observer of the local columns of the Press the fact must be apparent that particular crimes have their cycles of duration, which return at almost stated Intervals. Let us illustrate by recalling the numerous suicides which have occurred withlu few weeks, the mania for which seemed to culminate In Brooklyn by the ftlo-de-te of live women within as many days, by the swal-lowlugof Paris green. This phase of crime lias given place to stabbing a (frays, which uow are the ruling criminal passion. Next week these will be supplanted, perhaps, by burglaries, uud so on through the entire catalogue of offenses. These arc curious facts, and perhaps It will not be long before the tavms may demonstrate with mathematical precision, that these crime-phases are governed by some occult, uutural or psychological law. Should the time ever come when the study of crimes shall take rank among the exact sciences, It will bring us nearer the millennium than anything else of which we can conceive. The police would then be ublc to take preventive measures against every socles of oll'euses, aud the almanacs would be able to foretell what partic ular crimes would be in the ascendant at given periods. Tiik New York Gazette says: No people in the world lake fewer precautious igiilnst loss of life than do Americans, aud no coun try exhibits such an extent of life insurance as Is seen In the United States. The Incomes of all the life policy companies lor the past year In the different States amounted to for ty-one and a half millions of dollars, and this s only the margin put upon the nine hun dred and thirty millions covered by actual )olIcl(8. At the West, where steamboat explosions, freshets and sweeping pestilence seem the normal order of things, the habit of thus securing a money profit from death Is almost universal. Tub New York Evening Gazette has the very appropriate heading "Drlvellngs from Punch," over a few specimens of lh "lean and slippered" babble of the superanuated old joker. DISFRANCHISING SOLDIERS. The Democratic press is already showing i great solicitude for the soldier, as usual on the approach of an election. These journals ! complain that a great many soldiers will be disfranchised by the Suffrage amendment, who served honorably all through the war, but left their commands and came home after the war was over, without waiting for a regular discharge, because they held that their term of service ended with the war, and they were therefore entitled to release. Now, in order that the lacerated feelings of the Democratic brethren may be healed, their attention is directed to the terms of the proposed anienduicut, by which it will appear that such persons as " deserted the military or naval servlco of said government in tinte of tear" only, "and have not subsequently been honorably discharged from the same," are to be excluded from the exercise of the elective franchise ou account of desertion. A wide distinction was made by the Arti cles of War between desertion in time of war and iu time of peace. The former was a cap ital offense, the latter punishable with the lash, under old regulations. Every deserter who would be disfranchised by the proposed constitutional amendment has already forfeited his life, by the laws of his country, aud Is already citiliter mortuu. The proposed amendment cannot add anything to his disabilities, for a dead man cannot vote, even If there were no constitutional provision to prevent It. That there is no hardship in the disfranchisement of men guilty of the infamous crime of desertion in time of war Is so obvious a proposition as to scarcely deserve the space required to mention it. Desertion uat can they mean, except that the Demo-Is a crime the most revolting to the mind of i cnitlc party the vlatc man's party, as they an honorable man in all the catalogue of crimes. It combiues the meanness of cowardice, the perfidy of perjury, the villainy of betraying comrades and leaving them in time of danger, aud the infamy of treason. It deserves a death for each component clement In its sum of Infamy. But Father Abraham was merciful, and few deserters met their deserts. The law of Ohio disfranchises every person convicted of rape, carnal knowledge of insane woman, bigamy, Incest, perjury, subornation of perjury, arson, attempt to commit arson, burglary, robbery, entering house by night or day, without breaking, and attempting to commit a felony, assault with Intent to commit murder, rae or robbery, grand larceny, stealing or destroying bank notes, Ac., receiving or buying stolen bunk bills, alsely personating anothe?, lorgcry, nililm-Ing, shooting, stabbing, receiving stoles goods or harboring thief or robber, horsestealing or receiving or coucealing stoen horse or thief, counterfeiting or disposing of counterfeit money, gliding current coin, selling or conveying land without title, administering poison, assisting prisoner to escape, violation of election law, &., &c, &o. Tet not oneof these crimes is equal In magnitude to the crime of desertion, or so despicable in character. L'-t the Democratic press confine Itself to the more profitable business of appealing to its own party against the skedaddle clause. No true soldier no man who ever was a true soldier can be moved by appeals In fa vor of deserters In time of war. The Atlanta Era sfvys General Pope nr- rlved Iu tint city Sunday afternoon by social twin. He was received and welcomed at the depot by a committee of citizens, and escorted to the hotel, where a suite oi room3 had been prepared for him, and where he was elegantly entertained. The Era says, in that connection : "If wc understand the Intent of the reconstruction legislation bf Congress, and especially the Intent of the Sherman bill, It is that tho now excluded States shall be restored to all their rights and privileges in the Union at the earliest day possible. Wc perceive nothing In any of these measures to prevent a complete restoration, and a happy re-unlon before December. If wc are correct, what Is there to prevent the registration, as soon as Gen. Pope shall have assumed comma'id, of qualified voters? With this view of the 'aw, and the District Commander's authority under it, we would suggest, very respectfully, that tho registration be commenced as soon as practicable, that the ends contemplated by Congress an early anil permanent reconstruction may be accomplished with the least possible delay.' Tiik Wooster Republican announces, on the authority of the Army and Navy Journal, that Caiit. Charles Hay, late of the 5lh U. S. Volunteers, has received the appointment of Second Lieutenant in the (!th U.S. Infantry, his comml-siiin dating buck to 83d January, Ih07, to llll an original vacancy In the Kegu-Lir Army. The Republican proceeds to say that '"Capt. Hay served the Government in a highly creditable manner throughout the war, frequently holding positions of great re sponsibility and trust, and never failing to do his duty in the most honorable and satis factory manner." Wo desire to add that Capt. May served three years In the 3!ld Ohio Vols., most of the time on non-commissloiie staff. While serving lu this cupaclty, In a highly creditable manner, ho was called be fore Casey's Hoard, where he passed an examination, In the highest grade, for Captain. Long life, ami more bars to hlsstrapsl THE WORD WHITE. Tlio Democratic mind has drawn comfort, for years, from the reflection that there was one class of human beings inferior to Demo- crats, In at least one particular the nigger could not vole. The frantic condition of the party as "the last link is broken which bound" the colored person to this lower deep, is something awful to look upon. The colored man has been shut out from our schools ; in some States it has been made, a Penitentiary offense to teach him even to read the word of God ; he has been taxed for tho support of a government which not only gave him no protection, but gave all its power to his oppression ; he has for ages been shut out from all advantages of whatever kind, political, civil, or social; the higher walks of skilled labor, the professions and the arts have been closed to him ; every effort that Ingenuity could devise has been made to degrade him, besot his mind with ignorance, and Imbrute him ; yet the moment an effort Is made to place In his hands the ballot, with which to prevent himself from being misgoverned, the Democratic party raises the shout "The Radicals in favor of Negro Suffrage! A Nigger better than n White Man 1 Our Daughters to marry Nigger Husbands !" (We would willingly leave such Billingsgate to the privacy of the Democratic journals, but even dirt must sometimes be shoveled out of tho way, lu the work of progress.) Now, what do all these cries of the Democratic party mean, If they are not a confession of inferiority to the colored race, measuring man by man, as God created men? arc fond of calling it fostered by power, and education (to a limited cxtent),and prejudice, and sustained by ull the influences of casto and pride of race, is afraid to come In com- petition, on fair and equal terms, with the lowly and oppressed race which has been grouud down by centuries of oppression to the level of personal property ? If the mere right to vote is sulllciciit to raise a negro above the level of a Democrat, and endanger the celibacy of Democratic maidens, is It not sufficient proof that wc have tarried too long In gifting a race of such noble capacity with the elective franchise? If the negro, disfranchised, uneducated, despised for generations, can by this simple expedient be raised to the pinnacle of superiority to the noble Caucasian, the favorite of government, educated at the. expense of the poo ,,!!, and Idolized 'by all, floes R not show culpable Injustice and Impolicy In any government, to keep such a people down another day V We are discussing this question now from tho Democratic sGind-point. We believe iu our inmost soul that the white man is Lin: equal of the colored man, and able to compete with hlin successfully ou equal ground. We deny that the giving of the elective franchise to the negro will make him " better " than the white man. We feel willing to trust any of our femalo friends to decide tho question for themselves whether they will marry colored men or not. We have no fears that the foundations of society will be broken up, or our political system suffer it shock, or anything except tho Democratic party be destroyed, by placing colored men upon a political equality with other men. Tim Washington special of The Cincinnati Enquirer says with reference to the resolution of expulsion of Senator Saulsbury Intro duced lu the beuute by ijr, Sumner: "Mr. Saulsbury was very troublesome during tho session of yesterday, and, as Senators allege, was so Intoxicated as to be almost helpless. lie was notified that If he appeared lu the; Senate Chamber In that coudltlou to-day, it esolutlon to expel him would be Introduced. He did appear In that condition 'this afternoon, and the resolution was introduced. An flbrt is made to-night, which will probably prove successlul, to have the resolution with drawn and put the Senator on a probation." The spirit of this statement Is more iu accordance with decency and propriety than that of some others of the Democratic Journals, which have raised a howl of "persecution," been use Saulsbury is to be prevented from making a pot-house of the Senate. Chamber. Tub Alliance (Stark Co.) Monitor says : On Monday last, for the first time In many years, the Union men of Knox township achieved n glorious victory, electing their entire ticket by a handsome majority. Every effort was made by the Democrats to carry the township, but tho Union men were deter mined that the stigma of Copperhead ruin should no longer attach to them, and they went tn work In earnest, with the result above stated. llEt.P foh tiik Sol in. The New Y'ork Evening Gazette says: " Wc learn that Mr. James Gordon Bennett and Mr. Lorlllard have sent orders to Europe to have their yachts returned to this country Immediately, when It Is their Intention to fill them with corn and oilier food for the starving people lu the South, and at once set sail from this port for Southern waters." Tub Boston Transcript thinks that the World's account of New York thieves wa Incomplete because U omitted the Common Coiinciliueu.