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Notes on the Constitutional Convention of 1802.

A motion was made to add to the seventh article of the constitution a new section, as follows:

“Section 7. No negro or mulatto shall ever be eligible to any office, civil, or military, or give their oath in any court of justice against a white person, be subject to do military duty or pay a poll tax in this state; provided always, and it is fully understood and declared, that all negroes and mulattoes, now in, or who may hereafter reside in this state, shall be entitled to all the privileges of citizens of this state, not excepted by this constitution."

This was agreed to by a vote of—yeas 19, nays 16—as follows:

Yeas-Abrams, Baldwin, Bair,' Byrd, Caldwell, Carpenter, Darlinton, Donaldson, Grubb, Humphrey. Kirker, Massie, McIntire, Milligan, Morrow, Smith, Tiffin, Woods and Worthington-19.

Nays-Abbot, Browne, Cutler, Gatch, Gilman, Goforth, Huntington, Kitchel, Paul, Putnam, Reily, Sargent, l'pdegraff, Wells and Wilson—15.

On Friday, November 26, in considering Article IV, a motion was made to strike out the provision which had been inserted on the twentysecond, giving right of suffrage to negroes and mulattoes who would prove their residence within twelve months. On this motion the yeas and nays were taken and resulted, 17 to 17. There being a tie vote, the president of the Convention (Edward Tiffin, afterward governor of the State) voted in the affirmative, and the proposition was stricken from the first constitution of the state. The change of front was brought about by the vote of the president and of the Messrs. Darlinton, Grubb and Smith, who had previously voted to add this provision to the constitution. On the other hand, Mr. Browne, who had voted against the proposition in the first instance now voted to retain it as a part of the organic law of the state. (P. 34.) Mr. Donaldson, who had opposed the proposition on the twenty-second, refrained from voting on the question as now presented.

A proposition was made to strike out the fifth section of Article IV, relating to labor on roads and its relation to an elector's qualifications, which was defeated by a vote of 13 to 21.

A provision in Article VII, Section 3, that "no new county shall be established by the legislature, which is not entitled by its numbers to a representative,” was stricken out by a vote of 22 to 12.

An effort to make the minimum number of square miles in a county five hundred instead of four hundred was defeated, i to 23.

A motion to strike out the section (7) added to Article VII on the twenty-second, in relation to the bar to negroes in office, etc., was carried by a vote of 17 to 16.

On this vote Messrs. Dunlavy (who had not voted on this proposition before), and Milligan (who had voted to incorporate it in the article),

Notes on the Constitutional Convention of 1802.

voted with the friends of the negro, and caused the amendment to be made. President Tiffin, who had voted for the incorporation of the section on the twenty-second, is not recorded on this later vote. The friends of the restriction tried to have it inserted in an amended form, but on a demand for the previous question were outgeneralled, and defeated. (P. 36.)

By a vote of 20 to 13, the convention inserted a provision in Section 2, Article VIII, prohibitng in this state the indenture of any negro or mulatto.

Early in the sitting of the convention the following message was adopted and ordered to be officially transmitted to the representatives of the United States :


The Convention of the State of Ohio, November 27, 1802, duly appreciating the importance of a free and independent state government and impressed with sentiments of gratitude to the Congress of the United States, for the prompt and decisive measures taken at their last session, to enable the people of the northwestern territory, to immerge from their colonial government, and to assume a rank among the sister states, beg leave to take the earliest opportunity of announcing to you this important event: on this occasion the Convention can not help expressing their unequivocal approbation of the measures pursued by the present administration of the general government and both Houses of Congress, in diminishing the public burthens, cultivating peace with all nations, and producing the happiness and prosperity of our country.

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Charles Dick, Republican, of Akron, was born at Akron November 3, 1858; educated in public schools; was store clerk, bank bookkeeper and teller; later grain commission merchant; served two terms as auditor, Summit County; in 1894 was admitted to Ohio bar; was long major and lieutenant-colonel of the Eighth Regiment, Ohio National Guard, being subsequently elected brigadiergeneral, and now serving as major-general; was several years member and three times chairman Republican County Executive Committee; served as chairman of Ohio Republican State Executive Committee in campaigns of 1892, 1893, 1894, 1899, 1900, 1901, 1902 and 1903; was closely associated with Senator Hanna in preliminary canvass for McKinley's nomination, serving as secretary at Chicago headquarters of the Republican National Committee during subsequent campaign; secretary Republican National Committee from March, 1897, to July, 1900; was chosen delegate to represent Nineteenth Ohio district in Republicanı National conventions of 1892 and 1896, and one of the delegates-at-large to rep. resent Ohio in the Republican National conventions of 1900 and 1904; was engaged in active service with his regiment during Spanish-American war; re. turning from Cuba, upon the death of Hon. S. A. Northway in 1898, was elected to Congress from the Nineteenth Ohio district for the short and long terms; was twice re-elected, serving in the Fifty-fifth, Fifty-sixth, Fifty-seventh and Fiftyeighth Congresses; as chairman of the Committee on the Militia and member of the Committee on Military Affairs, secured enaciment of what is known as the Dick Militia Law; is President of Interstate National Guard Association; was unanimously chosen United States Senator by the Republicans of the Seventysixth Ohio General Assembly for the short and long terms, to fill the vacancy caused by the death of Senator M. A. Hanna, February 15, 1904. Address, Akron, Ohio.

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