3. DENIAL OF THE RIGHT OF PETITION.

We explicitly disclaim all intention to imply that the several

disabilities and cruelties we are specifying are of universal

application. The laws of some States in relation to people of color

are more wicked than others; and the spirit of persecution is not in

every place equally active and malignant. In none of the free States

have these people so many grievances to complain of as in Ohio, and

for the honor of our country we rejoice to add, that in no other

State in the Union, has their right to petition for a redress of

their grievances been denied.

On the 14th January, 1839, a petition for relief from certain legal

disabilities, from colored inhabitants of Ohio, was presented to the

_popular_ branch of the legislature, and its rejection was moved

by George H. Flood.[101] This rejection was not a denial of the prayer,

but an _expulsion of the petition itself_, as an intruder into the

house. "The question presented for our decision," said one of the

members, "is simply this--Shall human beings, who are bound by every

enactment upon our statute book, be _permitted_ to _request_ the

legislature to modify or soften the laws under which they live?" To

the Grand Sultan, crowded with petitions as he traverses the streets

of Constantinople, such a question would seem most strange; but

American democrats can exert a tyranny over _men who have no votes_,

utterly unknown to Turkish despotism. Mr. Flood's motion was lost by

a majority of only _four_ votes; but this triumph of humanity and

republicanism was as transient as it was meagre. The _next_ day, the

House, by a large majority, resolved: "That the blacks and mulattoes

who may be residents within this State, have no constitutional right

to present their petitions to the General Assembly for any purpose

whatsoever, and that any reception of such petitions on the part of

the General Assembly is a mere act of privilege or policy, and not

imposed by any expressed or implied power of the Constitution."

[Footnote 101: It is sometimes interesting to preserve the names of

individuals who have perpetrated bold and unusual enormities.]

The phraseology of this resolution is as clumsy as its assertions are

base and sophistical. The meaning intended to be expressed is simply,

that the Constitution of Ohio, neither in terms nor by implication,

confers on such residents as are negroes or mulattoes, any right

to offer a petition to the legislature for any object whatever; nor

imposes on that body any obligation to notice such a petition; and

whatever attention it may please to bestow upon it, ought to be

regarded as an act not of duty, but merely of favor or expediency.

Hence it is obvious, that the _principle_ on which the resolution is

founded is, that the reciprocal right and duty of offering and

hearing petitions _rest solely on constitutional enactment_, and not

on moral obligation. The reception of negro petitions is declared

to be a mere act of _privilege or policy_. Now it is difficult to

imagine a principle more utterly subversive of all the duties of

rulers, the rights of citizens, and the charities of private life.

The victim of oppression or fraud has no _right_ to appeal to the

constituted authorities for redress; nor are those authorities under

any obligation to consider the appeal--the needy and unfortunate

have no right to implore the assistance of their more fortunate

neighbors: and all are at liberty to turn a deaf ear to the cry of

distress. The eternal and immutable principles of justice and

humanity, proclaimed by Jehovah, and impressed by him on the

conscience of man, have no binding force on the legislature of Ohio,

unless expressly adopted and enforced by the State Constitution!

But as the legislature has thought proper thus to set at defiance the

moral sense of mankind, and to take refuge behind the enactments of

the Constitution, let us try the strength of their entrenchments. The

words of the Constitution, which it is pretended sanction the

resolution we are considering are the following, viz.--"The _people_

have a right to assemble together in a peaceable manner to consult

for their common good, to _instruct their representatives_, and to

apply to the legislature for a redress of grievances." It is obvious

that this clause confers no rights, but is merely declaratory of

existing rights. Still, as the right of the people to apply for a

redress of grievances is coupled with the right of _instructing

their representatives_, and as negroes are not electors and

consequently are without representatives, it is inferred that they

are not part of _the people_. That Ohio legislators are not

Christians would be a more rational conclusion. One of the members

avowed his opinion that "none but voters had a right to petition." If

then, according to the principle of the resolution, the Constitution

of Ohio denies the right of petition to all but electors, let us

consider the practical results of such a denial. In the first place,

every female in the State is placed under the same disability with

"blacks and mulattoes." No wife has a right to ask for a divorce--no

daughter may plead for a father's life. Next, no man under

twenty-one years--no citizen of any age, who from want of sufficient

residence, or other qualification, is not entitled to vote--no

individual among the tens of thousands of aliens in the

State--however oppressed and wronged by official tyranny or

corruption, has a right to seek redress from the representatives of

the people, and should he presume to do so, may be told, that, like

"blacks and mulattoes," he "has no constitutional right to present

his petition to the General Assembly for any purpose whatever."

Again--the State of Ohio is deeply indebted to the citizens of other

States, and also to the subjects of Great Britain for money borrowed

to construct her canals. Should any of these creditors lose their

certificates of debt, and ask for their renewal; or should their

interest be withheld, or paid in depreciated currency, and were they

to ask for justice at the hands of the legislature, they might be

told, that any attention paid to their request must be regarded as a

"mere act of privilege or policy, and not imposed by any expressed

or implied power of the Constitution," for, not being voters, they

stood on the same ground as "blacks and mulattoes." Such is the

folly and wickedness in which prejudice against color has involved

the legislators of a republican and professedly Christian State in

the nineteenth century.

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