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Proquest Dissertations INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMi films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. Each original is also photographed in one exposure and is included in reduced form at the back of the book. Photographs included in the original manuscript have been reproduced xerographically in this copy. Higher quality 6” x 9” black and white photographic prints are available for any photographs or illustrations appearing in this copy for an additional charge. Contact UMI directly to order. UMI Bell & Howell Information and Learning 300 North Zeeb Road, Ann Arbor, Ml 48106-1346 USA 800-521-0600 ‘EFFUSIONS OF FOLLY AND FANATICISM:” RACE, GENDER, AND CONSTITUTION-MAKING IN O m O , 1802-1923 DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Barbara A. Terzian, M.A., J.D. ***** The Ohio State University 1999 Dissertation Committee: Approved by Professor M. Les Benedict, Advisor Professor Leila Rupp Adviser Professor Warren Van Tine History Graduate Program UMI Number: 9941445 Copyright 1999 by Terzicin, Barbara Anne All rights reserved. UMI Microform 9941445 Copyright 1999, by UMI Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. UMI 300 North Zeeb Road Ann Arbor, MI 48103 Copyright by Barbara A. Terzian 1999 ABSTRACT This dissertation argues that Ohioans used their constitutional conventions as arenas in which to contest competing visions of their community, particularly racial and gendered constructions of that community. On the simplest level, the dissertation is the story of how the words “white male” came into Ohio’s first constitution in 1802 and how, eventually, they came out. On another level, it describes what Eric Foner calls “the battles at the boundaries:” the struggle of Ohio’s Afidcan-Americans and women to break down the boundaries that excluded them from full participation in the political and civic community. The dissertation also analyzes the role of the Ohio Supreme Court in judicially defining the boundaries of the political and civic community. By construing the word “white” to mean any person with more than one-half white blood, the Court included people of color in the political community by deciding who could vote, and, in the civic community, by deciding who could attend public schools. The Court’s opinions themselves and the repeated challenges to the Court's decisions reflected that the Court did so against the wishes of many white Ohioans. For Ohio’s Afiican-American men, suffrage came with ratification of the Fifteenth Amendment. But white opposition remained long after the Fifteenth 11 amendment and the legislature's decision to eliminate separate schools. The refusal to remove the word "white" from the Ohio constitution in 1912 illustrates the persistence of a white-only vision of the community by a large segment of Ohio's white men. Ohio suffragists, although primarily white and middle-class, continued to link their own status as disfranchised citizens and the rights of African-Americans well past ratification of the Fifteenth Amendment. They sought to remove not only the word “male” but also the word “white” from Ohio’s definition of voting qualifications. Only once Ohio women could vote, as a result of the nineteenth amendment, did Ohioans change their Constitution, a symbol of the community, to reflect a community of black and white, male and female on equal terms, by removing the words “white” and “male.” Ill Dedicated to my parents, Roger and Jean Terzian and to Fred IV ACKNOWLEDGMENTS I want to thank the members of my committee, Drs. Michael Les Benedict, Leila Rupp, and Warren Van Tine. Les spent many hours thoughtfully critiquing my work. Despite his busy schedule with teaching and preparing his own scholarly work, he always made me feel that my dissertation was the most important item on his agenda during our discussions. Leila has been a tremendous role model throughout my years in graduate school, as a teacher, scholar, and human being. Warren could always be counted on to give very practical advice, helping to keep me focused on the task at hand. My heartfelt thanks to all of them. I received funding from the History Department of Ohio State University and the Ohio Bicentennial Commission for which I am grateful. On a personal note, I wish to thank graduate school friends Mike Pierce, Trish Starks, and particularly Lyn Hegarty. They made graduate school much more enjoyable, both intellectually and socially. History graduate students at Ohio State have the best graduate studies coordinator, Joby Abernathy. She helped us and, better yet, made us laugh. My former law partners, Kate Schulte, Sandy Spater, Fred Gittes, and Michael Kolman graciously gave me office space in which to finish my dissertation and I thank them for that. Thanks to Randy Price for typing assistance, Craig Wright and Jerry Friedman for reading drafts, and to Michael Van der Does and Howard Brenner for help with the maps. Particular thanks to my family, my parents, Roger and Jean, my sisters, Betty (the family historian and census consultant), Patty, Susan, and Pamela, and my niece, Jenny. Often, during the difficult periods of writing the dissertation 1 reminded myself that no matter what the outcome, my family would still love me. Thank you for making me feel that way. Finally, thanks to Fred who gave me love and support in so many ways throughout the years of graduate school. VI VITA 1972 ...................................... B.A., Math & Economics, Ohio University 1975 ......................................J.D., The Ohio State University 1991..................................... M.A., History, The Ohio State University 1991-92 ................................Graduate Teaching Assistant, The Ohio State University 1992-93 ................................ Law Clerk, The Ohio Supreme Court, Justice J. Craig Wright 1994-97 ............................... Graduate Teaching Associate, The Ohio State University 1997-98 ............................... Ohio Bicentennial Commission Fellow Publications Review of Gloria E. Myers, A Municipal Mother: Portland’s Lola Greene Baldwin, America’s First Policewoman in Law and History Review 16 (Spring 1998): 195-97. FIELDS OF STUDY Major Field: History V ll TABLE OF CONTENTS Page Abstract ................................................................................................................................ ii Dedication .............................................................................................................................. iv Acknowledgments ...................................................................................................................v V ita....................................................................................................................................... vii List of M ap s ..........................................................................................................................viii Introduction ..............................................................................................................................1 Chapters: 1. Settlement of Ohio Territory to Statehood Convention ..................................................6 2. Statehood Constitutional Convention .............................................................................53 3. A Bastion of Liberty?: African Americans’ Rights Under Ohio’s First Constitution .............................................................................91 4. “Repeal, Repeal, Repeal” ..............................................................................................137 5. “Effusions of Folly and Fanaticism” .............................................................................181 6. “Shades of Color:” White Resistance and the Court’s Interpretation of Color After 1850 ............................................................................................... 227 7. “We the People, Not We the White Male Citizens” ....................................................259 Bibliography .......................................................................................................................285 V lll LIST OF MAPS Map Page 1.1 Principle Land Subdivision and Surveys ......................................................32 1.2 Proposed Boundaries, Division Act, 1801....................................................49 2.1 Ohio County Boundary Lines in 1801 .......................................................... 55 2.2 Voting Locations in Hamilton County .........................................................
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