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Retrospective THE ROAD TO EQUALITY AND THE PASSAGE OF THE FIRST CIVIL RIGHTS LAW IN OHIO “But every just man, jealous of his own rights, should have a heart open to feel, an ear open to hear, and an eye quick to see the invasions of the rights of others, especially of this race, long bound in the chains of slavery, and deprived of legal personality. It is for you, therefore, to consider whether there is any danger in this direction to any citizen or sojourner in Ohio, and if there be, to provide by apt legislation in advance, for prompt and severe punishment, not discriminating, however, between white and black, but furnishing the same relief against the same wrong to both.” Governor George Hoadly Inaugural Address to the Ohio General Assembly, 1884 In the summer of 1843, almost two Although the Ohio Constitution of decades prior to the start of the 1803 outlawed slavery in the state great Civil War fought by a Nation (a requirement of the Northwest Or‐ divided by the issue of slavery, Afri‐ dinance of 1787), African Americans can Americans from across Ohio still faced invidious discrimination convened for three days in the state in all facets of life, and in fact some capital. The purpose of the Conven‐ African Americans were still held as tion of Colored Persons of Ohio was slaves in southern Ohio. to address the plight of African While a growing number of African Americans and other persons of Americans moved to cities such as color throughout the state, to draw Cincinnati and Cleveland looking for attention to those laws and practices employment as factory workers or perpetuating discrimination, and to other skilled professions, they usu‐ call upon all Ohioans to end the in‐ ally ended up being employed in justices suffered by so many on ac‐ lower paying occupations. In the cit‐ count of race and color. ies, they tended to live in the same neighborhoods, due in part to dis‐ crimination, but also in part due to self‐preservation and protection from slaveholders intent on return‐ ing them to slavery. In the late 1820’s, race riots oc‐ curred in several cities, including Cincinnati where Irish immigrants were at odds with the African American community and the in‐ creased competition for employ‐ ment from African American resi‐ LEFT: An ex­slave standing at the start of the dents. In Portsmouth, the African trail used by fugitive slaves on their way American families and residents to the John Rankin House in Ripley, Ohio. were actually forced out of their homes and the community. While many African Americans left tions of African Americans, past, Ohio for new—and safer—lives in present and future, living as second Canada, many others remained. class citizens in a country founded Some even formed their own com‐ on liberty, freedom and equality. munities such as Carthagena in Mer‐ cer County (only to be driven out “The Committee appointed by a several years later). Convention of the colored people of this State . would respectfully ad­ Across the state, African Americans dress you on certain points, which were denied fundamental civil liber‐ are to them at least of the utmost ties and basic human rights. They importance. could not vote, serve on a jury, tes‐ tify against a White person or send We would briefly call your atten­ their children to public schools. In‐ tion to our condition among you; deed, in an effort to prevent African and to the unjust and impolite Americans from moving to the state, course which is pursued toward us; the Ohio General Assembly passed a a course which grants us the name law requiring African Americans to of freemen, but robs us of their at­ post bond of five hundred dollars to tributes—which endeavors to blast ensure their good conduct. our prospects, and stifle every ef­ fort which we may put forth for As a result of these and other im‐ our moral and intellectual ad­ measurable injustices endured by vancement. African Americans in Ohio, the Con‐ vention of Colored Persons of Ohio We would ask you, whether this appointed a committee to draft a course is in accordance with the statement to the people of Ohio on principles which lie at the founda­ behalf of its attendees and those tion of this government, and which whose hopes, dreams and aspira‐ you, as Americans, are bound to tions they represented. support.“ In just a few words, this committee Convention of Colored Persons conveyed with an unwavering verac‐ of Ohio Address to the Citizens ity the hopes and dreams of genera‐ of Ohio Despite the need for civil rights in Ohio and across the country at the time, little would change until the Civil War and the passage of the Thirteenth, Fourteenth and Fifteenth Amendments to the United States Constitution. Above: 127th Regiment, Ohio Volunteer Infantry. The first complete African- American regiment recruited in Ohio. Left: Poster for production of “Uncle Tom’s Cabin” in Wilmington, Ohio. Even then, commitment to the letter and spirit of these amendments was sparse, and this was as true in Ohio as any other state. Indeed, while the Ohio General Assembly easily ap‐ proved the Thirteenth Amendment, which outlawed slavery, the Fif‐ teenth Amendment and its guaran‐ tee of the right to vote for African American men passed the Ohio Sen‐ ate and Ohio House of Representa‐ tives by one and two vote margins, respectively. (It should be noted that women, regardless of race or color, still could not vote in Ohio.) The specific prohibition against race and color discrimination was set The ratification of the Fourteenth forth in Section 1: Amendment and its guarantee of equal protection under the law, how‐ A]ll persons within the jurisdic­ ever, proved more problematic. The tion of said State shall be enti­ amendment was initially ratified in tled to the full and equal enjoy­ 1867, but that action was revoked ment of the accommodations, one year later. advantages, facilities and privi­ leges of inns, public conveyances It was not until 2003, after law stu‐ on land or water, theaters and dents at the University of Cincinnati other places of public amuse­ brought this oversight to the atten‐ ment, subject only to the condi­ tion of legislators, that the Ohio Gen‐ tions and limitations established eral Assembly approved the Four‐ by law, and applicable alike to teenth Amendment. citizens of every race and color, Nevertheless, Ohio was one of the regardless of any previous con­ first states in the nation to enact a dition of servitude. civil rights law, the purpose of which The debate on the new civil rights was to protect and secure equal law was contentious, and often rights for African Americans and to times personal. Opponents of this prevent discrimination against them legislation argued that its purpose in all places of public accommoda‐ (and effect) was to confer special tion, resorts, institutions and places rights and privileges upon the Afri‐ of amusement. can Americans that were not pos‐ Introduced in the Ohio Senate by sessed and enjoyed by other citizens Senator William S. Crowell of the state. Proponents, on the (Coshocton County) on January 14, other hand, argued that this legisla‐ 1884, Senate Bill 12 was passed by tion was necessary in that the rights both the Ohio Senate and Ohio of Ohio’s African American citizens House of Representatives in a matter were flagrantly and frequently of weeks, and took effect on Febru‐ abused. ary 7, 1884. Their position was that the true pur‐ The law, however, was less than per‐ pose of this legislation was to do fect, primarily because it failed to nothing more than ensure equality fully address the societal harms and by prohibiting discrimination on the personal injustices at the time so basis of race or color, except on con‐ frequently visited upon African ditions and limitations applicable Americans. alike to all citizens. To begin with, the new civil rights One particularly contentious point law enumerated and covered few concerned the scope of the law. Dur‐ places of public accommodation— ing the debate in the Ohio House of inns, public conveyances on land and Representatives, an amendment was water, theatres and other places of offered to amend the proposed bill amusement. The new law, moreover, by making its prohibitions against provided meager—and, as would race and color discrimination appli‐ soon be obvious, unpredictable— cable to eating houses and restau‐ relief to the victims of discrimina‐ rants. tion who filed a civil action against the party who violated the law, and Those members opposed to the offered a very lenient punishment amendment argued that it was not for those persons who violated the offered in good faith, but rather law under the criminal component solely for the purpose of delay. In of the statute. On top of this, a suc‐ response, supporters of the amend‐ cessful civil lawsuit precluded a ment contended that those in oppo‐ criminal prosecution, and vice versa. sition “intended, for the purpose of deceiving the colored people, to give Suffice to say, it was evident from them the semblance but not the sub‐ the start that the new civil rights law stance of a law protecting them in all failed to take the steps necessary to their rights.” The proposed amend‐ afford African‐Americans substan‐ ment was defeated. tial protection of their civil rights, which, of course, was the goal of the After its passage, the new civil rights legislation. law was widely heralded as a step in the right direction. Less than one month after its initial passage, during the same legislative While certainly an improvement to session, Senator Crowell introduced the original enactment, at least in Senate Bill 154 to amend the new terms of the scope and coverage of civil rights law by specifically enu‐ the law, the remedy and penalty pro‐ merating other places of public ac‐ visions remained unchanged.
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