Chapter VII: Elected Governor of Ohio

_Party of State Rights--Their Convention--Platform--Nomination of
Thurman--Republican Convention and Platform--Nomination of
Hayes--Platform--Opening Speech at Lebanon--Thurman at
Waverly--National Interest aroused--Hayes Victorious--
Inaugural--First Annual Message--Second Annual Message._

The questions at issue in the great political canvass of 1867, in Ohio, were closely allied to the one whether the National Government had a constitutional right to maintain its existence. It was many years after the war of the Rebellion before the Democratic party could be induced to admit that the war had settled anything. The question of State or National supremacy or sovereignty, settled a hundred times by argument and twice by arms, was still persistently argued by them as an open question. The State Supremacy or State Rights party fought the constitution at the time of its adoption, on the ground that it established a supreme central government, and were defeated. They opposed putting down the Whisky Rebellion, in Pennsylvania, under the leadership of Jefferson and Randolph, and were outvoted in the Cabinet by Washington, Hamilton, and Knox. They forced their disintegration doctrines into the Supreme Court, and were there vanquished by the resistless logic of Chief Justice Marshall. The same old doctrine assumed the form of nullification under the teachings of Calhoun in South Carolina, and was stamped out by Jackson. It appeared again in the great debate between Hayne and Webster, and was annihilated, so far as argument can put an end to any heresy. But it reappeared in 1861, with Davis, Stephens, Lee, and Breckenridge as its most powerful advocates and exponents.

The identical questions discussed in Washington's Cabinet, when there was a Whisky Insurrection to be put down, were discussed by Lincoln and Davis, by Meade and Lee, at Gettysburg, and by Grant and Pemberton, at Vicksburg. Is a State or is the Republic supreme, has been the central question dividing parties for a hundred years. The Democracy are still talking about "sovereign and independent states," as if there were more than one sovereign State on the continent--the Republic itself.

The Democratic State Convention, which met at Columbus, January 8, 1867, forgetting that "war legislates," continued harping on the old State Rights theme. The temporary chairman of the convention, Dr. J. M. Christian, varied the monotony a little when he elegantly said: "We have come here not only to celebrate an honored day, but to nominate men of noble hearts, determined to release the State from the thralldom of niggerism, and place it under the control of the Democratic party."

Mr. George H. Pendleton, the permanent chairman, delivered a rhetorical State rights speech, in which he said: "The Democratic party has always maintained the rights of the States as essential to the maintenance of the Union."

The platform or resolutions of the convention, reported by Mr. C. L. Vallandigham, contained a great deal of the same sort of thing, supplemented with this resolution: "That the Radical majority in the so-called Congress have proved themselves to be in favor of negro suffrage by forcing it upon the people of the District of Columbia, against their almost unanimous wish, solemnly expressed at the polls; by forcing it upon the people of all the territories, and by their various devices to coerce the people of the South to adopt it; that we are opposed to negro suffrage, believing it would be productive of evil to both whites and blacks, and tend to produce a disastrous conflict of races."

The convention nominated, by acclamation, Hon. Allen G. Thurman for Governor. Judge Thurman had served one term in Congress and five years upon the Supreme Bench of the State, and was a gentleman of high personal character, and a lawyer of extended reputation and commanding abilities.

The Republican State Convention assembled at Columbus, June 19, 1867, to nominate candidates for governor, lieutenant-governor, and other State officers. The three candidates most talked of for governor were Hon. Samuel Galloway, Adjutant-General B. R. Cowen, and General Hayes, then representing the Second District in Congress. Mr. Galloway had served in Congress, had long been one of the most active members of the Republican party, and was popular because of his abilities as a stump speaker. General Cowen had devoted much time to the organization of the State in his own interest as a candidate, and was possessed of considerable managing ability. Public opinion, however, in Northern, Southern, and Western Ohio had concentrated upon General R. B. Hayes before the convention met. The times seemed to demand a military man for leader, and, in the language of the Cincinnati _Commercial_, there were "no better military records than his, if they are to be rated by brave, faithful, steadfast service." General J. D. Cox was not a candidate for re-nomination. General Hayes was the idol of the soldiers. As early as 1865, his old division, while he himself was absent on a distant field of duty, held a meeting between skirmishes with the enemy, and passed resolutions nominating him for Governor of Ohio for the canvass of that year. The soldiers went so far as to send circulars to the different counties of the State, embodying their resolutions. When General Hayes first heard of these proceedings he gave immediate and peremptory instructions to have them stopped. He forbade the use of his name in such connection, on pain of his permanent displeasure.

The Convention of June, 1867, was almost imprudently courageous in the enunciation of sound, but then unpopular, principles. It placed the Republican party "on the broad platform of impartial manhood suffrage as embodied in the proposed amendment to the State Constitution," and appealed to the "intelligence, justice, and patriotism of the people of Ohio to approve it at the ballot-box." The platform emphasized the point--always well taken--that the United States is a Nation.

On this platform General Hayes was nominated for Governor on the first ballot, receiving two hundred and eighty-six votes to two hundred and eight cast for Mr. Galloway. The nomination was accepted for him by a friend in his absence. The honor which came to him unsought was borne with the modesty of a soldier.

On the evening of the nominations, Mr. Fred. Hassaurek delivered in Columbus a very able speech in favor of manhood equality, in the course of which he said: "The men who now lead and officer the Democratic party are the most dangerous enemies of the country, of its peace, prosperity, and welfare. Let both sections of the country unite to give a final, crushing blow to the influence of Democratic leaders. Let the serpent be fully expelled from Paradise, and our country will soon be a Garden of Eden again."

General Hayes, having resigned his seat in Congress, opened the campaign of '67 in a comprehensive speech, delivered at Lebanon, August 5, aggressive in tone and full of bristling points. It was equivalent to a charge along the whole of the enemies' line--a species of tactics which he had learned the advantage of in the valley of the Shenandoah. We refer the reader to this clear, resolute, vigorous speech, reprinted in full in the Appendix, for the grounds upon which the Republican leader demanded a popular verdict against his political adversaries. The speech showed that he deserved the eulogies of the press which followed his nomination, among which were those of Colonel Donn Piatt--a judge of ability, to say the least--who had written: "The people will find his utterances full of sound thought, and his deportment modest, dignified, and unpretending.... Possessed of a high order of talent, enriched by stores of information, General Hayes is one of the few men capable of accomplishing much without any egotistical assertion of self." General James M. Comly had said: "More than four years' service in the same command gave the writer ample opportunity to know that no braver or more dashing and enterprising commander gave his services to the Republic than General Hayes. He was the idol of his command. No man of his soldiery ever doubted when he led. In principle he is as radical as we could desire. His vote has been given in Congress on every square issue for the right. He is no wabbler or time-server. He no more dodges votes than he did bullets."

Judge Thurman--now Senator A. G. Thurman--opened the campaign on the Democratic side in an elaborate speech, delivered at Waverly, August 5th, and reported in the Cincinnati _Commercial_ of August 6th. He vigorously defended the course and action of the Peace Democracy in Ohio, and assailed Mr. Lincoln and his administration with an extravagance of language that weakened the force of many of his arguments during the campaign. He intemperately asserted that there was "scarcely a provision of the Constitution" that had not been "shamelessly and needlessly trampled under foot" by "these enemies of our Government," including as "enemies" the Congress and Cabinet that supported and maintained the war for the Union. These and other unfortunate allusions, such as that to the "poison of Abolitionism," enabled General Hayes to effectively retort at Sidney, and at other points. So much of the Sidney speech as refers to Judge Thurman's Waverly speech is reproduced in our Appendix.

The contest waxed warm between these able antagonists, and the number of speeches that each delivered was only limited by his powers of physical endurance. Meetings were held night and day, from the beginning until the close of the canvass. Much more than the governorship was involved. A United States Senator, for six years, was to be chosen by the incoming Legislature. But, above all, the vital principle of manhood suffrage, and the righteousness or unrighteousness of the war to preserve the Union, were issues to be decided.

As the contest grew in magnitude it aroused a national interest. Morton, Julian, Orth, and Governor Baker came from Indiana to aid Hayes in the struggle; Shelby M. Cullom, and John A. Logan from Illinois; Schurz from Missouri; Governor Harriman from New Hampshire; Chandler from Michigan; and Gleni W. Schofield from Pennsylvania. The home talent--and no State ever had more--was in the field in force. There were men of conceded abilities, such as Aaron F. Perry, Shellabarger, Hassaurek, W. H. West, Judge Storer, and John A. Bingham, and men of reputation like Governors Cox and Dennison, Galloway, John C. Lee, and Senators Wade and Sherman, who manifested the most earnest interest in the canvass.

Judge Thurman was not so ably seconded, although Vallandigham, Pendleton, Ranney, H. J. Jewett, Durbin Ward, George W. McCook, Frank H. Hurd, and other well-known leaders contributed aid to the extent of their ability.

In this canvass General Hayes gave proofs of that boldness and moral audacity for which he is remarkable. In every community in which he went he was besought by committee-men, soldiers, and others, to say nothing about the suffrage amendment. Negro suffrage, at that time, was exceedingly unpopular. He rejected, with some feeling, these timid counsels. He maintained, everywhere, the inherent justice of equality at the polls and before the law, and insisted that the man who was willing to give up his life for the Union should have a voice in its government. By this bold course he made votes for the amendment, but lost votes for himself. The result of the campaign had this peculiar feature, that while General Hayes and the Republican State ticket were elected, the main issue of the contest was defeated by fifty thousand majority. The prejudices of a hundred years could not be removed in a hundred days. Had Judge Thurman and his aids concentrated the fire of their batteries upon the suffrage redoubt--the weak point in their adversaries' lines--they would probably have gained a sweeping victory. As it was, Thurman carried the Legislature, and secured a seat in the United States Senate. General Hayes was elected by the small majority of two thousand nine hundred and eighty-three votes, running somewhat ahead of his ticket.

He was inaugurated as Governor of Ohio, in the rotunda of the Capitol, January 13, 1868. On that occasion, in the presence of the Legislature and judicial departments of the State Government, and a large concourse of citizens, he delivered the following inaugural address:

_Gentlemen of the Senate and House of Representatives, and
Fellow-Citizens:_

The duty devolved on the governor by the constitution of
communicating by message to the General Assembly the condition of
the State, and of recommending such measures as he deems
expedient, has been performed at the present session by my
predecessor, Governor Cox, in a manner so thorough and
comprehensive that I do not feel called upon to enter upon a
discussion of questions touching the administration of the State
government.

I can think of no better reward for the faithful performance of the
duties of the office which I am about to assume than that which, I
believe, my immediate predecessor is entitled to enjoy,--the
knowledge that in the opinion of his fellow-citizens of all parties
he has, by his culture, his ability, and his integrity, honored the
office of Governor of Ohio, and that he now leaves it with a
conscience satisfied with the discharge of duty.

I congratulate the members of the General Assembly that many of the
questions which have hitherto largely engaged the attention of the
law-making power, and divided the people of the State, have, in the
progress of events, either been settled, or, in the general
judgment of the people, been transferred for investigation and
decision to the National government. The State debt, taxation, the
currency, and internal improvements, for many years furnished the
prominent topics of discussion and controversy in Ohio. In the year
1845 the State debt reached its highest point. It amounted to
$20,018,515.67, and in the same year the total taxable property of
the State was $136,142,666. With a disordered currency, with
business prostrated, with labor often insufficiently rewarded, the
burden of this debt was severely felt, and questions in regard to
it naturally entered into the partisan struggles of the time. Now
the State debt is $11,031,941.56; the taxable property of the State
amounts to $1,138,754,779; and there is no substantial difference
of opinion among the people as to the proper mode of dealing with
this subject.

State taxation was formerly the occasion of violent party contests.
Now men of all parties concur in the opinion that, as a general
rule, every citizen ought to be taxed in proportion to the actual
value of his property, without regard to the form in which he
prefers to invest it; and differences as to the measures by which
the principle is practically applied rarely enter into political
struggles in Ohio.

Party conflicts and debates as to State laws in relation to banking
and the currency constitute a large part of the political history
of the State. But the events of the last few years have convinced
those who are in favor of a paper currency that in the present
condition of the country it can best be furnished by the National
Government, either by means of National banks or in the form of
legal tender treasury notes. State legislatures are therefore
relieved from the consideration of this difficult and perplexing
subject.

Internal improvements made by State authority, so essential to
growth and prosperity in the early history of the State, no longer
require much consideration by the General Assembly. Works of a
magnitude too great to be undertaken by individual enterprise will
hereafter be, for the most part, accomplished by the government of
the Nation.

The part which patriotism required Ohio to take in the war to
suppress rebellion demanded important and frequent acts of
legislation. Fortunately the transactions of the State growing out
of the war have been, or probably can be, closed under existing
laws, with very little, if any, additional legislation.

If not mistaken as to the result of this brief reference to a few
of the principal subjects of the legislation of the past, the
present General Assembly has probably a better opportunity than any
of its predecessors to avoid the evil of too much legislation.
Excessive legislation has become a great evil, and I submit to the
judgment of the General Assembly the wisdom of avoiding it.

One important question of principle as old as our State government
still remains unsettled. All are familiar with the conflicts to
which the policy of making distinctions between citizens in civil
and political rights has given rise in Ohio. The first effort of
those who opposed this policy was to secure to all citizens
equality of civil rights. The result of the struggle that ensued is
thus given by an eminent and honored citizen of our State: "The
laws which created disabilities on the part of negroes in respect
of civil rights were repealed in the year 1849, after an obstinate
contest, quite memorable in the history of the State. Their repeal
was looked upon with great disfavor by a large portion of the
people as a dangerous innovation upon a just and well-settled
policy, and a vote in that direction consigned many members of the
legislature to the repose of private life. But I am not aware that
any evil results justified these apprehensions, or that any effort
was ever made to impose the disabilities. On the contrary, the new
policy, if I may call it so, has been found so consistent with
justice to the negroes and the interests of the whites that no
one--certainly no party--in Ohio, would be willing to abandon it."

An effort to secure to all citizens equal political rights was made
in the State constitutional convention of 1851. Only thirteen out
of one hundred and eight members in that body voted in its favor;
and it is probable that less than one-tenth of the voters of the
State would then have voted to strike the word "white" out of the
constitution.

The last General Assembly submitted to the people a proposition to
amend the State constitution so as to abolish distinctions in
political rights based upon color. The proposition contained
several clauses not pertinent to its main purpose, under which, if
adopted, it was believed by many that the number of white citizens
who would be disfranchised would be much greater than the number of
colored citizens who would be allowed the right of suffrage.
Notwithstanding the proposition was thus hampered, it received
216,987 votes, or nearly forty-five per cent of all the votes cast
in the State. This result shows great progress in public sentiment
since the adoption of the constitution of 1851, and inspires the
friends of equal political rights with a confident hope that in
1871, when the opportunity is given to the people, by the
provisions of the constitution, to call a constitutional
convention, the organic law of the State will be so amended as to
secure in Ohio to all the governed an equal voice in the
government.

But whatever reasonable doubts may be entertained as to the
probable action of the people of Ohio on the question of an
extension of the right of suffrage when a new State constitution
shall be formed, I submit with confidence that nothing has occurred
which warrants the opinion that the ratification by the last
General Assembly of the fourteenth amendment to the constitution of
the United States was not in accordance with the deliberate and
settled convictions of the people. That amendment was, after the
amplest discussion upon an issue distinctly presented, sanctioned
by a large majority of the people. If any fact exists which
justifies the belief that they now wish that the resolution should
be repealed, by which the assent of Ohio was given to that
important amendment, it has not been brought to the attention of
the public. Omitting all reference to other valuable provisions, it
may be safely said that the section which secures among all the
States of the Union equal representation in the House of
Representatives and in the electoral colleges in proportion to the
voting population, is deemed of vital importance by the people of
Ohio. Without now raising the grave question as to the right of a
State to withdraw its assent, which has been constitutionally given
to a proposed amendment of the Federal constitution, I respectfully
suggest that the attempt which is now making to withdraw the assent
of Ohio to the fourteenth amendment to the Federal constitution be
postponed until the people shall again have an opportunity to give
expression to their will. In my judgment, Ohio will never consent
that the whites of the South, a large majority of whom were lately
in rebellion, shall exercise in the government of the Nation as
much political power, man for man, as the same number of white
citizens of Ohio, and be allowed in addition thereto thirty members
of Congress and of the electoral colleges, for colored people
deprived of every political privilege.

In conclusion, I am happy to be able to adopt as my own the
sentiments so fitly expressed by the speaker of the House of
Representatives of the present General Assembly. I sincerely hope
that the legislation of the General Assembly and the administration
of the State government in all its branches may be characterized by
economy, wisdom, and prudence; that statesmanship, patriotism, and
philanthropy may be manifest in every act, and that all may be done
under the guidance of that Providence which has hitherto so
signally preserved and blessed our State and Nation.

Certain principles are laid down in this address. One is that every citizen ought to be taxed in proportion to the actual value of his property. Another is that too much legislation is an evil to be avoided. A third is that equality of civil rights justly belongs to all citizens, notwithstanding the vote at the recent election to the contrary; and a fourth, that representation according to voting population is a sound principle, and the people of Ohio must stand by the Fourteenth Amendment to the National Constitution. The Democratic legislature were endeavoring to withdraw Ohio's previous ratification. This admirable address needs no further comment.

Governor Hayes took an active part in the State canvass of 1868, being assisted by Hon. James G. Blaine, who spoke with marked effect in Columbus, October 9th.

At the session of the legislature in November, 1868, the governor delivered his first annual message.

_Fellow-citizens of the General Assembly:_

Upon your assembling to enter again upon the duty of legislating
for the welfare of the people of Ohio, the Governor is required by
the constitution to communicate to you the condition of the State,
and to recommend such measures as he shall deem expedient. The
reports of the executive officers of the State, and of the heads of
the State institutions, are required by law to be made to the
Governor on or before the 20th day of November of each year. Since
that date, sufficient time has not elapsed for the publication of
the reports, and I shall therefore not be able, at the opening of
your present session, to lay before you a detailed exposition of
the affairs of the various departments of the State government. It
will be my purpose in this communication to invite your attention
to a few brief suggestions in relation to some measures which are
deemed important, and which may be considered and acted upon, if
you think it advisable, in advance of the publication of the
official reports.

The financial affairs of the State government are in a satisfactory
condition. The balance in the treasury on the 15th of November,
1867, was $677,990.79; the receipts during the last fiscal year
were $4,347,484.82; making the total amount of funds in the
treasury, during the year, $5,025,475.61.

The disbursements during the year have been $4,455,354.86; which
sum has been paid out of the treasury from the several funds, as
follows, viz:

General revenue fund $1,518,210.35
Canal fund 14,939.39
National road fund 18,829.36
Sinking fund 1,472,226.33
Common school fund 1,426,868.80
Bank redemption fund 16.95
Soldiers' claims fund 3,781.68
Soldiers' allotment fund 482.00
Balance in treasury, November 15, 1868 570,120.75
------------
Total 5,025,475.61

The amount of the public funded debt, November
15, 1867, was $11,031,941.56

During the year, the redemptions were--
On the loan of 1860 $14,650.67
Of foreign union loan of 1868 191,166.00
Of domestic loan of 1868 136,088.13
Of loan of 1870 157,361.33
---------- 499,266.13
----------
Debt outstanding, November 15, 1868 $10,532,675.43

Small temporary appropriations are required as promptly as
practicable for each of the following objects, the existing
appropriations having been exhausted, viz: Expenses of the
Presidential election; expenses of the General Assembly, trustees
of benevolent institutions, care of state-house, gas for
state-house, expenses of legislative committees, binding for the
State, and the new idiotic asylum.

In pursuance of an act passed March 18, 1867, a board of
commissioners, consisting of Aaron F. Perry, of Hamilton county,
Charles E. Glidden, of Mahoning county, and James H. Godman,
auditor of State, was appointed by my predecessor, Governor Cox,
whose duty it was "to revise all the laws of this State relating to
the assessment and taxation of property, the collection,
safe-keeping, and disbursement of the revenues, and all the laws
constituting the financial system of the State," and to report
their proceedings to the next session of the General Assembly. The
report of the commission was laid before you at your last session.
It disclosed many imperfections and inconsistencies in the existing
legislation touching the finances and the urgent necessity for an
elaborate revision of that legislation. Their report was
accompanied by eight separate bills, consolidating the present
laws, removing contradictions, and supplying defects, but
introducing no radical change in the general principles of our
financial system. These bills have already been somewhat considered
by both branches of the General Assembly, but no definite action
upon them has yet been had. I respectfully recommend an early
consideration of the bills, and their adoption, with such
amendments as, in your judgment, the public interests may require.

The destruction of the central lunatic asylum by fire, during the
night of the 18th inst., causing the death, by suffocation, of six
of the patients, and incalculable distress and suffering to the
remainder, will require investigation and prompt action on your
part. In rebuilding the asylum, the erection of a fire-proof
building will occur to you as alike the suggestion of prudence and
humanity.

This calamity also suggests the propriety of examining the
condition of the other institutions of the State, with a view to
providing them with every proper means of security against a
similar disaster.

The interests of common school education, in my opinion, will be
promoted by the early adoption of county superintendency, as
provided in a bill on that subject now pending in one branch of the
General Assembly. I therefore earnestly recommend the consideration
and passage of the bill.

The commissioner of common schools is required, in the discharge of
his duties, to pay out each year, for traveling expenses, about
$700. The propriety of refunding to him, out of the State treasury,
his traveling expenses, will probably not be called in question.

During the last summer, a cattle disease, commonly known as the
Spanish or Texas cattle fever, occasioned much alarm in the grazing
counties of the State, and in a few localities caused serious loss.
On the recommendation of the State board of agriculture, in the
absence of effective legislation, it was deemed proper to appoint
commissioners to take such measures as the law authorized to
prevent the spread of the disease. A proclamation was issued to
prevent, as far as practicable, the introduction, movement, or
transportation of diseased cattle within the limits of the State.
The railroad companies and the owners of stock promptly complied
with the requirements referred to, and the injury sustained by the
cattle interest was happily not extensive. It is believed that,
upon investigation, it will be found necessary to confer, by law,
upon a board of commissioners appointed for that purpose, or upon
the executive committee of the State board of agriculture, power to
"stamp out" the disease wherever it appears, by destroying all
infected cattle, and to prohibit or regulate the transportation or
movement of stock within the State during the prevalence of the
disease. To the end that proper investigation may be had, I
respectfully recommend that authority be given to appoint five
commissioners to attend a meeting of commissioners of other States,
to be held for the consideration of this subject, at Springfield,
Illinois, on the 1st of December next--said commissioners to report
the results of their investigation in time for action by the
present General Assembly.

I submit to your consideration the importance of providing for a
thorough and comprehensive geological survey of the State. Many
years ago a partial survey was prosecuted under many difficulties
and embarrassments, which was fruitful of valuable results. It is,
beyond doubt, that such a work as it is now practicable to carry
out will, by making known the mining, manufacturing, and
agricultural resources of the State, lead to their development to
an extent which will, within a few years, amply reimburse the State
for its cost.

The annual report of pardons granted and the commutations of the
sentences of convicts required by law; a statement in detail of the
expenditure of the governor's contingent fund; the semi-annual
report of the commissioners of the sinking fund, for May; copies of
proclamations issued during the last year; and an acknowledgment of
the presentation to the State of several of the portraits of former
governors of Ohio, are transmitted herewith.

The most important subject of legislation which, in my judgment,
requires the attention of the General Assembly at its present
session, relates to the prevention of frauds upon the elective
franchise. Intelligent men of all parties are persuaded that at the
recent important State and National elections great abuses of the
right of suffrage were practiced. I am not prepared to admit that
the reports commonly circulated and believed in regard to such
abuses, would, so far as the elections in Ohio are concerned, be
fully sustained by a thorough investigation of the facts. But it is
not doubted that even at the elections in our own State frauds were
perpetrated to such an extent that all good citizens earnestly
desire that effective measures may be adopted by you to prevent
their repetition. No elaborate attempt to portray the consequences
of this evil is required. If it is allowed to increase, the
confidence of the people in the purity of elections will be lost,
and the exercise of the right of suffrage will be neglected. To
corrupt the ballot box is to destroy our free institutions. Let all
good citizens, therefore, unite in enacting and enforcing laws
which will secure honest elections.

I submit to your judgment the propriety of such amendments to the
election laws as will provide, first, for the representation of
minorities in the boards of the judges and clerks of the elections;
and second, for the registration of all the lawful voters in each
township, ward, and election precinct, prior to the election.

That the boards of elections ought to be so constituted that
minorities as well as majorities will have a fair representation in
them, is so plainly just that in some parts of the State, even in
times of the highest political excitement, such representation has
been obtained, in the absence of law, by arrangement between the
committees of the rival political parties. It is not probable that
any mode of selecting judges and clerks of elections can be adopted
which will, in every case, accomplish this object. But in all cases
where the strength of the minority is half, or nearly half as great
as that of the majority, the desired representation of the minority
may be insured with sufficient certainty by several different
plans. For example, it may be provided that at the election of the
three judges who are to decide all questions at the polls, each
elector may be allowed to vote for two candidates only, and that
the three candidates having the highest number of votes shall be
declared elected, and in like manner that, at the election of the
two clerks of elections, each elector may vote for one candidate
only, and that the two candidates receiving the highest number of
votes shall be declared elected.

I do not lay much stress on the particular plan here suggested, but
your attention is invited to the importance of a fair
representation of the minority in all boards of elections, not
doubting that your wisdom will be able to devise a suitable measure
to accomplish it.

All parts of the State of Ohio are now so closely connected with
each other, and with other States, by lines of railway, that great
and constantly increasing facilities are afforded for the
perpetration of the class of frauds on the elective franchise,
commonly known as "colonizing." In the cities, men called
"repeaters," it is said, are paid wages according to the number of
unlawful votes they succeed in casting at the same election.

The increase of population adds to the difficulty of detecting and
preventing fraudulent voting, in whatever mode it may be practiced.
It is manifestly impossible, amid the hurry and excitement of an
election, that the legal right to vote, of every person who may
offer his ballot, should be fully and fairly investigated and
decided. The experience of many of the older States has proved that
this can best be done at some period prior to the election, so as
to give to every legal voter, in an election precinct, an
opportunity to challenge the claim of any person whose right is
deemed questionable. Laws to accomplish this have been in force in
several other States for many years, and have been carried out
successfully and with the general approval of the people. Believing
that an act providing for the registration of all legal voters is
the most effective remedy yet devised for the prevention of frauds
on the sacred right of suffrage, and that a registry law can be so
framed that it will deprive no citizen, either native born or
naturalized, of his just rights, I respectfully recommend to your
earnest consideration the propriety of enacting such a law.

The comprehensive geological survey of the State recommended in this message was promptly brought about through the able co-operation of the Hon. Alfred E. Lee, representing Delaware county in the House of Representatives, who drew up and reported a bill on February 9, 1869, making provision for the important object in view. Through the intelligent activity of Governor Hayes and Representative Lee, the bill became a law, April 2, 1869. The thorough scientific survey of the State, since completed under the supervision of Professors Newbury, Andrews, and Orton, has been of immeasurable value in the way of developing the mineral resources of Ohio.

Governor Hayes in this message demands laws to secure honest elections, because "to corrupt the ballot-box is to destroy our free institutions." He recommends laws securing the representation of minorities on election boards, and advocates stringent registry laws.

In the second annual message, delivered at the close of his first term, which we give below, he recommends increased powers to the State board of charities; better provision for the chronic insane; the establishment of a State agricultural college; the founding of a home for soldiers' orphans, and restoring the right of suffrage to soldiers in the national asylum, to college students, and others who had been disfranchised under Democratic legislation. He urged also the ratification by Ohio of the Fifteenth Amendment. We shall speak of the gratifying result of these recommendations in our next chapter.

_Fellow-Citizens of the General Assembly:_

In obedience to the constitution, I proceed to lay before you the
condition of the affairs of the State government, and to recommend
such measures as seem to me expedient.

The balance in the State treasury on the 15th of November, 1868 was
$570,120.75; the receipts during the last fiscal year were
$4,781,614.49; making the total amount of available funds in the
treasury during the year ending November 15, 1869, $5,351,735.24.

The disbursements during the year have been $4,913,675.10, which
sum has been paid out of the treasury from the several funds as
follows, viz:

General revenue fund $1,577,221.18
Canal fund 41,783.74
National road fund 22,069.69
Sinking fund 1,775,938.52
Common school fund 1,496,633.80
Bank redemption fund 28.17
------------
Total $4,913,675.10

Leaving a balance in the treasury, November 15, 1869, of
$438,060.14.

The estimates of the auditor of State of receipts and expenditures
for the current year are as follows:

Estimated receipts from all sources, including balances $4,791,144.50
Estimated disbursements for all purposes 4,477,899.60
------------
Leaving an estimated balance in the treasury
November 15, 1870, of $313,244.90

The amount of the public funded debt of the State, November 15,
1868, was $10,532,675.43. During the last year the fund
commissioners have redeemed of the various loans $516,093.57, and
have invested in loans not yet due $160,643.59, leaving the total
debt yet to be provided for $9,855,938.27.

The whole amount of taxes, including delinquencies, collectible
under State laws during the year 1869 was $21,006,332.44. The
auditor of State reports the total amount of taxes, including
delinquencies, collectible during the current year at
$22,810,675.84, an increase of the taxes of 1870 over 1869 of
$1,804,353.40.

In 1869 there was collected for the sinking fund, to be applied to
the payment of the principal and interest of the State debt, the
sum of $1,370,101.12. In the present year there will be collected
for the same purpose the sum of $808,826.61, or $561,275.51 less
than was collected last year.

A large proportion of the taxes collected from the people are for
county, city, and other local purposes, and do not pass through the
State treasury, but are disbursed within the counties where they
are collected. During the current year the taxes, exclusive of
delinquencies, to be collected for all State purposes except for
the common school fund, amount to $2,542,025.27, while
$18,187,400.92 are to be collected for local purposes.

The foregoing statements from the report of the auditor of State
show that the taxation of this year for State purposes other than
for payments on the principal and interest of the State debt
exceeds the taxation of last year for the same purposes by the sum
of $609,601.50, and that taxation for local purposes this year
exceeds that of last year for the same purposes by the sum of
$1,695,725.38. The local taxes this year are about 44 per cent.
greater than they were three years ago, and are 10 per cent.
greater than they were last year.

The increase of taxation for State purposes is in part due to the
amount collected for the asylum building fund, which exceeds the
amount required last year for building purposes by almost $300,000.
Making due allowance for this, the important fact remains that both
State and local taxes have largely increased.

A remedy for this evil can only be had through the General
Assembly. The most important measures to prevent this rapid
increase of taxation, which have heretofore been recommended, are a
revision of the financial system of the State in accordance with
bills prepared by a board of commissioners appointed for that
purpose, in pursuance of an act passed March 18, 1867; short
sessions of the General Assembly; adequate fixed salaries for all
State, county, and municipal officers, without perquisites; and
definite and effectual limitations upon the power of county
commissioners, city councils, and other local authorities to levy
taxes and contract debts.

The constitution makes it the duty of the legislature to restrict
the powers of taxation, borrowing money, and the like, so as to
prevent their abuse. I respectfully suggest that the present laws
conferring these powers on local authorities require extensive
modification, in order to comply with this constitutional
provision. Two modes of limiting these powers have the sanction of
experience. All large expenditures should meet the approval of
those who are to bear their burden. Let all extraordinary
expenditures therefore be submitted to a vote of the people, and no
tax be levied unless approved by a majority of all the voters of
the locality to be affected by the tax, at a special election, the
number of voters to be ascertained by reference to the votes cast
at the State election next preceding such special election. Another
mode is to limit the rate of taxation which may be levied and the
amount of debt which may be incurred. It has been said that with
such restrictions upon the powers of local authorities the
legislature will be importuned and its time wasted in hearing
applications for special legislation. The ready answer to all such
applications by local authorities will be to refer them to their
own citizens for a decision of the question. The facility with
which affirmative votes can be obtained under the pressure of
temporary excitement upon propositions authorizing indebtedness may
require further restrictions upon the power to borrow money. It is
therefore suggested, for your consideration, to limit the amount of
debt for a single purpose, and the total amount for all purposes
which any local authority may contract to a certain percentage of
the taxable property of such locality.

The evils here considered are not new. Fourteen years ago Governor
Medill, in his annual message, used the following language, which
is as applicable to county and municipal affairs now as it was when
it was written: "The irresponsible and extravagant system of
administration which prevails in some of our counties and cities
furnishes the principal cause for the exactions which are so
generally complained of. There public contracts are given to
favorites, which occasion the most lavish expenditures. There also
we find officers with incomes which shock all correct ideas of
public compensation. These things have their effect upon the
general tone of public morals. County reform is a duty enjoined by
every consideration of public virtue."

The whole of this important subject is commended to your candid
consideration.

The management of the affairs of the penitentiary, during the past
year, has been good; discipline has been maintained; under kind and
judicious treatment the prisoners have been industrious and
orderly, and the pecuniary results are satisfactory. The number of
prisoners, on the 31st of October, 1869, was 974, and the number of
convicts admitted during the year ending on that day was 347. This
is a decrease compared with the preceding year, of 27 in the
number of convicts admitted, and of 67 in the number confined in
the penitentiary.

The earnings during the year ending October 31,
were $175,663.06
The expenses were 143,635.83
----------
Excess of earnings over expenditures $32,027.23

Last year the earnings were $171,037.45
The expenses were 141,794.95
----------
And the excess of earnings over expenses
were $29,242.50

A large proportion of the convicts, when admitted, are quite young.
The age of about one-third does not exceed twenty-one years. More
than two-thirds of the inmates of the prison are now under thirty
years of age. It will occur to any one who considers these facts
that, under our system of prison discipline, too little effort has
heretofore been made to reform these young men. A high authority
has said, "No human being is so debased and wicked that he can not
be reclaimed." It is believed that, under a wise system, the young,
at least, can be reformed and prepared for useful and worthy
citizenship. The present system has two capital defects--the
mingling in intimate association of the young with the hardened
criminals, and the failure to educate the convicts in habits of
thrift and self-control. The defects are in the system. The
convict, when he leaves the penitentiary, is exposed to greater
temptations than ever before, and the result of his prison life is
that he has less power to resist evil influences, and, too often,
less disposition to resist them. I do not enlarge upon the
objections to the present system; it is not claimed to be
reformatory. In a recent report, the directors said: "The great
mass of convicts still leave the penitentiary apparently as
hardened and as dangerous to the State as they were when they were
sentenced." The vital question is, how to remove this reproach on
our penal legislation. In considering it, I commend to you the
remarks of the board of State charities on the Irish convict
system. The distinguishing merit of that system is, that "it
enlists the co-operation of the prisoner in his own amendment,
without withholding from him the punishment due to his crime." If
the adoption of that system, with such modifications as our
condition requires, is deemed an experiment which it is inexpedient
for the State to try until its advantages are better understood, I
submit that the least that ought now to be attempted is to provide
for a classification of convicts, so as to separate beginners in
crime from hardened offenders. Whether this can best be done by
alterations and an extension of the present penitentiary or by the
erection of a new one, is for your wisdom to determine.

In several other States voluntary associations have been formed to
provide for, encourage, and furnish employment to discharged
convicts, and their efforts have been of incalculable benefit to
this unfortunate class. If a similar association should be formed
by the benevolent citizens of Ohio, they will reasonably expect to
receive proper assistance from the General Assembly, and in that
expectation I trust they will not be disappointed.

The total number of persons of school age in the State, in 1869,
was officially reported at 1,028,675--an increase of 11,108 over
the previous year. The total number enrolled in the public schools
in 1869 was 740,382--an increase of 8,610 over the year 1868. The
average daily attendance in the public schools in 1869 was
434,865--an increase over 1868 of 24,144.

The total taxes for schools, school buildings, and all other
purposes, the present fiscal year, is $6,578,196.83--an increase
over the taxation of the previous fiscal year of $616,795.68. Of
this increase of taxation, the sum of $17,833.86 is in the State
taxation for school purposes, and the sum of $598,991.82 is the
increase of local school taxation.

The State commissioner of common schools, in his report, will
recommend the adoption of county superintendency, the substitution
of township boards of education to provide for the present system
of township and sub-district boards, a codification of school laws
and other important measures, to which your attention is
respectfully called.

Prior to the organization of the board of state charities in 1867,
there was no provision for a systematic examination of the
benevolent and correctional institutions under the control of the
State and local authorities. The members of the board serve without
pecuniary compensation. It is simple justice to them to say that
they have faithfully performed the thankless task of investigating
and reporting the defects in the system and in the administration
of our charitable and penal laws, and have furnished in their
reports information and suggestions of great value. If it is true
that an abuse exposed is half corrected, it would be difficult to
overestimate their work. They have, their reports show, discovered
abuses and cruelties practiced, under color of law, in the midst of
communities noted for intelligence and virtue, which would disgrace
any age. Let the board be granted increased powers and facilities
for the discharge of their duties, and it will afford
security--perhaps the best attainable--to the people of the State,
that the munificent provision which the laws make for the poor and
unfortunate, will not be wasted or misapplied by the officials who
are charged with its distribution.

During the last year more than nine hundred persons, classed as
incurably insane, have been lodged in the county infirmaries, and
almost one hundred have been confined in the county jails. Besides
these a large number of the same class of unfortunates have been
taken care of by relatives or friends. The State should no longer
postpone making suitable provision for these unfortunate people.
The treatment they receive in the infirmaries and jails is always
of necessity unsuited to their condition, and is often atrocious.
To provide for them, I would not recommend an increase of the
number of asylums for the insane. It is believed by those best
acquainted with the subject, that both economy and the welfare of
the patients require that the chronic insane should be provided for
by additions to the asylums already built, or to those which are
now building. It is probable that in this way such patients can be
supported at less expense to the people of the State than in
infirmaries and jails. However this may be, their present condition
imperatively demands, and, I trust, will receive, the serious
consideration of the General Assembly. Although commonly classed as
incurable, it is quite certain that, by proper treatment, in
suitable institutions, the condition of all of them will be vastly
improved, and, it may well be hoped, that many of them can be
entirely cured.

The expediency of establishing an asylum for the cure of inebriates
has not been much considered in Ohio. The encouraging results
which are reported by the officers in charge of the State inebriate
asylum of New York, induce me to recommend that the General
Assembly provide for a full investigation of the subject.

The agricultural and mechanical college fund, created by the sale
of land-script issued to Ohio by the National government, amounted,
on the first instant, to $404,911.37-1/2. The State accepted the
grant out of which this fund has been created, February 10, 1864,
and is bound by the terms of acceptance, as modified by Congress,
to provide "not less than one college on or before July 2, 1872,
where the leading object shall be, without excluding other
scientific and classical studies, and including military tactics,
to teach such branches of learning as are related to agriculture
and the mechanic arts." The manner in which this fund shall be
disposed of has been amply considered by preceding General
Assemblies, and in the messages of my predecessors in the executive
office. I respectfully urge that such action be had as will render
this fund available for the important purposes for which it was
granted. It is not probable that further delay will furnish
additional information on any of the important questions involved
in its disposition. Much time and attention has been given to the
subject of the location of the college. No doubt it will be of
great benefit to the county in which it shall be established, but
the main object of desire with the people of the State can be
substantially accomplished at any one of the places which have been
prominently named as the site of the college. I therefore trust
that the friends of education will not allow differences upon a
question of comparatively small importance to the people at large
longer to postpone the establishment of the institution, in
compliance with the obligation of the State.

A large part of the work required to complete the "Soldiers'
Record," in pursuance of an act passed March 17, 1864, has already
been done, at an expense of about $8,000, and the propriety of
making an appropriation sufficient to enable the adjutant-general
to complete it is respectfully suggested for your consideration.

During the war for the Union, the people of this State acknowledged
their obligation to support the families of their absent soldiers,
and undertook to meet it, not as charity, but as a partial
compensation justly due for services rendered. The Nation is saved,
and the obligation to care for the orphans of the men who died to
save it still remains to be fulfilled. It is officially estimated
that three hundred soldiers' orphans, during the past year, have
been inmates of the county infirmaries of the State. It is the
uniform testimony of the directors of county infirmaries that those
institutions are wholly unfit for children; that in a majority of
cases they are sadly neglected; and that even in the best
infirmaries the children are subject to the worst moral influences.
Left by the death of their patriotic fathers in this deplorable
condition, it is the duty of the State to assume their
guardianship, and to provide support, education, and homes to all
who need them. The people of Ohio regret that this duty has been so
long neglected. I do not doubt that it will afford you great
gratification to give to this subject early and favorable
attention.

All agree that a republican government will fail, unless the purity
of elections is preserved. Convinced that great abuses of the
elective franchise can not be prevented under existing legislation,
I have heretofore recommended the enactment of a registry law, and
also of some appropriate measure to secure to the minority, as far
as practicable, a representation upon all boards of elections.
There is much opposition to the enactment of a registry law.
Without yielding my own settled convictions in favor of such a law,
I content myself, in this communication, with urging upon your
attention a measure of reform in the manner of conducting
elections, the importance and justice of which no one ventures to
deny. The conduct of the officers whose duty at elections it is to
receive and count the ballots, and to make returns of the result,
ought to be above suspicion. This can rarely be the case where they
all belong to the same political party. A fair representation of
the minority will go far, not only to prevent fraud, but, what is
almost of equal importance, remove the suspicion of fraud. I do not
express any preference for any particular plan of securing minority
representation in the boards of judges and clerks of elections.
Various modes have been suggested, and it will not be difficult to
adopt a means of attaining the desired result which will harmonize
with our system of election law.

The re-enactment of the law securing to the disabled volunteer
soldiers who are inmates of the National asylum, near Dayton, the
right of suffrage in the county and township in which said asylum
is located, which was repealed April 17, 1868, and the repeal of
the legislation of the last General Assembly, imposing special
restrictions upon the exercise of the right of suffrage by students
and by citizens having a visible admixture of African blood, are
measures so clearly demanded by impartial justice and public
sentiment that no argument in their support is deemed necessary.

I transmit herewith the report required by law of the pardons
granted during the year ending November 15, 1869, a report of the
expenditures of the Governor's contingent fund, copies of
proclamations issued during the year, and several communications
accompanying gifts to the State of portraits of former Governors.

The most important measure which it will be your duty to consider
at your present session is the proposed amendment to the
constitution of the United States. I do not feel called upon to
discuss its merits. The great body of that part of the people of
Ohio who sustain the laws for the reconstruction of the States
lately in rebellion believe that the fifteenth amendment is just
and wise. Many other citizens who would not support the amendment
if it was presented as the inauguration of a new policy, in view of
the fact that impartial suffrage is already established in the
States most largely interested in the question, now regard the
amendment as the best mode of getting rid of a controversy which
ought no longer to remain unsettled. Believing that the measure is
right, and that the people of Ohio approve it, I earnestly
recommend the ratification of the fifteenth amendment to the
constitution of the United States.