Chapter VIII: Second Election as Governor
_Re-nomination--Democratic Platform--Nomination of
Rosecrans--Declines--Pendleton Nominated--Hayes at
Wilmington--Election--Second Inaugural--Civil Service Reform--Short
Addresses--Letters--Annual Message--Democratic Estimate of
it--Davidson Fountain Address--Message of_ 1872--_Work
Accomplished._
The State Convention of the Republican party of Ohio, which met at Columbus, June 23, 1869, nominated Governor Hayes for a second term by acclamation.
So acceptable was his two years' administration of the chief executive office of the State, that no competitor entered the lists against him or contended with him for the nomination. On the question of his re-nomination the unanimity in his party was absolute. He appeared before the convention, in response to its invitation, and delivered the speech printed in the Appendix to this volume, which sounded the key-note of the campaign. We ask the reader to turn, at this point, to this speech, as it is impossible to epitomize it without filling as much space as is filled by the speech itself. The well-founded and well-supported charges he made against the Democratic Legislature of the State brought upon him the savage strictures of the Democratic partisan press, showing that he had penetrated the weak point in his adversaries' somewhat defenseless defenses.
The Republican platform condemned the reckless expenditures of the Legislature, its efforts to disfranchise soldiers, students, and all having African blood in their veins, and squarely declared for the ratification of the fifteenth amendment.
The Democratic Convention, which assembled July 7, 1869, denounced the fifteenth amendment, and had much to say about the reserved rights of the States. The platform contained these resolutions, which sound, at this day, like an inscription from the tombs of the Ptolemys:
"_Resolved_, That the exemption from tax of over $2,500,000,000 in
government bonds and securities is unjust to the people and ought
not to be tolerated; and that we are opposed to any appropriation
for the payment of interest on the bonds until they are made
subject to taxation.
"_Resolved_, That the claims of the bondholders, that the bonds
which were bought with greenbacks, and the principal of which is by
law payable in currency, should nevertheless be paid in gold, is
unjust and extortionate; and, if persisted in, will inevitably
force upon the people the question of repudiation."
Here we have the bald proposition to repudiate the interest on the public debt unless it is taxed contrary to law, as made known by repeated decisions of the Supreme Court of the United States; and secondly, the direct threat to repudiate the principal of the National debt unless it is paid off in broken promises to pay. As the greenback is simply a debt or a due bill, this paying debts with debts was a patentable discovery in the science of finance. Taken in connection with the declaration of Vallandigham in the canvass before, that the whole bonded debt should be immediately "paid" in greenbacks, the resolution simply meant that the war debt should not be paid at all. This robbing the men whose money saved the Republic was not acceptable then to the farmers and laborers of Ohio, and will probably not now be more acceptable to the capitalists of New York. It is well, however, to recall the antecedents of a party that first tried to get into power through discreditable expedients, before resorting to a declaration of honest principles in finance.
The convention took a "new departure," and, putting aside Ranney and Pendleton, nominated General W. S. Rosecrans for governor, who was then absent from the country. This nomination was mainly brought about through the zealous efforts of Messrs. Vallandigham, Callen, and Baber.
The opinions General Rosecrans entertained of his new-found friends were not favorable. In a letter dated February 3, 1863, from Murfreesboro, Tennessee, General Rosecrans, in speaking of the slave-holding insurgents, had used this language:
"Wherever they have the power they drive before them into their
ranks the Southern people, and they would also drive us. Trust them
not. Were they able they would invade and destroy us without mercy.
Absolutely assured of these things, I am amazed that any one could
think of 'peace on any terms.'
"He who entertains the sentiment is fit only to be a slave; he who
utters it at this time is, moreover, a traitor to his country, who
deserves the scorn and contempt of all honorable men."
Rosecrans declined the nomination, and George H. Pendleton, after just enough hesitation to impart a proper value to his consent, consented to fill the vacant place at the head of the ticket.
Governor Hayes, aided by Senator Morton, opened the active campaign in a speech delivered at Wilmington, August 12, devoted mainly to the discussion of National and State finances. In the course of this speech Governor Hayes said:
"When the rebellion broke out, what was its chance for success? It
had just one--a divided North. A divided North was its only chance.
A united North was bound to crush the rebellion within two years
after the firing on Sumter. A divided North encouraged the
aristocratic enemies of free government in every land to build
Alabamas and Shenandoahs that scourged the seas and swept away our
commerce from the ocean. A divided North encouraged the Emperor of
France to proclaim to everybody that sooner or later he proposed to
intervene. A divided North encouraged rebel leaders to believe that
sooner or later our armies must disband and come home.
"Now, I say to you that Pendleton was the selected and chosen
leader of the Peace Party of the Northwest--the leader of the party
that _made_ a divided North. They talk of the debt and the great
burden of taxation. We talked sadly of the loss of valuable lives
that went down in the storm of battle. I say to you that the fact
of a divided North doubled the debt and doubled the loss of
valuable lives."
The campaign was an important one to Mr. Pendleton. Had he been successful he would undoubtedly have been the Democratic candidate for the presidency. A leading journal of the State said: "The gubernatorial contest is but a side-show. We are already entering upon the next presidential canvass, and Ohio is the key to the position." Nevertheless, Republican success was too certain to make the contest so warm a one as that of two years before. The State had been organized by townships and school districts and polled. So accurate was this poll that predictions as to the result, sealed and filed a week prior to the election by each of the members of the Republican State Executive Committee, the writer being one, varied only from two hundred to three thousand votes of the final result. Hayes' majority in '69 was 7,506--a little above the average majority. The canvass was fought largely upon the issue of the greenback payment of the debt. The Pendleton plan of indirect repudiation failed, and the rag infant was decently interred, to await an inglorious resurrection.
Governor Hayes was re-inaugurated January 10, 1870, on which occasion he delivered the following address:
_Gentlemen of the Senate and House of Representatives:_
In the annual message transmitted to the General Assembly a few
days ago, a brief exposition of the condition of the State
government was given, and such measures were recommended as the
public good seemed to me to require. It will therefore not be
expected that on this occasion I should again discuss subjects
pertaining to the usual routine of legislation.
The most important questions concerning State affairs which in the
ordinary course of events will engage the attention of the people
of Ohio, during the term of office upon which I now enter, are
those which relate to the action of a Constitutional Convention
authorized to be called by a vote of the people at the October
election in 1871. The present organic law provides for submitting
to the electors of the State, once in twenty years, the question of
holding "a convention to revise, alter, or amend the constitution."
It is no disparagement of the work of the last Constitutional
Convention to say that experience has already demonstrated the
wisdom of this provision. It would be strange, indeed, if the last
eighteen years had developed no defects in the constitution of
1851.
It is, perhaps, not improper at this time to call attention to some
of the amendments of the existing fundamental law which the next
Constitutional Convention will probably be required to consider.
The provision of the present constitution which prohibits the
General Assembly from authorizing "any county, city, town, or
township, by vote of its citizens or otherwise," from giving aid to
any "company, corporation, or association," was designed to remedy
an evil of the gravest magnitude. Unlimited power to authorize
counties, cities, and towns to subscribe to the stock of railroad
companies had burdened the people of the State with indebtedness
and taxation to an extent which threatened bankruptcy. Experience
has shown, however, that the clauses of the constitution on this
subject are so sweeping that they are almost equivalent to a
prohibition of the construction of railroads, except where those
who control the existing railroad lines furnish the means. In many
localities, the people are thus deprived of the only artificial
instrumentality for intercourse with other parts of the State and
country which is now regarded as valuable. By reason of it,
important sources of wealth in large sections of the State remain
undeveloped. It is believed that amendments can be framed, under
which effective local aid can be furnished for the building of
railroads, and which, at the same time, shall be so guarded and
limited as to prevent a dangerous abuse of the power.
For many years political influence and political services have been
essential qualifications for employment in the civil service,
whether State or National. As a general rule, such employments are
regarded as terminating with the defeat of the political party
under which they began. All political parties have adopted this
rule. In many offices the highest qualifications are only obtained
by experience. Such are the positions of the warden of the
penitentiary and his subordinates, and the superintendents of
asylums and reformatories and their assistants. But the rule is
applied to these as well as to other offices and employments. A
change in the political character of the executive and legislative
branches of the government is followed by a change of the officers
and employs in all of the departments and institutions of the
State. Efficiency and fidelity to duty do not prolong the
employment; unfitness and neglect of duty do not always shorten it.
The evils of this system in State affairs are, perhaps, of small
moment compared with those which prevail under the same system in
the transaction of the business of the National government. But at
no distant day they are likely to become serious, even in the
administration of State affairs. The number of persons employed in
the various offices and institutions of the State must increase,
under the most economical management, in equal ratio with the
growth of our population and business.
A radical reform in the civil service of the general government has
been proposed. The plan is to make qualifications, and not
political services and influence, the chief test in determining
appointments, and to give subordinates in the civil service the
same permanency of place which is enjoyed by officers of the army
and navy. The introduction of this reform will be attended with
some difficulties. But in revising our State constitution, if this
object is kept constantly in view, there is little reason to doubt
that it can be successfully accomplished.
Our judicial system is plainly inadequate to the wants of the
people of the State. Extensive alterations of existing provisions
must be made. The suggestions I desire to present in this
connection are as to the manner of selecting judges, their terms of
office, and their salaries. It is fortunately true that the judges
of our courts have heretofore been, for the most part, lawyers of
learning, ability, and integrity. But it must be remembered that
the tremendous events and the wonderful progress of the last few
years are working great changes in the condition of our society.
Hitherto population has been sparse, property not unequally
distributed, and the bad elements which so frequently control large
cities have been almost unknown in our State. But with a dense
population crowding into towns and cities, with vast wealth
accumulating in the hands of a few persons or corporations, it is
to be apprehended that the time is coming when judges elected by
popular vote, for short official terms, and poorly paid, will not
possess the independence required to protect individual rights.
Under the National constitution, judges are nominated by the
executive and confirmed by the Senate, and hold office during good
behavior. It is worthy of consideration whether a return to the
system established by the fathers is not the dictate of the highest
prudence. I believe that a system under which judges are so
appointed, for long terms and with adequate salaries, will afford
to the citizen the amplest possible security that impartial justice
will be administered by an independent judiciary.
I forbear to consider further at this time the interesting
questions which will arise in the revision and amendment of the
constitution. Convinced of the soundness of the maxim that "that
government is best which governs least," I would resist the
tendency common to all systems to enlarge the functions of
government. The law should touch the rights, the business, and the
feelings of the citizen at as few points as is consistent with the
preservation of order and the maintenance of justice. If every
department of government is kept within its own sphere, and every
officer performs faithfully his own duty without magnifying his
office, harmony, efficiency, and economy will prevail.
Under the providence of God, the people of this State have greatly
prospered. But in their prosperity they can not forget "him who
hath borne the battle, nor his widow, nor his orphan," nor the
thousands of other sufferers in our midst, who are entitled to
sympathy and relief. They are to be found in our hospitals, our
infirmaries, our asylums, our prisons, and in the abodes of the
unfortunate and the erring. The Founder of our religion, whose
spirit should pervade our laws, and animate those who enact and
those who enforce them, by His teaching and His example, has
admonished us to deal with all the victims of adversity as the
children of our common Father. With this duty performed, we may
confidently hope that for long ages to come our country will
continue to be the home of freedom and the refuge of the oppressed.
Grateful to the people of Ohio for the honors they have conferred,
I approach a second term in the executive office, deeply solicitous
to discharge, as far as in me lies, the obligations and duties
which their partial judgment has imposed.
The most striking part of the address is that which relates to reform in the civil service of the State and the Nation. Governor Hayes proposes to reform the civil service of the State _by means of a constitutional provision in a new State constitution_. This method of reformation is radical, and, we believe, original. It suggests the pertinent query, whether reform in the civil service of the Nation can not be best accomplished through a new provision in the National constitution. Can permanency and stability be secured in the civil service of the Republic in any other certain way than by a constitutional amendment? Civil service reformers need hardly waste their time discussing methods and systems less radical and fundamental. It must be recorded to the honor of Governor Hayes that he, more than six years ago, suggested the only true solution to the civil service problem, by proposing to place that service beyond disturbance from the fluctuating fortunes of political parties. He has, therefore, been an advanced civil service reformer more than the sixteenth of a century; not, like Mr. Tilden, for six months prior to a presidential election.
In December, 1869, he wrote to a friend in Congress: "We must have a genuine retrenchment and economy. The monthly reduction of the debt is of far more consequence than the reduction of taxation in any form. I hope, too, you will abolish the franking privilege and adopt the general principles of Trumbull's bill and Jencke's bill. It would please the people and be right and wise."
It is hardly needful to add that the bills referred to were the best civil service bills then before Congress.
In this same address, the governor boldly declares against the heresy of an elective judiciary, and favors the system established by Madison, Hamilton, and Washington, which has given us a Jay, a Story, and a Marshall.
During the occupancy of his office as executive of the State, Governor Hayes, on a vast variety of occasions, was called upon to deliver speeches and addresses on all classes of subjects. These efforts are all admirable in their way, and give evidences of fine literary taste, great good judgment, and what Dickens called "a sense of the proprieties."
We can find space for portions only of a few of these addresses. In an address of welcome on the occasion of the great exposition of textile fabrics, held in Cincinnati, in August, 1869, the governor of Ohio said:
"We meet at a most auspicious period in our country's history. Our
greeting and welcome to citizens of other States are 'without any
mental reservation whatever.' It is plain that we are entering upon
an era of good feeling, not known before in the life-time of the
present generation. For almost half a century the great sectional
bitterness which is now so rapidly and so happily disappearing, and
which we know can never be revived, carried discord, division, and
weakness into every enterprise requiring the united efforts of
citizens of different States. Now the causes of strife have been
swept away, and their last vestiges will soon be buried out of
sight. Good men will no longer waste their strength in mutual
crimination or recrimination about the past. The people of
different sections of our country will hereafter be able to act,
not merely with intelligence and energy, but with entire harmony
and unity; in any enterprise which promises an increase of human
welfare and human happiness.
"This association, then, is working in perfect accord with the
spirit of the times. The development of new resources, the opening
of new paths to skill and labor, the discovery of new methods, the
invention of new machinery and implements, and the employment of
capital in new and useful pursuits--these are the objects which
associations like this aim to accomplish. All who encourage these
things, and who desire to aid in such achievements, deserve a
hearty welcome wherever they may go, and will, I assure you, always
find it, as you do now, in the State of Ohio."
Soon after the death of Secretary Stanton, and near the beginning of the governor's second term, a meeting of members of the Ohio bar was held in the room of the Supreme Court of Ohio, to take action with reference to the loss of their former associate and friend. On this occasion Governor Hayes said:
"I shall not undertake to describe the life and character and
services of Mr. Stanton. Few men--very few men--ever possessed such
learning, such intellect, such energy, such courage, such will,
such honesty, such patriotism, in one word, such manhood, as
belonged to him. All of his great powers and qualities he gave to
the performance of duty, and with them he gave also life itself.
"Our profession rejoices that Mr. Stanton was an eminent lawyer.
Our State rejoices that he was her great son. Our country and our
age may well rejoice that he lived in this age and in this country.
The members of our profession, the people of our State and of the
Nation, and all mankind do honor to themselves in striving to do
honor to the memory of such a man as Edwin M. Stanton."
It can be readily understood why a robust, positive, hard-fighting soldier like Hayes, should so ardently give his admiration to a firm-sinewed, iron-nerved, masculine man like the great minister of war.
On the 13th of April, 1870, the colored people of Central Ohio celebrated the adoption of the Fifteenth Amendment at an immense meeting held in the opera house in Columbus. Governor Hayes, as their chosen orator, delivered the following brief address, which seems the inspiration of one who has the logic of history in his head and humanity in his heart:
FELLOW-CITIZENS:--We celebrate to-night the final triumph of a
righteous cause after a long, eventful, memorable struggle. The
conflict which Mr. Seward pronounced "irrepressible" at last is
ended. The house which was divided against itself, and which,
therefore, according to Mr. Lincoln, could not stand as it was, is
divided no longer; and we may now rationally hope that under
Providence it is destined to stand--long to stand the home of
freedom, and the refuge of the oppressed of every race and of every
clime.
The great leading facts of the contest are so familiar that I need
not attempt to recount them. They belong to the history of two
famous wars--the war of the Revolution and the war of the
Rebellion--and are part of the story of almost a hundred years of
civil strife. They began with Bunker Hill and Yorktown, with the
Declaration of Independence and the adoption of the Federal
Constitution. They end with Fort Sumter and the fall of Richmond,
with the Emancipation Proclamation and the Anti-Slavery and Equal
Rights Amendments to the Constitution of the Nation. These long and
anxious years were not years of unbroken ceaseless warfare. There
were periods of lull, of truce, of compromise. But every lull was
short-lived, every truce was hollow, and every compromise, however
pure the motives of its authors, proved deceitful and vain. There
could be no lasting peace until the great wrong was destroyed, and
impartial justice established.
The history of this period is adorned with a long list of
illustrious names--with the names of men who were indeed "Solomons
in council and Sampsons in the field." At its beginning there were
Washington, Franklin, and Hamilton, and their compeers; and in the
last great crisis Providence was equally gracious, and gave us such
men as Lincoln, and Stanton, and George H. Thomas.
All who faithfully bore their part in the great conflict may now
with grateful hearts rejoice that it is forever ended.
The newly-made citizens who seem to carry off the lion's share of
the fruits of the victory--it is especially fitting and proper that
they should assemble to congratulate each other, and to be
congratulated by all of us that they now enjoy for the first time
in full measure the blessings of freedom and manhood.
Those, also, who have opposed many of the late steps in the great
progress--it is a satisfaction to know that so large a number of
them gracefully acquiesce in the decision of the Nation.
The war of races, which it was so confidently predicted would
follow the enfranchisement of the colored people--where was it in
the elections in Ohio last week? In a few localities the old
prejudice and fanaticism made, we hope, their last appearance.
There was barely enough angry dissent to remind us of the barbarism
of slavery which has passed away forever. Generally throughout the
State, and especially in the cities of Cincinnati, Cleveland,
Columbus, Dayton, and Toledo, where the new element is large, those
who strove to avert the result over which we rejoice, leaders as
well as followers, were conspicuous in setting an example of
obedience to the law.
Not the least among the causes for congratulation to-night is the
confidence we have that the enfranchised people will prove worthy
of American citizenship. No true patriot wishes to see them exhibit
a blind and unthinking attachment to mere party; but all good men
wish to see them cultivate habits of industry and thrift, and to
exhibit intelligence and virtue, and at every election to be
earnestly solicitous to array themselves on the side of law and
order, liberty and progress, education and religion.
The following letters, written during 1870, have come under our observation. We reproduce them because they exhibit to some extent opinions and character.
In one dated March 1, 1870, these passages occur:
"I also agree with you perfectly on the spoils doctrine. This you
would know if you had read my last inaugural. I am glad you do not
bore yourself with such reading generally, but you are in for it
now, as I shall send you a copy. I, too, mean to be out of
politics. The ratification of the Fifteenth Amendment gives me the
boon of equality before the law, terminates my enlistment, and
discharges me cured."
Another letter, dated June 2d, in reply to a stranger in Baltimore, shows his tender regard for the private soldier, whether he be living or dead:
"I acknowledge with great gratification the receipt of your letter
of the 30th, informing me of your patriotic attention to the grave
of an Ohio soldier in your city on Decoration Day."
"Be pleased to accept my thanks for your generous action, and for
courtesy of your letter."
To a friend in Congress he writes, on June 13th:
"You will as astonished as I was by this decision as to the right
of the soldiers to vote at the Dayton National Asylum. But there it
is. How can we get rid of it? Can you pass an act of Congress that
will avoid it? I feel like saying that the soldiers must vote as
usual, and test the case again. I merely call your attention to it
with a view to Congressional action. You recollect the act ceding
jurisdiction expressly provided that residents of Ohio retained the
right to vote."
To the president of the Commercial Union of New York he wrote, June 20th:
"I have the honor to acknowledge the receipt of your favor of the
10th instant, inviting me to attend a meeting of the Commercial
Union of the State of New York, to be held in the city of Rochester
on the 15th of July next, and to express my regret that prior
engagements will prevent me from being present on that occasion.
The subject to be considered--cheap transportation between the East
and West--is of importance to the whole country, and especially to
the State of Ohio. Earnestly hoping that the deliberations of the
meeting will greatly promote this object, I remain, etc."
January 3, 1871, Governor Hayes delivered the following important annual message:
_Fellow-Citizens of the General Assembly:_
The official reports, which the law requires to be annually made to
the governor, show that the affairs of the various departments of
the State government and of the State institutions have been
conducted during the past year in a satisfactory manner. I shall
not attempt to give a synopsis of the facts and figures which the
reports contain. The most important parts of them have been spread
before the people of the State by the newspaper press, and the
details which may be desired with a view to legislation can be best
obtained from the reports themselves.
I also refrain from making many recommendations. Believing that too
frequent changes of the laws and too much legislation are serious
evils, I respectfully suggest that upon many subjects it may be
well to defer legislation until the people have acted upon the
question of calling a constitutional convention. If such a
convention shall be called, it is not improbable that the General
Assembly will be clothed with powers essentially different from
those conferred by the present fundamental law in respect to the
judiciary, railroads, intemperance, and many other important
subjects, and that the legislature itself will be so constituted as
to secure to minorities a fairer representation than they now
enjoy.
The balance in the State treasury on the 15th of November, 1869,
was $438,060.14; the receipts during the year were $4,399,932.53;
making the total amount of available funds in the treasury during
the year $4,837,992.67.
The disbursements during the year have been $4,071,954.57; leaving
a balance in the treasury, November 15, 1870, of $766,038.10.
The estimates of the auditor of State for the current year are as
follows:
Estimated receipts from all sources, including balances,
$5,670,205.10; estimated disbursements for all purposes,
$5,163,976.01; leaving an estimated balance in the treasury,
November, 15, 1871, of $506,229.09.
The public funded debt of the State on the 15th of November, 1869,
after deducting the amount invested in loans not yet due, was
$9,855,938.27. During the last year there has been redeemed of the
various loans, and invested in loans not yet due, the sum of
$123,860.36, leaving the total debt due November 15, 1870,
$9,732,077.91.
The fund commissioners were prepared to pay off a larger amount of
the debt than has been actually discharged during the year, but
none of the bonds of the State were due, and some of the holders
demanded ten or twelve per cent premium, and others refused to
surrender their bonds at any price.
The constant and rapid increase of taxation demands consideration.
The following table, showing the taxation for different purposes
in 1860 and in 1870, and the increase of taxation in ten years,
sufficiently exhibits the nature and extent of the evil.
+--------------------------------------------------------------------+
| AMOUNT OF TAXES LEVIED. |
+-----------------------+--------------+--------------+--------------+
|For what purpose. | 1860. | 1870. | Increase. |
+-----------------------+--------------+--------------+--------------+
|County taxes | $1,309,137.46| $1,975,088.71| $665,951.25|
+-----------------------+--------------+--------------+--------------+
|Bridge taxes | 487,538.40| 1,474,148.18| 1,036,609.78|
+-----------------------+--------------+--------------+--------------+
|Poor taxes | 260,607.20| 657,116.42| 396,509.22|
+-----------------------+--------------+--------------+--------------+
|Building taxes | 228,444.13| 783,960.73| 505,516.60|
+-----------------------+--------------+--------------+--------------+
|Road taxes | 394,424.77| 1,199,767.26| 805,342.49|
+-----------------------+--------------+--------------+--------------+
|Railroad taxes | 538,869.50| 461,848.72| ..........|
+-----------------------+--------------+--------------+--------------+
|Township taxes | 349,360.86| 734,585.65| 385,224.79|
+-----------------------+--------------+--------------+--------------+
|T'p and sub-district | | | |
|and district school | 1,487,247.44| 4,960,771.87| 3,473,524.43|
|taxes | | | |
+-----------------------+--------------+--------------+--------------+
|Other special taxes | 349,236.33| 1,152,335.09| 803,098.76|
+-----------------------+--------------+--------------+--------------+
|City and town taxes | 1,506,083.86| 5,447,766.96| 3,941,683.10|
+-----------------------+--------------+--------------+--------------+
|Delinquent taxes | 453,013.46| 667,188.69| 214,175.23|
+-----------------------+--------------+--------------+--------------+
|Other than State taxes | 7,313,963.41| 19,464,578.28| 12,227,685.65|
+-----------------------+--------------+--------------+--------------+
|State taxes | 3,503,712.93| 4,666,242.23| 1,162,529.30|
+-----------------------+--------------+--------------+--------------+
|Totals |$10,817,676.34|$24,130,820.51|$13,390,164.95|
+-----------------------+--------------+--------------+--------------+
This table shows that in ten years the State taxes have increased
thirty-three per cent, and that local taxes have increased almost
one hundred and seventy per cent; in other words, that less than
one-tenth of the increase has been in State taxes, and more than
nine-tenths in local taxes.
The increase of local taxation has been far greater than the growth
of the State in business, population or wealth. It is not to be
doubted that this burden has grown to dimensions which seriously
threaten the prosperity of the State.
No full and exact statement can be made from the official reports
as to the amount annually collected from the property-holders of
the State in the form of special assessments for what are termed
local improvements, but it is certain that this burden is also
great and rapidly growing.
The auditor of State reports cases in which such assessments have
been made, amounting to half of the cash value of the property on
which they were levied, and, in one case which he refers to, the
assessment was double the value of the property.
In respect to these evils it is undoubtedly easier to find fault
than to provide a remedy. No single measure will remove them.
Probably no system of measures which the General Assembly can adopt
will of themselves accomplish what is desired. A complete reform is
impossible, unless the city, county, and other officers are
disposed and thoroughly competent to do the work of cutting off
every unnecessary expenditure.
Much, however, can be accomplished by wise legislation. Let the
General Assembly firmly adhere to the policy of the constitution,
and refuse to enact special laws granting powers to tax or make
assessments. Let such powers be exercised only in pursuance of
general laws. Local authorities should be empowered to levy no
higher rate of taxation than is absolutely required for practical
efficiency under ordinary circumstances. In extraordinary cases
general laws should provide for the submission of the proposed tax
or assessment to the people to be affected by it, under such
regulations that it can not be levied unless at least two-thirds of
the tax-payers approve the measure.
One of the most valuable articles of the present State constitution
is that which prohibits the State, save in a few exceptional cases,
from creating any debt, and which provides for the payment at an
early day of the debt already contracted. I am convinced that it
would be wise to extend the same policy to the creation of public
debts by county, city, and other local authorities. The rule "pay
as you go" leads to economy in public as well as in private
affairs; while the power to contract debts opens the door to
wastefulness, extravagance, and corruption.
In the early history of the State, when capital was scarce and
expensive public works were required for transporting the products
of the State to market, public debts were probably unavoidable; but
the time, I believe, has come when not only the State, but all of
its subordinate divisions, ought to be forbidden to incur debt. The
same rule on this subject ought to be applied to local authorities
which the constitution applies to the State legislature. Experience
has proved that the power to contract debt is as liable to abuse by
local boards as it is by the General Assembly. If it is important
to the people that the State should be free from debt, it is also
important that its municipal divisions should not have power to
oppress them with the burden of local indebtedness.
It would promote an economical administration of the laws if all
officers, State, county, and municipal, including the members of
the legislature, were paid fixed salaries.
Under existing laws a part of the public officers are paid by fees
and a part by fixed annual salaries or by a per diem allowance. The
result is great inequality and injustice. Many of those who are
paid by fees receive a compensation out of all proportion to the
services rendered. Others are paid salaries wholly inadequate. For
example, many county officers and some city officers receive
greater compensation than the judges of the Supreme Court of the
State. The salaries paid to the judges ought to be increased; the
amount paid to many other public officers ought to be reduced. To
do justice, a system of fixed salaries, without fees or
perquisites, should be adopted. The people of Ohio will, without
question, sustain an increase of the salaries of judges and of
other officers who are now inadequately paid; but it can probably
best be done as a part of a system which would prevent the payment
to public officers of enormous sums by means of fees and
perquisites. To remove all ground of complaint, on account of
injustice to present incumbents, the new system should apply only
to those elected after its adoption.
In addition to considerations already presented in favor of a
revision of the rates of taxation which local officers and boards
are authorized to levy, another controlling reason is not to be
omitted. By the recent revaluation of real estate the total basis
of taxation for the State at large will probably be increased
almost forty per cent, and in many of the cities the increase will
be nearly one hundred per cent This renders it imperatively
necessary to revise the present rates, so as to prevent the
collection and expenditure of sums much greater than the public
good demands.
Under prudent and efficient management the earnings of the
penitentiary continue to exceed its expenses, and at the same time
gratifying progress has been made in improving the condition and
treatment of the prisoners. The hateful and degrading uniform of
past years is disappearing; increased means of education, secular
and religious, are afforded, and the officers of the institution
exhibit an earnest desire to employ every instrumentality
authorized by existing laws to restore its inmates to society
improved in habits, capacity, and character.
While much has been done in our State during the last twenty-five
years for the improvement of prison discipline, it is not to be
denied that much more yet remains unaccomplished.
Assuming that the time has not arrived to attempt a radical change
of our prison discipline, the following practical suggestions,
consistent with the present system, are offered for your
consideration: A convict is now allowed a deduction from the period
of his sentence as a reward for good behavior. The power to extend
the period of the sentence as a punishment for bad conduct would
also, under proper regulations, exercise a wholesome influence in
the discipline of the prison.
The importance of classification among convicts is now universally
admitted. For economical or other reasons the establishment of an
intermediate prison will perhaps be deemed inexpedient at this
time. It is believed, however, that by employing convict labor the
additional buildings and improvements required for a satisfactory
classification can be erected on the ground adjoining the old
prison, recently purchased and now enclosed, at a small expense
compared with the cost of a new prison. This plan, it is hoped,
will receive your careful consideration.
It is also recommended that the Board of State Charities be
empowered to aid discharged convicts to obtain honest employment.
An annual appropriation of a small sum for this purpose, in the
course of a few years, would probably save a large number, who,
without such help, would again return to a criminal course of life.
The most defective part of our present prison system is probably
our county jails. It is supposed about 8,000 persons pass through
our county jails each year. They are generally persons charged with
crimes and awaiting trial. But lunatics and petty offenders in
considerable numbers are also confined in these places. The young
and the old, the innocent and the guilty, hardened offenders and
beginners in crime, are commonly mingled together in the jails,
under few restraints, without useful occupation and with abundant
leisure and temptation to learn wickedness. The jails have been
fitly termed nurseries of crime. Plans of jails, not too expensive,
have been furnished by the Board of State Charities, which provide
for the absolute separation of the prisoners. It is recommended
that the law shall require all jails to be so constructed as to
entirely prevent this promiscuous and dangerous intercourse.
Your attention is particularly called to the recommendation of the
Board of State Charities that the proper authorities of all of the
cities of the State should be required to make full reports
annually to the legislature, through the governor, of the
statistics of vice and crime and of the work of the police
department in such cities; and also to the suggestion that
prosecuting attorneys should not be allowed to enter a _nolle
prosequi_ in any case of an indictment for a crime punishable by
imprisonment in the penitentiary or by death, without the written
approval of the attorney-general first given upon a written report
to him of the facts.
The importance of this is sufficiently shown by the fact that in
1869 the number of cases in which a _nolle prosequi_ was entered
exceeded fifteen hundred.
The Girls' Reformatory at White Sulphur Springs contains forty-nine
inmates, and it is now demonstrated that the number is likely to
increase as rapidly as the welfare of the institution will allow.
Whatever doubts may have been reasonably entertained as to the
necessity for such an institution prior to its establishment, the
report of the directors and superintendent and a thorough
investigation of the facts will, it is believed, satisfy you that
the institution is a very important one, and ought to be liberally
supported.
The report of the superintendent and trustees of the Soldiers'
Orphans' Home will engage your earnest attention. The duty of
providing for the education and support of the children of the
soldiers of Ohio who fell in the war for the Union was fully
recognized by the resolutions and acts of your last session. It is
not doubted that your action was in accordance with the will of the
people of the State, and they earnestly desire that the duty of
caring for the soldiers' orphans shall be performed in a manner
that will worthily express the affection and gratitude with which
these wards of the State must ever be regarded by a just and
patriotic community. I therefore respectfully recommend that the
legislation deemed necessary by the board and officers in charge of
the institution be enacted as promptly as practicable.
The report of the geological survey, to be laid before you,
exhibits the encouraging progress of that work. The future growth
of Ohio in wealth and population will depend largely on the
development of the mining and manufacturing resources of the State.
Heretofore, our increase in capital and numbers has been chiefly
due to agriculture. Important as that great interest will always be
in Ohio, the recent census shows that we may not reasonably
anticipate, in future, rapid growth in population or wealth from
agriculture alone. Without calling in question the great and
immediate benefit to accrue to agriculture from the geological
survey, it is yet true that the tendency of its exhibition of our
vast mineral wealth is to encourage the employment of labor and
capital in mining and manufacturing enterprises. Let the work be
continued and sustained by ample appropriations.
It is necessary that the General Assembly, at its present session,
should adopt the requisite legislation to carry into effect the
following requirement of the constitution: Sec. 3, article 16, of
the constitution, provides that "at the general election to be held
in the year one thousand eight hundred and seventy-one, and in each
twentieth year thereafter, the question, 'Shall there be a
convention to revise, alter, or amend the constitution?' shall be
submitted to the electors of the State, and in case a majority of
all the electors voting at such election shall decide in favor of
such a convention, the General Assembly, at its next session, shall
provide by law for the election of delegates and the assembling of
such convention."
In conclusion, I feel warranted in congratulating you on the
favorable judgment of your constituents upon your action on the
important subjects which were considered at your last session, and
in expressing a confident hope that what remains to be done will,
under Providence, be so wisely ordered that the true interests of
all the people of the State will be greatly and permanently
advanced.
Without comments of our own, we will simply give the opinions of Democratic journals concerning this message.
The Cincinnati _Enquirer_, of January 4, 1871, said:
"The message of Governor Hayes is a plain, straightforward, and
sensible document, and in every respect is creditable to him."
The Columbus _Crisis_ said:
"The annual message of Governor R. B. Hayes, printed in this issue,
is a very fair and plain statement of the condition of the affairs
of the State, and is especially commendable for its brevity and
practical purport."
The Steubenville _Gazette_ characterized this message as--
"An excellent and appropriate document--short and
comprehensive--and, as it should be, devoted wholly to State
affairs."
The Cincinnati _Commoner, ultra_ Democratic, declared:
"The message is brief, but full of wisdom, and deserves the study
of every citizen."
The correspondence of 1871 from the executive office reveals letters like these:
"I long since, in conversation, announced my wish and purpose to
withdraw from the race for important positions in public affairs. I
meant this announcement to apply both to the office I now hold and
the senatorship. That purpose remains unchanged."
A letter of May 5th, to a distinguished New York journalist, says:
"Your article on the Ohio governorship is of course satisfactory to
me, but you will not object to two corrections. I have not been and
shall not be a candidate for re-nomination. I probably could
without effort have been renominated, but usage and personal
inclination were against it. The more serious error is: You omit to
name the Republican candidate who is nearly certain of the
nomination and election. General Edward F. Noyes, of Cincinnati, a
brave and popular soldier, who lost a leg in the Atlanta campaign;
an eloquent and attractive speaker, and a gentleman of integrity
and purity of character, will, I think, without question, be
nominated. He is the sort of man you would support heartily if you
lived in Ohio."
On the 6th of October, 1871, Governor Hayes delivered the striking address we give below, on the occasion of the inauguration of the celebrated Davidson fountain, in Cincinnati. This fountain, in design and execution, is a work of art of extraordinary merit.
_Fellow-Citizens:_
It is altogether fitting that the citizens of Cincinnati should
feel a deep interest in the occasion which has called together this
large assemblage. It is well to do honor to this noble gift, and to
do honor to the generous giver. This work lends a new charm to the
whole city.
Longfellow's lines in praise of the Catawba that grows on the banks
of the Beautiful River gives to the Catawba a finer flavor, and
renders the Beautiful River still more beautiful. When art and
genius give to us in marble or on canvas the features of those we
admire or love, ever afterward we discover in their faces and in
their characters more to admire and more to love.
This work makes Cincinnati a pleasanter city, her homes more happy,
her aims worthier, and her future brighter.
But this fountain does not pour out its blessings for Cincinnati or
for her visitors and guests alone. Cincinnati is one of the central
cities of the Nation--of the great continent. It is becoming the
convention city. Witness the National assemblies in the interest of
commerce, of industry, of education, of benevolence, of progress,
of religion, which annually gather here from the most distant parts
of America. This monument is an instructor of all who come. Whoever
beholds it will carry away some part of the lesson it teaches. The
duty which the citizen owes to the community in which, and by
which, he has prospered, that duty this work will forever teach. No
rich man who is wise will, in the presence of this example,
willingly go to his grave with his debt to the public unpaid and
unprovided for. Many a last will and testament will have a
beneficent codicil, suggested by the work we inaugurate to-day.
Parks, fountains, schools, galleries of art, libraries, hospitals,
churches--whatever benefits and elevates mankind--will here receive
much needed encouragement and support.
This work says to him who, with anxious toil and care, has
successfully gathered and hoarded--Do not neglect your great
opportunity. Divide wisely and equitably between the few who are
most nearly of your own blood, and the many who in kinship are only
a little farther removed. If you regard only those reared under
your own roof, your cherished estate will soon be scattered,
perhaps wasted by profligate heirs in riotous living, to their own
ruin, and you and your fortune will quickly be forgotten. Give a
share--pay a tithe to your more distant and more numerous
kindred--to the general public, and you will be gratefully
remembered, and mankind will be blessed by your having lived!
Many, reflecting on the uncertainty of the future, will prefer to
see their benefactions distributed and applied while they are still
living. Regarding their obligations to the public as sacred debts,
they will wish to pay as they go. This is commendable; perhaps it
is safest.
But at some time and somehow the example here presented will and
must be followed. All such deeds are the parents of other similar
good deeds. And so the circle within which the blessings flowing
from this fountain are enjoyed will forever grow wider and wider,
and the people of distant times and places will rejoice to drink,
as we now do, healthful and copious draughts in honor of its
founder.
Here, this matchless structure will link together, in perpetual,
grateful remembrance, the names of Tyler Davidson and Henry
Probasco! Ever honored be those names in the city they have so
greatly honored!
The message of Governor Hayes, on retiring from office at the close of his fourth year, calls attention to the encroachments upon the rights and interests of the people by railway corporations, and discusses at length the important subject of securing economy, efficiency, and purity in the administration of the local governments of cities and towns. For its able discussion of these and other subjects, this message of 1872 commends itself.
_Fellow-Citizens of the General Assembly:_
The finances of the State government are in a satisfactory
condition. The balance in the State treasury on the 15th of
November, 1870, was $766,038.10; the receipts during the last
fiscal year were $5,241,184.91; making the total amount of
available funds in the treasury during the year ending November 15,
1871, $6,007,223.01.
The disbursements during the year have been $5,259,046.74, leaving
a balance in the treasury, Nov, 15, 1871, of $748,176.27.
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,
$5,206,366.27.
Estimated disbursements for all purposes, $4,776,035.73.
Leaving an estimated balance in the treasury, November 15, 1872, of
$430,330.54.
The public funded debt of the State November 15, 1870, after
deducting the amount invested in Ohio stocks, was $9,730,144.36.
During the past year the debt has been reduced $729,415.
Leaving the total debt yet to be provided for, $9,000,729.36. Of
this amount, the sum of $44,518.31 has ceased to bear interest, the
holders thereof having been notified of the readiness of the State
to pay the same. This leaves the total interest-bearing debt of the
State, $8,956,211.05.
The taxes levied in 1870, collectible in 1871, were as follows:
State taxes $4,666,242.23
County and local levies 18,797,389.59
Delinquencies and forfeitures in former years 667,188.69
--------------
Total taxes, including delinquencies collectible
in 1871 $24,130,820.51
The taxes levied in 1871, collectible in 1872, were as follows:
State taxes $ 4,350,728.28
County and local levies 18,604,660.12
Delinquencies and forfeitures 632,275.84
--------------
Total taxes and delinquencies collectible
in 1872 $23,587,664 24
It will be noticed, with gratification, that the annual increase of
taxation, to which the people have been long accustomed, has been
checked, and that the taxes, both State and local, have been
somewhat reduced.
The increase of local indebtedness still continues. The returns
made to the auditor of State are imperfect, but enough is shown to
warrant the opinion that during the past year the indebtedness of
the towns and cities of the State has increased not less than one
million of dollars, and that their aggregate indebtedness now
equals the indebtedness of the State. I respectfully repeat, as the
remedy for this evil, the recommendation heretofore made, that all
public debts be prohibited, except in cases of emergency, analogous
to those specified in sections 1 and 2, article 8, of the
constitution.
The report of the adjutant-general shows that there has been
collected by him from the United States during the year, on account
of the State war claims, the sum of $145,304.60, making the total
amount of war claims collected $2,826,247.94. It is probable that
about $100,000 more can be collected on these claims without
additional legislation by Congress. This will leave about $400,000
of claims unpaid, which, it is believed, when presented to
Congress, with proper vouchers and explanations, will be provided
for by special act. As long, however, as the board of military
claims exists, these claims will continue to increase, and it would
not be advisable to seek Congressional action until the State, by
closing its accounts with individuals, shall be able to ask for a
final settlement.
It is therefore recommended that the statutes providing for the
allowance of claims against the State by the commissioners of
military claims be repealed; the repeal to take effect at such date
in the future as will afford opportunity for the presentation and
allowance of all just claims.
The report of the commissioner of common schools shows that, upon
the whole, the educational interests of the State continue to be
very prosperous. He presents, however, for your consideration, a
number of changes in the school laws, which he deems essential to
further progress. The proposed reforms are treated of in his report
under the following heads: normal instruction, supervision, a
codification of the laws, and the township system.
The commanding position which Ohio has held in the great
transactions of our recent civil and military history is largely
due to the educational advantages enjoyed by her people. Every
measure which tends to continue and increase those advantages
merits your earnest and favorable consideration.
For many years the most eminent teachers and friends of education
have urged the necessity of establishing institutions for the
instruction of teachers in the principles and duties of their high
and honorable calling. A few thousand dollars of the school fund
applied every year to this purpose will, it is believed, make the
expenditures for school purposes vastly more beneficial to the
State.
There are serious objections to the present mixed system of school
management by means of township boards and sub-district directors.
It is believed that this system ought to give place to the purely
township system, in which all of the schools of the township are
under the exclusive control of a board of education chosen by the
electors of the township. This plan is in conformity with that
which has been adopted with satisfactory results in most of our
towns, and is sustained by the experience of other States in which
the purely township system has been tried.
In several counties of the State colored children are practically
deprived of the privilege of attending public schools. The denial
of education to any citizen of Ohio is so manifestly unjust that it
is confidently believed that the legislature needs only to be
informed that such a wrong exists to promptly provide a remedy.
The official reports of the penitentiary, the Reform School for
Boys, the Reform School for Girls, and the benevolent institutions
of the State, which will be laid before you, show that the work of
these institutions has during the past year been well done. They
will, without question, receive from you all needed encouragement
and support. It seems proper, however, to direct your attention to
the urgent necessity of such legislation as will empower the boards
of trustees and directors charged with the erection of buildings
for the insane and for the orphans of deceased soldiers, to
complete them as soon as practicable.
By the census of 1870 the number of insane persons in the State was
3,414. The number of patients under treatment in the insane asylums
of the State was, last year, only 1,346. The trustees of the
Soldiers' and Sailors' Orphans' Home report that the number of
orphans in Ohio needing care is about eight hundred, and that the
number cared for is only about two hundred and fifty. These facts
sufficiently demonstrate the importance of the suggestion here
made.
I renew the recommendation heretofore made that the legislature
provide for the erection of suitable monuments at the graves of
General Harrison and General Hamer.
General Harrison has many titles to the grateful remembrance of the
people of Ohio. He was one of the pioneers of the West, a soldier
of honorable fame in two wars against the savages and in the war of
1812, a secretary and acting governor of the Northwest Territory
before Ohio was organized, a law-maker of conspicuous usefulness at
the State capital and at Washington, and was chief magistrate of
the Nation at the time of his death. To honor him is to honor all
who were eminent and useful in the early settlement of Ohio.
General Hamer served with distinction four times in the General
Assembly; was the speaker of the house of representatives; was six
years a member of Congress from the Brown county district, and died
in Mexico in 1846, a volunteer from Ohio, in the service of his
country, with the rank of brigadier-general. At the time of his
death the General Assembly, with entire unanimity, "resolved that
the body of the deceased be brought from Mexico and interred in the
soil of Ohio, at the expense of the State." Having undertaken, as
the duty of the State, to give the remains of General Hamer a
fitting burial, the legislature can not regard that duty as
completely performed until an appropriate monument has been built
at his grave.
Since the adoption of the present constitution the governor's
duties have compelled him to reside at the capital. If any change
is made in respect to the powers and duties of the executive in the
revision about to be made of the constitution, the change, it is
probable, will increase rather than diminish his duties. The
evident impropriety of subjecting each new incumbent of the office
to the inconvenience and expense of procuring and furnishing a
suitable residence for the short period of a governor's term of
office has led, in many States, to the purchase of a governor's
mansion. Three of the States adjoining Ohio have adopted this
course. It can not be doubted that Ohio will, at no distant day,
follow their example. The rapid increase in the value of real
estate in Columbus in consequence of its present growth and its
promise of continued prosperity in the future gives force to the
suggestion that if the State is to purchase a governor's residence
at all it would be well to do it promptly.
The importance of wise legislation on the subject of railroads, in
a State having the geographical position which belongs to Ohio, can
not be over-estimated. The greater part of the trade and travel
between the commercial and manufacturing States of the East and the
agricultural States of the West, and of the business of the
continental railways which connect the Atlantic and Pacific oceans,
passes over the railroads of this State. Fourteen years ago,
Governor Chase, speaking of the railroads of Ohio, said: "This vast
interest, affecting vitally so many other interests, has grown
suddenly to its present dimensions without system, without general
organization, and, in some important respects, without
responsibility." Then the railroads of the State carried annually
about a million of passengers, and their gross receipts were about
six millions of dollars a year. Last year they carried twelve
millions of passengers, and their gross receipts exceeded thirty
million of dollars.
All of the just powers of the corporations which conduct this
immense business are derived from the laws of the State. If these
laws fail to guard adequately the rights and the interests of our
citizens, it is the duty of the General Assembly to supply their
defects. Serious and well-grounded apprehensions are felt that in
the management of these companies, which are largely controlled by
non-residents of Ohio, practices, not sanctioned by the law, nor by
sound morality, have become common, which are prejudicial to the
interests of the great body of the people, and which, if continued,
will ultimately destroy the prosperity of the State.
Regarding railroads as the most useful instrumentality by which
intercourse is carried on between different sections of the
country, the people do not desire the adoption of a narrow or
unfriendly policy toward them. But it should be remembered that
these corporations were created, and their valuable franchises
granted by the legislature to promote the interests of the people
of the State. No railroad company can sacrifice those interests
without violating the law of its origin. It is not to be doubted
that the authority of the General Assembly is competent to correct
whatever abuses have grown up in the management of the railroads of
the State.
The late commissioner of railroads and telegraphs, in his last able
and valuable report, directs attention to a large number of what he
terms "clear and palpable violations of law" by railroad companies,
which are of frequent occurrence.
In relation to the rates prescribed by law for the transportation
of persons and property, he says: "There is not a railroad operated
in the State, either under special charter or the general law, upon
which the law regulating rates is not in some way violated nearly
every time a regular passenger, or freight, or mixed train passes
over it."
As to the laws regulating the occupation of streets and alleys by
railroad tracks, the speed of locomotives in towns and cities, and
railroad crossings, he says that statutes which he regards as
wholesome are, "it is notorious, wholly ignored by some companies,
and only partially obeyed by others."
He quotes the laws forbidding railroad officials from being
interested in fast freight, express, or transportation companies,
and from dealing in railroad securities, and adds, that "the
violation of these laws is believed to be very common among
railroad officials."
The commissioner also gives examples of the "increase or watering
of stock" by railroad companies, and remarks, "the foregoing
statements are the more striking in view of the fact that the
stockholders in the company have been in receipt of regular
semi-annual dividends for seven years of from six to ten per cent
per annum."
The significance of this remark of the commissioner lies in the
fact that the rates which railroad companies may charge for the
transportation of passengers and freight may be prescribed by the
General Assembly, whenever the net profits amount to ten per cent
on the capital actually invested.
The interests involved are of such magnitude that all legislation
ought to be based on the fullest and most accurate information
which a careful investigation can furnish. I, therefore, recommend
that a commission of five citizens, of whom the railroad
commissioner shall be one, be organized, with ample powers to
investigate the management of the railroad companies of the State,
their legal rights, and the rights of the State and its citizens,
and to report the information acquired, with a recommendation of
such measures as the commission shall deem expedient.
During the past year, the traveling public has enjoyed, in Ohio,
remarkable immunity from railroad accidents. According to the
reports of the railroad companies to the commissioner, not a single
passenger has lost his life by the fault of the railroads in the
State during the year. But the number of persons, "other than
passengers," and of "employees" who have lost their lives, is quite
large. One hundred and fifty-seven persons are reported to have
been killed, and it is without doubt that many deaths have occurred
which have not been reported. Many of these fatal accidents
happened in the streets of towns and cities, and at street and road
crossings. It is perfectly practicable to protect citizens from
these dangers, by enforcing proper regulations as to the speed of
trains, and as to the occupancy and crossing of streets and roads.
Your special attention is called to this subject.
One of the most difficult and interesting practical problems which
now engages the thoughts of the American people is how to maintain
economy, efficiency, and purity in the administration of local
affairs, and especially in the government of towns and cities,
without a departure from principles and methods which are deemed
essential to free popular government. Many of the most important
functions of government are in the hands of the local authorities.
They are directly charged with the expenditure of large sums of
money, with the protection of life and property, and with the
administration of civil and criminal justice. These duties, in one
way or another, touch nearly and constantly the interests and
feelings of every citizen. Upon their faithful performance depends
the prosperity, happiness, and safety of the community. It is true
that as yet Ohio is happily, in a great measure, free from the
operation of causes which in the commercial metropolis of the
country recently led to such extraordinary corruption in the
government of that city. But those causes do not belong alone to
the great cities of the East. They are already at work in our
midst, and they are steadily and rapidly increasing in power. No
political party is altogether free from their influence, and no
political party is solely responsible for them. We have laws
prohibiting almost every conceivable official neglect and abuse,
and penalties are affixed to the violation of those laws which can
not be regarded as inadequate. The difficulty is to secure their
enforcement. Those whose duty it is to detect and prosecute are
often interested in maintaining good relations with the
wrong-doers. The contractors for public work and supplies not
infrequently have a community of interest with those who are the
agents of the public to let and superintend the performance of
contracts. Where these abuses exist there is apt to be a large
circle of apparently disinterested citizens, who labor to conceal
the facts and to suppress investigation. What the public welfare
demands is a practical measure which will provide for a thorough
and impartial investigation in every case of suspected neglect,
abuse, or fraud. Such an investigation, to be effective, must be
made by an authority independent, if possible, of all local
influences. When abuses are discovered, the prosecution and
punishment of offenders ought to follow. But even if prosecutions
fail in cases of full exposure, public opinion almost always
accomplishes the object desired. A thorough investigation of
official corruption and criminality leads with great certainty to
the needed reform. Publicity is a great corrector of official
abuses. Let it therefore be made the duty of the governor, on
satisfactory information that the public good requires an
investigation of the affairs of any public office or the conduct of
any public officer, whether State or local, to appoint one or more
citizens who shall have ample powers to make such investigation.
If by the investigation violations of law are discovered, the
governor should be authorized, in his discretion, to notify the
attorney-general, whose duty it should be, on such notice, to
prosecute the offenders. The constitution makes it the duty of the
governor to "see that the laws are faithfully executed." Some such
measure as the one here recommended is necessary to give force and
effect to this constitutional provision.
In compliance with the constitution, the last General Assembly
submitted to the people the question of holding a convention "to
revise, alter, or amend" the constitution, and at the October
election a large majority of the voters of the State decided in
favor of a convention. It is the duty of the General Assembly, at
its present session, to provide by law for the election of
delegates and the assembling of the convention.
The vote on the question of calling the convention which formed the
present constitution was taken at the October election, 1849. At
the next session of the General Assembly an act was passed which
provided for the election of delegates to the convention the first
Monday of April, 1850, and the convention was convened on the first
Monday of May following.
In conclusion, I wish to make my grateful acknowledgments to the
people of Ohio for the honorable trusts they have confided to me,
and to express the hope that the harmony, prosperity, and happiness
which they now enjoy in such full measure may, under Providence, be
perpetual.
Hayes, during his two terms as Governor, proposed and carried through the following measures of the first importance to the welfare of the State:
He recommended and had completed a comprehensive Geological Survey of Ohio.
He secured the establishment of a Soldiers' Orphans' Home.
He had the powers of the Board of State Charities restored and enlarged.
He had provision made for the care, by the State, of the chronic insane.
Under his direction the graded system was adopted in the State Prison and prison reforms introduced.
Minority representation on Election Boards was secured.
The Agricultural and Mechanical College was founded, trustees appointed, and the institution organized.
Portraits of the Governors of Ohio were placed in the State collection.
The suffrage amendment to the Constitution of the State was adopted.
The fifteenth amendment to the Constitution of the United States was ratified.
The Lincoln Memorial, an admirable work of art, was placed in the capitol.
The right of soldiers in the National Asylum to vote was restored.
The students' privilege of voting while attending college was given back.
The odious "visible admixture" law was repealed.
The St. Clair papers were purchased, and letters and manuscripts relating to pioneer history collected.
A Reform School for Girls was established and made successful.
The State debt was reduced, and all increase of debt opposed.
Can any Governor of any State say that he has done a better business?
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The Life, Public Services and Select Speeches of Rutherford B. HayesChapter VIII: Second Election as Governor
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