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?

The Life, Public Services and Select Speeches of Rutherford B. Hayes · 第 8 / 12 章