Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-03-30
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SP H ECEI
HON, L. R. CRETCHFIELD,
In the Ohio Senate, on Tuesday,
March 27, 1866, on Mr.. DRngler's
House Bill, TO Provide for the
Appointment by the Governor
OF Police Commissioners
for the City of OIeVe-
land.
Mr.. PRESIDENT Il feel it my duty, in
behalf of large portion of the people Of
the city of Cleveland, and more particular
ly, in behalf of the principles of popular
suffrage, to protest against the passage OF
this bill. l believe that the General AS
sembly can exercise none but delegated
powers, and is restrained by the Constitu-
tion within the limits of enumerated powers.
| All powers not in the Constitution delega-
! ted remain with the people, and whenever
the General Assembly transgress this Jim
| itation its action is void. But little is said
in the Constitution of the United States
about the right of the people of the States
to elect their officers, for the reason that tile
States were to be supreme over that ques-
tion, and for the reason that government
cannot be republican except upon the prin-
ciple that the people choose their public
officers and agents. No more familiar idea
prevails than that the will of the people is
the foundation of our Government--is The
supreme rule OF action. The trainers of
| Ctnko fnff arlu rnannniZnH
and acted upon this principle, and by that
instrument this question and all other
questions of power may be best tested.
The General Assembly are prohibited
from exercising the appointing power
Who may exercise it and in reference to
what subjects? BY this act it is attempted
to invest the Governor with this power of
appointment. The Constitution defines his
general power-"the supreme executive
power of this State shall be vested in the
Governor,"-and other powers of a specific
nature are given him, but none of them go
so far as to substitute his will for the will
of the people or any portion of them. The
Governor executes such Constitutional
powers as are conferred upon him. This
law is general in form and specific in appli-
cation. The principle is general, and if it
might be applied in this case it might be
applied to every city and village in Ohio.
Another Legislature might so extend it
Our friends in Cincinnati, Columbus, Day
ton, Toledo and In every city and village,
may be visited with this blessing of dis
franchisement. 1t therefore becomes
exceedingly important. 1t puts an
immense power, susceptible of i'm
mense corruption, in the hands of one
man. By a little turn of the political
wheel this precedent may become exceed
| Il 10 tn fri Of m
position. The question involved then is
this-Whether the General Assembly can
confer power of appointment upon the
Governor which will disfranChise the peo.
pie of every city, town and village in Ohio!
deny the authority. The power is null
litv when conferred, and the Governor can
not execute it. Notwithstanding his ap'
pointment the people may elect and disre-
gard the officers imposed upon them. The
Governor can execute the laws when his
power is necessary to be invoked; but ht
cannot exercise the elective franchise fol
any portion of the people. This places
him not in an executive capacity, but in al
elective capacity. No such power was
ever designed to be conferred in the Con
stitution of free people. There is dis
tinctiOn between comforting the power Il
appoint certain agents and officers, genera
in their nature, not made elective under
the Constitution, nor affecting the local in
terests of the people nor their self-gOvern
ments and such officers as are to be the re-
positories of the popular discretion ant
Government. The Governor might be in
vested with the power of appointment o
staff officers, to fill vacancies, to appoin
directors, agents, &C., for these are inter
mediate agencies to carry out powers WIFI
which they have invested an officer whom
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distinction between the grant of funda
mental powers and those which are sec
ondary and pertain to the execution of tht
powers. The Governor is an executive
officer and not possessed of any powers eX
cept those which are delegated, and ht
cannot be invested with the original powe
of election, belonging to the people ant
which has never been surrendered.
But the Constitution was designed t.
provide for the election of officers to whom
the people communicated their powers
This does not necessarily apply to sucl
officers as are merely subsidiary to the ex
ecution of the main power, nor to such Off
GERS as the people have communicated Il
the agent the power to appoint, such a
marshals, supervisors, police, etc, for thes
may be appointed by the higher officer
elected, but not by the Governor, for tn
Constitution has limited his power. Tn
Constitution provides that the election O
J county and township officers shall be pro
vided by law, and no other mode can b.
substituted. If a city should become co
extensive with township, nevertheless
township officers must be elected, and is
logical or reasonable to suppose that tn
Constitution would hedge around TOWNSHIP
officers with all its potency and preserv
the elective franchise to the people, and we
disfranchise the same people in referenc
to officers equally, if not more, important
and prohibit any election whatever? d
not believe it.
think it may be conceded that the gen
eral rule is that all officers shall be elective
That it is one of the inherent powers of tn
people to elect and that that power is re
served to them by the Constitution unles
delegated to some other power.
1t is claimed that the 9TH section of Arti
Gle 13 of the Constitution gives the powe
claimed. .,
1.-THE General Assembly shall provide fo
, the organization of cities and incorporate
} villages by general laws, and restrict thei
power of taxation, assessment, borrowin
money, contracting debts and loaning thei
credit, so as to prevent the abuse of sue
power" The first clause of this section ba
reference to the organization of the peopl
into corporate body for the purpose {
enabling them 10 exercise the rights whic
belong to them. 1t cannot be claimed ths
it involves the deprivation of the electiy
franchise. The people never would conser
, to such deprivation. The right to choos
y | l. IL 70 o,,fa 10,