Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-05-16
lYOL..S sXXXIV.A q so % @,.5 salt Z

are matters of State character? That the
reserved rights and powers of the people
do not relate to that which is prohibited
by the Constitution to the State govern
ments, but to something indefinite and in-
teertain, which human foresight could not
i provide against will hardly be disputed.
Then, to find the real, true solution of this
question, let US again refer to the Federal
Constitution. vinhb-s5sE
There the Government has the power and
4 exclusive control over alfmatters of a Fed
eral character !, that is, it can make all
laws, create all offices and appoint alleffi-
l GERS it may deem necessary to carry out
the object of the federation. There, then,
the reserved rights and powers mean that
all matters not of a Federal character, but
relating to and concerning the domestic
affairs of the State, the States or the peo-
I pie thereof shall have the right exclusive
! ly to govern, control and exercise them
\ selves; and there, then. the reserved DOW
ers of the people are not for single Fed
Feral, but exclusively State purposes. aa's
\ Now, if the State Government may ex-
bercise all powers not specifically prohibit
ed to it by the State Constitution, or what
-bimport are the provisions of Section XIX,
Article J.? of none whatever But every
provision of the Constitution is, certainly
/ tor some, purpose. Then, looking to the
whole Constitution for solution, OF this
question, we find-4rrigsI aa,,s-.y .s,.f.P
the State fixed and determined by the Con-
| stitution. ..--. fz..,---
r. ID. The election of all State, county and
township officers, and the appointment of
certain State officers for the State and be-
lnevolent Institutions of the State, and the
filling of vacancies BY the appointment Of
all state officers and judges provided by
the Constellation. ss KS ] ) ESV
Sd. That the Legislative Assembly, in all
eases not provided by the Constitution,
shall fix the term and compensation of all
officers. No. "a, s,-, mo- ,7,qo, g,,, y-..s7
of all officers, and the filing of all vacan-
cies not otherwise provided for by the Con-
stitution, or the Constitution OF the United
States, .tshall be made in such manner as
may be directed by law
7 9TH. That all laws of a general nature
shall havea uniform operation throughout
the State. tiimt. ..inn 'H-7 10 -'5-' o t'' ~
18th. That the organization OF cities shall
be bv general laws. 1-oaI ril 20 huaa rii rlf
bdi 7tS.s That the commissioners of counties,
trustees ofJewuships, and ''similar boards" ("
shall have such power of "local taxation
for police purposesn as may be directed by
law. n-siis ii 971m 81 o,s doidw-s,ovo,i :z5
q, These provisions show that the trainers
contemplated that there may be occasions
for creating offices other than those found
necessary at the time of franing the Com
the term and compensation of the same,
and that the manner of choosing such off,
GERS shall be as may be directed by law
that is, that there may be new offices, some
of which ought to and may be filled by
election. and some by appointment. iao1
That the trainers contemplated, and the
Constitution intends, that some of these
new offices shall be filled by election is ap-
parent. Sections three and four, article
three, specially provide how and when the
State officers shall be- elected; and article
ten, how and when county and township
officers shall be elected and directs the
Legislature to provide by law the mode
and manner Of, their election. Then Sec
ton twenty-seven, article one, clearly re-
fers to the election and appointment of Off
GERS other than those already provided for !;
but If no other officers ever were to be
elected, why put the word " ELECTION ;" in
at ali? '... i' -.'' y 3 .''29s7s Grove ii
Hence, if it be admitted that the Consti-
tuition purports that some of these new
pointed; then the only remaining question
is, which should be appointed and which
elected? And to this the answer suggests
itself alone, to wit: all officers whose SER
vices are paid directly--by the people,
through their local Government. That is,
who get their pay from the county,, town.
ship or city, are local officers, and such as
elected by the people, whilst such officers,
whose services are paid by the State, may,
If not otherwise specially provided, be ap-
pointed by the. Government go
For as it is only natural that every ser
want, be he public or private, should look
to him as his superior who pays him for
his services, so it is only consistent that he
whopays for services should have the right,
and be the only proper party to determine
whether the services rendered, or to be rem
dered, are worth what he pays or intends
to pay for them, and if not to select such
as will come up to his standard. And that
this is the only construction which can be
put upon the Constitution sufficiently ap-
pears from the whole system of our Gov
ernment, and is further clearly indicated
by section seven, article ten, already cited
under heading seven. .--.. --. ---
If it be admitted, then, that he who pays
for services has the right TO select the SER
want, this will at once furnish the true So
luton to the question. What are matters
of State? and to what end are the reserved
rights of the people? That is, o-wit, that
as all services which are paid for by the
State, the State Government has the right
to select the servant, so all contracts to
which the State is party, or the consider
ations of which are paid by the State, are
matters of State, and all services and con-
siderations of all contracts, which are paid
directly by the people, through their local
government, and pertaining to their special
locality either to a county, township or city,
the Constitution reserves and guarantees
to the people thereof, the right and power
| to select all such servants, and enter into.
control and govern all such contracts
themselves. i1 la.s. . zn'r'E is ,as1sl