Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-05-14
-ss'aAs g1rsss shs crsgis BY RsaasstI s.. ,.
The MctrepoIitan = Police Law.
.SiissiHs1 Z. LOEwEEsssiFErN.
T@EEAlE -


man; Is csla abieof sci a6yefnfaent. It was
this great prineip ple IN GRATED IN the Decla1
radon OF Independence, which, I'm q long
end serious contest by the Revolutionary
.asaers oA kne segaLEy was s1ccessfully
which The existenee Of our Government for
eighty nine ye4lp has still flIEther vindi1
.cated and establ liehed. u. & -. ~,
s. That man Is caDsble Of self-eoveranlent
great fl1ndameutaI prtneiple, Of eur
eie4u p6lity; this btiaeIple lars at the very
,eollndation Of the. FEDERAL Consti titution.
and bergadef tle Gonstik ton of every
f8l11e IN the, s0nlona y Nay its very spirit
can Be traced IN every statute sipces che
-aeadfFoml tbe habits eoslems and peculiar
CHAR afAccesfsticB Of our people and until
very recentlE no man would have dared I'd
s BGs HS3 & II sss les Sdgig ~ iSaa s1Ss Md dsgsnl
GEA1Bh htlizleA, our -all<Wisse fnlsFs and adRo4
openly attacked this great Fundamental
principle Of 0nR hA1gR0 CdUtaa but have
foI,mean aud selfish motivess,and for1mere
partisan ends,t tdecefuhiIed TO show TO the
.WDEld, iby legislatlRe acts. thhtIa portion OF
,ses. 1msElsae people are a no longer capable
Nov, 'Ehether the people 20 xs eiaimssd to be
Incapable OF longer governing themselves.
sbe khe aQRreRate people Of tenor rof cone
State. or merely otione community, is linz
smaterial when co4ssdered in connection
with the great principle involved, and the
-fmportance OF the question at issue.ri And
whether C be true OF not. the question here
IS not whether any portion of the people
are sofrs are not len ger capable Of govern
etng, themselves. bn4 hetherl theiF repre-
sftE % act and pass Upon the question at all.
IL Representatives aTeo merely the agents
end servants Of the qpeopleg aud what Che
people no longer themselves can dos they
are also Incapable sofs doing through the
sagencyoo others. Ife theE5fores the peor
eple Of any city or COMMUNITY can no long
ser be trusted with seleeting their own POI
lieemen at04 watch and aRuard over their
lives and, property, they can also then cerr
rtainly no longer be trusted; with choosing
men TO select such for them. In short. If
they be incapable OF managing their own
sete they capable Of coiitri ibatfng or partict
-Npating In the goHsrnmehto of the affairs Of
others r9hss13 .1tNFsTS5 xIlaFf e6t - zEss5t5 (
ri The same right which the people of 9TH
Ger cities have, be they larger or smaller, of
first class, such IS tCineinnath or OF q secf
.a0Dd class, such as Xenia, Co manage their
iowa local affairs, the same riyht haye also
the people Of Columbus and Toledo; there
can be no distinction in favor of auy city.
20 exclude the same from the operation OF
h1i0n arises from the varied size, situation D
sor circuuistapce of the different cities, or is
made direct, is OF mo moment, If such dis-
sGincfzons does exist. q law creating such is
vhetwarranted By the Constitution of Ohio.
If the people Of Columbus, without their
-eenseRt, can be LEGALITY deprived Of the
right toselect theft own policemen, upon
the very same theory they may also be de-
prive4 OF the right to choose their owr,
vEspFese eptatiyes; the act Involves the same
spFihciple In the one aslin the other, and is
5.a 5SsaaActioaed ii neither by the tqndamehtail
nov That. the so,called Metropoiitan Police
dlsaw Is pnconstituEiQ Is O0Vio1s from q
Rreat many reasons - 49,.
s'sdFirst- -It is repugnant TO the ideas, cus-
toms, habits, charactRf and traditions Oi
the people, and IN direct conflict with the
Z system Of our political Institutions. III
ss lSfcOudly-1t Is at variance and in con-
.eliict with the recognized fundamental prin-
cipies of our Goyernment. - -
.sS Thirdly-Ie Is In conhlct with the funda-
mental law of the land, aud not warranted
by the Constitution of Ohio ,e.etA .Nose
80 From the very earliest history of oul
country. the people have been accustOme(
ito theiright Of Tree local selfzg goRernmeuts
and whilst even in the times Of the Colo
.sniess che British Governments exercised the
eHightsand prerOgative to appoint the GOyi
n&fn0rs and chief officers Of the Colonies, il
never claimed or pretended 10 have the
srights to appoint officers for the local gov.
s.aefnmeut Of the people; and from the verj
stffsf settlement of this country the right x
: select and choose their own local officer
Nassever exercised and jealolisly maintain
s9ed BY the people, and with rare exception
ever wisely conceded and granted them bJ
the British Government sod sls n5lfs issao
ohi The right TO local self government ba
grown up. with the people, and becomI
Identified with the Pelity Of our institll
sfious, and has been the very means an
slcahse of forming and shaping the lofty an,
liberal ideas. habits, customs and characte
of the people and the history Of ntfi
country traces and directly assigns TO tn
free local self-g0vernmeut of the peOpl
the cause and the means which opposel
and 0verthrew British authority. and es
established the States, the heindependence ant
uFesent GoEefnnent OF our country. ,
sIf1H was this traditional birthright which
originated ana developed the great Ameri
can idea to the now fixed fundamenta
maxim that man Is capable Of self-goyerh
changes IN the government and condition
of the people not single Instance or pre-
cedent to be found, where they were eve
forciblY deprived or compelled to surren
der the right to choose and select their owyl
The history OF oylr country and govern
meIit shows. that before there were State
or even chartered colonies, there were dis
ftnct seff-9overhing communities, as 70
instance Salem and Boston-and the law
and regulations Of the ono were no NOR
binding upon the people Of the other tina
the statftes Of Ohio are upon the apeople.o
siVefmoBts And when, by charter OF th
crown, the territory Of these several dis
sntintta communities were raised aud unite
-ato 0ueocolOny, they still continued, as ia
as their local g0VernDeEt was concerned
.fndependent ta0f each other b1rsts bsbiol
-asa When the Colonies declared themselvC
independent States, the sovereigntys i6
sGFtie, vested IN the State as whole, and NJ
In the counties or communities; but tf
powers which were delegated by the pee
pie to the State Government, were only fl
general or State purposes, and not for sp'
ciaI local affairs aud when, again. the Star'
surrendered Co the General GovernmeI
yeertain enumerated rights and powers
r'such as to regulate commerce, naturaliz;
tiop, coin .noneY, establish post0fices, d.
clare war, etc.-they reserved to fhemselV'
,vs.tl other powers not specifically delegate
to the General Government, such as to REF
ulase and determine the relation of mastt
Rand servant, paFeBtand child, guardian an
ward. executor and heirs and all others
State character. or relating to the domei
tic affairs ofthe State. ~
Now, whilst the State government
vested exclusively with all these right
limits make and enact laws, yet there a.
E6ertaiR rights which even State power cal
not infringe upon, and which, though n
St5ecificaifY enumerated. are inalienabl
and forever inherent in the people.
dTICwm certtinly not be claimed by an
one that the Legislature has the legal poy
eerot0 enact laws and prescribe to any
streets, how high build their houses, whet
or of wood or only of stone. whether the