Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-05-16
20 stFren the Crisis. by request.l
The Metropolitan Police Law.
BIZ G, IobEw'FENsrErN.

evidently appears from the difference anG
distinction between the Federal and State
system of our polfty: 90 ,g,a = ..si5l s-s'-
~ In the Federal system the Chief Execrl.
tive, with the single exception of Vice
President (who really is merely a nominal
ofhcer),sis the only officer who is elected
and chosen by the people; all other off,
GERS, De they executive or judicial, are by
Him appointed-itis is true, by and with the
advice and consent of the Senate. Though
this restricts ssomew his power, still the
appointing power vests really iu him; for
whilst the Senate may reject certain of his
nominees, it can confirm no one who has
not been nominated by him., Here, then,
he Is the only officer which Is elected and
chosen by the, people, for Senators and
Representatives are By the Constitution
clearly not considered officers; section six.
article one specially provides that they
shall hold, no Office, eiS!l or otherwise,
WhatSOeHer.z v.s...1-,e.,,s S.f,~-,st s,,.-say I
ses That ali Federal offices had to be filed by
appointments, was q political necessity;
Federal, officer is in no sense whatever a
local officer. for the territorial limits of his
jurisdiction are, by the Constitution not
liked and determined - his district mar
comprise or lay In three differehs states; a
portion of the people of three States may at
any time have to elect one officer, and yet
these districts not being fixed by the Cont
stitutien might by Congress be continually Y
changed, and thus continually create con!
troyersy and confusion.. Besides there are
p great many Federal officers which it
would7b be almost impossible for the people
to elect it was, therefore, wisely consider
ed and determined by the iIaners of the
Constitution, for various and OBVIOUS rea-
sons. that all subordinate officers should be
appointed. ya>gl ~ .-7aa,4ao5 10 1ai6ais
Now. If we turn to the State system what
do we find there? All officers, except those
specially provided for by the Constitution,
are elected by the people. Here the juris-
diction of every officer is confined and lin
-ited 20 one of the constitutional divisions of
the State; either to the State as a whole
district county township or city, which
divisions are fixed and determined, no pow
er of the Government can disturb, and are
established before the officer is chosen.lsIs
Under the. Federal system the officer
may be appointed before the territorial
limits of his Jurisdiction are fixed and de-
termined, or they may be- altered and
changed; for instance, the judicial district
OF judPe may be changed and yet he con-
tiuues a Judicial officer; there official juris-
diction may extend into or over three
States; here it is limited and confined, as
a1whole, either to the State. county.
township or city-and a county, city or
township officer can exercise no same func-
tion in any other, for the simple reason
that he must have the qualification of an
elector for the office at the time OF his
electienCo or appointment to the same (otde
section 4, article 10. 80 a--i D ~ hi,
Now, under the Federal Constitution the
Observation-Disclosures of almost
every Office may be changed and altered,
under the State Constitution they are fixed
and determined, and cannot be disturbed
by the Government at all. Under the
Federal system everything is of a federal,
here everything is of a fixed local charac-
ter; there offices of federal here none but
f9wre6 lfaoo labo ~
Hence, if we inquire why, under the
Federal system, the urisdicIional- -territe-
rial limits of office may, be changed and
altered by the Federal GOvefnment, whilst
under the State system they are fixed and
Determined, and cannot be disturbed by the
State Government, weswiiEfnd the reason
certainly plain and obvious. The trainers
OF the Federal Constitution, considering it
best, provided that all officers subordinate
to the Chief Executive should be chosen by
appointment, and therefore did not deter5
mine the territorial limits of their juris-
diction; whilst the trainers of the State
Constitution contemplated and considered
it best, that as all offices could only be of a
local character, and with few exceptions
should be filed directly by election from
the people, that the territorial limits of
their Jurisdiction should be fixed and de-
termined, and that the Government should
hayeno power to alter, change or disturb
the same. .,- ~ & -,-t --,i -.-s- 2. s..s; ,-i
eItisstrue the State Government (and by
Government do not mean one branch of
it, bGss the legislative. executive and Judi
cial combined) perhaps may create new
offices, yet none but such as are contem-
plated by the Constitution, and certainly
none but of a local character. .sge5 i, =
This, then, shows clearly that one of the
Fundamental principles of the Federal Gov
ernment is, that all offices subordinate to
the Chief Executive shall be filled by ap-
pointment; whilst one OF the fundamental
principles of the State Goyernment:is, that
all offices not otherwise specially provided
for by the Constitution, shall be filled by
election from. the people. 81
And now let as for one moment inquire
of what nature are the offices which the
State Constitution specially provides to be
filled by 7appointment?, They are all, with
the single exec ption of Notariesl Public,
land these can hardly be considered off,
GERS, 4vide section four, article twoJ of a
State character and State Offices, for the
Penitentiary and Benevolent institutions
are State institutions. to+ A,-a si''" t''.-
1t is true the Chief Executive Of the State
may fill vacancies. but even here, only such
as are of State character. as State Treasu-
rer,p Auditor, Secretary of State, Attorney
General, Judges, &C., and these only until
the nextregalar election; but the moment
hesosteps on local ground even this power
ceases, and he cannot fill the vacancy Of a
single County or Township office. This,
then, shows conclusively that the trainers
of. the State Constitution neither contem-
plated nor intended that the Governor
should be vested with the appointing
power Of any local municipal officer what
soeyer.y Isaet-s ,ts yi.,ri,r.as. iilssd 80 asito
That it was clearly the intention of the
trainers that all offices not otherwise spe-
cially provided for, should be filled by
election from the people, and that this is
the only consistent and reconcileable con-
struction which can be put upon the Con-
stitution, Is further apparent from the fol-
lowing reason. Article nine of the Fed
eral Constitution provides:, ,--,l 80 .s-
The enumeration in the Constitution of
certain rights shall not be construed to de-
ny or ,disparage others retained by the
people."9 fes = u =. st-saA ia5s,5s3
And article ten provides: hi- ''
'.The powers not delegated to the United
States by the Constitution, nor prohibited
by ttothe States, are reserved to THE States
respectively or to the people,
Now, ,sthen, the object and purport of
these provisions clearly are, to restrict and
liuiie the powers of the Federal Govern
ment, (for If that be not their purpose, they
have no meaning at alD. That is to say,
that all its functions shall only be OF a Fed
eral character, that the Federal Govern
ment shall no; Interfere with the domestic
affairs of the State, make no laws for State
purposes, and appoint no State officer what
ever. ar NJ sa sr "a
Now if this be its object, then one of the
legitimate inferences and reasonable de-
ductions of the above Interpretation is,
that as the people have surrendered to the
Federal Government the right to create
and,appoint all Federal offices and officers,
that, they shall have the right to choose
and elect all other officers s. not otherwise
specially provided in their State Constitu-
tutioDs'i themselves.
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