USA > Ohio > History of Ohio; the rise and progress of an American state, Volume Four > Part 21
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At the Republican State Convention, June 23, 1869, Governor Hayes was renominated. The Democrats, on July 7th, selected as their candidate General William S. Rosecrans. In a letter to the Democratic State Central Committee he declined the nomination and emphatically dissented from some of the provisions of the platform. On August IIth the Committee unani- mously designated George H. Pendleton as their candidate for Governor. General Rosecrans' letter was made public August 23d; in it he declared with soldierly bluntness for equal rights without regard to class, creed, race, color, or national origin. He was in favor of a prompt return to specie payments, and in short his political views were directly opposed to the Democratic platform. The campaign was uneventful
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and Governor Hayes was elected by a majority of 6,822. He was again inaugurated Governor January 10, 1870.
When his two terms were ended he could point to a practical and useful administration of State affairs, and the carrying out of many measures of the first importance to the welfare of the people. Few Gov- ernors have left behind a record for more faithful service. Under his Administration, and through his influence, the Geological Survey was revived; the establishment of a Soldiers' Home was secured; the powers of the State Board of Charities were enlarged; provision was made for the care of the chronic insane; the graded system was introduced into the Peniten- tiary and other prison reforms instituted; minority representation on election boards was inaugurated; the Agricultural and Mechanical College (now the Ohio State University) was founded, trustees appointed and the institution organized; the Fifteenth Amend- ment was ratified; the right of soldiers in the National Home to vote was restored; the St. Clair Papers, a valuable historical collection, were purchased; a Reform School for Girls was organized; and the State debt was reduced.
In 1871, the Democratic party of Ohio formally accepted the results of the war by declaring in its platform that "we recognize as accomplished facts the three amendments in fact to the Constitution, recently adopted, and regard the same as no longer political issues before the country." As this was a practical acquiescence in and approval of emancipa- tion, negro suffrage, and reconstruction, we cannot fail
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to see in this revolution of ideas not only a wise but a courageous declaration. It was apparent that in every campaign since the war the Democratic party had labored under the disadvantage of its war record. It had, through the unwisdom of its leaders, taken a position as a party against the Government in the period of a great national crisis; and this, too, in face of the facts that tens of thousands of its members were fighting for the Union in the field, and other tens of thousands at home were supporting the Union party at the polls. Add to this fact that many of its leading men were commanding regiments and brigades and winning honor on the battlefield, the embarrassment of defending its official party record becomes apparent. The man who originated this political revolution, and who gave command to his party in Ohio to "about face," who urged it to turn its back upon the past and frame a new future, was, mirabile dictu, Clement L. Vallandigham. To him alone must be credited the foresight and courage of the "New Departure" of the Democracy.
It was not a sudden movement of Vallandigham. He had thought about it for a full year and only waited for a time for announcement. This came on May 18, 1871, when his party met in county convention at Dayton to select delegates to the State Convention which was to assemble June Ist at Columbus. Through the committee on resolutions, of which Vallan- digham was chairman, he announced his new doctrine, which was to be a "settlement in fact of all the issues of the war and acquiescence in the same as no longer issues before the country." Thus the man who more
EDWARD FOLLENSBEE NOYES
Born in Haverhill, Massachusetts, October 3, 1832; was graduated from Dartmouth College in 1857 and admitted to the bar in Cincinnati in 1858; served with distinction in the Civil War, receiving the brevet of Brigadier General; was afterward City Solicitor of Cincinnati, Probate Judge of Hamilton county, Governor (1872-74), Minister to France under President Hayes, and in 1889 was elected Judge of the Superior Court of Cincinnati; died Septem- ber 4, 1890.
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to see in this revolution of ideas not only a wise but. courageous devotion Awaarent that in
had lab8 battimbs bris 128ini apollo dtuomtisa mort. betsubsig nortonitaib dfiw bov192 ; 8281 m Ismini is off of CP disadvantage of. its, warfrecord It had, Ist590 sibsgia totavoid sit ghivisositis W livkost maken positionsbulotsdort issnniani@ fototiotlos viO biswiatte sw in period of TotainiM (A-81) OD nuo goffimsH fo .
betoslo asw 0881 Ir Birs 29 SH fnobleit isbhu AsHin f of the firstqol beib ;itsunioni? Ho troD dohodu?tadt de pabulrs w fighting for the Union in the field, and Other tens thousands at home were supporting the Union party at the polls. Add to this fact that many of its lead men were commanding regiments and brigades an winning honor on the battlefield, the embarrassnimit of defending its official party record becomes apparent The man who originated this political revoluti and who gave command to his party in Ohio to " abom face," who urged it to turn its back upon the past and frame a new future, was, mirabile dictu, Clement L Vallandigham. To him alone must be credited foresight and courage of the "New Departure the Democracy.
It was not a sudden movement of Vallandigha He had thought about it for a full year and only waltel for a time for announcement. This came on May 18, 1871, when his party met in county convention at Dayton to select delegates to the State Convention which was to assemble June Ist at Columbus Through the committee on resolutions, of which Vallar digham was chairman, he announced his new doctrine which was to be a "settlement in fact of all the issues of the war and acquiescence in the same as no longo issues before the country." Thus the man who more
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than any other was responsible for his party getting on the wrong side in a great struggle, now stood forth to make all amends possible. The new movement was cordially approved by the leading Democratic papers in Ohio and was also denounced by many lead- ing Democrats as a surrender of principles. But it was a progressive stand that Vallandigham saw his party had to take before it could accomplish anything in Ohio. When the State Convention assembled it adopted completely the ideas of the "New Departure," and on a platform embodying them George W. McCook of Jefferson county was nominated for Governor.
When Vallandigham left Columbus for his home he was full of pleasure at what he had accomplished. He had now determined to devote himself wholly to the law, yet his political prospects in his party were never brighter; his future seemed to point to eminence in his profession and usefulness to his family. Soon after this he was engaged in the celebrated murder trial in which he met his tragic death. He was one of the counsel for the defense of a noted character, Tom McGehan, who was indicted for killing Tom Myers, a man of like reputation. The case attracted widespread attention on account of its sensational surroundings and through the eminent counsel engaged on both sides. The deed was committed in Dayton, but by a change of venue the trial was to be held at Lebanon, the county seat of Warren county. Both sides had prepared for a stubborn contest; George R. Sage (afterward Judge of the United States District Court), John F. Follett, S. Z. Guard (prosecuting attorney of Butler county), Kelley O'Neill (prosecuting attorney of Warren county),
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M. N. Maginnis, S. C. Symmes, and P. H. Kumler appeared for the State; and Clement L. Vallandigham, Thomas Millikin, A. F. Hume, Andrew G. McBurney, J. A. Gilmore, J. S. Wilson, and James E. Neal repre- sented the defendant. On Thursday, June 15th, the evidence was closed. The line of defense was that Myers had shot himself while attempting the life of McGehan. Vallandigham on the next night was dis- cussing the evidence with his associate counsel in his room, and he undertook to demonstrate how this could be done. Two revolvers lay upon his table, one empty and the other loaded. By mistake he took the latter for his demonstration and shot himself fatally, the bullet entering his abdomen. He died before morning. Thus ended the eventful career of a man of strong con- victions and great courage. It was such that it won the most enthusiastic admiration of some and the bitterest denunciation of others. At his death much of the asperities of the war had passed away, and the people of Ohio received the news of the final tragedy of his stormy life with genuine regret.
The Republican State Convention assembled at Columbus June 2Ist, and was presided over by former Governor Dennison. General Edward F. Noyes was nominated by acclamation for Governor. The plat- form adopted declared for a protective tariff, advocated civil service, denounced the subsidies of public lands to corporations and monopolies, indorsed a national administration, and favored the calling of a conven- tion to amend and revise the Constitution of the State. The declarations all dwelt upon present questions and there was a remarkable absence of reference to the
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Civil War. The campaign which followed was dull and without special enthusiasm. The Democrats dis- played little interest, possibly due to the ill-timed death of Vallandigham, whose dash, vigor, and leadership they sorely missed. The Republicans, with victory certain, conducted a quiet campaign, lacking much of the aggressiveness of former years. General Noyes's plurality over his opponent was 20,168. The General Assembly was close. The Senate was equally divided politically-eighteen Republicans and eighteen Demo- crats. In the House there were fifty-seven Republicans and forty-eight Democrats.
This campaign may properly be said to have been the last in which the politics of the Civil War figured in any way. In this, as stated, there was but the slight- est reference to that subject. New questions of finance, tariff, capital and labor, and municipal government were beginning to crowd to the front, and the statesmen of both parties were devoting their talents and energies to their solution.
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CHAPTER XII. THE THIRD CONSTITUTIONAL CONVENTION POLITICAL HISTORY FOR TEN YEARS
T HE Constitution of 1851 (Article XVI, Section 3) made it mandatory on the General Assem- bly to submit the question: "Shall there be a Convention to revise, alter, or amend the Constitution?" at the general election to be held. in 1871. Therefore, on March 30 of this year, an act was passed providing for the submission of the ques- tion to the electors of the State at the general election to be held on October 10 following.
There was no decided public opinion favorable to a new Constitution, and were it not that the submission was required by the organic law it is likely that the question would never have been submitted. But the mere submission aroused the activities of the special interests that were interested in a new Constitution. The most potential of these factors were those favorable to the licensing of the sale of intoxicating liquors, which had been prohibited by a small majority at the time of the adoption of the Constitution in 1851. The advocates of license were desirous of another vote on the proposition, and it came with this submission. There was no probability of securing another vote on the license question through the Legislature. Hence all the influence and organization of this element were exercised toward securing another Convention. An- other and no less powerful element was the lawyers of the State; always conservative and an influential body in the community, indeed, much more so in those days than now, they directed their united efforts in favor of a Constitutional Convention. There was a general complaint against the judicial system as constructed and operated under the existing Constitution. "The
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law's delay" was apparent in the congested condition of the docket of the Supreme Court, which was at this time four years behind in its work. This made liti- gation such a luxury that the poor and timid litigant was practically debarred from the court. Another factor was the element that desired to secure a larger control over corporations. The great development of these institutions gave rise to new and important questions, and there was a sentiment, not well defined, however, that the General Assembly should be given more specific power on that subject. Yet it is true that when an amendment was proposed in 1857 to give the General Assembly power to enact special laws regarding corporations, and providing for an enlarged control over them, the people voted it down decisively, it receiving only a little over one-third of the votes cast at that election. Indeed, the people seemed to be well satisfied with their Constitution, for the record is that they voted down every amendment, seven in number, offered to them up to the proposal for the Convention in 1871.
Both the Democratic and Republican parties inserted in their platforms of 1871 a plank recommending a Convention, which no doubt had great general influence toward securing that object.
The effect of these favorable and active forces was that the election showed the following result:
Total vote cast at the election. 459,990
For a Convention. 267,618
Against a Convention
104,23I
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The election of delegates, under an act of the General Assembly passed January 4, 1873, was held on April 6, 1873.
The third Constitutional Convention met as provided by law May 13, 1873, in the Hall of the House of Repre- sentatives at Columbus. Numbering one hundred and five delegates, there were among these men of marked ability, who in the Convention and afterward contrib- uted by their brilliancy and usefulness to the reputa- tion of their State. It was particularly noticed that the Convention contained some of the ablest lawyers of the country. The first president was Morrison R. Waite, of Toledo. At this time his reputation as a constitutional lawyer was national. He was one of the counsel appointed in 1871 by President Grant to represent the United States in the arbitration at Geneva, where the claims of the Government against Great Britain for depredations committed by the "Alabama" were submitted. Before this tribunal he exhibited large capacity, great ability and a wide knowledge of inter- national law. As one of the leading lawyers of Ohio, it was natural that he should be selected as the presiding officer of the Convention. During the session Presi- dent Grant nominated him for Chief Justice of the Supreme Court of the United States, and Rufus King, of Cincinnati, also an eminent lawyer, was selected as his successor. He was preeminently proud of the practice of his profession, and the offer of an appoint- ment by Governor Brough to a seat on the Supreme Bench of the State did not tempt him. As a lawyer of superior ability and liberal learning he added dignity to the Convention. Associated with Rufus King
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representing Cincinnati, were Judge George Hoadly, Samuel F. Hunt and John W. Herron, all distinguished members of the bar. With them as a delegate was also the merchant, Richard M. Bishop, who like Judge Hoadly was afterward elected Governor. Judge Wil- liam H. West, former Attorney-General and Judge of the Supreme Court, represented Logan county, and General Thomas Ewing, Jr., came from Lancaster; both became unsuccessful candidates of their respec- tive parties for Governor. Among the other lawyers who enjoyed an established reputation for ability, were James W. Bannon, of Portsmouth; Barnabas Burns, of Mansfield; Lewis D. Campbell, of Hamilton; Milton L. Clark, of Chillicothe; M. A. Foran, of Cleveland; Mills Gardner, of Washington, C. H .; Henry S. Neal, of Ironton; F. B. Pond, of McConnelsville; Thomas W. Powell, of Delaware; W. E. Scofield, of Marion; C. H. Scribner, of Toledo; John A. Smith, of Hills- boro; Cooper K. Watson, of Norwalk and Chilton A. White, of Georgetown.
Of its membership fifty-nine per cent were lawyers, and it was often referred to as "the lawyers' Convention." This did much to bring about the defeat of its work. The professional tendency to argue every proposition palled on the people, and they became weary of its constant and uninterrupted debates. The work of the Convention was talked to death before it was sub- mitted. Nevertheless, these discussions of the funda- mental principles of State Government are of great interest to the student who cares to delve into the forty- eight hundred pages of the debates of the Convention. A patient examiner ("The Constitution of Ohio," by
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I. F. Patterson. Cleveland. 1912) has stated that "more than a thousand speeches were made on the subjects of the judicial department and judicial appor- tionment," and that "no less than three hundred and thirty speeches were made on the subject of the legis- lative department, and more than one hundred on each of the following subjects: apportionment and repre- sentation, county and township organization, munic- ipal corporations, temperance, corporations other than municipal, and public debts and works. Twenty- five speeches sufficed for education, twenty for woman suffrage, and twenty-seven for revenue and taxation."
When the new Constitution was submitted to the voters they soon discovered that the length of the docu- ment corresponded to the voluminous discussion which developed it. It was twice as long as the Constitution of 1851. The result of all this was that an impatient and hurrying public never read it. Its really meri- torious provisions received as little consideration as those less worthy. Many of its provisions would be considered to-day as distinctly progressive, and they were far in advance of the public opinion of that time. The final result of the submission of the new Constitu- tion clearly illustrates that a worthy piece of work may be condemned unjustly on account of the methods adopted in its preparation.
The proposed changes in the organic instrument were as follows: State elections were to be held biennially; senators and representatives to reside in their districts during their term of office, and such officers were not to be interested in any contract or claim against the State, and if so, not to be eligible to a seat in the General
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Assembly; joint resolutions were to receive the votes of a majority elected to each house; veto power was granted to the Governor; each member of the General Assembly was given a right to vote on any separate item of an appropriation bill; claims not authorized by law could be appropriated only by separate bill; the Chief Justice of the Supreme Court was made the presiding officer at the impeachment trial of the Gov- ernor; ratable reductions from salaries of members of the Legislature were to be made for unnecessary absence; in case of the removal of both the Governor and Lieutenant Governor by death or other cause, the General Assembly was to fill the vacancy; the Lieu- tenant Governor's vote, in case of a tie, was to be limited; the term of office of the Supreme Judges was to be extended to ten years, and they were to be elected by a restricted plan of minority suffrage under which no elector could vote for more than three of the five judges to be chosen; the word "white" was to be omitted from the new instrument; women possessing the qualifications of electors as to age, citizenship, and residence, were made eligible to any office under the school laws, except that of State Commissioner of common schools; an asylum for the incurable insane, an intermediate penitentiary, and a reform school for boys, were added to the list of permanent institutions of the State; a Superintendent of Public Works was to take the place of the Board of Public Works; county officers were to be placed on fixed salaries and fees abolished; municipal corporations were to be divided into six classes; the consolidation of parallel competing lines of railroads was prohibited; the "watering" o:
MORRISON REMICK WAITE
Born in Lyme, Connecticut, November 29, 1816; grad- uated from Yale, 1837; admitted to the bar in Maumee City, Ohio, in 1839, and began practice there; member of the Ohio Legislature, 1849; counsel for the United States before the tribunal of arbitration at Geneva, Switzerland, 1871-72; member and president of the Ohio Constitutional Convention, January, 1874; resigned that position to become Chief Justice of the United States Supreme Court, continuing as such until his death in Washington, March 23, 1888.
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THE RISE AND PROGRE
Assembly; jointTIAWINDIMAXWIOBLAHOReceive the vot of a ma ğı
somusM, mi isd ont of bettimbs1; &8L. i EREABY mgil patsuGener. Assemasist2 badtin U adtaot laantigshed, festerstoffe Morfeparar item an bastiostiwe svog92 ts goits tidis tellsandint potteroledhorizo by Aseparate bill
the Club moique aststa betinU dt to sifan sismosdade th doisM notguidesW mi dtsob aid litau doua as guiunittoohe Go presiding officer at the impeachmer
ernor; ratable reductions from salaries of members .8881 .8$
the Legislature were to be made for unnecessar absence; in case of the removal of both the Govern‹ and Lieutenant Governor by death or other cause, tl General Assembly was to fill the vacancy; the Lie tenant Governor's vote, in case of a tie, was to 1 limited; the term of office of the Supreme Judges w to be extended to ten years, and they were to be elect by a restricted plan of minority suffrage under whis no elector could vote for more than three of the fi judges to be chosen; the word "white" was to omitted from the new instrument; women possessi the qualifications of electors as to age, citizensh and residence, were made eligible to any office un the school laws, except that of State Commissione common schools; an asylum for the incurable ins an intermediate penitentiary, and a reform school boys, were added to the list of permanent institut of the State; a Superintendent of Public Works w take the place of the Board of Public Works; co officers were to be placed on fixed salaries and abolished; municipal corporations were to be di into six classes; the consolidation of parallel com lines of railroads was prohibited; the "waterin
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corporation stock was made illegal; railroads were limited to the same rate for the "long and short" haul; taxation was to be upon all property at uniform rates; taxation of dogs was authorized; each county was to have at least one representative in the General Assembly; provision was made for legislation for the protection of miners; a commission to revise and codify the statutes of the State was authorized; and a system of cumulative voting was applied to Hamilton and Cuyahoga counties.
In addition to the Constitution there were submitted separately three propositions relating respectively to minority representation, the voting of aid to railroads and the licensing of the sale of intoxicating liquors.
Notwithstanding that most of the newspapers of the State favored the adoption of the new Constitution, and devoted much space in their editorial columns in urging the voters to adopt it, the public declined to accept their arguments. The members of the Conven- tion also made an active canvass in its behalf. General Thomas Ewing, Jr., was its most effective spokesman, and he summarized the reasons for adopting the proposed Constitution as follows:
"It provided for the reorganization of the judiciary, a reform imperatively demanded by the crowded condition of the courts. This would necessitate a permanent increase in salaries of from $50,000 to $60,- 000 a year, and a temporary increase of from $20,000 to $25,000 a year. This increase was to be more than offset by the prompt and efficient administration of the law.
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"It abolished the free pass system. It gave members of the General Assembly the right to demand a separate vote on every item of an appropriation bill. It gave the Governor the veto power. It provided for biennial general elections. It substituted fixed salaries for the fee system in county offices. This, it was claimed, would save annually from $150,000 to $200,000.
"It placed salutary restrictions on corporations, whose rapidly growing power demanded additional regulation by the State. It authorized the legislature to pass laws to prevent the watering of corporation stock."
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