The Life, Public Services and Select Speeches of Rutherford B. Hayes

by J. Q. Howard

State taxation was formerly the occasion of violent party contests. Now men of all parties concur in the opinion that, as a general rule, every citizen ought to be taxed in proportion to the actual value of his property, without regard to the form in which he prefers to invest it; and differences as to the measures by which the principle is practically applied rarely enter into political struggles in Ohio.

Party conflicts and debates as to State laws in relation to banking and the currency constitute a large part of the political history of the State. But the events of the last few years have convinced those who are in favor of a paper currency that in the present condition of the country it can best be furnished by the National Government, either by means of National banks or in the form of legal tender treasury notes. State legislatures are therefore relieved from the consideration of this difficult and perplexing subject.

Internal improvements made by State authority, so essential to growth and prosperity in the early history of the State, no longer require much consideration by the General Assembly. Works of a magnitude too great to be undertaken by individual enterprise will hereafter be, for the most part, accomplished by the government of the Nation.

The part which patriotism required Ohio to take in the war to suppress rebellion demanded important and frequent acts of legislation. Fortunately the transactions of the State growing out of the war have been, or probably can be, closed under existing laws, with very little, if any, additional legislation.

If not mistaken as to the result of this brief reference to a few of the principal subjects of the legislation of the past, the present General Assembly has probably a better opportunity than any of its predecessors to avoid the evil of too much legislation. Excessive legislation has become a great evil, and I submit to the judgment of the General Assembly the wisdom of avoiding it.

One important question of principle as old as our State government still remains unsettled. All are familiar with the conflicts to which the policy of making distinctions between citizens in civil and political rights has given rise in Ohio. The first effort of those who opposed this policy was to secure to all citizens equality of civil rights. The result of the struggle that ensued is thus given by an eminent and honored citizen of our State: "The laws which created disabilities on the part of negroes in respect of civil rights were repealed in the year 1849, after an obstinate contest, quite memorable in the history of the State. Their repeal was looked upon with great disfavor by a large portion of the people as a dangerous innovation upon a just and well-settled policy, and a vote in that direction consigned many members of the legislature to the repose of private life. But I am not aware that any evil results justified these apprehensions, or that any effort was ever made to impose the disabilities. On the contrary, the new policy, if I may call it so, has been found so consistent with justice to the negroes and the interests of the whites that no one—certainly no party—in Ohio, would be willing to abandon it."

An effort to secure to all citizens equal political rights was made in the State constitutional convention of 1851. Only thirteen out of one hundred and eight members in that body voted in its favor; and it is probable that less than one-tenth of the voters of the State would then have voted to strike the word "white" out of the constitution.

The last General Assembly submitted to the people a proposition to amend the State constitution so as to abolish distinctions in political rights based upon color. The proposition contained several clauses not pertinent to its main purpose, under which, if adopted, it was believed by many that the number of white citizens who would be disfranchised would be much greater than the number of colored citizens who would be allowed the right of suffrage. Notwithstanding the proposition was thus hampered, it received 216,987 votes, or nearly forty-five per cent of all the votes cast in the State. This result shows great progress in public sentiment since the adoption of the constitution of 1851, and inspires the friends of equal political rights with a confident hope that in 1871, when the opportunity is given to the people, by the provisions of the constitution, to call a constitutional convention, the organic law of the State will be so amended as to secure in Ohio to all the governed an equal voice in the government.

But whatever reasonable doubts may be entertained as to the probable action of the people of Ohio on the question of an extension of the right of suffrage when a new State constitution shall be formed, I submit with confidence that nothing has occurred which warrants the opinion that the ratification by the last General Assembly of the fourteenth amendment to the constitution of the United States was not in accordance with the deliberate and settled convictions of the people. That amendment was, after the amplest discussion upon an issue distinctly presented, sanctioned by a large majority of the people. If any fact exists which justifies the belief that they now wish that the resolution should be repealed, by which the assent of Ohio was given to that important amendment, it has not been brought to the attention of the public. Omitting all reference to other valuable provisions, it may be safely said that the section which secures among all the States of the Union equal representation in the House of Representatives and in the electoral colleges in proportion to the voting population, is deemed of vital importance by the people of Ohio. Without now raising the grave question as to the right of a State to withdraw its assent, which has been constitutionally given to a proposed amendment of the Federal constitution, I respectfully suggest that the attempt which is now making to withdraw the assent of Ohio to the fourteenth amendment to the Federal constitution be postponed until the people shall again have an opportunity to give expression to their will. In my judgment, Ohio will never consent that the whites of the South, a large majority of whom were lately in rebellion, shall exercise in the government of the Nation as much political power, man for man, as the same number of white citizens of Ohio, and be allowed in addition thereto thirty members of Congress and of the electoral colleges, for colored people deprived of every political privilege.

In conclusion, I am happy to be able to adopt as my own the sentiments so fitly expressed by the speaker of the House of Representatives of the present General Assembly. I sincerely hope that the legislation of the General Assembly and the administration of the State government in all its branches may be characterized by economy, wisdom, and prudence; that statesmanship, patriotism, and philanthropy may be manifest in every act, and that all may be done under the guidance of that Providence which has hitherto so signally preserved and blessed our State and Nation.