The National Republican And Ohio Political Register

THE NATIONAL REPUBLICAN.

THE CITY CHARTER. NO. V.

TO THE QUALIFIED VOTERS OF CINCINNATI.

Fellow citizens—

It is not in human policy to form an institution from which no possible inconvenience shall arise, or from the exercise of powers conferred, no abuses will be committed. I do not pretend that the new city charter is one, to which there can be no possible objection. But we are to decide whether it is, on the whole, better than the old law. It is not that the new law is perfect, but that it is calculated to preserve the peace, improve the morals, and promote the prosperity of the city, more effectually than the old one, that I urge you to accept it.

Section 18.—This section prescribes the manner in which ordinances shall be passed by the City Council, and introduces a new provision on that subject. No ordinance can be binding on the citizens, unless it shall have been twice agreed to by a majority of all the members of the City Council, and in the mean time submitted to the Mayor for his examination, and his objections, if any he have, duly considered; and the question in both cases must be taken by yeas and nays, and the names of the persons voting for and against the same entered on their journals. Ordinances so passed, are required to be immediately published in one or more of the newspapers printed in the city. No such provisions are to be found in the old charter; and if I am truly informed, four members of the Council have heretofore passed ordinances, against the strongest opposition of three. This amendment is certainly of great importance, as it not only tends to check improper haste and the influence of sudden excitement in the adoption of ordinances, but does away the possibility of four of our twelve agents making laws for our government.

Section 19—Provides for the election of Marshal, Treasurer and Aldermen, by the PEOPLE, and prescribes the powers and duty of the Marshal, as in the old charter, and permits him, with the consent of the City Council, one or more deputies. This section and the fourth, can be objected to by no one who pretends to any concern for the elective franchise. Yet strange to tell, we have those among us who oppose the acceptance of the new charter, because it gives to the citizens the election of all the principal officers. Do such expect, by intrigue and management with the City Council, to obtain the office of Mayor, Alderman, Marshal, or Treasurer, against the consent of the people? If they do, I hope they will be disappointed. An objection has been raised to this section, because it gives power to the Marshal to serve writs and other process, in criminal cases, and for violations of the city ordinances, in any part of Hamilton county. If those who urge this objection would take the trouble to read the old charter, they would there find the same power, extended even to civil cases.

Section 20—Relates to the City Court and its jurisdiction. By this section the City Court is deprived of its jurisdiction in civil cases, while its other powers remain as before. I have heard no objection to this amendment, and I am sure none can be reasonably made, as our citizens, by common consent, have already taken the civil business from that court, and transferred it to the County Court of Common Pleas.

Section 21—Has made no material alteration in the provisions of the old act of incorporation. It provides for the qualification of all the city officers, and for securing fidelity, diligence and faithfulness in the discharge of their respective duties.

Section 22—Provides for filling all vacancies which may occur in the city offices, by the City Council, as in the old charter; with this amendment, that no appointment shall be made by the City Council, of any officer or agent of the city, or to fill any vacancy thereof, without the concurrence of all the members, and the names of the persons voting for or against any such appointment shall be entered on their journals. This amendment will be found most valuable, as it renders every member personally responsible to the public for the vote he may give, and will prevent every thing like log-rolling or out-door management.

Section 23—Regulates the elections and returns of all city officers required to be chosen, and has not, that I understand, been objected to.

Section 24—Fixes the qualifications of voters, in all our city elections, as prescribed in the old charter; to wit, white male inhabitants of 21 years of age and upwards, being freeholders or householders of the city, and residents therein one year next preceding any such election. I am surprised to learn, that this section is opposed on constitutional grounds, as though we had a constitutional right to a city charter, and the same right to elect all our city officers.— Those who have started this objection should bear in mind, that the General Assembly can refuse to grant any city or even town corporation, without violating any part of the constitution, or they can grant them and appoint all the officers themselves, or prescribe the mode of their appointment or election by any other authority or body, as they may think fit. I confess I should have no objection (for in principle there can be none) if our city officers were chosen by those who are entitled to vote in our state elections; but I can see no good reason for rejecting the new law on that account: Our elective rights are certainly very much extended and enlarged in the new charter, to what they are in the old one, and I am for increasing and securing all such rights whenever we have it in our power. Let us not, then, trifle away the present opportunity; but rather, let us improve it to the best advantage, and secure to ourselves the election of the principal officers of our city government. And we should consider, that if we reject this law, we may never again have an opportunity to enjoy this privilege.

Section 25—Continues the present Mayor, Aldermen and Marshal in office until April, 1827. and continues in force all ordinances heretofore lawfully adopted, until altered or repealed by the City Council elected under this act.

Section 26—Provides for calling public meetings of the citizens, "to consult upon the common good, to give instructions to their representatives, and to take all lawful measures to obtain a redress of any grievances, according to the RIGHT secured to the PEOPLE by the constitution of the state. This section will not be objected to by any man who has any pretensions to the character of REPUBLICAN, as it fully recognizes and adopts the pure and genuine principles of democracy, and the sovereign character and attributes of freemen.

Section 27—Declares this law to be a public act, and dispenses with proof of its enactment and verity, which is required in most other cases of corporations.

Section 28—Repeals all former laws relating to our city and town corporations.

Section 29—Provides for OUR acceptance or rejection of the law, by our ballots of yeas and nays, on Monday next.

I have now, fellow citizens, gone through with the examination of the provisions of the new charter, and truly and fairly compared them with those of the old one. In doing this, I have been actuated by no selfish or interested motive; but on the contrary, it has been my object to assist you, and also myself, in forming a correct judgment of the separate merits of each. If you have followed me in this examination, and at the same time attended to the opposition which has been raised to the adoption of the new law, you must have observed, that every reasonable objection which has been made and urged against the new charter, will be found to apply with equal or greater force to the provisions of the old one. You must also have observed, that in those cases where it is possible, or even probable, any City Council would abuse the powers given them in the old charter, the new law has materially restricted or limited those powers; and many other checks and restraints have been imposed.