Peter Hitchcock - Constitutional Convention of 1850

Constitutional Convention of 1850

He was elected as a Whig delegate to the Ohio constitutional convention in 1850 called to revise the 1802 constitution. In this capacity he contributed to reorganization of the judicial tribunals of the state, and still continued to discharge his duties on the bench. He was called the "Father of the constitution of 1851."

One of the debates was over granting the power of the veto to the governor. As a good Whig, Judge Peter Hitchcock opposed it:

"It seems to me that the idea of giving to the governor a veto is inconsistent with our professions. It looks as though we distrusted the capabilities of the people for self-government. In fact, it is based upon the assumption that the people are incapable of self government. It implies also another fact, that we distrust our own qualitifcations to elect such men to do the business of the state as are worthy of being trusted. We are afraid to trust the legislative department of the government and therefore we put it under the care of the governor. ...

"They say the governor is the representative of the whole people, because the whole people have voted for him. He is the representative of the masses, and therefore he may with propriety interfere with the proceedings of the Legislature. But why not carry the reasoning out? If the governor be the representative of the whole people, and he alone knows the sentiments and wants of the people and can best provide for them, why not dispense with the Legislature and give the governor the power to make the laws?"

The convention did not give the governor the veto in the new constitution.