132
Ohio Arch. and His. Society Publications.
From Hamilton county, John W. Browne,
Charles Willing
Byrd, Francis Dunlavy, William Goforth,
John Kitchel, Jere-
miah Morrow, John Paul, John Reily, John
Smith and John
Wilson.
From Jefferson county, Rudolph Bair,
George Humphrey,
John Milligan, Nathan Updegraff and
Bazaleel Wells.
From Ross county, Michael Baldwin, James
Grubb, Natha-
niel Massie and T. Worthington.
From Trumbull county, David Abbot and
Samuel Hun-
tington.
From Washington county, Ephraim Cutler,
Benjamin Ives
Gillman, John McIntire and Rufus Putnam.
A motion was made and seconded that the
convention ad-
journ until the --- Tuesday of March
next.
And on the question thereupon, it passed
in the negative-
yeas, 8; nays, 24.
The yeas and nays being demanded, those
who voted in the
affirmative are:
Messrs. Abbot, Abrams, Bair, Browne,
Humphreys, Hun-
tington, Putnam and Smith.
Those who voted in the negative are:
Messrs. Baldwin, Byrd, Caldwell,
Carpenter, Cutler, Dar-
linton, Donalson, Dunlavy, Gatch,
Gilman, Goforth, Grubb,
Kirker, Kitchel, McIntire, Massie,
Milligan, Morrow, Paul,
Reily, Sargent, Updegraff, Wells and
Wilson.
And then the convention adjourned sine
die.
Attest: THOMAS SCOTT,
Secretary.
CONSTITUTION OF THE STATE OF OHIO-1802.
We, the people of the eastern division
of the territory of the
United States , northwest of the river
Ohio, having the right of
admission into the general government,
as a member of the
Union, consistent with the constitution
of the United States,
the ordinance of Congress of one
thousand seven hundred and
eighty-seven, and of the law of
Congress, entitled, "An act to
Constitution of the State of Ohio- 1802. 133
enable the people of the eastern
division of the territory of the
United States, northwest of the river
Ohio, to form a constitution
and State government, for the admission
of such State into the
Union, on an equal footing with the
original States, and for
other purposes," in order to
establish justice, promote the welfare
and secure the blessings of liberty to
ourselves and our posterity,
do ordain and establish the following
constitution or form of
government, and do mutually agree with
each other to form
ourselves into a free and independent
State, by the name of the
State of Ohio:
ARTICLE I.
OF THE LEGISLATIVE POWERS.
SECTION 1. The legislative
authority of this State shall be
vested in a General Assembly, which
shall consist of a Senate
and a House of Representatives, both to
be elected by the people.
(See Const. 1851, Art. II, § 1.)
SEC. 2. Within one year after the first
meeting of the
General Assembly, and within every subsequent
term of four
years, an enumeration of all the white
male inhabitants, above
twenty-one years of age, shall be made
in such manner as shall
be directed by law. The number of
Representatives shall, at the
several periods of making such
enumeration, be fixed by the
Legislature, and apportioned among the
several counties accord-
ing to the number of white male
inhabitants above twenty-one
years of age in each, and shall never be
less than twenty-four,
nor greater than thirty-six, until the
number of white male inhab-
itants, above twenty-one years of age,
shall be twenty-two thous-
and inhabitants; and, after that event,
at such ratio that the
whole number of Representatives shall
never be less than thirty-
six, nor exceed seventy-two. (See Const.
1851, Art. XI.)
SEC. 3. The Representatives shall be
chosen annually by
the citizens of each county,
respectively, on the Second Tuesday
of October. (See Const. 1851, Art. II, §
2.)
SEC. 4. No person shall be a Representative
who shall not
have attained the age of twenty-five
years, and be a citizen of the
United States, and an inhabitant of this
State; shall also have
134 Ohio Arch. and His. Society Publications.
resided within the limits of the county
in which he shall be chosen,
one year preceding his election, unless
he shall have been absent
on the public business of the United
States, or of this State, and
shall have paid a State or county tax.
(See Const. 1851, Art.
II, § 3.)
SEC. 5. The Senators shall be chosen
biennially, by the
qualified voters for Representatives;
and on their being con-
vened in consequence of the first
election, they shall be divided
by lot, from their respective counties
and districts, as near as
can be, into two classes; the seats of
the Senators of the first class
shall be vacated at the expiration of
the first year, and of the
second class at the expiration of the
second year; so that one-
half thereof, as near as possible, may
be annually chosen forever
thereafter. (See Const. 1851, Art. II, §
2.)
SEC. 6. The number of Senators shall, at
the several
periods of making the enumeration
beforementioned, be fixed
by the Legislature, and apportioned
among the several counties
or districts, to be established by law,
according to the number
of white male inhabitants of the age of
twenty-one years in each,
and shall never be less than one-third,
nor more than one-half,
of the number of Representatives.
SEC. 7. No person shall be a Senator who
has not arrived
at the age of thirty years, and is a
citizen of the United States;
shall have resided two years in the
county or district immediately
preceding the election, unless he shall
have been absent on the
public business of the United States, or
of this State; and shall,
moreover, have paid a State or county
tax. (See Const. 1851,
Art. II, § 2.)
SEC. 8. The Senate and House of
Representatives, when
assembled, shall each choose a speaker
and its other officers, be
judges of the qualifications and
elections of its members, and sit
upon its own adjournments; two-thirds of
each house shall con-
tinue a quorum to do business; but a
smaller number may ad-
journ from day to day, and compel the
attendance of absent
members. (See Const. 1851, Art. II, §§
6, 7.)
SEC. 9. Each house shall keep a journal
of its proceedings,
and publish them, the yeas and nays of
the members, on any
Constitution of the State of
Ohio-1802. 135
question shall, at the desire of any two
of them, be entered on
the journals. (See Const. 1851, Art. II,
§ 9.)
SEC. 10. Any two members of either house
shall have
liberty to dissent from, and protest
against, any act or resolu-
tion which they may think injurious to
the public or any indi-
vidual, and have the reasons of their
dissent entered on the
journals. (See Const. 1851, Art. II, §
10.)
SEC. 11. Each house may determine the
rules of the pro-
ceedings, punish its members for
disorderly behavior, and with
the concurrence of two-thirds, expel a
member, but not a second
time for the same cause; and shall have
all other powers necessary
for a branch of the Legislature of a
free and independent State.
(See Const. 1851, Art. II, § 8.)
SEC. 12. When vacancies happen in either
house, the Gov-
ernor or the person exercising the power
of the Governor, shall
issue writs of election to fill such
vacancies. (See Const. 1851,
Art. II, § 11.)
SEC. 13. Senators and Representatives
shall, in all cases,
except treason, felony or breach of the
peace, be privileged from
arrest during the session of the General
Assembly, and in going
to and returning from the same; and for
any speech or debate
in either house, they shall not be
questioned in any other place.
(See Const. 1851, Art. II, § 12.)
SEC. 14. Each house may punish, by
imprisonment during
their session, any person not a member,
who shall be guilty of
disrespect to the house, by any
disorderly or contemptuous beha-
vior in their presence; provided that
such imprisonment shall
not, at one time, exceed twenty-four
hours.
SEC. 15. The doors of each house, and of
committees of
the whole, shall be kept open, except in
such cases, as in the
opinion of the house, require secrecy.
Neither house shall, with-
out the consent of the other, adjourn
for more than two days,
nor to any other place than that in
which the two houses shall
be sitting. (See Const. 1851, Art. II,
§§ 13, 14.)
SEC. 16. Bills may originate in either
house, but may be
altered, amended or rejected by the
other. (See Const. 1851,
Art. II, § 15.)
136 Ohio Arch. and His. Society Publications.
SEC. 17. Every bill shall be read on
three different days
in each house, unless, in case of
urgency, three-fourths of the
house where such bill is so depending,
shall deem it expedient to
dispense with this rule, and every bill
having passed both houses,
shall be signed by the speakers of their
respective houses. (See
Const. 1851, Art. II, § 17.)
SEC. 18. The style of the laws of this
State shall be: Be
it enacted by the General Assembly of
the State of Ohio. (See
Const. 1851, Art. II, § 18.)
SEC. 19. The Legislature of this State
shall not allow the
following officers of government greater
annual salaries than as
follows, until the year one thousand
eight hundred and eight,
to-wit: The Governor not more than one
thousand dollars, the
judges of the Supreme Court not more
than one thousand dol-
lars each, the presidents of the Court
of Common Pleas not more
than eight hundred dollars each, the
Secretary of State not more
than five hundred dollars, the Auditor
of Public Accounts not
more than seven hundred and fifty
dollars, the Treasurer not more
than four hundred and fifty dollars; no
member of the Legislature
shall receive more than two dollars per
day during his attendance
on the Legislature, nor more for
twenty-five miles he shall travel
in going to and returning from the
General Assembly.
SEC. 20. No Senator or Representative
shall, during the
time for which he shall have been
elected, be appointed to any
civil office under this State, which
shall have been created, or
the emoluments of which shall have been
increased, during such
time. (See Const. 1851, Art. II, § 22.)
SEC. 21. No money shall be drawn from
the treasury, but
in consequence of appropriation made by
law. (See Const. 1851,
Art. II, § 22.)
SEC. 22. An accurate statement of the
receipts and expen-
ditures of the public money shall be
attached to, and published
with, the laws annually.
SEC. 23. The House of Representatives
shall have the sole
power of impeaching, but a majority of
all the members must
concur in an impeachment; all
impeachments shall be tried by
the Senate; and when sitting for that
purpose, the Senators shall
Constitution of the State of Ohio - 1802. 137
be upon oath or affirmation to do
justice according to law and
evidence; no person shall be convicted
without the concurrence
of two thirds of all the Senators. (See
Const. 1851, Art. II, §23.)
SEC. 24. The Governor, and all other
civil officers under
this State, shall be liable to
impeachment for any misdemeanor
in office; but judgment in such case
shall not extend further than
removal from office, and
disqualification to hold any office of
honor, profit, or trust, under this
State. The party, whether con-
victed or acquitted, shall nevertheless
be liable to indictment, trial
judgment and punishment, according to
law. (See Const. 1851,
Art. II, § 24.)
SEC. 25. The first session of the
General Assembly shall
commence on the first Tuesday of March
next; and, forever after,
the General Assembly shall meet on the
first Monday of Decem-
ber, in every year, and at no other
period, unless, directed, by
law, or provided for by this
constitution. (See Const. 1851, Art.
II, § 25.)
SEC. 26. No judge of any court of law or
equity, Secretary
of State, Attorney General, register
clerk of any court of record,
sheriff or collector, member of either
house of Congress, or person
holding any office under the authority
of the United States, or
any lucrative office under the authority
of this State (provided
that appointments in the militia or
justice of the peace, shall not
be considered lucrative offices), shall
be eligible as a candidate
for, or have a seat in the General
Assembly. (See Const. 1851,
Art. II, § 4.)
SEC. 27. No person shall be appointed to
any office within
any county, who shall not have been a
citizen and inhabitant
therein, one year next before his
appointments, if the county shall
have been so long erected, but if the
county shall not have been
so long erected, then within the limits
of the county or counties
out of which it shall have been taken.
SEC. 28. No person who heretofore hath
been, or hereafter
may be a collector or holder of public
moneys, shall have a seat
in either house of the General Assembly,
until such person shall
have accounted for, and paid into the
treasury, all sums for
which he may be accountable or liable.
(See Const. 1851, Art.
II, § 5.)
138 Ohio Arch. and His. Society Publications.
ARTICLE II.
OF THE EXECUTIVE.
SECTION 1. The supreme executive power of this State
shall be vested in a Governor. (See
Const. 1851, Art. III, § 5;
Art. VI, § 2.)
SEC. 2. The Governor shall be chosen by
the electors of
the members of the General Assembly, on
the second Tuesday
of October, at the same places, and in
the same manner, that they
shall respectively vote for members
thereof. The return of every
election for Governor, shall be sealed
up and transmitted to the
seat of government, by the returning
officers, directed to the
speaker of the Senate, who shall open
and publish them, in the
presence of a majority of the members of
each house of the Gen-
eral Assembly; the person having the
highest number of votes
shall be Governor; but if two or more
shall be equal and highest
in votes, one of them shall be chosen
Governor by joint ballot
of both houses of the General Assembly.
Contested elections
for Governor shall be determined by both
houses of the General
Assembly, in such manner as shall be
prescribed by law. (See
Const. 1851, Art. III, §§ 1, 3.)
SEC. 3. The first Governor shall hold
his office until the
first Monday of December, one thousand
eight hundred and five,
and until another Governor shall be
elected and qualified to office;
and forever after shall the Governor
hold his office for the term of
two years and until another governor
shall be elected and qual-
ified, but he shall not be eligible more
than six years in any term
of eight years. He shall be either
thirty years of age and have
been a citizen of the United States
twelve years and an inhabitant
of this State four years next preceding
his election. (See Const.
1851, Art. III, § 2.)
SEC. 4. He shall, from time to time,
give to the General
Assembly information of the state of the
government and rec-
ommend to their consideration such
measures as he shall deem
expedient. (See Const. 1851, Art. III, §
11.)
SEC. 6. The Governor shall, at stated
times, receive for
his service a compensation, which shall
neither be increased nor
Constitution of the State of
Ohio-1802. 139
diminished during the term for which he
shall have been elected.
(See Const. 1851, Art. III, § 19.)
SEC. 7. He may require information, in
writing, from the
officers in the executive department
upon any subject relating to
the duties of their respective offices,
and shall take that the laws
be faithfully executed. (See Const.
1851, Art. III, § 6.)
SEC. 8. When any officer, the right of
whose appointment
is, by this constitution, vested in the
General Assembly, shall dur-
ing the recess, die, or his office by
any means become vacant,
the Governor shall have power to fill
such vacancy by granting
a commission, which shall expire at the
end of the next session
of the Legislature.
SEC. 9. He may, on extraordinary
occasions, convene the
General Assembly, by proclamation, and
shall state to them,
when assembled, the purposes for which
they shall have been
convened. (See Const. 1851, Art. III, §
8.)
SEC. 10. He shall be commander-in-chief
of the army and
navy of this State, and of the militia,
except when they shall be
called into the service of the United
States. (See Const. 1851,
Art. III, § 10.)
SEC. 11. In case of disagreement between
the two Houses,
with the respect to the time of
adjournment, the Governor shall
have the power to adjourn the General
Assembly to such time
as he thinks proper; provided it is not
a period beyond the an-
nual
meeting of the Legislature. (See Const.
1851, Art. III, § 9.)
SEC. 12. In case of the death,
impeachment, resignation
or removal of the Governor from office,
the Speaker of the Senate
shall exercise the office of Governor
until he be acquitted or an-
other Governor shall be duly qualified.
In case of the impeach-
ment of the Speaker of the Senate, or
his death, removal from
office, resignation or absence from the
State, the Speaker of the
House of Representatives shall succeed
to the office and exer-
cise the duties thereof until a governor
shall be elected and qual-
ified. (See Const. 1851, Art. III, §§
15, 17.)
SEC. 13. No member of Congress, or
person holding any
office under the United States, or this
State, shall execute the
office of Governor. (See Const. 1851,
Art. III, § 14.)
140 Ohio Arch. and His. Society Publications.
SEC. 14. There shall be a seal of this
State, which shall be
kept by the Governor and used by him
officially, and shall be
called "The great Seal of the State
of Ohio." (See Const. 1851,
Art. III, § 12.)
SEC. 15. All grants and commissions
shall be in the name
and by the authority of the State of
Ohio, sealed with the seal,
signed by the Governor, and
countersigned by the Secretary.
(See Const. 1851, Art. III, § 13.)
SECRETARY OF STATE.
SEC. 16. A Secretary of State shall be
appointed by a joint
ballot of the Senate and House of
Representatives, who shall
continue in office three years, if he
shall so long behave himself
well. He shall keep a fair register of
all the official acts and pro-
ceedings of the Governor; and shall,
when required, lay the same,
and all papers, minutes and vouchers
relative thereto, before
either branch of the Legislature, and
shall perform such other
duties as shall be assigned him by law.
(See Const. 1851, Art.
III, §§ 1, 2.)
ARTICLE III.
OF THE JUDICIARY.
SECTION 1. The judicial power of this
State, both as to
matters of law and equity, shall be
vested in a Supreme Court,
in Courts of Common Pleas for each
county, in Justices of the
Peace, and in such other courts as the
Legislature may, from
time to time, establish. (See Const.
1851, Art. IV, § 1.)
SEC. 2. The Supreme Court shall consist
of three Judges,
and two of whom shall be a quorum. They
shall have original
and appellate jurisdiction both in
common law and chancery, in
such cases as shall be directed by law;
provided, that nothing
herein contained shall prevent the
General Assembly from add-
ing another Judge to the Supreme Court
after the term of five
years; in which case the Judges may
divide the State into two
circuits, within which any two of the
Judges may hold a court.
(See Const. 1851, Art. IV, § 2.)
SEC. 3. The several Courts of Common
Pleas shall con-
Constitution of the State of Ohio
-1802. 141
sist of a President and Associate
Judges. The State shall be
divided, by law, into three circuits;
there shall be appointed in
each circuit a President of the Courts
who, during his continuance
in office, shall reside therein. There
shall be appointed in each
county not more than three nor less than
two Associate Judges
who, during their continuance in office,
shall reside therein. The
President and Associate Judges, in their
respective counties, any
three of whom shall be a quorum, shall
compose the Court of
Common Pleas; which court shall have
common law and chan-
cery jurisdiction in all such cases as
shall be directed by law;
provided, that nothing herein contained
shall be construed to
prevent the Legislature from increasing
the number of circuits
and Presidents after the term of five
years. (See Const. 1851,
Art. IV, §§ 3, 4, 12.)
SEC. 4. The Judges of the Supreme Court
and Courts of
Common Pleas shall have complete
criminal jurisdiction in such
cases and in such manner as may be
pointed out by law. (See
Const. 1851, Art. IV, § 4.)
SEC. 5. The Court of Common Pleas in
each county shall
have jurisdiction of all probate and
testamentary matters, grant-
ing administration, the appointments of
guardians, and such other
cases as shall be prescribed by law.
(See Const. 1851, Art. IV,
§§ 4, 8.)
SEC. 6. The Judges of the Court of
Common Pleas shall,
within their respective counties, have
the same powers with the
Judges of the Supreme Court, to issue writs of certiorari to the
Justices of the Peace, and to cause
their proceedings to be brought
before them, and the like right and
justice to be done. (See
Const. 1851, Art. IV, § 4.)
SEC. 7. The Judges of the Supreme Court
shall, by virtue
of their offices, be conservators of the
peace throughout the State.
The President of the Courts of Common
Pleas shall, by virtue of
their offices, be conservators of the
peace in their respective cir-
cuits; and the Judges of the Courts of
the Common Pleas shall,
by virtue of their offices, be
conservators of the peace in their
respective counties.
SEC. 8. The Judges of the Supreme Court,
the President
and the Associate Judges of the Courts
of Common Pleas shall
142 Ohio Arch. and His. Society Publications.
be appointed by a joint ballot of both
Houses of the General
Assembly, and shall hold their offices
for the term of seven years,
if so long they behave well. The Judges
of the Supreme Court
and the President of the Court of Common
Pleas shall, at stated
times, receive for their services an
adequate compensation, to
be fixed by law, which shall not be
diminished during their con-
tinuance in office; but they shall
receive no fees or perquisites
of office, nor hold any other office of
profit or trust under the
authority of this State or the United
States. (See Const. 1851,
Art. IV, §§ 12, 14.)
SEC. 9. Each court shall appoint its own
clerk for the term
of seven years; but no person shall be
appointed clerk, except
pro tempore, who shall not produce to
the court appointing him
a certificate from a majority of the
Judges of the Supreme Court,
that they judge him to be well qualified
to execute the duties of
the office of clerk to any court of the
same dignity with that for
which he offers himself. They shall be
removable for breach of
good behavior at any time by the judges
of the respective courts.
(See Const. 1851, Art. IV, § 16.)
SEC. 10. The Supreme Court shall be held
once a year in
each county, and the Courts of Common
Pleas shall be holden
in each county, at such times and
places, as shall be prescribed
by law.
SEC. 11. A competent number of Justices
of the Peace
shall be elected by the qualified electors
in each township in the
several counties and shall continue in
office three years, whose
powers and duties shall, from time to
time, be regulated and
defined by law. (See Const. 1851, Art.
IV, § 9.)
SEC. 12. The style of all process shall
be, "The State of
Ohio"; all prosecutions shall be
carried on in the name and by
the authority of the State of Ohio, and
all indictments shall con-
clude, "against the peace and
dignity of the same." (See Const.
1851, Art. IV, § 20.)
ARTICLE IV.
OF ELECTIONS AND ELECTORS.
SECTION 1. In all elections, all
white male inhabitants
above the age of twenty-one years,
having resided in the State
Constitution of the State of Ohio-1802. 143
one year next preceding the election,
and who have paid or are
charged with a State or county tax,
shall enjoy the right of an
elector; but no person shall be entitled
to vote, except in the
county or district in which he shall
actually reside at the time of
the election. (See Const. 1851, Art. V,
§ 1.)
SEC. 2. All elections shall be by
ballot. (See Const. 1851,
Art. V, § 2.)
SEC. 3. Electors shall, in all cases
except treason, felony
or breach of the peace, be privileged
from arrest, during their
attendance at elections, and in going to
and returning from the
same. (See Const. 1851, Art. V, § 3.)
SEC. 4. The Legislature shall have full
power to exclude
from the privilege of electing, or being
elected, any person con-
victed of bribery, perjury, or any other
infamous crime. (See
Const. 1851, Art. V, § 4.)
SEC. 5. Nothing contained in this
article shall be so con-
strued as to prevent white male persons,
above the age of twenty-
one years, who are compelled to labor on
the roads of their re-
spective townships or counties, and who
have resided one year
in the State, from having the right of
an elector. (See Const.
1851, Art. V, § 1.)
ARTICLE V.
OF THE MILITIA OFFICERS.
SECTION 1. Captains and subalterns in
the militia shall
be elected by those persons in their
respective company districts
subject to military duty.
SEC. 2. Majors shall be elected by the
captains and sub-
alterns of the battalion.
SEC. 3. Colonels shall be elected by the
majors, captains
and subalterns of the regiment.
SEC. 4. Brigadier-generals shall be
elected by the com-
missioned officers of their respective
brigades.
SEC. 5. Majors general and
quartermasters general shall
be appointed by joint ballot of both
Houses of the Legislature.
SEC. 6. The Governor shall appoint the
adjutant-general.
The majors general shall appoint their
aids and other division
144 Ohio Arch. and His. Society Publications.
staff officers. The brigadiers general
shall appoint their brigade
majors and other brigade staff officers.
The commanding offi-
cers of regiments shall appoint their
adjutants, quartermasters
and other regimentals shall appoint
their adjutants, quartermas-
ters and other regimental staff
officers; and the captains and sub-
alterns shall appoint their
non-commissioned officers and mu-
sicians.
SEC. 7. The captains and subalterns of
the artillery and
cavalry shall be elected by the persons
enrolled in their respective
corps; and the majors and colonels shall
be appointed in such
manner as shall be directed by law. The
colonels shall appoint
their regimental staff; and the captains
and subalterns their non-
commissioned officers and musicians.
(See Const. 1851, Art. IX.)
ARTICLE VI.
OF CIVIL OFFICERS.
SECTION 1. There shall be elected in
each county one
sheriff and one coroner by the citizens
thereof who are qualified
to vote for members of the assembly;
they shall be elected at
the time and place of holding elections
for members of assembly;
they shall continue in office two years,
if they shall so long behave
well, and until successors be chosen and
duly qualified; provided,
that no person shall be eligible as
sheriff for a longer term than
four years in any term of six years.
(See Const. 1851, Art. X,
§§ 1-3.)
SEC. 2. The State Treasurer and Auditor
shall be trien-
nially appointed by a joint ballot of
both Houses of the Legis--
lature.
SEC. 3. All town and township officers
shall be chosen
annually by the inhabitants thereof duly
qualified to vote for
members of Assembly, at such time and
place as may be directed
by law. (See Const. 1851, Art. X, § 1.)
SEC. 4. The appointments of all civil
officers, not other-
wise directed by this constitution,
shall be made in such manner
as may be directed by law.
Constitution of the State of Ohio -1802. 145
ARTICLE VII.
OFFICIAL OATHS.
SECTION 1. Every person who shall be chosen or ap-
pointed to any office, or trust, or
profit under the authority of
this State shall, before the entering on
the execution thereof,
taking an oath or affirmation to support
the constitution of the
United States and of this State, and
also an oath of office. (See
Const. 1851, Art. XV, § 7.)
BRIBERY AT ELECTIONS.
SEC. 2. Any elector who shall receive
any gift or reward
for his vote in meat, drink, money or
otherwise, shall suffer such
punishment as the law shall direct; and
any person who shall,
directly or indirectly, give, promise or
bestow any such reward
to be elected, shall thereby be rendered
incapable, for two years,
to serve in the office for which he was
elected and be subject to
such other punishment as shall be
directed by law.
OF NEW COUNTIES.
SEC. 3. No new county shall be
established by the Gen-
eral Assembly which shall reduce the
county or counties, or either
of them, from which it shall be taken,
to less contents than four
hundred square miles; nor shall any
county be laid off of less
contents. Every new county, as to the
right of suffrage and
representation, shall be considered as a
part of the county or
counties from which it was taken until
entitled by numbers to
the right of representation. (See Const.
1851, Art. II, § 30.)
OF THE SEAT OF GOVERNMENT.
SEC. 4. Chillicothe shall be the seat of
government until
the year one thousand eight hundred and
eight. No money shall
be raised, until the year one thousand
eight hundred and nine,
by the Legislature of this State for the
purpose of erecting public
buildings for the accommodation of the
Legislature. (See Const.
1851, Art. XV, § 1.)
146
Ohio Arch. and His. Society Publications.
OF AMENDMENTS TO THE CONSTITUTION.
SEC. 5. That after the year one thousand
eight hundred
and six, whenever two-thirds of the
General Assembly shall think
it necessary to amend or change this
constitution, they shall rec-
ommend to the electors, at the next
election for members to the
General Assembly, to vote for or against
a convention, and if it
shall appear that a majority of the
citizens of the State, voting
for Representatives, have voted for a
convention, the General
Assembly shall, at their next session,
call a convention, to con-
sist of as many members as there shall
be in the General As-
sembly; to be chosen in the same manner,
at the same place,
and by the same electors that choose the
General Assembly; who
shall meet within three months after the
said election for the pur-
pose of revising, amending or changing
the constitution. But
no alteration of this constitution shall
ever take place, so as to
introduce slavery or involuntary
servitude into this State. (See
Const. 1851, Art. XVI, § 2.)
BOUNDARIES OF THE STATE.
SEC. 6. That the limits and boundaries
of this State be
ascertained, it is declared that they
are as hereafter mentioned;
that is to say: bounded on the east by
the Pennsylvania line; on
the south by the Ohio River to the mouth
of the Great Miami,
aforesaid; and on the north by an east
and west line and drawn
through the southerly extreme of Lake
Michigan, running east,
after intersecting the due north line,
aforesaid, from the mouth
of the Great Miami until it shall
intersect Lake Erie or the ter-
ritorial line, and thence with the same,
through Lake Erie, to
the Pennsylvania line aforesaid;
provided always, and it is hereby
fully understood and declared by this
convention, that if the
southerly bend or extreme of Lake
Michigan should extend so
far south, that a line drawn due east
from it should not intersect
Lake Erie, or if it should intersect the
said Lake Erie, east of
the mouth of the Miami River of the
Lake, then in that case, with
the assent of Congress of the United
States, the northern boun-
dary of this State shall be established
by, and extended to a direct
line running from the southern extremity
of Lake Michigan to
Constitution of the State of Ohio -1802. 147
the most northerly cape of the Miami
Bay, after intersecting the
due north line from the mouth of the
Great Miami River as afore-
said, thence northeast to the
territorial line, and, by the said ter-
ritorial line to the Pennsylvania line.
ARTICLE VIII.
BILL OF RIGHTS.
That the general, great and essential
principles of liberty and
free government may be recognized and
forever unalterably estab-
lished, we declare:
SECTION 1. That all men are born equally
free and in-
dependent, and have certain natural,
inherent and unalienable
rights; amongst which are the enjoying
and defending life and lib-
erty, acquiring, possessing and
protecting property, and pursuing
and obtaining happiness and safety; and
every free republican
government, being founded on their sole
authority, and organized
for the great purpose of protecting
their rights and liberties, and
securing their independence; to effect
these ends, they have at
all times a complete power to alter,
reform or abolish their gov-
ernment, whenever they may deem it
necessary. (See Const.
1851, Art. I, §§ 1, 2.)
SEC. 2. There shall be neither slavery
nor involuntary
servitude in this State, otherwise than
for the punishment of
crimes, whereof the party shall have
been duly convicted; nor
shall any male person, arrived at the
age of twenty-one years,
or female person arrived at the age of
eighteen years, be held to
serve any person as a servant, under the
pretense of indenture
or otherwise, unless such person shall
enter into such indenture
while in a state of perfect freedom, and
on a condition of a bona
fide consideration, received or to be
received, for their service,
except as before excepted. Nor shall any
indenture of any negro
or mulatto hereafter made and executed
out of the State, or
if made in the State, where the term of
service exceeds one
year, be of the least validity, except
those given in the case of
apprenticeships. (See Const. 1851, Art.
I, § 6.)
SEC. 3. That all men have a natural and
indefeasible right
to worship Almighty God according to the
dictates of con-
148 Ohio Arch. and His. Society Publications.
science; that no human authority can, in
any case whatever,
control or interfere with the rights of
conscience; that no man
shall be compelled to attend, erect or
support any place of wor-
ship, or to maintain any ministry,
against his consent, and that no
preference shall ever be given, by law,
to any religious society
or mode of worship, and no religious
test shall be required as
a qualification to any office of trust
or profit. But religion, mor-
ality and knowledge being essentially
necessary to good govern-
ment and the happiness of mankind,
schools and the means of
instructions shall forever be encouraged
by legislative provision
not inconsistent with the rights of
conscience. (See Const. 1851,
Art. I, § 7.)
SEC. 4. Private property ought and shall
ever be held
inviolate, but always subservient to the
public welfare, provided
a compensation in money be made to the
owner. (See Const.
1851, Art. I, § 19 and Note.)
SEC. 5. That the people shall be secure
in their persons,
houses, papers, and possessions, from
unwarrantable searches
and seizures; and that general warrants,
whereby an officer may
be commanded to search suspected places,
without probable
evidence of the fact committed, or to
seize any person or per-
sons not named, whose offenses are not
particularly described,
and without oath or affirmation, are
dangerous to liberty, and
shall not be granted. (See Const. 1851,
Art. I, § 14.)
SEC. 6. That the printing presses shall
be open and free
to every citizen who wishes to examine
the proceedings of any
branch of government, or the conduct of
any public officer, and
no law shall ever restrain the right
thereof. Every citizen has
an indisputable right to speak, write or
print, upon any subject,
as he thinks proper, being liable for
the abuse of that liberty.
In prosecutions for any publication
respecting the official conduct
of men in a public capacity, or where
the matter published is
proper for public information, the truth
thereof may always be
given in evidence; and in all
indictments for libels, the jury shall
have the right to determine the law and
the facts, under the direc-
tion of the court, as in other cases.
(See Const. 1851, Art. I, § 11.)
SEC. 7. That all courts shall be open,
and every person,
for an injury done him in his lands,
goods, person or reputation,
Constitution of the State of Ohio -1802. 149
shall have remedy by the due course of
law, and right and justice
administered, without denial or delay.
(See Const. 1851, Art.
I, § 16,)
SEC. 8. That the right of trial by jury
shall be inviolate.
(See Const. 1851, Art. I, § 5.)
SEC. 9. That no power of suspending laws
shall be exer-
cised, unless by the Legislature. (See
Const. 1851, Art. I, § 18.)
SEC. 10. That no person arrested or
confined in jail shall
be treated with unnecessary rigor, or be
put to answer any crim-
inal charge, but by presentment,
indictment or impeachment.
(See Const. 1851, Art. I, § 10.)
SEC. 11. That in all criminal
prosecutions the accused has
a right to be heard by himself and his
counsel to demand the
nature and cause of the accusation
against him, and to have a
copy thereof; to meet the witness face
to face; to have compul-
sory process for obtaining witnesses in
his favor, and in prosecu-
tions by indictment or presentment, a
speedy public trial, by an
impartial jury of the county or district
in which the offense shall
have been committed, and shall not be
compelled to give evidence
against himself, nor shall he twice be
put in jeopardy for the same
offense. (See Const. 1851, Art. I, §
10.)
SEC. 12. That all persons shall be
bailable by sufficient
sureties, unless for capital offenses,
where the proof is evident
or the presumption is great; and the
privilege of the writ of habeas
corpus shall not be suspended, unless
when the case of rebellion
or invasion, the public safety may
require it. (See Const. 1851,
Art. I, §§ 8, 9.)
SEC. 13. Excessive bail shall not be
required; excessive
fines shall not be imposed, nor cruel
and unusual punishment
inflicted. (See Const. 1851, Art. I, §
9.)
SEC. 14. All penalties shall be
proportioned to the nature
of the offense. No wise Legislature will
affix the same punish-
ment to the crimes of theft, forgery,
and the like, which they do
to those of murder and treason. When the
same undistinguished
severity is exerted against all
offenses, the people are led to forget
the real distinction in the crimes
themselves, and to commit the
most flagrant with as little compunction
as they do the slightest
offenses. For the same reasons, a
multitude of sanguinary laws
150 Ohio Arch. and His.
Society Publications.
are both impolitic and unjust; the true
design of all punishment
being to reform, not to exterminate
mankind.
SEC. 15. The person of a debtor, where
there is not strong
presumption of fraud, shall not be
continued in prison, after deliv-
ering up his estate for the benefit of
his creditor or creditors, in
such manner as shall be prescribed by
law. (See Const. 1851,
Art. I, § 15.)
SEC. 16. No ex post facto law nor any
law impairing the
validity of contracts, shall ever be
made; and no conviction shall
work corruption of blood, or forfeiture
of estate. (See Const.
1851, Art. II, § 28.)
SEC. 17. That no person shall be liable
to be transported
out of this State for any offense
committed in the State. (See
Const. 1851, Art. I, § 12.)
SEC. 18. That a frequent recurrence to
the fundamental
principles of civil government is
absolutely necessary to preserve
the blessings of liberty.
SEC. 19. That the people have a right to
assemble together,
in a peaceable manner, to consult for
their common good, to
instruct their Representatives, and to
apply to the Legislature for
a redress of grievances. (See Const.
1851, Art. I, § 3.)
SEC. 20. That the people have a right to
bear arms for the
defence of themselves and the State; and
as standing armies in
time of peace are dangerous to liberty,
they shall not be kept
up; and that the military shall be kept
under strict subordination
to the civil power. (See Const. 1851,
Art. I, § 4.)
SEC. 21. That no person in this State,
except such as
are employed in the army or navy of the
United States or militia
in actual service, shall be subject to
corporal punishment, under
the military law.
SEC. 22. That no soldier, in time of
peace, be quartered
in any house without the consent of the
owner, nor in time of
war, but in the manner prescribed by
law. (See Const. 1851,
Art. I, § 13.)
SEC. 23. That the levying taxes by the
poll is grievous
and oppressive; therefore the
Legislature shall never levy a poll
tax for county or State purposes. (See
Const. 1851, Art. XII,
§ 1.)
Constitution of the State of Ohio - 1802. 151
SEC. 24. That no hereditary emoluments,
privileges or
honors shall ever be granted or
conferred by this State. (See
Const. 1851, Art. I, § 17.)
SEC. 25. That no law shall be passed to
prevent the poor
in the several counties and townships,
within this State, from an
equal participation in the schools,
academies, colleges and uni-
versities within this State, which are
endowed, in whole or in
part, from the revenue arising from
donations made by the United
States, for the support of schools,
academies and universities,
shall be open for the reception of
scholars and students and
teachers, of every grade, without any
distinction or preference
whatever, contrary to the intent for
which said donations were
made.
SEC. 26. That laws shall be passed by
the Legislature
which shall secure to each and every
denomination of religious
societies, in each surveyed township,
which is now, or may
hereafter be formed in the State, an
equal participation accord-
ing to their number of adherents of the
profits arising from the
land granted by Congress, for the
support of religion, agreeably
to the ordinance or act of Congress
making the appropriation.
SEC. 27. That every association of
persons, when regu-
larly formed, within this State, and
having given themselves a
name, may on application to the
Legislature, be entitled to
receive letters of incorporation, to
enable them to hold estates,
real and personal, for the support of
their schools, academies,
colleges, universities, and for other
purposes.
SEC. 28. To guard against the
transgressions of the high
powers, which we have delegated, we
declare, that all powers, not
hereby delegated, remain with the
people. (See Const. 1851,
Art. I, § 20.)
SCHEDULE.
SECTION 1. That no evils or
inconveniencies may arise,
from the change of a territorial
government to a permanent State
government, it is declared by this
convention, that all rights, suits
actions, prosecutions, claims and
contracts, both as it respects
individuals and body corporate, shall
continue, as if no change
152 Ohio Arch. and His. Society Publications.
had taken place in the government. (See
Const, 1851, Sched.,
§ 1.)
SEC. 2. All fines, penalties and
forfeitures, due and owing
to the territory of the United States,
northwest of the river Ohio,
shall inure to the use of the State. All
bonds executed to the
Governor, or any other officer in his
official capacity, in the
territory, shall pass over to the
Governor and other officers of
the State, and their successors in
office, for the use of the State,
or by him or them to be respectively
assigned over to the use
of those concerned, as the case may be.
SEC. 3. The Governor, Secretary and
judges, and all other
officers under the territorial
government, shall continue in the
exercise of the duties of their
respective departments until the
said officers are superseded under the
authority of this constitu-
tion. (See Const. 1851, Sched., § 10.)
SEC. 4. All laws, and parts of laws, now
in force in this
territory, not inconsistent with this
constitution, shall continue
and remain in full effect, until
repealed by the Legislature, except
so much of the act entitled, "An
act regulating the admission
and practice of attorneys and
counsellors-at-law", and of the act
made amendatory thereto, as related to
the term of time which
the applicant shall have studied law,
his residence within the
territory, and the term of time which he
shall have practiced as
an attorney-at-law, before he can be
admitted to the degree of
a counsellor-at-law. (See Const. 1851,
Sched., § 1.)
SEC. 5. The Governor of the State shall
make use of his
private seal, until a State seal be
procured.
SEC. 6. The President of the convention
shall issue writs
of election to the sheriffs of the
several counties, requiring them to
proceed to the election of a Governor,
members of the General
Assembly, sheriffs and coroners, at the
respective election dis-
tricts in each county, on the second
Tuesday of January next;
which election will be conducted in the
manner prescribed by
the existing election laws of the
territory; and the members of
the General Assembly, then elected,
shall continue to exercise the
duties of their respective offices,
until the next annual or biennial
election thereafter, as prescribed in
this constitution, and no
longer.
Constitution of the State of Ohio--1802. 153
SEC. 7. Until the first enumeration
shall be made, as
directed in the second section of the
first article of the constitu-
tion, the county of Hamilton, shall be
entitled to four Senators
and eight Representatives; the county of
Clermont, one Senator
and two Representatives; the county of
Adams, one Senator and
three Representatives; the county of
Ross, two Senators and
four Representatives; the county of
Fairfield, one Senator and
two Representatives; the county of
Washington, two Senators and
three Representatives; the county of
Belmont, one Senator and
two Representatives; the county of
Jefferson, two Senators and
four Representatives, and the county of
Trumbull, one Senator
and two Representatives.
Done in convention, at Chillicothe, the
twenty-ninth day of
November, in the year of our Lord one
thousand eight hundred
and two, and of the independence of the
United States of America,
the twenty-seventh.
In testimony whereof, we have hereunto
subscribed our
names.
Edward Tiffin, President and
Representative from the county
of Ross.
Adams county, Joseph Darlington, Israel
Donalson, Thomas
Kirker.
Belmont county, Thomas Caldwell, Elijah
Woods.
Clermont county, Philip Gatch, James
Sargent.
Fairfield county, Henry Abrams, Emanuel
Carpenter.
Hamilton county, John W. Browne, Chas.
Willing Byrd,
Francis Dunlavy, William Goforth, John
Kitchel, Jeremiah Mor-
row, John Paul, John Reily, John Smith.
Jefferson county, Rudolph Bair, George
Humphrey, John
Milligan, Nathan Updegraff, Bazaleel
Wells.
Ross county, Michael Baldwin, James
Grubb, Nathaniel
Massie, Thomas Worthington.
Trumbull county, David Abbot, Samuel
Huntington.
Washington county, Ephraim Cutler,
Benjamin Ives Gil-
man, John McIntire, Rufus Putnam.
Attest: THOMAS SCOTT,
Secretary.
154
Ohio Arch. and His. Society Publications.
COMMUNICATION
FROM THE CONSTITUTIONAL CONVENTION TO
THE PRESIDENT
AND CONGRESS OF THE UNITED STATES.
CHILLICOTHE (N. W. T.), December 4, 1802.
Honored Sir:
Enclosed you will receive an address
from the convention
lately convened at this place for the
purpose of forming a con-
stitution and State Government for the
seventeenth State of
United America, and which has been made
my duty to enclose
to you, to be communicated to the
honorable body over which
you preside.
With every sentiment of respect, I have
the honor to be,
sir, your most obedient servant, EDWARD TIFFIN.
The Honorable the Speaker of the
House of
Representatives of the United States.
ADDRESS TO THE PRESIDENT AND BOTH HOUSES
OF CONGRESS
OF THE UNITED STATES.
The convention of the State of Ohio,
duly appreciating the
importance of a free and independent
State government, and
impressed with sentiments of gratitude
to the Congress of the
United States for the prompt and
decisive measures taken at their
last session, to enable the people of
the Northwestern Territory
to emerge from their colonial
government, and to assume a rank
among the sister States, beg leave to
take the earliest opportunity
of announcing to you this important
event.
On this occasion, the convention cannot
help expressing
their unequivocal approbation of the
measures pursued by the
present administration of the General
Government and of both
Houses of Congress, in diminishing the
public burdens, cultivat-
ing peace with all nations, and
promoting the happiness and
prosperity of our country.
Resolved, That the President of this convention do enclose
to the President of the United States,
to the President of the Sen-
ate, and to the Speaker of the House of
Representatives of the
United States, the foregoing address.
Done in convention, at Chillicothe, the
27th day of No-
vember, 1802. EDWARD TIFFIN,
President of the Convention.
THOMAS SCOTT, Secretary.
132
Ohio Arch. and His. Society Publications.
From Hamilton county, John W. Browne,
Charles Willing
Byrd, Francis Dunlavy, William Goforth,
John Kitchel, Jere-
miah Morrow, John Paul, John Reily, John
Smith and John
Wilson.
From Jefferson county, Rudolph Bair,
George Humphrey,
John Milligan, Nathan Updegraff and
Bazaleel Wells.
From Ross county, Michael Baldwin, James
Grubb, Natha-
niel Massie and T. Worthington.
From Trumbull county, David Abbot and
Samuel Hun-
tington.
From Washington county, Ephraim Cutler,
Benjamin Ives
Gillman, John McIntire and Rufus Putnam.
A motion was made and seconded that the
convention ad-
journ until the --- Tuesday of March
next.
And on the question thereupon, it passed
in the negative-
yeas, 8; nays, 24.
The yeas and nays being demanded, those
who voted in the
affirmative are:
Messrs. Abbot, Abrams, Bair, Browne,
Humphreys, Hun-
tington, Putnam and Smith.
Those who voted in the negative are:
Messrs. Baldwin, Byrd, Caldwell,
Carpenter, Cutler, Dar-
linton, Donalson, Dunlavy, Gatch,
Gilman, Goforth, Grubb,
Kirker, Kitchel, McIntire, Massie,
Milligan, Morrow, Paul,
Reily, Sargent, Updegraff, Wells and
Wilson.
And then the convention adjourned sine
die.
Attest: THOMAS SCOTT,
Secretary.
CONSTITUTION OF THE STATE OF OHIO-1802.
We, the people of the eastern division
of the territory of the
United States , northwest of the river
Ohio, having the right of
admission into the general government,
as a member of the
Union, consistent with the constitution
of the United States,
the ordinance of Congress of one
thousand seven hundred and
eighty-seven, and of the law of
Congress, entitled, "An act to