Ohio History Journal

78       Ohio Arch. and His. Society Publications.

 

the Atlantic, to the Ohio, to the said State, and through the same,

such roads to be laid out under the authority of Congress, with

the consent of the several States through which the road shall

pass; Provided always, That the three foregoing propositions

herein offered are on the conditions that the convention of the

said State shall provide, by an ordinance irrevocable without the

consent of the United States, that every and each tract of land

sold by Congress from and after the thirtieth day of June next,

shall be and remain exempt from any tax laid by order or under

authority of the State, whether for State, county, township, or any

other purpose whatever, for the term of five years from and after

the day of sale.

Approved April 30, 1802.

 

 

PROPOSITIONS

FROM THE OHIO CONSTITUTIONAL CONVENTION TO THE CON-

GRESS OF THE UNITED STATES, RELATING TO THE AD-

MISSION OF OHIO.

(ORDINANCE AND RESOLUTION PASSED IN CONVENTION, NOV. 29, 1802,

21 V., L. O., p. 44.)

We, the representatives of the people of the eastern division

of the territory northwest of the river Ohio, being assembled

in convention pursuant to an act of Congress, entitled "An act to

enable the people of the eastern division of the territory north-

west of the river Ohio to form a constitution and State govern-

ment, and for the admission of such State into the Union on an

equal footing with the original States, and for other purposes":

and, having had under our consideration the propositions offered

by the said act, for our free acceptance or rejection, do resolve

to accept of the said propositions, provided the following addi-

tion to and modification of the said propositions shall be agreed

to by the Congress of the United States, viz:

That, in addition to the first proposition, securing the sec-

tion No. 16, in every township within certain tracts, to the inhab-

itants thereof, for the use of schools, a like donation, equal to the

one thirty-sixth part of the amount of the lands in the United

States Military Tract, shall be made for the support of schools

• 1
 

Propositions, Etc.                   79

 

within that tract; and that the like provision shall be made for

the support of schools in the Virginia reservation, so far as the

unlocated lands in that tract will supply the proportion afore-

said, after the warrants issued from said State have been satis-

fied; and, also, that a donation of the same kind, or such pro-

visions as Congress shall deem expedient, shall be made to the

inhabitants of the Connecticut Reserve.

That all the lands which may hereafter be purchased of the

Indian tribes by the United States, and lying within the State of

Ohio, the one thirty-sixth part shall be given, as aforesaid, for

the support of public schools.

That all lands before mentioned to be appropriated by the

United States for the support of schools shall be vested in the

Legislature of this State, in trust, for said purpose.

That not less than three per cent. of the net proceeds of the

lands of the United States lying within the limits of the State

of Ohio, sold and to be sold after the thirtieth day of June last,

shall be applied in laying out roads within the State, under the

direction of the Legislature thereof.

And if the Congress of the United States shall agree to the

above addition to and modification of the said propositions, it is

hereby declared and ordained, that every and each tract of land

sold or to be sold by Congress, from and after the thirtieth day

of June last, shall be and remain exempt from any tax laid by

order or under the authority of this State, whether for State,

county, township, or any other purpose whatever, for the term

of five years after the day of sale, to be reckoned from the date

of certificate of the first quarterly payment.

That whereas Congress, by a law entitled "An act author-

izing the grant and conveyance of certain lands to John Cleves

Symmes and his associates," passed the fifth day of May, 1792,

did authorize the President of the United States to convey, by

letters patent, unto the said John Cleves Symmes and his asso-

ciates, their heirs and assigns, a certain tract of land therein

described; and did further authorize the President, by the act

aforesaid, to grant and convey unto the said John Cleves Symmes

and his associates, their heirs and assigns, in trust, for the pur-

pose of establishing an academy and other public schools and

• 2
 

80       Ohio Arch. and His. Society Publications.

 

seminaries of learning, one complete township, to be included

and located within such limits and lines of boundary as the Pres-

ident may judge expedient; and, in pursuance thereof, the Pres-

ident did convey unto the said John Cleves Symmes and his

associates, their heirs and assigns, by his letters patent, the afore-

said one complete township, to be located and accepted by the

Governor of the territory northwest of the river Ohio; and, inas-

much as the township aforesaid has never been located and ac-

cepted, agreeable to the provision of the said act:

The convention recommend the following propositions to

Congress, as an equivalent for the one complete township afore-

said, to wit: The lots numbered 8, 11, and 26, reserved in the

several townships for the future disposition of Congress, or so

many of the said lots as will amount to the number contained

in the aforesaid complete township, to be vested in the Legis-

lature, in trust, to and for the purposes for which the said town-

ship was originally intended to be designated by the Legislature

of this State.

Resolved, That Thomas Worthington be appointed a special

agent to lay the aforesaid resolution and propositions before

Congress; and that said agent do endeavor to procure the assent

of Congress thereto.

Passed in convention, at Chillicothe, the 29th day of No-

vember, 1802.

EDWARD TIFFIN,

THOMAS SCOTT,              President of the Convention.

Secretary.

 

 

FIRST CONSTITUTIONAL CONVENTION, CCNVENED

NOVEMBER 1, 1802.

 

JOURNAL OF THE CONVENTION.

Begun and held at the town of Chillicothe, in the county of

Ross, and territory aforesaid, on the first Monday in November

(being the first day thereof) 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.

On which day, being the time and place appointed for the

• 3
 

First Constitutional Convention.       81

 

meeting of the convention for the purpose of forming a consti-

tution and State government, by the act of Congress entitled

"An act to enable the people of the eastern division of the ter-

ritory northwest of the Ohio River to form a constitution and

State government, and for the admission of such State into the

Union on an equal footing with the original States and for other

purposes," the following members appeared, who produced cer-

tificates of their having been duly chosen to serve in the conven-

tion, and having severally taken the oath of fidelity to the United

States, and also an oath faithfully to discharge the duties of their

office, took their seats, to wit:

From the county of Adams: Joseph Darlinton, Thomas

Kirker and Israel Donaldson.

From the county of Belmont: James Caldwell.

From the county of Hamilton: Francis Dunlavy, Joseph

Paul, Jermiah Morrow, John Wilson, Charles Willing Byrd,

William Goforth, John Smith and John Reily.

From the county of Jefferson: Rudolph Bair, John Milligan

and George Humphrey.

From the county of Ross: Edward Tiffin, Nathaniel Massie,

Thomas Worthington, Michael Baldwin and James Grubb.

From the county of Trumbull: Samuel Huntington.

On motion, the convention proceeded to the choice of a

President protempore, when William Goforth, Esq., was chosen

and took the chair.

On motion the convention proceeded to the choice of a Sec-

retary protempore; whereupon Mr. William McFarland was

chosen and proceeded to the duties of his office.

On motion,

Resolved, That a standing committee of Privileges and Elec-

tions, to consist of five members, be chosen by ballot, whose duty

shall be to examine and report upon the credentials of the mem-

bers returned to serve in the convention, and to take into con-

sideration all such matters as shall or may be referred to them,

touching returns and elections, and to report their proceedings,

with their opinion thereon, to the convention.

And a committee was appointed of Mr. Worthington, Mr.

Darlington, Mr. Smith, Mr. Milligan and Mr. Huntington.

• 4
 

82       Ohio Arch. and His. Society Publications.

 

On motion the convention proceeded, by ballot, to the choice

of a door-keeper, to serve during the pleasure of the convention;

and upon examining the ballots, a majority of the votes was found

in favor of Adam Betz.

On motion,

Ordered, That a committee of three be appointed to prepare

and report rules for the regulation and government of the con-

vention; and that Mr. Reily, Mr. Milligan and Mr. Worthington,

be the said committee.

And then the convention then adjourned until to-morrow

morning, ten o'clock.

 

Tuesday, November 2, 1802.

Several other members, to wit: From the county of Belmont,

Elijah Woods; from the county of Fairfield, Emanuel Carpenter

and Henry Abrams; from the county of Jefferson, Bazaleel Wells

and Nathan Updegraff; from the county of Hamilton, John W.

Browne; and from the county of Washington, Rufus Putnam,

Ephraim Cuttler, John McIntire and Benjamin Ives Gilman, ap-

peared, who severally produced certificates of their having been

chosen as members of the convention, and having taken the oath

of fidelity to the United States, and also an oath faithfully to dis-

charge the duties of their office, took their seats.

Mr. Worthington, from the committee of Privileges and

Elections, to whom was referred the several returns of election

of members to serve in the convention, made a report, which he

delivered in at the Secretary's table, where the same was read in

the words following, to wit:

The committee of Privileges and Elections, to whom was

referred the certificates of the elections of the following members,

viz:

From the county of Adams: Joseph Darlington, Thomas

Kirker and Israel Donaldson, Esquires.

From the county of Belmont: James Caldwell, Esquire.

From the county of Clermont: Philip Gatch and James Sar-

gent, Esquires.

From the county of Hamilton: Francis Dunlavy, John Paul,

• 5
 

First Constitutional Convention.       83

 

Jermiah Morrow, John Wilson, Charles Willing Byrd, William

Goforth, John Smith and John Reily, Esquires.

From the county of Jefferson: Rudolph Bair, John Milligan

and George Humphrey, Esquires.

From the county of Ross, Edward Tiffin, Nathaniel Massie,

Thomas Worthington, Michael Baldwin and James Grubb, Es-

quires.

From the county of Trumbull: Samuel Huntington, Esquire.

Having carefully examined the same, find them regular and

agreeable to a law of the territory entitled "An act to ascertain

the number of free male inhabitants of the age of twenty-one

in the territory of the United States northwest of the river Ohio;

and to regulate the elections of the Representatives of the same;"

and that the members aforesaid, from the certificates to us re-

ferred, appear duly elected.

The said report was again read; and on the question, there-

upon agreed to by the convention.

On motion,

Resolved, That the convention proceed, by ballot, to the

choice of a President.

The convention accordingly proceeded to choose their Pres-

ident; and, upon examining the ballots, it was found that Edward

Tiffin, Esquire, was duly chosen, who accordingly took his seat

in the chair, and delivered the following address:

Gentlemen: I beg you to be assured that I duly appreciate

the honor you have conferred in selecting me to preside over

your deliberations on this important occasion; the duties of the

chair will, I presume, be pleasing and easy, for, from the known

characters of the gentlemen who compose this convention, there

can be no doubt but that the utmost propriety and decorum will

be observed, without the aid of interference from the chair.

Whatever rules you may adopt for the government of the con-

vention shall be strictly observed; and in every decision, which

may be required from the chair, the utmost impartiality shall be

evinced.

On motion,

Resolved, That the convention proceed, by ballot, to the

choice of a Secretary, and that the person having a plurality of

votes be elected.

• 6
 

84       Ohio Arch. and His. Society Publications.

 

The convention accordingly proceeded to choose their Sec-

retary, and, upon examining the ballots, it was found that Thomas

Scott, Esquire, was duly chosen, who thereupon took the oath

of fidelity to the United States, and also an oath faithfully to

discharge the duties of his office.

On motion,

Resolved, That the convention proceed, by ballot, to the

choice of an Assistant-Secretary.

The convention accordingly proceeded to the choice of an

Assistant-Secretary; and, upon examining the ballots, a majority

of the votes of the whole number was found in favor of Mr. Wil-

liam McFarland, who thereupon took the oath of fidelity to the

United States, and also an oath faithfully to discharge the duties

of his office.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

 

Wednesday, November 3, 1802.

Another member, to wit, from the county of Hamilton, John

Kitchel, who appeared, produced a certificate of his having been

duly chosen as a member of the convention; and having taken

the oath of fidelity to the United States, and also an oath faith-

fully to discharge the duties of his office, took his seat.

Mr. Reily, from the committee appointed to prepare and

report rules for the regulation and government of the conven-

tion, made a report which was received and read; whereupon,

Resolved, That the same be established as the standing rules

and orders of the convention.

 

STANDING RULES AND ORDERS OF THE CONVENTION.

1. The President shall take the chair every day at the hour

to which the convention shall have adjourned on the preceding

day; shall immediately call the members to order; and, on the

appearance of a quorum, shall cause the Journal of the preced-

ing day to be read.

2. The President shall preserve decorum and order; may

speak to points of order in preference to other members, rising

• 7
 

First Constitutional Convention.         85

 

from the chair for that purpose; and shall decide questions of

order, subject to an appeal to the convention by any one member.

3. The President, rising from his seat, shall distinctly put

the question in this form, viz: "You who are of opinion that (as the

case may be) say Aye; contrary opinion say No."

4. If the President doubts, of a division be called for, the

members shall divide -those in the affirmative first rising in

their seats, and afterwards those in the negative. If a count be

required by any member, the President shall name two members,

one from each side, to tell the numbers, beginning with the affirm-

ative, report of the same being made to the President, he, rising

from his seat, shall state the decision.

5. Any member may call for a statement of the question,

which the President may give sitting.

6. The President, with five members, shall be a sufficient

number to adjourn; seven to call a House and send for absent

members, and make an order for their censure or discharge; and

a majority of the whole number, consisting of two-thirds of the

whole number elected, be a quorum to proceed to business.

7. When a member is about to speak in debate or deliver

any matter to the convention, he shall rise from his seat and

respectfully address himself to the Mr. President.

8. If any member, in speaking or otherwise, trangress the

rules, the President shall, or any member may, call to order;

in which case the member so called to order shall immediately

sit down, unless permitted to explain; and the convention shall,

if appealed to, decide on the case, but without debate. If the

decision be in favor of the member called to order he shall be

at liberty to proceed; if otherwise, and the case require it, he

shall be liable to the censure of the convention.

9. When two or more happen to rise at the same time, the

President shall name the person who is first to speak.

10. No member shall speak more than twice to the same

question, without leave of the Convention.

11. While the President is putting the question or address-

ing the convention, none shall walk out or across the room; nor,

when a member is speaking, entertain private discourse or pass

between him and the chair.

• 8
 

86        Ohio Arch. and His. Society Publications.

 

12. No member shall vote on any question or in any case

where he was not present when the question was put.

13. Upon calls of the convention for taking the yeas and

nays on any question, the names of the members shall be called

alphabetically; and each member shall answer from his seat.

14. Any member shall have the right to call for the yeas

and nays, provided he shall request it before the question be put.

15. When a motion is made and seconded, it shall be stated

by the President, or, being in writing, shall be read aloud by the

Secretary; and every motion shall be reduced to writing, if the

President or any member require it.

16. Any member may call for a division of the question,

where the sense will admit of it.

where the sense will admit of it.

17. Each member shall particularly forbear personal re-

flection; nor shall any member name another in argument or

debate.

18. After a motion is stated by the President or read by

the Secretary, it shall be deemed to be in posession of the con-

vention, but may be withdrawn at any time before a decision or

amendment.

19. When a question is under debate, no motion shall be

received unless it be the previous question, or for amending or

committing the original motion or subject in debate.

20. The previous question shall be in this form, "Shall the

main question be now put?" It shall only be admitted when

demanded by three members; and, until it is decided, it shall

preclude all amendment and further debate on the original

motion.

21. In taking the sense of the convention, a majority of the

votes of the members present shall govern.

22. If any member fails in attending to his duty, such officer

as may be appointed for that purpose, by order of the convention

shall take him into custody, for which the officer shall receive one

dollar per day for the time he is traveling to and fro from the

place of residence of the member, and until he is admitted to

his seat, to be paid by the delinquent.

23. No resolution, section, or article in the constitution shall

• 9
 

First Constitutional Convention.        87

 

be finally concluded and agreed upon, until the same shall have

received three general readings.

24. The convention shall resolve itself into a committee of

the whole when deemed necessary; and, when in committee of

the whole, shall be governed by the foregoing rules, except that

in committee of the whole, any member shall speak as often as

he may think proper.

25. The President shall appoint committees, liable to addi-

tion or amendment, on the motion of any member, unless other-

wise directed by the convention.

26. A motion to adjourn shall always be in order, and be

decided without debate.

A motion was made and seconded, that Arthur St. Clair,

Sen., Esq., be permitted to address the convention on those points

which he deems of importance.

And on the question thereupon it was resolved in the affirm-

ative-yeas, 19; nays, 14.

Those who voted in the affirmative are:

Messrs. Bair, Browne, Caldwell, Cutler, Dunlavy, Gilman,

Humphrey, Huntington, McIntire, Massie, Morrow, Paul, Put-

nam, Reily, Sargent, Smith, Updegraf, Wells and Woods.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Carpenter, Darlington, Donald-

son, Gatch, Goforth, Grubb, Kitchel, Kirker, Milligan, Wilson

and Worthington.

And thereupon Arthur St. Clair, Sr., Esq., was permitted to

address the convention.

On motion, leave was given to lay before the convention a

resolution on the subject of forming a constitution and State gov-

ernment; which resolution was received and read the first time.

On motion, the said resolution was read the second time;

and thereupon

Resolved, That the convention will immediately resolve itself

into a committee of the whole on the said resolution.

The convention accordingly resolved itself into the said

committee, Mr. Goforth in the chair, and after some time spent

therein, Mr. President resumed the chair, and Mr. Goforth re-

• 10
 

88       Ohio Arch. and His. Society Publications.

 

ported that the committee had, according to order, had the said

resolution under consideration and made no amendment thereto.

The said resolution was then amended at the Secretary's

table and read the third time; on the question that the convention

do agree to the same, in the words following;

WHEREAS, Congress did, by the law entitled, "An act to

enable the people of the eastern division of the territory north-

west of the river Ohio, to form a constitution and State govern-

ment, and for the admission of said State into the Union, on an

equal footing with the original States, and for other purposes"

(provide), that the members of the convention thus duly elected,

agreeably to the act aforesaid, when met, shall first determine,

by a majority of the whole number elected, whether it be or not

be expedient, at this time, to form a constitution and a State gov-

ernment for the people within the said territory; therefore,

Resolved, That it is the opinion of the convention, that it is

expedient, at this time, to form a constitution and State govern-

ment.

It was resolved in the affirmative: Yeas, 32; nays, 1.

The yeas and nays being demanded, those who voted in

the affirmative are:

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Caldwell,

Carpenter, Darlinton, Donaldson, Dunlavy, Gatch, Gilman, Go-

forth, Grubb, Humphrey, Huntington, Kirker, Kitchel, McIntire,

Massie, Milligan, Morrow, Paul, Putnam, Reily, Sargent, Smith,

Updegraff, Wells, Wilson, Woods and Worthington.

The vote in the negative was Mr. Cutler.

On motion,

Resolved, That a committee be appointed, to consist of one

member from each county, to prepare and report a preamble

and the first article of the constitution.

And a committee was appointed, to-wit: From the county

of Hamilton, Mr. Byrd; from the county of Clermont, Mr. Gatch;

from the county of Adams, Mr. Darlinton; from the county of

Ross, Mr. Massie; from the county of Fairfield, Mr. Carpenter;

from the county of Washington, Mr. Putnam; from the county

of Jefferson, Mr. Milligan; from the county of Trumbull, Mr.

Huntington, and from the county of Belmont, Mr. Caldwell.

On motion,

• 11
 

First Constitutional Convention.        89

 

Ordered, That the following persons be added to the said

committee, to-wit: From the county of Hamilton, Mr. Paul and

Mr. Smith; from the county of Adams, Mr. Kirker; from the

county of Ross, Mr. Worthington; from the county of Wash-

ington, Mr. Gilman, and from the county of Jefferson, Mr. Wells.

On motion,

Ordered, That Mr. McFarland, Assistant Secretary, attend

the said committee.

On motion,

Resolved, That a committee of two be appointed to provide

fuel and stationery; also, to contract for the necessary printing

for the convention, and that Mr. Massie and Mr. Grubb be the

said committee.

Mr. Worthington, from the committee of Privileges and

Elections, to whom was referred the several returns of elections

of members to serve in the convention, made a report, which he

delivered in at the Secretary's table, where the same was read as

followeth:

The committee of Privileges and Elections, to whom was

referred the certificates of election of the following members,

viz: From the county of Belmont, Elijah Woods, Esq.; from the

county of Fairfield, Emanuel Carpenter and Henry Abrams,

Esqs.; from the county of Hamilton, John W. Browne and John

Kitchel, Esqs.; from the county of Jefferson, Nathan Updegraff

and Bazaleel Wells, Esqs., and from the county of Washington,

Rufus Putnam, Ephraim Cutler, John McIntire and Benjamin

Ives Gilman, Esqs., having carefully examined the same, report

that from the certificates to us referred the members aforesaid

appear duly elected.

The said report was again read; and, on the question there-

upon, agreed to by the convention.

And then the convention then adjourned until to-morrow,

12 o'clock.

 

 

Thursday, November 4, 1802.

Mr. Putnam, from the committee appointed to prepare and

report a preamble, and the first article of the constitution, re-

• 12
 

90       Ohio Arch. and His. Society Publications.

 

ported a preamble to the constitution, which was received and

read the first time; whereupon,

Resolved, That the convention will immediately resolve itself

into a committee of the whole convention on the said preamble.

The convention, accordingly, resolved itself into the said

committee, Mr. Reily in the chair; and, after some time spent

therein, Mr. President resumed the chair, and Mr. Reily reported

that the committee had, according to order, had the said pre-

amble under consideration, and made an amendment thereto,

which he delivered in at the Secretary's table.

Ordered, That the said preamble, with the amendment, do-

lie on the table.

On motion,

Ordered, That the committee appointed to provide fuel and

stationery, also to contract for the printing for the present con-

vention, be directed to inquire of the printer what seven hun-

dred copies of the Journal and constitution will cost; what every

additional three hundred copies will cost, and report the same

to the convention.

On motion,

Ordered, That a committee of three be appointed to revise

the Journal of the convention before it goes to the press.

And a committee was appointed of Mr. Reily, Mr. Gilman

and Mr. Donaldson.

On motion,

Ordered, That a committee of nine be appointed to prepare

and report a bill of rights and a schedule for the purpose of carry-

ing into complete operation the constitution and government.

And a committee was appointed of Mr. Goforth, Mr. Dun-

lavy, Mr. Browne, Mr. Baldwin, Mr. Grubb, Mr. Woods, Mr.

Updegraff, Mr. Cutler and Mr. Donaldson.

And then the convention adjourned until to-morrow, 12

o'clock.

 

Friday, November 5, 1802.

A motion was made and seconded that the convention

expunge from their Journal the resolution and all the proceed-

• 13
 

First Constitutional Convention.         91

 

ings relative thereto which authorized the President to enclose

to his excellency the Governor, and those members of the terri-

torial Legislature who are not in the convention, their opinion

on the impropriety of holding another session of the territorial

Legislature.

And on the question, "Will the convention agree to the

same?" it was resolved in the affirmative-yeas, 25; nays, 8.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abrams, Bair, Browne, Cutler, Donalson, Dunlavy,

Gatch, Gilman, Goforth, Grubb, Humphrey, Huntington, Kirker,

Kitchel, McIntire, Morrow, Paul, Putnam, Reily, Sargent, Smith,

Updegraff, Wells, Wilson and Woods.

Those who voted in the negative are:

Messrs. Baldwin, Byrd, Caldwell, Carpenter, Darlinton,

Massie, Milligan and Worthington.

On motion,

Resolved, That the President, in behalf of the convention,

request the Governor to dissolve or prorogue the present terri-

torial Legislature.

Mr. Massie, from the committee directed to inquire of the

printers what seven hundred copies of the constitution will cost,

also what every additional three hundred copies will cost, made

a report, which was received and read the first time; whereupon,

Ordered, That the said report be committed to Mr. Smith,

Mr. Darlington, Mr. Massie, Mr. Cutler and Mr. Barr.

And then the convention adjourned until to-morrow morn-

ing, 10 o'clock.

 

Saturday, November 6, 1802.

Mr, Putnam, from the committee appointed to prepare and

report a preamble, and the first article of the constitution, re-

ported the first article of the constitution, which was received

and read the first time; whereupon,

Ordered, That the said article be committed to a committee

of the whole convention on Monday next.

On motion,

• 14
 

92        Ohio Arch. and His. Society Publications.

 

Ordered, That forty copies of the same articles be printed

for the use of the members and officers of the convention.

On motion,

Ordered, That a committee be appointed to prepare and

report the second article of the constitution on the supreme

executive authority.

And a committee was appointed of Messrs. Paul, Byrd,

Smith, Catch, Darlington, Kirker, Massie, Worthington, Car-

penter, Putnam, Gilman, Huntington, Milligan, Wells and Cald-

well.

The convention proceeded to consider the amendment re-

ported on Thursday last, from the committee of the whole con-

vention, to the preamble to the constitution; and the same being

read was agreed to.

And then the convention proceeded to consider the amend-

ment reported on Thursday last, from the committee of the

whole convention, to the preamble of the constitution; and the

same being read was agreed to.

And then the convention adjourned until Monday morning,

10 o'clock.

 

Monday, November 8, 1802.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention on the first article

of the constitution, Mr. Darlinton in the chair; and after some

time spent therein, Mr. President resumed the chair, and Mr.

Darlinton reported that the committee had, according to order,

had the said article under consideration and made some progress

therein.

Resolved, That the convention will to-morrow again resolve

itself into a committee of the whole convention on the said article.

And then the convention adjourned until to-morrow morn-

ing, 10 o'clock.

 

Tuesday, November 9, 1802.

Mr. Massie, from the committee appointed to prepare and

report the second article of the constitution on the supreme

• 15
 

First Constitutional Convention.        93

 

executive authority, made report, which was received and read

the first time; whereupon,

Ordered, That the said article be committed to a committee

of the whole convention to-morrow.

Mr. Smith, from the committee to whom was referred the

proposals of Mr. Nathaniel Willis, and Messrs. Carpenter and

Findlay, for printing the Journal and constitution now framing,

made a report, which was received and read the first time, and

ordered to lie on the table.

The convention, according to the order of the day, again

resolved itself into a committee of the whole convention, on the

first article of the constitution, Mr. Darlinton in the chair; and

Mr. Darlinton reported that the committee had, according to

order, again had the said article under consideration, and made

several amendments thereto, which he delivered in at the Secre-

tary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

On motion,

Ordered, That a committee be appointed to prepare and

report the third article of the constitution on the judiciary.

And a committee was appointed of Mr. Paul, Mr. Byrd, Mr.

Smith, Mr. Gatch, Mr. Darlinton, Mr. Kirker, Mr. Massie, Mr.

Worthington, Mr. Carpenter, Mr. Putnam, Mr. Gilman, Mr.

Milligan, Mr. Wells, Mr. Caldwell and Mr. Huntington.

And then the convention adjourned until to-morrow morn-

ing, 10 o'clock.

 

Wednesday, November 10, 1802.

A motion was made and seconded that Mr. Nathaniel Willis

be appointed printer to the convention.

And on the question thereupon, it was resolved in the affirm-

ative-yeas, 27; nays, 5.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Caldwell,

Carpenter, Darlinton, Donaldson, Gatch, Gilman, Goforth,

• 16
 

94        Ohio Arch. and His. Society Publications.

 

Grubb, Humphrey, Huntington, Kirker, McIntire, Massie, Mil-

ligan, Morrow, Putnam, Sargent, Smith, Updegraff, Wilson,

Woods and Worthington.

Those who voted in the negative are:

Messrs. Dunlavy, Kitchel, Paul, Reily and Wells.

On motion,

Ordered, That Mr. Baldwin be added to the committee

appointed to prepare and report the third article of the constitu-

tion on the judiciary.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention on the second

article of the constitution on the supreme executive authority,

Mr. Massie in the chair; and after some time spent therein, Mr.

President resumed the chair, and Mr. Massie reported that the

committee had, according to order, had the said article under

consideration, and made several amendments thereto, which he

delivered in at the Secretary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

On motion,

Ordered, That Mr. Reily be added to the committee ap-

pointed to prepare and report a bill of rights and a schedule for

the purpose of carrying into complete operation the constitution

and government.

On motion,

That a committee be appointed to contract with Mr. Natha-

niel Willis, printer, of Chillicothe, for the printing of seven hun-

dred copies of the Journal of the convention, and one thousand

copies of the constitution, now framing, in octavo, on the terms

proposed by the said Willis; and also for such printing as may

be found necessary during the sitting of the convention, on the

same terms that such printing hath heretofore been contracted

for by the Legislature of the territory; and that Mr. Darlinton and

Mr. Reily be the said committee.

And then the convention adjourned until to-morrow morn-

ing, 12 o'clock.

• 17
 

First Constitutional Convention.        95

 

Thursday, November 11, 1802.

Mr. Goforth, from the committee appointed to prepare and

report a bill of rights and a schedule for the purpose of carrying

into complete operation the constitution and government, re-

ported a bill of rights, which was received and read the first time;

whereupon,

Ordered, That the said bill of rights be committed to a com-

mittee of the whole convention to-morrow.

And then the convention adjourned until to-morrow morn-

ing, 12 o'clock.

 

Friday, November 12, 1802.

On motion,

Ordered, That a committee of five be appointed to prepare

and report the fourth article of the constitution, designating the

qualification of electors.

And a committee was appointed of Mr. Morrow, Mr. Paul,

Mr. Kirker, Mr. Grubb and Mr. Bair.

Mr. Smith, from the committee appointed to prepare and

report the third article of the constitution on the judiciary, made

a report, which was received and read the first time; whereupon,

Ordered, That the said article be committed to a committee

of the whole convention to-morrow.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention, on the bill of

rights, Mr. Worthington in the chair; and after some time spent

therein, Mr. President resumed the chair, and Mr. Worthington

reported that the committee had, according to order, had the

said bill of rights under consideration, and made several amend-

ments thereto, which he delivered in at the Secretary's table.

Ordered, That the said bill of rights, with the amendments,

do lie on the table.

Another member, to-wit: From the county of Trumbull,

David Abbot, who appeared, produced a certificate of his having

been duly chosen as a member in the convention, and having

taken the oath of fidelity to the United States, and also an oath

to faithfully discharge the duties of his office, took his seat.

• 18
 

96        Ohio Arch. and His. Society Publications.

 

On motion leave was given to lay before the convention a

resolution for submitting the constitution, or frame of govern-

ment, now preparing, to the people of the eastern division of the

territory northwest of the Ohio, for their acceptance or disappro-

bation, which resolution was received and read the first time;

whereupon,

Ordered, That the said resolution be committed to a com-

mittee of the whole convention to-morrow.

On motion,

Ordered, That a committee of six be appointed to prepare

and report the sixth article of the constitution, designating the

manner in which sheriffs, coroners, and certain other civil officers

shall be chosen or appointed.

And a committee was appointed of Messrs. Kitchel, Wilson,

McIntire, Abbot, Gilman and Baldwin.

On motion,

Ordered, That a committee of five be appointed to prepare

and report the fifth article of the constitution, declaring the

manner in which militia officers shall be chosen or appointed.

And a committee was appointed of Mr. Putnam, Mr. Byrd,

Mr. Massie, Mr. Worthington and Mr. Sargent.

And then the convention adjourned until to-morrow morn-

ing, 10 o'clock.

 

Saturday, November 13, 1802.

Mr. Worthington, from the committee appointed to prepare

and report the fifth article of the constitution, declaring the man-

ner in which militia officers shall be chosen or appointed, made

a report, which was received and read the first time; whereupon,

Ordered that the said article be committed to a committee

of the whole convention on Monday next.

Mr. Morrow, from the committee appointed to prepare and

report the fourth article of the constitution, designating the qual-

ifications of electors, made a report, which was received and read

the first time; whereupon,

Ordered, That the said article be committed to a committee

of the whole convention on Monday next.

• 19
 

First Constitutional Convention.        97

 

The convention, according to the order of the day, resolved

itself into a committee of the whole convention, on the resolution

for submitting the constitution or frame of government, now pre-

paring for the people of the eastern division of the territory north-

west of the Ohio, for their acceptance or disapprobation, Mr.

Byrd in the chair; and after some time spent therein, Mr. Pres-

ident resumed the chair, and Mr. Byrd reported that the com-

mittee had, according to order, had the said resolution under

consideration, and directed him to report to the convention their

disagreement to the same.

On the question that the convention do agree with the com-

mittee of the whole convention, in their disagreement to the said

resolution, in the words following:

Resolved, That the constitution or frame of government by

this convention prepared for the people of the eastern division

of the territory northwest of the Ohio, be submitted to them for

their acceptance and confirmation, in the following manner, to

wit: Meetings of the people for that purpose shall be holden in

the several election districts in each county on the - day of

-- next, at which meetings the opinion of the people shall be

taken by ballot; those who are for accepting the constitution

shall give in a ballot with the word "Yea" wrote thereon, and

those in the negative opinion a ballot with the word "Nay" on it.

Judges shall be chosen to preside, who shall receive, count, and

certify the number of yeas and nays to the Prothonotary, in the

same manner as provided by law for the election of Representa-

tives to the General Assembly; the Prothonotary, in the pres-

ence of the Sheriff and two Justices of the Peace, shall count the

yeas and nays, and make return thereof, sealed up, to - on

or before the -    day of

And be it further

Resolved, That -- be, and they are hereby, appointed a

committee, who, on the -   day of  next, shall meet at

and they, or a majority of them, shall open the returns of the

several Prothonotaries and count the number of yeas and nays,

and if there appears a majority of the people for accepting the

constitution, the committee shall give notice thereof in the news-

papers printed at Cincinnati, Chillicothe and Marietta; and the

election of the Governor and members of the two Houses of

the General Assembly shall proceed as provided for by the con-

stitution. But if it appears that there is not a majority of the

people for accepting of the constitution, then the committee

• 20
 

98        Ohio Arch. and His. Society Publications.

 

aforesaid be, and they are hereby, vested with power, in the

name and by the authority of this convention, to call another

convention for the purpose of amending this or forming a con-

stitution, to be confirmed, by the said convention, without fur-

ther reference to the people.

It was resolved in the affirmative: yeas, 27; nays, 7.

Those who voted in the affirmative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, Byrd, Cald-

well, Carpenter, Darlinton, Donalson, Dunlavy, Gatch, Goforth,

Grubb, Humphrey, Huntington, Kirker, Kitchel, Massie, Milli-

gan, Morrow, Paul, Sargent, Smith, Wilson, Woods and Worth-

ington.

Those who voted in the negative are:

Messrs. Cutler, Gilman, McIntire, Putnam, Reily, Upde-

graff and Wells.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention on the third article

of the constitution on the judiciary, Mr. Smith in the chair, and

after some time spent therein, Mr. President resumed the chair,

and Mr. Smith reported that the committee had, according to

order, had the said article under consideration and made some

progress therein.

Resolved, That the convention will, on Monday next, again

resolve itself into a committee of the whole convention on the

said article.

And then the convention adjourned until Monday morning,

ten o'clock.

 

Monday, November 15, 1802.

The convention, according to the order of the day, again

resolved itself into a committee of the whole convention, on the

third article of the constitution of the judiciary, Mr. Massie in

the chair; and after some time spent therein, Mr. President re-

sumed the chair; and Mr. Massie reported that the committee

had, according to order, again had the said article under consid-

eration, and made a further progress therein.

Resolved, That the convention will to-day again resolve itself

into a committee of the whole convention on the said article.

• 21
 

First Constitutional Convention.        99

 

Mr. Worthington, from the committee of Privileges and

Elections, to whom was referred the return of election of David

Abbot, from the county of Trumbull, to serve in the convention,

made a report, which he delivered in at the Secretary's table,

where the same was read and agreed to, in the words following,

to wit:

The committee of Privileges and Elections, having exam-

ined the certificate of the election of David Abbot, Esquire, from

the county of Trumbull, find the same agreeable to law; and

further report that it appears from the certificate aforesaid that

the said David Abbot, Esquire, is duly elected, as a Represen-

tative of the convention from the county aforesaid.

The convention, according to the order of the day, again re-

solved itself into a committee of the whole convention, on the third

article of the constitution on the judiciary, Mr. Smith in the chair,

and after some time spent therein, Mr. President resumed the

chair; and Mr. Smith reported that the committee had, accord-

ing to order, again had the said article under consideration, and

made several amendments thereto, which he delivered in at the

Secretary's table.

On motion,

Ordered, That the said article, with the amendments thereto,

be recommitted to Mr. Byrd, Mr. Huntington and Mr. Darlinton.

The several orders of the day were further postponed until

to-morrow.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

 

Tuesday, November 16, 1802.

Mr. Kitchel, from the committee, appointed to prepare and

report the sixth article of the constitution, designating the man-

ner in which Sheriffs, Coroners, and certain other civil officers

shall be chosen or appointed, made a report, which was received

arid read the first time, whereupon,

Ordered, That the said article be committed to a committee

of the whole convention to-day.

Mr. Darlinton, from the committee appointed to contract

• 22
 

100       Ohio Arch. and His. Society Publications.

 

with Mr. Nathaniel Willis, printer, of Chillicothe, for the print-

ing of seven hundred copies of the Journal of the convention and

one thousand copies of the constitution now framing, in octavo,

and also for such other printing as may be found necessary,

reported that the committee had made the said contract, which

he delivered in at the Secretary's table, where the same was

read and agreed to by the convention.

Mr. Byrd, from the committee to whom was recommitted

the third article of the constitution on the judiciary, reported an

amendatory article on the judiciary, which was received and

read for the first time.

On motion,

Ordered, That the said article be committed to a committee

of the whole convention to-morrow.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention on the fourth

article of the constitution, designating the qualifications of elec-

tors, Mr. Baldwin in the chair; and after some time spent therein,

Mr. President resumed the chair; and Mr. Baldwin reported that

the committee had, according to order, had the said article under

consideration, and made several amendments thereto, which he

delivered in at the Secretary's table.

Ordered, That the said article, with the amendments, do

lie on the table.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention, on the fifth

article of the constitution, declaring the manner in which militia

officers shall be chosen or appointed, Mr. Wells in the chair;

and, after some time spent therein, Mr. President resumed the

chair; and Mr. Wells reported that the committee had accord-

ing to order, had the said article under consideration, and made

several amendments thereto, which he delivered in at the Sec-

retary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

On motion,

Ordered, That a committee of five be appointed to prepare

• 23
 

First Constitutional Convention.      101

 

and report an article comprehending the general regulations

and provisions of the constitution.

And a committee was appointed of Mr. Smith, Mr. Hunt-

ington, Mr. Worthington, Mr.Darlinton and Mr. Abrams.

On motion,

Ordered, That a committee, to consist of one member from

each county, be chosen by ballot, whose duty it shall be to take

into consideration the propositions made by Congress, for the

acceptance or rejection of the convention, and report their opin-

ion thereupon.

And a committee was accordingly chosen, to wit: From

the county of Adams, Mr. Darlinton; from the county of Bel-

mont, Mr. Woods; from the county of Clermont, Mr. Gatch;

from the county of Fairfield, Mr. Carpenter; from the county of

Jefferson, Mr. Wells; from the county of Hamilton, Mr. Byrd;

from the county of Ross, Mr. Worthington; from the county of

Trumbull, Mr. Huntington; and from the county of Washington,

Mr. Putnam.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention on the sixth

article of the constitution, designating the manner in which Sher-

iffs, Coroners and certain other civil officers, shall be chosen

or appointed, Mr. Gilman in the chair; and, after some time spent

therein, Mr. President resumed the chair; and Mr. Gilman re-

ported that the committee had, according to order, had the said

article under consideration and made several amendments thereto,

which he delivered in at the Secretary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

And then the convention adjourned until to-morrow, twelve

o'clock.

 

Wednesday, November 17, 1802.

Mr. Goforth, from the committee appointed to prepare and

report a Bill of Rights and Schedule, for the purpose of carry-

ing into complete operation the constitution and government,

• 24
 

102      Ohio Arch. and His. Society Publications.

 

reported a Schedule, which was received and read the first time;

whereupon,

Ordered, That the said Schedule be committed to a com-

mittee of the whole convention to-morrow.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention on the third

article of the constitution on the Judiciary, Mr. Smith in the chair;

and, after some time spent therein, Mr. President resumed the

chair; and Mr. Smith reported that the committee had, accord-

ing to order, had the said article under consideration and made

several amendments thereto, which he delivered in at the Sec-

retary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

 

 

Thursday, November 25, 1802.

Mr. Smith, from the Committee appointed to prepare and

report the seventh article of the constitution, comprehending

the general regulations and provisions of the Constitution, made

a report, which was received and read the first time; whereupon,

Ordered, That the said article be committed to a committee

of the whole convention to-morrow.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention, on the Schedule

to the constitution, Mr. Byrd in the chair; after some time spent

therein, Mr. President resumed the chair; and Mr. Byrd reported

that the committee had, according to order, had the said Schedule

under consideration and made several amendments thereto,

which he delivered in at the Secretary's table.

Ordered, That the said Schedule, with the amendments, do

lie on the table.

The convention proceeded to consider the amendments re-

ported on the ninth instant, from the committee of the whole

convention, to the first article of the constiution; and, the same

being read, some were agreed to and others disagreed to.

• 25
 

First Constitutional Convention.       103

 

A motion was then made further to amend the said article

at the Secretary's table, by striking out, after the word "of," in

the second line of the fourth section, the words "twenty-five";

and on the question thereupon, it passed in the negative - yeas,

10; nays, 23.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Carpenter, Darlinton, Grubb, Humphrey,

Kirker, Kitchel, Milligan, Morrow and Smith.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Bair, Browne, Byrd, Caldwell, Cut-

ler, Donalson, Gatch, Gilman, Goforth, Huntington, McIntire,

Massie, Paul, Putnam, Riley, Sargent, Updegraff, Wells, Wilson,

Woods and Worthington.

Another motion was then made further to amend the said

article by striking out, after the word "chosen," in the first line

of the fifth section, the word "biennially," and to insert in lieu

thereof the word "annually"; and on the question thereupon,

it passed in the negative--yeas, 15; nays, 18.

And the yeas and nays being demanded, those who voted

in the affirmative are:

Messrs. Abbot, Abrams, Baldwin, Browne, Carpenter, Dar-

linton, Donalson, Gatch, Grubb, Humphrey, Kitchel, Milligan,

Sargent, Wilson and Worthington.

Those who voted in the negative are:

Messrs. Byrd, Caldwell, Cutler, Dunlavy, Gilman, Goforth,

Huntington, Kirker, McIntire, Massie, Morrow, Paul, Putnam,

Reily, Smith, Updegraff, Wells and Woods.

Another motion was then made further to amend the said

article by striking out, after the word "than," in the sixth line

of the sixth section, these words, "one-third"; and on the ques-

tion thereupon, it passed in the negative - yeas, 8; nays, 25.

The yeas and nays being demanded, those voted in the affirm-

ative are:

Messrs. Abbot, Caldwell, Carpenter, Humphrey, Kirker,

Milligan, Morrow and Worthington.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Cutler, Don-

• 26
 

104      Ohio Arch. and His. Society Publications.

 

alson, Dunlavy, Gatch, Gilman, Goforth, Grubb, Huntington,

Kitchel, McIntire, Massie, Paul, Putnam, Reily, Sargent, Smith,

Updegraff, Wells, Wilson and Woods.

Another motion was then made further to amend the said

article; and debate arising thereon, an adjournment was called

for. And then the convention adjourned until three o'clock,

P. M.

The convention met at three o'clock, P. M.

A motion was made to amend the standing rules and orders

of the convention by inserting after the word "it" in the second

line of the sixteenth rule these words, "unless the ayes and noes

have been previously called for"; and on the question thereupon,

agreed to by the convention.

The convention resumed the consideration of the amend-

ments reported on the ninth instant, from the committee of the

whole convention, to the first article of the constitution; where-

upon,

The sixteenth section of the said article being under consid-

eration, in the words following:

"Section 16. Bills may originate in either House, but may

be altered, amended, or rejected by the other."

A motion was made to strike out the said section and insert

in lieu thereof a section in the words following:

Section 16. Bills may originate in either House, but the

other House may propose alterations and amendments; and

whenever the House of Representatives and Senate disagree,

a conference shall be held, in the presence of both, and shall be

managed by committees to be by them respectively chosen; and

after such conference had the points in difference, whether it be

the alteration, amendment, or rejection of the bill, shall be de-

termined by the joint vote of the members of both Houses.

And on the question that the convention do agree to the

same, it passed in the negative - yeas, 10; nays, 24.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Browne, Carpenter, Dunlavy, Grubb,

Kitchel, Milligan, Morrow, Paul and Wilson.

Those who voted in the negative are:

• 27
 

First Constitutional Convention.       105

 

Messrs. Abrams, Baldwin, Bair, Byrd, Caldwell, Cutler,

Darlinton, Donalson, Gatch, Gilman, Goforth, Humphrey, Hun-

tington, Kirker, McIntire, Massie, Putnam, Reily, Sargent,

Smith, Updegraff, Wells, Woods and Worthington.

Another motion was then made further to amend the said

article at the Secretary's table; and debate arising thereon, an

adjournment was called for.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

 

 

Friday, November 19, 1802.

A petition of sundry of the inhabitants of the county of

Clermont was presented to the convention and read, praying

that those privileges which are the absolute right of all men may

be secured to them, etc.; whereupon,

Ordered, That said petition do lie on the table.

The convention resumed the consideration of the amend-

ments reported on the ninth instant, from the committee of the

whole convention, to the first article of the constitution, where-

upon,

The amendment moved yesterday to the said article being

under consideration, which was to strike out the nineteenth sec-

tion, in the words following:

Section 19. The members of the General Assembly shall

receive from the public treasury a compensation for their services,

which shall not exceed two dollars a day, during their attendance

on the sessions of the respective Houses, and two dollars for

every twenty-five miles travel in going to and returning from

their respective sessions by the most usual route; provided, that

the same may be increased or diminished by law; but no alter-

ation shall be made,

And insert in lieu thereof a section in the words following:

Section 19. The Legislature of this State shall not allow

the following officers of government greater annual salaries than

as follows, until the year - , to wit:

The Governor not more than      dollars.

• 28
 

106      Ohio Arch. and His. Society Publications.

 

The Judges of the Supreme Court not more than -  dollars.

The Secretary not more than -                        dollars.

The Treasurer not more than -                       per cent. for receiving

and paying out all moneys.

No member of the Legislature shall receive more than

dollars per day, nor more for every -   miles he shall travel in

going to and returning from the General Assembly.

And on the question that the convention agree to the same

it was resolved in the affirmative--yeas, 21; nays, 13.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Abrams, Bair, Browne, Caldwell, Carpen-

ter, Darlinton, Donalson, Dunlavy, Gatch, Humphrey, Hunting-

ton, Kirker, Kitchel, Milligan, Morrow, Paul, Sargent, Upde-

graff, Wilson and Worthington.

Those who voted in the negative are:

Messrs. Baldwin, Byrd, Cutler, Gilman, Goforth, Grubb,

McIntire, Massie, Putnam, Reily, Smith, Wells and Woods.

A motion was made to amend the said section by adding

after the word "than," in the fourth (fifth) line, these words,

"twelve hundred."

And on the question thereupon, it passed in the negative--

yeas, 13; nays, 21.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Baldwin, Byrd, Caldwell, Cutler, Gilman,

Goforth, Huntington, Massie, Putnam, Smith, Wells and Woods.

Those who voted in the negative are:

Messrs. Abrams, Bair, Browne, Carpenter, Darlinton, Don--

alson, Dunlavy, Gatch, Grubb, Humphrey, Kirker, Kitchel,

McIntire, Milligan, Morrow, Paul, Reily, Sargent, Updegraff,

Wilson and Worthington.

Another motion was then made; and the question being put

further to amend the said section by inserting after the word

"than", in the fourth (fifth) line, the words, "one thousand," it was

resolved in the affirmative-yeas, 23; nays, 11.

The yeas and nays being demanded, those who voted in the

affirmative are:

• 29
 

First Constitutional Convention.       107

 

Messrs. Abrams, Baldwin, Browne, Caldwell, Carpenter,

Cutler, Gatch, Gilman, Goforth, Grubb, Humphrey, Hunting-

ton, Kirker, McIntire, Massie, Milligan, Putnam, Sargent, Smith,

Updegraff, Wells, Woods and Worthington.

Those who voted in the negative are:

Messrs. Abbot, Bair, Byrd, Darlinton, Donalson, Dunlavy,

Kitchel, Morrow, Paul, Reily and Wilson.

Another motion was then made; and the question being put

further to amend the said section by inserting after the word

"than", in the eighth line, these words, "six hundred", it passed

in the negative-yeas, 5; nays, 29.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Byrd, Gilman, Massie and Wells.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Bair, Browne, Caldwell, Carpenter,

Cutler, Darlinton, Donalson, Dunlavy, Gatch, Goforth, Grubb,

Humphrey, Huntington, Kirker, Kitchel, McIntire, Milligan,

Morrow, Paul, Putnam, Reily, Sargent, Smith, Updegraff, Wil-

son, Woods and Worthington.

Another motion was then made; and the question being put

further to amend the said section, by inserting after the word

"than", in the fourteenth line, these words, "two dollars", it was

resolved in the affirmative-yeas, 25; nays, 9.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Abrams, Bair, Byrd, Carpenter, Cutler,

Dunlavy, Gatch, Goforth, Grubb, Humphrey, Huntington, Kir-

ker, Kitchel, McIntire, Milligan, Morrow, Putnam, Reily, Sar-

gent, Smith Updegraff, Wells and Worthington.

Those who voted in the negative are:

Messrs. Baldwin, Caldwell, Darlinton, Donalson, Gilman,

Massie, Paul, Wilson and Woods.

Another motion was then made; and the question being put

further to amend the said section, by adding to the end of the

section a proviso in the words following: "Provided that no

member of this convention shall be appointed to any office

created by this constitution, until the expiration of one year

• 30
 

108        Ohio Arch. and His. Society Publications.

 

after the constitution shall take effect, except such officers as

are hereby made elective by the people, and to county offices,"

it passed in the negative-yeas, 3; nays, 31.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Paul and Reily.

Those who voted in the negative are:

Messrs. Baldwin, Bair, Browne, Byrd, Caldwell, Carpenter,

Cutler, Darlinton, Donalson, Dunlavy, Gatch, Gilman, Goforth,

Grubb, Humphrey, Kirker, Kitchel, McIntire, Massie, Milligan,

Morrow, Putnam, Sargent, Smith, Updegraff, Wells, Wilson,

Woods and Worthington.

Another motion was then made; and the question being put

to amend the said section, by inserting between the seventh and

eighth lines of the section, the words following: "The Auditor

of Public Accounts, not more than seven hundred and fifty

dollars," it was resolved in the affirmative-yeas, 17; nays, 17.

The convention being equally divided, and Mr. President

declaring himself with the yeas.

The yeas and nays being demanded, were as follows:

Yeas-Messrs. Abrams, Browne, Byrd, Carpenter, Dunlavy,

Gatch, Gilman, Goforth, Humphrey, Kitchel, Massie, Morrow,

Paul, Reily, Sargent, Wilson and Worthington.

Nays-Messrs. Abbot, Baldwin, Bair, Caldwell, Cutler, Dar-

linton, Donalson, Grubb, Huntington, Kirker, Mclntire, Milli-

gan, Putnam, Smith, Updegraff, Wells and Woods.

Another motion was then made; and the question being put

further to amend the said section, by inserting after the word

"greater", in the second line of the section, these words, "nor

less", it passed in the negative-yeas, 5; nays, 29.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Byrd, Gillman, Wells and Woods.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Bair, Browne, Caldwell, Carpenter,

Cutler, Darlinton, Donalson, Dunlavy, Gatch, Goforth, Grubb,

Humphrey, Huntington, Kirker, Kitchel, McIntire, Massie, Mil-

• 31
 

First Constitutional Convention.       109

 

ligan, Morrow, Paul, Putnam, Reily, Sargent, Smith, Updegraff,

Woods and Worthington.

The said section was further amended at the Secretary's

table; and on the question that the convention do receive the

said section, as amended, in the words following:

Section 19. The Legislature of this State shall not allow

the following officers of the 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 dol-

lars, the Judges of the Supreme Court not more than one thous-

and dollars each, the Secretary not more than five hundred dol-

lars, the Auditor of Public Accounts not more than seven hun-

dred 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 Leg-

islature, nor more for every twenty-five miles he shall travel in

going to and returning from the General Assembly.

It was resolved in the affirmative-yeas, 21; nays, 13.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abrams, Bair, Browne, Caldwell, Carpenter, Dar-

linton, Donalson, Dunlavy, Gatch, Grubb, Humphrey, Kirker,

Kitchel, Milligan, Morrow, Paul, Sargent, Smith, Updegraff,

Wilson and Worthington.

Those who voted in the negative are:

Messrs. Abbot, Baldwin, Byrd, Cutler, Gillman, Goforth,

Huntington, McIntire, Massie, Putnam, Reily, Wells and Woods.

The said article was further amended at the Secretary's table,

and with the amendments, was ordered to lie on the table.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention, on the seventh

article of the constitution, comprehending the general regula-

tions and provisions of the constitution, Mr. Smith in the chair;

and after some time spent therein, Mr. President resumed the

chair, and Mr. Smith reported that the committee had, according

to order, had the said article under consideration and made some

progress therein.

• 32
 

110       Ohio Arch. and His. Society Publications.

 

Resolved, That the convention will to-morrow again resolve

itself into a committee of the whole convention on the said article.

And then the convention adjourned until to-morrow morn-

ing, 9 o'clock.

 

 

Saturday, November 20, 1802.

The convention, according to the order of the day, again

resolved itself into a committee of the whole convention on the

seventh article of the constitution, comprehending the general

regulations and provisions of the constitution, Mr. Smith in the

chair; and after some time spent therein, Mr. President resumed

the chair, and Mr. Smith reported that the committee had,

according to order, again had the said article under considera-

tion and made several amendments thereto, which he delivered

at the Secretary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

The convention proceeded to consider the amendments re-

ported on the tenth instant, from the committee of the whole

convention, to the second article of the constitution on the

supreme executive authority, and the same being read, were

agreed to by the convention.

The said article was further amended at the Secretry's table,

and, together with the amendments, ordered to lie on the table.

The convention proceeded to consider the amendments re-

ported on the twelfth instant, from the committee of the whole

convention, to the bill of rights, and the same being read, some

were agreed to and others disagreed to.

A motion was then made to amend the said bill of rights at

the Secretary's table, by striking out after the word "convicted",

in the fourth line of the second section, the words following: "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 pretense of indenture or

otherwise, unless such person shall enter into such indenture,

while in a state of perfect freedom, and on condition of a bona

• 33
 

First Constitutional Convention.       111

 

fide consideration, received or to be received for their service,

except as before excepted.

And on the question thereupon, it passed in the negative-

yeas, 12; nays, 21.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Bair, Caldwell, Dunlavy, Grubb, Kitchel,

Morrow, Paul, Reily, Sargent, Smith and Wilson.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Browne, Byrd, Carpenter, Cutler,

Darlinton, Donalson, Gatch, Gilman, Goforth, Humphrey, Hun-

tington, Kirker, McIntire, Milligan, Putnam, Updegraff, Wells,

Wood and Worthington.

Another motion was then made further to amend the said

section, by inserting after the word "convicted", in the fourth

line of the said section, the words following: "Nor shall there

be either slavery or involuntary servitude ever admitted in any

State to be erected on the northwest side of the river Ohio,

within the limits of the United States, except as above excepted."

And on the question thereupon, it passed in the negative-

yeas, 2; nays, 31.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Paul and Reily.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, Byrd, Cald-

well, Carpenter, Cutler, Darlinton, Donalson, Dunlavy, Gatch,

Gilman, Goforth, Grubb, Humphrey, Huntington, Kirker,

Kitchel, McIntire, Milligan, Morrow, Putnam, Sargent, Smith,

Updegraff, Wells, Wilson, Woods and Worthington.

Another motion was then made further to amend the said

article, by striking out after the word "and", in the ninth and

tenth lines of the third section, the words following: "No reli-

gious test shall be required as a qualification to any office of

trust or profit," and to insert in lieu thereof the words: "No

person who denies the being of a God or a future state of rewards

and punishments shall hold any office in the civil department of

this State."

• 34
 

112      Ohio Arch and His. Society Publications.

 

And on the question thereupon, it passed in the negative-

yeas, 3; nays, 30.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Caldwell, Humphrey and Milligan.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, Byrd, Car-

penter, Cutler, Darlinton, Donalson, Dunlavy, Gatch, Gilman,

Goforth, Grubb, Huntington, Kirker, Kitchel, McIntire, Morrow,

Paul, Putnam, Reily, Sargent, Smith, Updegraff, Wells, Wilson,

Woods and Worthington.

Another motion was then made further to amend the said

article, by inserting a new section between the twenty-second

and the twenty-third sections, in the words following, "that the

laying taxes by the poll is grievous and oppressive; therefore

the Legislature shall never levy a poll-tax for county or State

purposes."

And on the question that the convention do agree the same,

it was resolved in the affirmative-yeas, 26; nays, 7.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, Byrd,

Caldwell, Carpenter, Darlinton, Donalson, Dunlavy, Goforth,

Grubb, Huntington, Kirker, Kitchel, Milligan, Morrow, Paul,

Sargent, Smith, Wells, Wilson, Woods and Worthington.

Those who voted in the negative are:

Messrs. Gatch, Gilman, Humphrey, McIntire, Putnam,

Reily and Updegraff.

Another motion was made further to amend the said article,

and debate arising thereon, an adjournment was called for.

And then the convention adjourned until Monday morning.

 

Monday, November 22, 1802.

The convention resumed the consideration of the amend-

ments reported on the twelfth instant, from the committee of the

whole convention, to the bill of rights, and the same being further

amended, was ordered to lie on the table.

• 35
 

First Constitutional Convention.       113

 

The Convention proceeded to consider the amendments

reported on the seventh instant, from the committee of the whole

convention, to the third article of the constitution, on the judi-

ciary; whereupon,

Ordered, That the said article be recommitted to a com-

mittee of the whole convention.

The convention proceeded to consider the amendments

reported on the sixteenth instant, from the committee of the whole

convention, to the fourth article of the constitution, designating

the qualifications of electors, and the same being read, were

agreed to by the convention.

A motion was then made further to amend the said article

at the Secretary's table, by striking out after the word "all", in

the first line of the first section, the word "white".

And on the question thereupon, it passed in the negative-

yeas, 14; nays, 19.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Browne, Cutler, Dunlavy, Gatch, Gilman, Goforth,

Grubb, Kitchel, Paul, Putnam, Sargent, Updegraff, Wells and

Wilson.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Bair, Byrd, Caldwell, Carpenter,

Darlinton, Donalson, Humphrey, Huntington, Kirker, McIntire,

Massie, Milligan, Morrow, Reily, Smith, Woods and Worth-

ington.

Another motion was then made further to amend the said

section, by striking out after the word "election", in the third

line, the words following, "and who have paid or are charged with

a State or county tax."

And on the question thereupon, it passed in the negative--

yeas, 8: nays, 26.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Bair, Browne, Caldwell, Grubb, Milligan,

Sargent and Worthington.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Byrd, Carpenter, Cutler, Darlin-

• 36
 

114      Ohio Arch. and His. Society Publications.

 

ton, Donalson, Dunlavy, Gatch, Gilman, Goforth, Humphrey,

Huntington, Kirker, Kitchel, McIntire, Massie Morrow, Paul,

Putnam, Reily, Smith, Updegraff, Wells, Wilson and Woods.

Another motion was then made further to amend the said

section, by adding to the end of the section a proviso in the words

following:

"Provided, that all male negroes and mulattoes now resid-

ing in this territory shall be entitled to the right of suffrage, if

they shall within  months make a record of their citizenship."

And on the question thereupon, it was resolved in the affirm-

ative - yeas, 19; nays, 15.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Byrd, Cutler, Darlinton, Dunlavy, Gatch,

Gilman, Goforth, Grubb, Kitchel, Morrow, Paul, Putnam, Reily,

Sargent, Smith, Updegraff, Wells and Wilson.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Bair, Browne, Caldwell, Carpen-

ter, Donalson, Humphrey, Huntington, Kirker, McIntire, Massie,

Milligan, Woods and Worthington.

Another motion was then made further to amend the said

section by adding to the end of the section a proviso in the words

following:

"And provided also, That the male descendants of such ne-

groes and mulattoes as shall be recorded, shall be entitled to the

same privilege."

And on the question thereupon, it passed in the negative -

yeas, 16; nays, 17.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Browne, Byrd, Cutler, Darlinton, Dunlavy, Gilman,

Goforth, Grubb, Kitchel, Morrow, Paul, Putnam, Sargent, Up-

degraff, Wells and Wilson.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Caldwell, Carpenter,

Donalson, Humphrey, Huntington, Kirker, McIntire, Massie,

Milligan, Reily, Smith, Woods and Worthington.

• 37
 

First Constitutional Convention.       115

 

The said article was further amended at the Secretary's table,

and, with the amendments, ordered to lie on the table.

The convention proceeded to consider the amendments re-

ported on the sixteenth instant, from the committee of the whole

convention, to the fifth article of the constitution, declaring the

manner in which militia officers shall be chosen or appointed;

and the same being read, were agreed to by the convention.

The said article was further amended at the Secertary's table,

and, with the amendments, was ordered to lie on the table.

The convention proceeded to consider the amendments re-

ported on the twelfth instant, from the committee of the whole

convention, to the seventh article of the constitution, compre-

hending the general regulations and provisions of the constitu-

tion; and the same being read, some were agreed to and others

disagreed to.

A motion was then made further to amend the said article

at the Secretary's table by striking out after the words, "a ma-

jority," and insert in lieu thereof these words, "two-thirds."

And on the question thereupon, it passed in the negative-

yeas, 1; nays, 33.

The yeas and nays being demanded, the vote in the affirm-

ative was:

Mr. Kirker.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, Byrd, Cald-

well, Carpenter, Cutler, Darlinton, Donalson, Dunlavy, Gatch,

Gilman, Goforth, Grubb, Humphrey, Huntington, Kitchel, Mc-

Intire, Massie, Milligan, Morrow, Paul, Putnam, Reily, Sargent,

Smith, Updegraff, Wells, Wilson, Woods and Worthington.

Another motion was then made further to amend the said

article by adding a new section, as the seventh section, in the

words following:

Section 7. No negro or mulatto shall ever be eligible to

any office, civil or military, or give their oath in any court of

justice against a white person, be subject to do military duty, or

pay a poll-tax in this State; provided always, and it is fully un-

derstood and declared, that all negroes and mulattoes now in,

or who may hereafter reside in, this State, shall be entitled to all

• 38
 

116       Ohio Arch. and His. Society Publications.

 

the privileges of citizens of this State, not excepted by this con-

stitution.

And on the question thereupon, it was resolved in the affirm-

ative - yeas 19; nays, 16.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abrams, Baldwin, Bair, Byrd, Caldwell, Carpenter,

Darlinton, Donalson, Grubb, Humphrey, Kirker, McIntire, Mas-

sie, Milligan, Morrow, Smith, Tiffin, Woods and Worthington.

Those who voted in the negative are:

Messrs. Abbot, Browne, Cutler, Dunlavy, Gatch, Gilman,

Goforth, Huntington, Kitchel, Paul, Putnam, Reily, Sargent,

Updegraff, Wells and Wilson.

The article was further amended at the Secretary's table, and,

with the amendments, was ordered to lie on the table.

 

 

Tuesday, November 23, 1802.

The convention, according to the order of the day, resolved

itself into a committee of the whole convention, on the third ar-

ticle of the constitution, on the judiciary, Mr. Baldwin in the

chair; and after some time spent therein, Mr. President resumed

the chair, and Mr. Baldwin reported that the committee had,

according to order, had the said article under consideration and

made several amendments thereto, which he delivered in at the

Secretary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

The convention proceeded to consider the amendments re-

ported on the 18 inst., from the committee of the whole conven-

tion, to the schedule to the constitution; and the same being

read, were agreed to by the convention.

A motion was made further to amend the said article at the

Secretary's table by striking out after the word "and," in the

fourth line of the seventh section, the word "eight," and to insert

in lieu thereof the word "ten."

And on the question thereupon, it was resolved in the affirm-

ative -yeas, 19; nays, 14.

• 39
 

First Constitutional Convention.       117

 

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Browne, Byrd, Carpenter, Cutler, Donalson, Dun-

lavy, Goforth, Kirker,, Kitchel, Massie, Morrow, Paul, Putnam,

Reily, Smith, Wells, Wilson, Woods and Worthington.

Those who voted in the negative are:

Messrs. Abbot, Baldwin, Bair, Caldwell, Darlinton, Gatch,

Gilman, Grubb, Humphrey, Huntington, McIntire, Milligan,

Sargent and Updegraff.

Another motion was then made further to amend the said

section by striking out after the word "to," in the third line of

the said section, the word "four," and insert in lieu thereof the

word "five."

And on the question thereupon, it was resolved in the affirm-

ative-yeas, 17; nays, 16.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Browne, Byrd, Carpenter, Cutler, Donalson, Dun-

lavy, Goforth, Kitchel, Massie, Morrow, Paul, Reily, Smith,

Wells, Wilson, Woods and Worthington.

Those who voted in the negative are:

Messrs. Abbot, Baldwin, Bair, Caldwell, Darlinton, Gatch,

Gilman, Grubb, Humphrey, Huntington, Kirker, McIntire, Mil-

ligan, Putnam, Sargent and Updegraff.

The said section being still under consideration, in the words

following:

Section 7. Until the first enumeration shall be made as

directed in the second section of the first article of the consti-

tution, the county of Hamilton shall be entitled to five Senators

and ten Representatives; the county of Clermont, one Senator

and two Representatives; the county of Adams, two Senators and

three Representatives; the county of Ross, two Senators and

five Representatives; the county of Fairfield, one Senator and

two Representatives; the county of Washington, two Senators

and four Representatives; the county of Belmont, one Senator

and two Representatives; the county of Jefferson, two Senators

and five Representatives; the county of Trumbull, one Senator

• 40
 

118       Ohio Arch. and His. Society Publications.

 

and two Representatives; provided, that no new county shall be

entitled to a separate Representative prior to the first enumeration.

A motion was made to strike out the said section and to

insert in lieu thereof a section in the words following:

Section 7. Until the first enumeration shall be made, as

directed in the second section of the first article of the consti-

tution, the county of Hamilton shall be entitled to three Senators

and six Representatives; the county of Clermont, one Senator and

one Representative; the county of Adams, one Senator and three

Representatives; the county of Ross, two Senators and four Rep-

resentatives; the county of Fairfield, one Senator and one Rep-

resentative; the county of Washington, one Senator and three

Representatives; the county of Belmont, one Senator and one

Representative; the county of Jefferson, one Senator and three

Representatives; the county of Trumbull, one Senator and two

Representatives; provided, no new county shall be entitled to

a separate Representative prior to the first enumeration.

And on the question thereupon, it passed in the negative-

yeas, 10; nays, 23.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Browne, Darlinton, Donalson, Gatch, Hun-

tington, Kirker, Kitchel, Massie and Morrow.

Those who voted in the negative are:

Messrs. Baldwin, Bair, Byrd, Caldwell, Carpenter, Cutler,

Dunlavy, Gilman, Goforth, Grubb, Humphrey, McIntire, Mil-

ligan, Paul, Putnam, Reily, Sargent, Smith, Updegraff, Wells,

Wilson, Woods and Worthington.

Another motion was then made further to amend the said

section by striking out after the word "two," in the third line, the

word "five," and insert in lieu thereof the word "four."

And on the question thereupon, it was resolved in the affirm-

ative - yeas, 26; nays, 7.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Baldwin, Browne, Caldwell, Carpenter, Cut-

ler, Darlinton, Donalson, Dunlavy, Gatch, Gilman, Grubb,

Humphrey, Huntington, Kirker, McIntire, Massie, Milligan,

• 41
 

First Constitutional Convention.       119

 

Putnam, Sargent, Updegraff, Wells, Wilson, Woods and Worth-

ington.

Those who voted in the negative are:

Messrs. Byrd, Goforth, Kitchel, Morrow, Paul, Reily and

Smith.

Another motion was then made that the convention do re-

ceive the said section with the amendments last aforesaid.

And on the question thereupon, it was resolved in the affirm-

ative -yeas, 21; nays, 12.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Bair, Caldwell, Carpenter, Cutler, Gatch,

Gilman, Grubb, Huntington, Kirker, McIntire, Massie, Milligan,

Putnam, Sargent, Smith, Updegraff, Wells, Wilson, Woods and

Worthington.

Those who voted in the negative are:

Messrs. Abbot, Browne, Byrd, Darlinton, Donalson, Dun-

lavy, Goforth, Humphrey, Kitchel, Morrow, Paul and Reily.

The said article was further amended at the Secretary's table,

and, with the amendments, was ordered to lie on the table.

And then the convention adjourned until to-morrow morn-

ing, eleven o'clock.

 

Wednesday, November 24, 1802.

Mr. Gatch, from the committee to whom was referred the

propositions made by Congress to the convention, for their re-

ception or rejection, made a report, which was received and read

the first time; whereupon,

Resolved, That the convention will immediately resolve itself

into a committee of the whole convention on the said report.

The convention accordingly resolved itself into the said

committee, Mr. Goforth in the chair; and, after some time spent

therein, Mr. President resumed the chair and Mr. Goforth re-

ported that the committee had, according to order, had the said

report under consideration and made some progress therein;

whereupon,

Resolved, That the convention will to-day again resolve itself

into a committee of the whole convention on the said report.

• 42
 

120      Ohio Arch. and His. Society Publications.

 

And then the convention adjourned until three o'clock, P. M.

The convention met at three o'clock, P. M.

The convention, according to the order of the day, again

resolved itself into a committee of the whole convention on the

report of the committee to whom was referred the proposition

made by Congress to the convention, for their acceptance or re-

jection, Mr. Brown in the chair; and, after some time spent

therein, Mr. President resumed the chair and Mr. Brown reported

that the committee had, according to order, again had the said

report under consideration and had directed him to report their

disagreement to the same.

Ordered, That the said report do lie on the table.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

 

Thursday, November 25, 1802.

The convention proceeded to consider the amendments re-

ported on Tuesday last from the committee of the whole con-

vention to the third article of the constitution on the judiciary;

whereupon,

Ordered, That the said article be recommitted to a commit-

tee of the whole convention immediately.

The convention accordingly resolved itself into the said

committee, Mr. Byrd in the chair; and after some time spent

therein, Mr. President resumed the chair and Mr. Byrd reported

that the committee had, according to order, had the said article

under consideration and made several amendments thereto, which

he delivered in at the Secretary's table.

Ordered, That the said article, with the amendments, do lie

on the table.

On motion, the first article of the constitution was taken up

and read the third time, in order for its final passage.

A motion was made to strike out, in the nineteenth section,

the words following: "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

• 43
 

First Constitutional Convention.       121

 

dollars each; the Presidents of the Courts of Common Pleas not

more than eight hundred dollars each; the Secretary of State

not more than five hundred dollars; the Auditor of Public Ac-

counts not more than seven hundred and fifty dollars; the Treas-

urer not more than four hundred and fifty dollars."

And on the question thereupon, it passed in the negative-

yeas, 11; nays, 21.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Byrd, Cutler, Gilman, Goforth, McIntire,

Massie, Putnam, Smith, Wells and Woods.

Those who voted in the negative are:

Messrs. Abbot, Bair, Browne, Caldwell, Darlinton, Donal-

son, Dunlavy, Gatch, Grubb, Humphrey, Huntington, Kirker,

Kitchel, Milligan, Morrow, Paul, Reily, Sargent, Updegraff,

Wilson and Worthington.

The said article was further amended at the Secretary's table;

and on the question that the convention do receive said article

as amended, it was resolved in the affirmative.

On motion, the second article of the constitution, on the

supreme executive authority, was taken up and read the third

time, in order for its final passage; and on the question that the

convention do receive the said article, it was resolved in the

affirmative.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

 

Friday, November 26, 1802.

On motion,

Ordered, That a committee of five be appointed to prepare

an address to the President of the United States and both branches

of the Federal Legislature, expressive of the high sense this

convention entertains of the cheerful and philanthropic manner

in which they made provision for the admission of this State into

the Union, and expressive of their approbation of the present

administration of the General Government.

And a committee was appointed of Mr. Goforth, Mr. Byrd,

Mr. Massie, Mr. Huntington and Mr. Baldwin.

• 44
 

122        Ohio Arch. and His. Society Publications.

 

On motion, the fourth article of the constitution, designating

the qualifications of electors, was taken up and read the third

time, in order for its final passage.

A motion was made to amend said article by striking out

after the word "election," in the seventh line of the first section,

the words following: "Provided, That all male negroes and mu-

lattoes now residing in this territory, shall, at the age of twenty-

one years, be entitled to the right of suffrage if they shall within

one year make a record of their citizenship with the clerk of the

county in which they may reside; and, provided also, that they

have paid or are charged with a state or county tax."

And on the question thereupon, it was resolved in the affirm-

ative-yeas, 17; nays, 17.

The convention being equally divided, Mr. President de-

clared himself with the yeas.

The yeas and nays being demanded, were as follows:

Yeas- Messrs. Abrams, Baldwin, Bair, Caldwell, Carpen-

ter, Darlinton, Grubb, Humphrey, Huntington, Kirker, McIntire,

Massie, Milligan, Smith, Woods and Worthington.

Nays--Messrs. Abbot, Browne, Byrd, Cutler, Dunlavy,

Gatch, Gilman, Goforth, Kitchel, Morrow, Paul, Putnam, Reily,

Sargent, Updegraff, Wells and Wilson.

Another motion was then made further to amend the said

article by striking out the fifth section, which follows in these

words, to wit:

Section 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."

And on the question thereupon, it passed in the negative-

yeas, 13; nays, 21.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Cutler, Gilman, Goforth, Huntington, Kir-

ker, McIntire, Massie, Putnam, Reily, Updegraff, Wells and

Woods.

Those who voted in the negative are:

• 45
 

First Constitutional Convention.       123

 

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Caldwell,

Carpenter, Darlinton, Donalson, Dunlavy, Gatch, Grubb,

Humphrey, Kitchel, Milligan, Morrow, Paul, Sargent, Smith,

Wilson and Worthington.

On motion that the convention do receive the said article

as amended, it was resolved in the affirmative.

The convention proceeded to consider the amendments re-

ported on yesterday from the committee of the whole conven-

tion to the third article of the constitution on the judiciary, and

the same being read, were agreed to by the convention.

The said article was further amended at the Secretary's table,

and, with the amendments, was ordered to lie on the table.

On motion, the fifth article of the constitution, declaring the

manner in which militia officers are to be chosen or appointed,

was taken up and read the third time, in order for its final passage.

And on the question that the convention do receive the said

article, it was resolved in the affirmative.

On motion the sixth article of the constitution, designating

the manner in which Sheriff's, Coroners, and certain other civil

officers are chosen or appointed, was then taken up and read the

third time in order for its final passage.

And on the question that the convention do receive the said

article, it was resolved in the affirmative.

On motion, the seventh article of the constitution, compre-

hending the general regulations and provisions of the constitu-

tion, was taken up and read the third time in order for its final

passage.

A motion was then made to amend the said article at the

Secretary's table by striking out after the word "contents," in the

fifth line of the third section, the words following, "No new county

shall be established by the Legislature which is not entitled, by

its numbers, to a Representative."

And on the question thereupon, it was resolved in the affirm-

ative-yeas, 22; nays, 12.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Abrams, Bair, Browne, Carpenter, Dar-

linton, Donalson, Dunlavy, Gatch, Grubb, Humphrey, Hunting-

• 46
 

124      Ohio Arch. and His. Society Publications.

 

ton, Kirker, Kitchel, McIntire, Paul, Putnam, Reily, Updegraff,

Wilson, Woods and Worthington.

Those who voted in the negative are:

Messrs. Baldwin, Byrd, Caldwell, Cutler, Gilman, Goforth,

Massie, Milligan, Morrow, Sargent, Smith and Wells.

Another motion was then made further to amend the said

section by striking out after the word "than," in the fourth line,

the word "four," and insert in lieu thereof the word "five."

And on the question thereupon, it passed in the negative-

yeas, 11; nays, 23.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Caldwell, Cutler, Gilman, McIntire, Massie,

Putnam, Reily, Sargent, Smith and Wells.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Bair, Browne, Byrd, Carpenter,

Darlinton, Donalson, Dunlavy, Gatch, Goforth, Grubb, Humph-

rey, Huntington, Kirker, Kitchel, Milligan, Morrow, Paul, Wil-

son, Woods and Worthington.

Another motion was then made further to amend the said

article by striking out after the word "that," in the first line of

the fifth section these words, "after the year one thousand eight

hundred and six."

And on the question thereupon, it passed in the negative-

yeas, 12; nays, 21

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Abrams, Cutler, Gilman, Huntington, Mc-

Intire, Paul, Putnam, Reily, Updegraff, Wells and Woods.

Those who voted in the negative are:

Messrs. Baldwin, Browne, Byrd, Caldwell, Carpenter, Dar-

linton, Donalson, Dunlavy, Gatch, Goforth, Grubb, Humphrey,

Kirker, Kitchel, Massie, Milligan, Morrow, Sargent, Smith, Wil-

son and Worthington.

Another motion was then made further to amend the said

article by striking out the seventh section, in the words following:

Section 7. But no negro or mulatto shall ever be eligible

to any office, civil or military, or give their oath in any court

• 47
 

First Constitutional Convention.      125

 

of justice against a white person, be subject to do military duty,

or pay a poll-tax in this State; Provided always, and it is fully

understood and declared, that all negroes and mulattoes now in,

or who may hereafter reside in, this State, shall be entitled to

all the privileges of citizens of this State excepted by this con-

stitution.

And on the question thereupon, it was resolved in the affirm-

ative-yeas, 17; nays, 16.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Browne, Cutler, Dunlavy, Gatch, Gilman,

Goforth, Huntington, Kitchel, Milligan, Paul, Putnam, Reily,

Sargent, Updegraff, Wells and Wilson.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Bair, Byrd, Caldwell, Carpenter,

Darlinton, Donalson, Grubb, Humphrey, Kirker, Massie, Mor-

row, Smith, Woods and Worthington.

A motion was made and seconded to amend the said article

by adding a new section as the seventh section, in the words fol-

lowing:

Section 7. No negro or mulatto shall ever be eligible to any

office, civil or military, or be subject to military duty.

The previous question was called for by three members, to

wit: "Shall the main question, to receive the said section, be now

put?"

And on the previous question, "Shall the main question be

now put?" it was resolved in the negative.

The said article was further amended at the Secretary's table;

and, on the question being put, that the convention do receive

the said article as amended, it was resolved in the affirmative.

On motion, the eighth article of the constitution was taken

up and read the third time, in order for its final passage.

A motion was made to amend the said article by inserting

after the word "indenture," in the tenth line of the second section,

these words: "of any negro or mulatto."

And on the question thereupon, it was resolved in the affirm-

ative- yeas, 20; nays, 13.

• 48
 

126      Ohio Arch. and His. Society Publications.

 

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Abbot, Browne, Byrd, Caldwell, Carpenter, Dar-

linton, Gatch, Gilman, Goforth, Humphrey, Huntington, Kirker,

Kitchel, Massie, Morrow, Putnam, Smith, Updegraff, Wells and

Worthington.

Those who voted in the negative are:

Messrs. Abrams, Baldwin, Bair, Donalson, Dunlavy, Grubb,

McIntire, Milligan, Paul, Reily, Sargent, Wilson and Woods.

Another motion was then made further to amend the said

article by striking out after the word "worship," in the eighth

and ninth lines, the words, "and no religious test shall be re-

quired as a qualification to any office or trust of profit."

And on the question thereupon, it passed in the negative-

yeas, 6; nays, 28.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Caldwell, Cutler, Gilman, Humphrey, Morrow and

Putnam.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Baldwin, Bair, Browne, Byrd, Car-

penter, Darlinton, Donalson, Dunlavy, Gatch, Goforth, Grubb,

Huntington, Kirker, Kitchel, McIntire, Massie, Milligan, Paul,

Reily, Sargent, Smith, Updegraff, Wells, Wilson, Woods and

Worthington.

The said article was further amended at the Secretary's table.

And on the question that the convention do receive the said

article as amended, it was resolved in the affirmative.

On motion, the schedule to the constitution was taken up

and read the third time, in order for its final passage.

The said schedule was further amended at the Secretary's

table.

And on the question that the convention do receive the said

schedule, as amended, it was resolved in the affirmative.

And then the convention adjourned until to-morrow morn-

ing, ten o'clock.

• 49
 

First Constitutional Convention.       127

 

Saturday, November 27, 1802.

Mr. Goforth, from the committee appointed to prepare and

address to the President of the United States and both branches of

the Federal Legislature, expressive of the high sense the con-

vention entertain of the cheerful and philanthropic manner in

which they made provision for the admission of this State into

the Union, and expressive of their approbation of the present

administration of the General Government, made a report, which

was received and read the first time.

On motion, the said report was read the second time, and on

the question thereupon agreed to by the convention, in the words

following:

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 op-

portunity of announcing to you this important event. On this

occasion, the convention cannot help expressing their unequiv-

ocal approbation of the measures pursued by-the present admin-

istration of the General Government and both Houses of Con-

gress in diminishing the public burdens, cultivating peace with all

nations, and promoting the happiness and prosperity of our

country.

Resolved, That the President of this convention do inclose to

the President of the United States, to the President of the Senate

and to the Speaker of the House of Representatives of the United

States, the foregoing address.

On motion, the third article of the constitution was taken

up and read the third time, in order for its final passage.

A motion was made to further amend the said article at the

Secretary's table by striking out after the word "himself," in the

eighth line of the ninth section, the words following: "They shall

• 50
 

128      Ohio Arch. and His. Society Publications.

 

be removed for breach of good behavior, at any time, by the

Judges of the respective courts."

And on the question thereupon, it passed in the negative-

yeas, 13; nays, 20.

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Browne, Caldwell, Darlinton, Donalson, Dunlavy,

Grubb, Milligan, Morrow, Paul, Reily, Smith, Wilson and Worth-

ington.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Baldwin, Byrd, Carpenter, Cutler,

Gatch, Gilman, Goforth, Humphrey, Huntington, Kirker,

Kitchel, McIntire, Massie, Putnam, Sargent, Updegraff, Wells

and Woods.

The said article was further amended at the Secretary's table.

And on the question that the convention do receive the said

article, as amended, it was resolved in the affirmative.

On motion,

Ordered, That the constitution now framed be engrossed.

On motion, the report of the committee of the whole con-

vention, on Thursday last, on their disagreement to the report

of the select committee to whom were referred the propositions

made by Congress to the convention, for their acceptance or

rejection, was taken up and read; whereupon,

Ordered, That the said report be recommitted to Mr. Put-

nam, Mr. Smith, Mr. Huntington, Mr. Massie and Mr. Wells,

who are to report their opinion thereupon.

Mr. Putnam, from the committee to whom were recommit-

ted the propositions made by Congress to the convention, for

their acceptance or rejection, made a report which was received

and read the first time; whereupon,

Ordered, That the said report be committed to a committee

of the whole convention on Monday next.

And then the convention adjourned until Monday morning,

nine o'clock.

• 51
 

First Constitutional Convention.       129

 

Monday, November 29, 1802. The convention, according to the order of the day, resolved itself into a committee of the whole convention, on the report of the select committee to whom were recommitted the propo- sitions made by Congress to the convention, for their acceptance or rejection, Mr. Wells in the chair; and after some time spent therein, Mr. President resumed the chair and Mr. Wells reported that the committee of the whole convention had, according to order, had under their consideration the said report and made several amendments thereto, which he delivered in at the Sec- retary's table. The convention proceeded to consider the said amendments; and the same being read, some were agreed to and others dis- agreed to. The preamble to the said report being under consideration, in the words following: We, the Representatives of the people of the eastern division of the territory northwest of the river Ohio, being assembled in convention pursuant to an act of Congress entitled "An act to enable the people of the eastern division of the territory north- west of the river Ohio to form a constitution and State govern- ment, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes"; and having had under consideration the propositions offered by said act for our free acceptance or rejection, do resolve to accept the said proposition, provided the following addition to, and modification of, the said proposition shall be agreed to by the Congress of the United States, viz: A motion was made and seconded to strike out the proviso to the said preamble, in the words following: "Provided the following addition to, and modification of, the said propositions shall be agreed to by the Congress of the United States, viz." The previous question was called for by three of the mem- bers, to wit: "Shall the main question, to strike out the said proviso, be now put?" And on the previous question, shall the main question be now put? it was resolved in the negative-yeas, 11; nays, 22.

• 52
 

130      Ohio Arch. and His. Society Publications.

 

The yeas and nays being demanded, those who voted in the

affirmative are:

Messrs. Baldwin, Byrd, Caldwell, Carpenter, Darlinton,

Donalson, Gatch, Grubb, Kirker, Massie and Sargent.

Those who voted in the negative are:

Messrs. Abbot, Abrams, Bair, Browne, Cutler, Dunlavy,

Gilman, Goforth, Humphrey, Huntington, Kitchel, McIntire,

Milligan, Morrow, Paul, Putnam, Reily, Smith, Updegraff, Wells,

Wilson and Woods.

On motion,

Ordered, That a committee be appointed to prepare and

report a resolution for the ascertaining the fees of the officers

of the convention, and, that Mr. Reily, Mr. Browne and Mr.

Goforth be the said committee.

On motion,

Ordered, That a committee be appointed to prepare and

report a resolution on the subject of distributing the Journals

and constitution in the several counties, and that Mr. Dunlavy,

Mr. Paul and Mr. Bair be the said committee.

Mr. Reily, from the committee appointed to prepare and

report a resolution for the ascertaining the fees of the officers

of the convention, made a report, which was received, and read

the first time, and agreed to by the convention, in the words

following, to-wit:

Resolved, That there be allowed to the Secretary of this con-

vention the sum of three dollars per day, to the Assistant Secre-

tary the sum of three dollars per day, and to the door-keeper

the sum of one dollar and fifty cents per day, for their services

respectively, during their attendance on the convention.

Mr. Dunlavy, from the committee appointed to prepare and

report a resolution on the subject of distributing the Journals

of the convention and the constitution, made a report, which was

received and read the first time, and agreed to by the convention

in the words following:

Resolved, That the following number of copies of the Journal

of the convention and of the constitution of the State of Ohio

be sent by the printer, to be put in the possession of the members

of this convention to be distributed by them for the information

of the people, in their respective counties, to-wit:

• 53
 

First Constitutional Convention.      131

 

To the county of Adams, sixty copies of the Journal and

eighty-eight copies of the constitution, to be sent to Israel Don-

alson; to the county of Belmont, forty copies of the Journal and

sixty copies of the constitution, to be sent to James Caldwell, at

St. Clairville; To the county of Clermont, forty copies of the

Journal and sixty copies of the constitution, to be sent to Roger

Warren; to the county of Fairfield, forty copies of the Journal

and sixty copies of the constitution, to be sent to Emanuel Car-

penter; to the county of Hamilton, two hundred copies of the

Journal and two hundred and eighty copies of the constitution,

to be sent to John Reily; to the county of Jefferson, one hundred

copies of the Journal and one hundred and forty copies of the

constitution, to be sent to John Ward; to the county of Ross, one

hundred copies of the Journal and one hundred and forty copies

of the constitution, to be sent to Edward Tiffin; to the county

of Trumbull, forty copies of the Journal and sixty copies of the

constitution, to be sent to Calvin Peace; to the county of Wash-

ington, eighty copies of the Journal and one hundred and twelve

copies of the constitution, to be sent to Benjamin Ives Gilman.

On motion,

Resolved, That the Secretary of the convention be authorized

to deliver the engrossed constitution to the President, to be by

him kept until a Secretary of State shall be elected and duly

qualified, after which it will be the duty of the President to deliver

the said constitution to the Secretary of State, to be by him filed

in his office.

On motion,

Resolved, That the constitution be ratified by the convention.

And thereupon the following members ratified and sub-

scribed their names to the constitution, to-wit:

Edward Tiffin, President and Representative from the county

of Ross.

From Adams county, Joseph Darlinton, Israel Donalson

and Thos. Kirker.

From Belmont county, James Caldwell and Elijah Woods.

From Clermont county, Philip Gatch and James Sargent..

From Fairfield county, Henry Abrams and Emanuel Car-

penter.

• 54
 

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

• 55