Ohio History Journal
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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
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.
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,
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.
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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
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.
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
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-
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,
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-
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-
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,
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
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,
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.
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.
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.
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
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.
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
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
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,
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.
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-
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:
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.
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:
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
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-
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.
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
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."
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.
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-
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.
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
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.
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
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,
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.
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
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.
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:
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-
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
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.
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.
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
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.
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. |
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:
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.
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
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
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