Ohio History Journal

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

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Constitution of the State of Ohio- 1802.    133

 

enable the people of the eastern division of the territory of the

United States, northwest of the river Ohio, to form a constitution

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

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

other purposes," in order to establish justice, promote the welfare

and secure the blessings of liberty to ourselves and our posterity,

do ordain and establish the following constitution or form of

government, and do mutually agree with each other to form

ourselves into a free and independent State, by the name of the

State of Ohio:

ARTICLE I.

 

OF THE LEGISLATIVE POWERS.

SECTION 1. The legislative authority of this State shall be

vested in a General Assembly, which shall consist of a Senate

and a House of Representatives, both to be elected by the people.

(See Const. 1851, Art. II, § 1.)

SEC. 2. Within one year after the first meeting of the

General Assembly, and within every subsequent term of four

years, an enumeration of all the white male inhabitants, above

twenty-one years of age, shall be made in such manner as shall

be directed by law. The number of Representatives shall, at the

several periods of making such enumeration, be fixed by the

Legislature, and apportioned among the several counties accord-

ing to the number of white male inhabitants above twenty-one

years of age in each, and shall never be less than twenty-four,

nor greater than thirty-six, until the number of white male inhab-

itants, above twenty-one years of age, shall be twenty-two thous-

and inhabitants; and, after that event, at such ratio that the

whole number of Representatives shall never be less than thirty-

six, nor exceed seventy-two. (See Const. 1851, Art. XI.)

SEC. 3. The Representatives shall be chosen annually by

the citizens of each county, respectively, on the Second Tuesday

of October. (See Const. 1851, Art. II, § 2.)

SEC. 4. No person shall be a Representative who shall not

have attained the age of twenty-five years, and be a citizen of the

United States, and an inhabitant of this State; shall also have

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resided within the limits of the county in which he shall be chosen,

one year preceding his election, unless he shall have been absent

on the public business of the United States, or of this State, and

shall have paid a State or county tax. (See Const. 1851, Art.

II, § 3.)

SEC. 5. The Senators shall be chosen biennially, by the

qualified voters for Representatives; and on their being con-

vened in consequence of the first election, they shall be divided

by lot, from their respective counties and districts, as near as

can be, into two classes; the seats of the Senators of the first class

shall be vacated at the expiration of the first year, and of the

second class at the expiration of the second year; so that one-

half thereof, as near as possible, may be annually chosen forever

thereafter. (See Const. 1851, Art. II, § 2.)

SEC. 6. The number of Senators shall, at the several

periods of making the enumeration beforementioned, be fixed

by the Legislature, and apportioned among the several counties

or districts, to be established by law, according to the number

of white male inhabitants of the age of twenty-one years in each,

and shall never be less than one-third, nor more than one-half,

of the number of Representatives.

SEC. 7. No person shall be a Senator who has not arrived

at the age of thirty years, and is a citizen of the United States;

shall have resided two years in the county or district immediately

preceding the election, unless he shall have been absent on the

public business of the United States, or of this State; and shall,

moreover, have paid a State or county tax. (See Const. 1851,

Art. II, § 2.)

SEC. 8. The Senate and House of Representatives, when

assembled, shall each choose a speaker and its other officers, be

judges of the qualifications and elections of its members, and sit

upon its own adjournments; two-thirds of each house shall con-

tinue a quorum to do business; but a smaller number may ad-

journ from day to day, and compel the attendance of absent

members. (See Const. 1851, Art. II, §§ 6, 7.)

SEC. 9. Each house shall keep a journal of its proceedings,

and publish them, the yeas and nays of the members, on any

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Constitution of the State of Ohio-1802.     135

 

question shall, at the desire of any two of them, be entered on

the journals. (See Const. 1851, Art. II, § 9.)

SEC. 10. Any two members of either house shall have

liberty to dissent from, and protest against, any act or resolu-

tion which they may think injurious to the public or any indi-

vidual, and have the reasons of their dissent entered on the

journals. (See Const. 1851, Art. II, § 10.)

SEC. 11. Each house may determine the rules of the pro-

ceedings, punish its members for disorderly behavior, and with

the concurrence of two-thirds, expel a member, but not a second

time for the same cause; and shall have all other powers necessary

for a branch of the Legislature of a free and independent State.

(See Const. 1851, Art. II, § 8.)

SEC. 12. When vacancies happen in either house, the Gov-

ernor or the person exercising the power of the Governor, shall

issue writs of election to fill such vacancies. (See Const. 1851,

Art. II, § 11.)

SEC. 13. Senators and Representatives shall, in all cases,

except treason, felony or breach of the peace, be privileged from

arrest during the session of the General Assembly, and in going

to and returning from the same; and for any speech or debate

in either house, they shall not be questioned in any other place.

(See Const. 1851, Art. II, § 12.)

SEC. 14. Each house may punish, by imprisonment during

their session, any person not a member, who shall be guilty of

disrespect to the house, by any disorderly or contemptuous beha-

vior in their presence; provided that such imprisonment shall

not, at one time, exceed twenty-four hours.

SEC. 15. The doors of each house, and of committees of

the whole, shall be kept open, except in such cases, as in the

opinion of the house, require secrecy. Neither house shall, with-

out the consent of the other, adjourn for more than two days,

nor to any other place than that in which the two houses shall

be sitting. (See Const. 1851, Art. II, §§ 13, 14.)

SEC. 16. Bills may originate in either house, but may be

altered, amended or rejected by the other. (See Const. 1851,

Art. II, § 15.)

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SEC. 17. Every bill shall be read on three different days

in each house, unless, in case of urgency, three-fourths of the

house where such bill is so depending, shall deem it expedient to

dispense with this rule, and every bill having passed both houses,

shall be signed by the speakers of their respective houses. (See

Const. 1851, Art. II, § 17.)

SEC. 18. The style of the laws of this State shall be: Be

it enacted by the General Assembly of the State of Ohio. (See

Const. 1851, Art. II, § 18.)

SEC. 19. The Legislature of this State shall not allow the

following officers of government greater annual salaries than as

follows, until the year one thousand eight hundred and eight,

to-wit: The Governor not more than one thousand dollars, the

judges of the Supreme Court not more than one thousand dol-

lars each, the presidents of the Court of Common Pleas not more

than eight hundred dollars each, the Secretary of State not more

than five hundred dollars, the Auditor of Public Accounts not

more than seven hundred and fifty dollars, the Treasurer not more

than four hundred and fifty dollars; no member of the Legislature

shall receive more than two dollars per day during his attendance

on the Legislature, nor more for twenty-five miles he shall travel

in going to and returning from the General Assembly.

SEC. 20. No Senator or Representative shall, during the

time for which he shall have been elected, be appointed to any

civil office under this State, which shall have been created, or

the emoluments of which shall have been increased, during such

time. (See Const. 1851, Art. II, § 22.)

SEC. 21. No money shall be drawn from the treasury, but

in consequence of appropriation made by law. (See Const. 1851,

Art. II, § 22.)

SEC. 22. An accurate statement of the receipts and expen-

ditures of the public money shall be attached to, and published

with, the laws annually.

SEC. 23. The House of Representatives shall have the sole

power of impeaching, but a majority of all the members must

concur in an impeachment; all impeachments shall be tried by

the Senate; and when sitting for that purpose, the Senators shall

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Constitution of the State of Ohio - 1802.  137

 

be upon oath or affirmation to do justice according to law and

evidence; no person shall be convicted without the concurrence

of two thirds of all the Senators. (See Const. 1851, Art. II, §23.)

SEC. 24. The Governor, and all other civil officers under

this State, shall be liable to impeachment for any misdemeanor

in office; but judgment in such case shall not extend further than

removal from office, and disqualification to hold any office of

honor, profit, or trust, under this State. The party, whether con-

victed or acquitted, shall nevertheless be liable to indictment, trial

judgment and punishment, according to law. (See Const. 1851,

Art. II, § 24.)

SEC. 25. The first session of the General Assembly shall

commence on the first Tuesday of March next; and, forever after,

the General Assembly shall meet on the first Monday of Decem-

ber, in every year, and at no other period, unless, directed, by

law, or provided for by this constitution. (See Const. 1851, Art.

II, § 25.)

SEC. 26. No judge of any court of law or equity, Secretary

of State, Attorney General, register clerk of any court of record,

sheriff or collector, member of either house of Congress, or person

holding any office under the authority of the United States, or

any lucrative office under the authority of this State (provided

that appointments in the militia or justice of the peace, shall not

be considered lucrative offices), shall be eligible as a candidate

for, or have a seat in the General Assembly. (See Const. 1851,

Art. II, § 4.)

SEC. 27. No person shall be appointed to any office within

any county, who shall not have been a citizen and inhabitant

therein, one year next before his appointments, if the county shall

have been so long erected, but if the county shall not have been

so long erected, then within the limits of the county or counties

out of which it shall have been taken.

SEC. 28. No person who heretofore hath been, or hereafter

may be a collector or holder of public moneys, shall have a seat

in either house of the General Assembly, until such person shall

have accounted for, and paid into the treasury, all sums for

which he may be accountable or liable. (See Const. 1851, Art.

II, § 5.)

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ARTICLE II.

 

OF THE EXECUTIVE.

SECTION 1. The supreme executive power of this State

shall be vested in a Governor. (See Const. 1851, Art. III, § 5;

Art. VI, § 2.)

SEC. 2. The Governor shall be chosen by the electors of

the members of the General Assembly, on the second Tuesday

of October, at the same places, and in the same manner, that they

shall respectively vote for members thereof. The return of every

election for Governor, shall be sealed up and transmitted to the

seat of government, by the returning officers, directed to the

speaker of the Senate, who shall open and publish them, in the

presence of a majority of the members of each house of the Gen-

eral Assembly; the person having the highest number of votes

shall be Governor; but if two or more shall be equal and highest

in votes, one of them shall be chosen Governor by joint ballot

of both houses of the General Assembly. Contested elections

for Governor shall be determined by both houses of the General

Assembly, in such manner as shall be prescribed by law. (See

Const. 1851, Art. III, §§ 1, 3.)

SEC. 3. The first Governor shall hold his office until the

first Monday of December, one thousand eight hundred and five,

and until another Governor shall be elected and qualified to office;

and forever after shall the Governor hold his office for the term of

two years and until another governor shall be elected and qual-

ified, but he shall not be eligible more than six years in any term

of eight years. He shall be either thirty years of age and have

been a citizen of the United States twelve years and an inhabitant

of this State four years next preceding his election. (See Const.

1851, Art. III, § 2.)

SEC. 4. He shall, from time to time, give to the General

Assembly information of the state of the government and rec-

ommend to their consideration such measures as he shall deem

expedient. (See Const. 1851, Art. III, § 11.)

SEC. 6. The Governor shall, at stated times, receive for

his service a compensation, which shall neither be increased nor

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Constitution of the State of Ohio-1802.     139

 

diminished during the term for which he shall have been elected.

(See Const. 1851, Art. III, § 19.)

SEC. 7. He may require information, in writing, from the

officers in the executive department upon any subject relating to

the duties of their respective offices, and shall take that the laws

be faithfully executed. (See Const. 1851, Art. III, § 6.)

SEC. 8. When any officer, the right of whose appointment

is, by this constitution, vested in the General Assembly, shall dur-

ing the recess, die, or his office by any means become vacant,

the Governor shall have power to fill such vacancy by granting

a commission, which shall expire at the end of the next session

of the Legislature.

SEC. 9. He may, on extraordinary occasions, convene the

General Assembly, by proclamation, and shall state to them,

when assembled, the purposes for which they shall have been

convened. (See Const. 1851, Art. III, § 8.)

SEC. 10. He shall be commander-in-chief of the army and

navy of this State, and of the militia, except when they shall be

called into the service of the United States. (See Const. 1851,

Art. III, § 10.)

SEC. 11. In case of disagreement between the two Houses,

with the respect to the time of adjournment, the Governor shall

have the power to adjourn the General Assembly to such time

as he thinks proper; provided it is not a period beyond the an-

nual meeting of the Legislature. (See Const. 1851, Art. III, § 9.)

SEC. 12. In case of the death, impeachment, resignation

or removal of the Governor from office, the Speaker of the Senate

shall exercise the office of Governor until he be acquitted or an-

other Governor shall be duly qualified. In case of the impeach-

ment of the Speaker of the Senate, or his death, removal from

office, resignation or absence from the State, the Speaker of the

House of Representatives shall succeed to the office and exer-

cise the duties thereof until a governor shall be elected and qual-

ified. (See Const. 1851, Art. III, §§ 15, 17.)

SEC. 13. No member of Congress, or person holding any

office under the United States, or this State, shall execute the

office of Governor. (See Const. 1851, Art. III, § 14.)

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SEC. 14. There shall be a seal of this State, which shall be

kept by the Governor and used by him officially, and shall be

called "The great Seal of the State of Ohio." (See Const. 1851,

Art. III, § 12.)

SEC. 15. All grants and commissions shall be in the name

and by the authority of the State of Ohio, sealed with the seal,

signed by the Governor, and countersigned by the Secretary.

(See Const. 1851, Art. III, § 13.)

 

SECRETARY OF STATE.

SEC. 16. A Secretary of State shall be appointed by a joint

ballot of the Senate and House of Representatives, who shall

continue in office three years, if he shall so long behave himself

well. He shall keep a fair register of all the official acts and pro-

ceedings of the Governor; and shall, when required, lay the same,

and all papers, minutes and vouchers relative thereto, before

either branch of the Legislature, and shall perform such other

duties as shall be assigned him by law. (See Const. 1851, Art.

III, §§ 1, 2.)

ARTICLE III.

 

OF THE JUDICIARY.

SECTION 1. The judicial power of this State, both as to

matters of law and equity, shall be vested in a Supreme Court,

in Courts of Common Pleas for each county, in Justices of the

Peace, and in such other courts as the Legislature may, from

time to time, establish. (See Const. 1851, Art. IV, § 1.)

SEC. 2. The Supreme Court shall consist of three Judges,

and two of whom shall be a quorum. They shall have original

and appellate jurisdiction both in common law and chancery, in

such cases as shall be directed by law; provided, that nothing

herein contained shall prevent the General Assembly from add-

ing another Judge to the Supreme Court after the term of five

years; in which case the Judges may divide the State into two

circuits, within which any two of the Judges may hold a court.

(See Const. 1851, Art. IV, § 2.)

SEC. 3. The several Courts of Common Pleas shall con-

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Constitution of the State of Ohio -1802.    141

 

sist of a President and Associate Judges. The State shall be

divided, by law, into three circuits; there shall be appointed in

each circuit a President of the Courts who, during his continuance

in office, shall reside therein. There shall be appointed in each

county not more than three nor less than two Associate Judges

who, during their continuance in office, shall reside therein. The

President and Associate Judges, in their respective counties, any

three of whom shall be a quorum, shall compose the Court of

Common Pleas; which court shall have common law and chan-

cery jurisdiction in all such cases as shall be directed by law;

provided, that nothing herein contained shall be construed to

prevent the Legislature from increasing the number of circuits

and Presidents after the term of five years. (See Const. 1851,

Art. IV, §§ 3, 4, 12.)

SEC. 4. The Judges of the Supreme Court and Courts of

Common Pleas shall have complete criminal jurisdiction in such

cases and in such manner as may be pointed out by law. (See

Const. 1851, Art. IV, § 4.)

SEC. 5. The Court of Common Pleas in each county shall

have jurisdiction of all probate and testamentary matters, grant-

ing administration, the appointments of guardians, and such other

cases as shall be prescribed by law. (See Const. 1851, Art. IV,

§§ 4, 8.)

SEC. 6. The Judges of the Court of Common Pleas shall,

within their respective counties, have the same powers with the

Judges of the Supreme Court, to issue writs of certiorari to the

Justices of the Peace, and to cause their proceedings to be brought

before them, and the like right and justice to be done. (See

Const. 1851, Art. IV, § 4.)

SEC. 7. The Judges of the Supreme Court shall, by virtue

of their offices, be conservators of the peace throughout the State.

The President of the Courts of Common Pleas shall, by virtue of

their offices, be conservators of the peace in their respective cir-

cuits; and the Judges of the Courts of the Common Pleas shall,

by virtue of their offices, be conservators of the peace in their

respective counties.

SEC. 8. The Judges of the Supreme Court, the President

and the Associate Judges of the Courts of Common Pleas shall

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be appointed by a joint ballot of both Houses of the General

Assembly, and shall hold their offices for the term of seven years,

if so long they behave well. The Judges of the Supreme Court

and the President of the Court of Common Pleas shall, at stated

times, receive for their services an adequate compensation, to

be fixed by law, which shall not be diminished during their con-

tinuance in office; but they shall receive no fees or perquisites

of office, nor hold any other office of profit or trust under the

authority of this State or the United States. (See Const. 1851,

Art. IV, §§ 12, 14.)

SEC. 9. Each court shall appoint its own clerk for the term

of seven years; but no person shall be appointed clerk, except

pro tempore, who shall not produce to the court appointing him

a certificate from a majority of the Judges of the Supreme Court,

that they judge him to be well qualified to execute the duties of

the office of clerk to any court of the same dignity with that for

which he offers himself. They shall be removable for breach of

good behavior at any time by the judges of the respective courts.

(See Const. 1851, Art. IV, § 16.)

SEC. 10. The Supreme Court shall be held once a year in

each county, and the Courts of Common Pleas shall be holden

in each county, at such times and places, as shall be prescribed

by law.

SEC. 11. A competent number of Justices of the Peace

shall be elected by the qualified electors in each township in the

several counties and shall continue in office three years, whose

powers and duties shall, from time to time, be regulated and

defined by law. (See Const. 1851, Art. IV, § 9.)

SEC. 12. The style of all process shall be, "The State of

Ohio"; all prosecutions shall be carried on in the name and by

the authority of the State of Ohio, and all indictments shall con-

clude, "against the peace and dignity of the same." (See Const.

1851, Art. IV, § 20.)

ARTICLE IV.

OF ELECTIONS AND ELECTORS.

SECTION 1. In all elections, all white male inhabitants

above the age of twenty-one years, having resided in the State

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Constitution of the State of Ohio-1802.     143

 

one year next preceding the election, and who have paid or are

charged with a State or county tax, shall enjoy the right of an

elector; but no person shall be entitled to vote, except in the

county or district in which he shall actually reside at the time of

the election. (See Const. 1851, Art. V, § 1.)

SEC. 2. All elections shall be by ballot. (See Const. 1851,

Art. V, § 2.)

SEC. 3. Electors shall, in all cases except treason, felony

or breach of the peace, be privileged from arrest, during their

attendance at elections, and in going to and returning from the

same. (See Const. 1851, Art. V, § 3.)

SEC. 4. The Legislature shall have full power to exclude

from the privilege of electing, or being elected, any person con-

victed of bribery, perjury, or any other infamous crime. (See

Const. 1851, Art. V, § 4.)

SEC. 5. Nothing contained in this article shall be so con-

strued as to prevent white male persons, above the age of twenty-

one years, who are compelled to labor on the roads of their re-

spective townships or counties, and who have resided one year

in the State, from having the right of an elector. (See Const.

1851, Art. V, § 1.)

ARTICLE V.

OF THE MILITIA OFFICERS.

SECTION 1. Captains and subalterns in the militia shall

be elected by those persons in their respective company districts

subject to military duty.

SEC. 2. Majors shall be elected by the captains and sub-

alterns of the battalion.

SEC. 3. Colonels shall be elected by the majors, captains

and subalterns of the regiment.

SEC. 4. Brigadier-generals shall be elected by the com-

missioned officers of their respective brigades.

SEC. 5. Majors general and quartermasters general shall

be appointed by joint ballot of both Houses of the Legislature.

SEC. 6. The Governor shall appoint the adjutant-general.

The majors general shall appoint their aids and other division

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staff officers. The brigadiers general shall appoint their brigade

majors and other brigade staff officers. The commanding offi-

cers of regiments shall appoint their adjutants, quartermasters

and other regimentals shall appoint their adjutants, quartermas-

ters and other regimental staff officers; and the captains and sub-

alterns shall appoint their non-commissioned officers and mu-

sicians.

SEC. 7. The captains and subalterns of the artillery and

cavalry shall be elected by the persons enrolled in their respective

corps; and the majors and colonels shall be appointed in such

manner as shall be directed by law. The colonels shall appoint

their regimental staff; and the captains and subalterns their non-

commissioned officers and musicians. (See Const. 1851, Art. IX.)

 

ARTICLE VI.

 

OF CIVIL OFFICERS.

SECTION 1. There shall be elected in each county one

sheriff and one coroner by the citizens thereof who are qualified

to vote for members of the assembly; they shall be elected at

the time and place of holding elections for members of assembly;

they shall continue in office two years, if they shall so long behave

well, and until successors be chosen and duly qualified; provided,

that no person shall be eligible as sheriff for a longer term than

four years in any term of six years. (See Const. 1851, Art. X,

§§ 1-3.)

SEC. 2. The State Treasurer and Auditor shall be trien-

nially appointed by a joint ballot of both Houses of the Legis--

lature.

SEC. 3. All town and township officers shall be chosen

annually by the inhabitants thereof duly qualified to vote for

members of Assembly, at such time and place as may be directed

by law. (See Const. 1851, Art. X, § 1.)

SEC. 4. The appointments of all civil officers, not other-

wise directed by this constitution, shall be made in such manner

as may be directed by law.

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Constitution of the State of Ohio -1802.   145

 

ARTICLE VII.

 

OFFICIAL OATHS.

SECTION 1. Every person who shall be chosen or ap-

pointed to any office, or trust, or profit under the authority of

this State shall, before the entering on the execution thereof,

taking an oath or affirmation to support the constitution of the

United States and of this State, and also an oath of office. (See

Const. 1851, Art. XV, § 7.)

 

 

BRIBERY AT ELECTIONS.

SEC. 2. Any elector who shall receive any gift or reward

for his vote in meat, drink, money or otherwise, shall suffer such

punishment as the law shall direct; and any person who shall,

directly or indirectly, give, promise or bestow any such reward

to be elected, shall thereby be rendered incapable, for two years,

to serve in the office for which he was elected and be subject to

such other punishment as shall be directed by law.

 

OF NEW COUNTIES.

SEC. 3. No new county shall be established by the Gen-

eral Assembly which shall reduce the county or counties, or either

of them, from which it shall be taken, to less contents than four

hundred square miles; nor shall any county be laid off of less

contents. Every new county, as to the right of suffrage and

representation, shall be considered as a part of the county or

counties from which it was taken until entitled by numbers to

the right of representation. (See Const. 1851, Art. II, § 30.)

 

OF THE SEAT OF GOVERNMENT.

SEC. 4. Chillicothe shall be the seat of government until

the year one thousand eight hundred and eight. No money shall

be raised, until the year one thousand eight hundred and nine,

by the Legislature of this State for the purpose of erecting public

buildings for the accommodation of the Legislature. (See Const.

1851, Art. XV, § 1.)

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OF AMENDMENTS TO THE CONSTITUTION.

SEC. 5. That after the year one thousand eight hundred

and six, whenever two-thirds of the General Assembly shall think

it necessary to amend or change this constitution, they shall rec-

ommend to the electors, at the next election for members to the

General Assembly, to vote for or against a convention, and if it

shall appear that a majority of the citizens of the State, voting

for Representatives, have voted for a convention, the General

Assembly shall, at their next session, call a convention, to con-

sist of as many members as there shall be in the General As-

sembly; to be chosen in the same manner, at the same place,

and by the same electors that choose the General Assembly; who

shall meet within three months after the said election for the pur-

pose of revising, amending or changing the constitution. But

no alteration of this constitution shall ever take place, so as to

introduce slavery or involuntary servitude into this State. (See

Const. 1851, Art. XVI, § 2.)

 

BOUNDARIES OF THE STATE.

SEC. 6. That the limits and boundaries of this State be

ascertained, it is declared that they are as hereafter mentioned;

that is to say: bounded on the east by the Pennsylvania line; on

the south by the Ohio River to the mouth of the Great Miami,

aforesaid; and on the north by an east and west line and drawn

through the southerly extreme of Lake Michigan, running east,

after intersecting the due north line, aforesaid, from the mouth

of the Great Miami until it shall intersect Lake Erie or the ter-

ritorial line, and thence with the same, through Lake Erie, to

the Pennsylvania line aforesaid; provided always, and it is hereby

fully understood and declared by this convention, that if the

southerly bend or extreme of Lake Michigan should extend so

far south, that a line drawn due east from it should not intersect

Lake Erie, or if it should intersect the said Lake Erie, east of

the mouth of the Miami River of the Lake, then in that case, with

the assent of Congress of the United States, the northern boun-

dary of this State shall be established by, and extended to a direct

line running from the southern extremity of Lake Michigan to

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Constitution of the State of Ohio -1802.     147

 

the most northerly cape of the Miami Bay, after intersecting the

due north line from the mouth of the Great Miami River as afore-

said, thence northeast to the territorial line, and, by the said ter-

ritorial line to the Pennsylvania line.

 

ARTICLE VIII.

 

BILL OF RIGHTS.

That the general, great and essential principles of liberty and

free government may be recognized and forever unalterably estab-

lished, we declare:

SECTION 1. That all men are born equally free and in-

dependent, and have certain natural, inherent and unalienable

rights; amongst which are the enjoying and defending life and lib-

erty, acquiring, possessing and protecting property, and pursuing

and obtaining happiness and safety; and every free republican

government, being founded on their sole authority, and organized

for the great purpose of protecting their rights and liberties, and

securing their independence; to effect these ends, they have at

all times a complete power to alter, reform or abolish their gov-

ernment, whenever they may deem it necessary. (See Const.

1851, Art. I, §§ 1, 2.)

SEC. 2. There shall be neither slavery nor involuntary

servitude in this State, otherwise than for the punishment of

crimes, whereof the party shall have been duly convicted; nor

shall any male person, arrived at the age of twenty-one years,

or female person arrived at the age of eighteen years, be held to

serve any person as a servant, under the pretense of indenture

or otherwise, unless such person shall enter into such indenture

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

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

except as before excepted. Nor shall any indenture of any negro

or mulatto hereafter made and executed out of the State, or

if made in the State, where the term of service exceeds one

year, be of the least validity, except those given in the case of

apprenticeships. (See Const. 1851, Art. I, § 6.)

SEC. 3. That all men have a natural and indefeasible right

to worship Almighty God according to the dictates of con-

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science; that no human authority can, in any case whatever,

control or interfere with the rights of conscience; that no man

shall be compelled to attend, erect or support any place of wor-

ship, or to maintain any ministry, against his consent, and that no

preference shall ever be given, by law, to any religious society

or mode of worship, and no religious test shall be required as

a qualification to any office of trust or profit. But religion, mor-

ality and knowledge being essentially necessary to good govern-

ment and the happiness of mankind, schools and the means of

instructions shall forever be encouraged by legislative provision

not inconsistent with the rights of conscience. (See Const. 1851,

Art. I, § 7.)

SEC. 4. Private property ought and shall ever be held

inviolate, but always subservient to the public welfare, provided

a compensation in money be made to the owner. (See Const.

1851, Art. I, § 19 and Note.)

SEC. 5. That the people shall be secure in their persons,

houses, papers, and possessions, from unwarrantable searches

and seizures; and that general warrants, whereby an officer may

be commanded to search suspected places, without probable

evidence of the fact committed, or to seize any person or per-

sons not named, whose offenses are not particularly described,

and without oath or affirmation, are dangerous to liberty, and

shall not be granted. (See Const. 1851, Art. I, § 14.)

SEC. 6. That the printing presses shall be open and free

to every citizen who wishes to examine the proceedings of any

branch of government, or the conduct of any public officer, and

no law shall ever restrain the right thereof. Every citizen has

an indisputable right to speak, write or print, upon any subject,

as he thinks proper, being liable for the abuse of that liberty.

In prosecutions for any publication respecting the official conduct

of men in a public capacity, or where the matter published is

proper for public information, the truth thereof may always be

given in evidence; and in all indictments for libels, the jury shall

have the right to determine the law and the facts, under the direc-

tion of the court, as in other cases. (See Const. 1851, Art. I, § 11.)

SEC. 7. That all courts shall be open, and every person,

for an injury done him in his lands, goods, person or reputation,

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Constitution of the State of Ohio -1802.     149

 

shall have remedy by the due course of law, and right and justice

administered, without denial or delay. (See Const. 1851, Art.

I, § 16,)

SEC. 8. That the right of trial by jury shall be inviolate.

(See Const. 1851, Art. I, § 5.)

SEC. 9. That no power of suspending laws shall be exer-

cised, unless by the Legislature. (See Const. 1851, Art. I, § 18.)

SEC. 10. That no person arrested or confined in jail shall

be treated with unnecessary rigor, or be put to answer any crim-

inal charge, but by presentment, indictment or impeachment.

(See Const. 1851, Art. I, § 10.)

SEC. 11. That in all criminal prosecutions the accused has

a right to be heard by himself and his counsel to demand the

nature and cause of the accusation against him, and to have a

copy thereof; to meet the witness face to face; to have compul-

sory process for obtaining witnesses in his favor, and in prosecu-

tions by indictment or presentment, a speedy public trial, by an

impartial jury of the county or district in which the offense shall

have been committed, and shall not be compelled to give evidence

against himself, nor shall he twice be put in jeopardy for the same

offense. (See Const. 1851, Art. I, § 10.)

SEC. 12. That all persons shall be bailable by sufficient

sureties, unless for capital offenses, where the proof is evident

or the presumption is great; and the privilege of the writ of habeas

corpus shall not be suspended, unless when the case of rebellion

or invasion, the public safety may require it. (See Const. 1851,

Art. I, §§ 8, 9.)

SEC. 13. Excessive bail shall not be required; excessive

fines shall not be imposed, nor cruel and unusual punishment

inflicted. (See Const. 1851, Art. I, § 9.)

SEC. 14. All penalties shall be proportioned to the nature

of the offense. No wise Legislature will affix the same punish-

ment to the crimes of theft, forgery, and the like, which they do

to those of murder and treason. When the same undistinguished

severity is exerted against all offenses, the people are led to forget

the real distinction in the crimes themselves, and to commit the

most flagrant with as little compunction as they do the slightest

offenses. For the same reasons, a multitude of sanguinary laws

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150        Ohio Arch. and His. Society Publications.

 

are both impolitic and unjust; the true design of all punishment

being to reform, not to exterminate mankind.

SEC. 15. The person of a debtor, where there is not strong

presumption of fraud, shall not be continued in prison, after deliv-

ering up his estate for the benefit of his creditor or creditors, in

such manner as shall be prescribed by law. (See Const. 1851,

Art. I, § 15.)

SEC. 16. No ex post facto law nor any law impairing the

validity of contracts, shall ever be made; and no conviction shall

work corruption of blood, or forfeiture of estate. (See Const.

1851, Art. II, § 28.)

SEC. 17. That no person shall be liable to be transported

out of this State for any offense committed in the State. (See

Const. 1851, Art. I, § 12.)

SEC. 18. That a frequent recurrence to the fundamental

principles of civil government is absolutely necessary to preserve

the blessings of liberty.

SEC. 19. That the people have a right to assemble together,

in a peaceable manner, to consult for their common good, to

instruct their Representatives, and to apply to the Legislature for

a redress of grievances. (See Const. 1851, Art. I, § 3.)

SEC. 20. That the people have a right to bear arms for the

defence of themselves and the State; and as standing armies in

time of peace are dangerous to liberty, they shall not be kept

up; and that the military shall be kept under strict subordination

to the civil power. (See Const. 1851, Art. I, § 4.)

SEC. 21. That no person in this State, except such as

are employed in the army or navy of the United States or militia

in actual service, shall be subject to corporal punishment, under

the military law.

SEC. 22. That no soldier, in time of peace, be quartered

in any house without the consent of the owner, nor in time of

war, but in the manner prescribed by law. (See Const. 1851,

Art. I, § 13.)

SEC. 23. That the levying taxes by the poll is grievous

and oppressive; therefore the Legislature shall never levy a poll

tax for county or State purposes. (See Const. 1851, Art. XII,

§ 1.)

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Constitution of the State of Ohio - 1802.    151

 

SEC. 24. That no hereditary emoluments, privileges or

honors shall ever be granted or conferred by this State. (See

Const. 1851, Art. I, § 17.)

SEC. 25. That no law shall be passed to prevent the poor

in the several counties and townships, within this State, from an

equal participation in the schools, academies, colleges and uni-

versities within this State, which are endowed, in whole or in

part, from the revenue arising from donations made by the United

States, for the support of schools, academies and universities,

shall be open for the reception of scholars and students and

teachers, of every grade, without any distinction or preference

whatever, contrary to the intent for which said donations were

made.

SEC. 26. That laws shall be passed by the Legislature

which shall secure to each and every denomination of religious

societies, in each surveyed township, which is now, or may

hereafter be formed in the State, an equal participation accord-

ing to their number of adherents of the profits arising from the

land granted by Congress, for the support of religion, agreeably

to the ordinance or act of Congress making the appropriation.

SEC. 27. That every association of persons, when regu-

larly formed, within this State, and having given themselves a

name, may on application to the Legislature, be entitled to

receive letters of incorporation, to enable them to hold estates,

real and personal, for the support of their schools, academies,

colleges, universities, and for other purposes.

SEC. 28. To guard against the transgressions of the high

powers, which we have delegated, we declare, that all powers, not

hereby delegated, remain with the people. (See Const. 1851,

Art. I, § 20.)

SCHEDULE.

SECTION 1. That no evils or inconveniencies may arise,

from the change of a territorial government to a permanent State

government, it is declared by this convention, that all rights, suits

actions, prosecutions, claims and contracts, both as it respects

individuals and body corporate, shall continue, as if no change

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152       Ohio Arch. and His. Society Publications.

 

had taken place in the government. (See Const, 1851, Sched.,

§ 1.)

SEC. 2. All fines, penalties and forfeitures, due and owing

to the territory of the United States, northwest of the river Ohio,

shall inure to the use of the State. All bonds executed to the

Governor, or any other officer in his official capacity, in the

territory, shall pass over to the Governor and other officers of

the State, and their successors in office, for the use of the State,

or by him or them to be respectively assigned over to the use

of those concerned, as the case may be.

SEC. 3. The Governor, Secretary and judges, and all other

officers under the territorial government, shall continue in the

exercise of the duties of their respective departments until the

said officers are superseded under the authority of this constitu-

tion. (See Const. 1851, Sched., § 10.)

SEC. 4. All laws, and parts of laws, now in force in this

territory, not inconsistent with this constitution, shall continue

and remain in full effect, until repealed by the Legislature, except

so much of the act entitled, "An act regulating the admission

and practice of attorneys and counsellors-at-law", and of the act

made amendatory thereto, as related to the term of time which

the applicant shall have studied law, his residence within the

territory, and the term of time which he shall have practiced as

an attorney-at-law, before he can be admitted to the degree of

a counsellor-at-law. (See Const. 1851, Sched., § 1.)

SEC. 5. The Governor of the State shall make use of his

private seal, until a State seal be procured.

SEC. 6. The President of the convention shall issue writs

of election to the sheriffs of the several counties, requiring them to

proceed to the election of a Governor, members of the General

Assembly, sheriffs and coroners, at the respective election dis-

tricts in each county, on the second Tuesday of January next;

which election will be conducted in the manner prescribed by

the existing election laws of the territory; and the members of

the General Assembly, then elected, shall continue to exercise the

duties of their respective offices, until the next annual or biennial

election thereafter, as prescribed in this constitution, and no

longer.

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Constitution of the State of Ohio--1802.   153

 

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

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

tion, the county of Hamilton, shall be entitled to four Senators

and eight Representatives; the county of Clermont, one Senator

and two Representatives; the county of Adams, one Senator and

three Representatives; the county of Ross, two Senators and

four Representatives; the county of Fairfield, one Senator and

two Representatives; the county of Washington, two Senators and

three Representatives; the county of Belmont, one Senator and

two Representatives; the county of Jefferson, two Senators and

four Representatives, and the county of Trumbull, one Senator

and two Representatives.

Done in convention, at Chillicothe, the twenty-ninth day of

November, in the year of our Lord one thousand eight hundred

and two, and of the independence of the United States of America,

the twenty-seventh.

In testimony whereof, we have hereunto subscribed our

names.

Edward Tiffin, President and Representative from the county

of Ross.

Adams county, Joseph Darlington, Israel Donalson, Thomas

Kirker.

Belmont county, Thomas Caldwell, Elijah Woods.

Clermont county, Philip Gatch, James Sargent.

Fairfield county, Henry Abrams, Emanuel Carpenter.

Hamilton county, John W. Browne, Chas. Willing Byrd,

Francis Dunlavy, William Goforth, John Kitchel, Jeremiah Mor-

row, John Paul, John Reily, John Smith.

Jefferson county, Rudolph Bair, George Humphrey, John

Milligan, Nathan Updegraff, Bazaleel Wells.

Ross county, Michael Baldwin, James Grubb, Nathaniel

Massie, Thomas Worthington.

Trumbull county, David Abbot, Samuel Huntington.

Washington county, Ephraim Cutler, Benjamin Ives Gil-

man, John McIntire, Rufus Putnam.

Attest:                         THOMAS SCOTT,

Secretary.

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154      Ohio Arch. and His. Society Publications.

 

COMMUNICATION

FROM THE CONSTITUTIONAL CONVENTION TO THE PRESIDENT

AND CONGRESS OF THE UNITED STATES.

CHILLICOTHE (N. W. T.), December 4, 1802.

Honored Sir:

Enclosed you will receive an address from the convention

lately convened at this place for the purpose of forming a con-

stitution and State Government for the seventeenth State of

United America, and which has been made my duty to enclose

to you, to be communicated to the honorable body over which

you preside.

With every sentiment of respect, I have the honor to be,

sir, your most obedient servant,    EDWARD TIFFIN.

The Honorable the Speaker of the House of

Representatives of the United States.

 

ADDRESS TO THE PRESIDENT AND BOTH HOUSES OF CONGRESS

OF THE UNITED STATES.

The convention of the State of Ohio, duly appreciating the

importance of a free and independent State government, and

impressed with sentiments of gratitude to the Congress of the

United States for the prompt and decisive measures taken at their

last session, to enable the people of the Northwestern Territory

to emerge from their colonial government, and to assume a rank

among the sister States, beg leave to take the earliest opportunity

of announcing to you this important event.

On this occasion, the convention cannot help expressing

their unequivocal approbation of the measures pursued by the

present administration of the General Government and of both

Houses of Congress, in diminishing the public burdens, cultivat-

ing peace with all nations, and promoting the happiness and

prosperity of our country.

Resolved, That the President of this convention do enclose

to the President of the United States, to the President of the Sen-

ate, and to the Speaker of the House of Representatives of the

United States, the foregoing address.

Done in convention, at Chillicothe, the 27th day of No-

vember, 1802.                    EDWARD TIFFIN,

President of the Convention.

THOMAS SCOTT, Secretary.

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