USA > Ohio > A history of the state of Ohio, natural and civil > Part 31
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SEC. 9. Each house shall keep a journal of its proceed- ings, and publish them: the yeas and nays of the members, on any question, shall at the desire of any two of them, be entered on the journals.
SEC. 10. Any two members of either house shall have lib- crty to dissent from, and protest against, any act or resolution which they may think injurious to the public or any individual, and have the reasons of their dissent entered on the journals.
SEC. 11. Each house may determine the rules of its 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.
SEC. 12. When vacancies happen in either house, the Governor, or the person exercising the power of the Governor, shall isssue writs of election to fill such vacancies.
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.
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SEC. 14. Each house may punish by imprisonment, du- ring their session, any person not a member who shall be guil- ty of disrespect to the house, by any disorderly or contemptu- ous behavior in their presence; provided such imprisonment shall not, at any 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 the
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opinion of the house require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two hous- es shall be sitting.
SEC. 16. Bills may originate in either house, but may be altered, amended or rejected by the other.
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 expedi- ent to dispense with this rule: and every bill having passed both houses, shall be signed by the speakers of their respec- tive houses.
SEC. 18. The style of the laws of this state shall be,
" Be it enacted by the general assembly of the state of Ohio."
SEC. 19. The legislature of the 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 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 pub- lic 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 dol- lars per day, during his attendance on the legislature, nor more for every 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 crea- ted, or the emoluments of which shall have been increased during such time.
SEC. 21. No moneys shall be drawn from the treasury, but in consequence of appropriations made by law.
SEC. 22. An accurate statement of the receipts and ex-
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penditures of the public money, shall be attached to, and pub- lished 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 be upon oath or affirmation, to do justice accord- ing to law and evidence: no person shall be convicted with- out the concurrence of two-thirds of all the senators.
SEC. 24. The Governor, and all other civil officers under this state, shall be liable to impeachment for any misdemea- nor in office; but judgment in such case shall not extend fur- ther than removal from office, and disqualification to hold any office of honor, profit or trust, under this state. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to law.
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 December, in every year, and at no other period, unless direc- ted by law, or provided for by this constitution.
SEC. 26. No judge of any court of law or equity, secreta- ry of state, attorney general, register, clerk of any court of record, sheriff or collector, member of either house of con- gress, or person holding any office under the authority of this state, (provided that appointments in the Militia or justices of the peace, shall not be considered lucrative offices,) shall be eligible as a candidate for, or have a seat in, the general as- sembly.
SEC. 27. No person shall be appointed to any office within any county, who shall not have been a citizen inhabitant therein, one year next before his appointment, if the county shall 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 hereaf- ter may be, a collector or holder of public moneys, shall have
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a seat in either house of the general assembly, until such per- son shall have accounted for, and paid into the treasury, all sums for which he may be accountable or liable.
ARTICLE II.
SEC. 1. The supreme executive power of this state shall. be vested in a Governor.
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 re- turns of election for Governor, shall be sealed up and trans- mitted to the seat of government, by the returning officers, di- rected to the speaker of the senate; who shall open and pub- lish them, in the presence of a majority of the members of each house of the general 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 cho- sen governor by joint ballot of both houses of the general as- sembly. Contested elections for governor, shall be determin- ed by both houses of the general assembly, in such manner as shall be prescribed by law.
SEC. 3. The first governor shall hold his office until the first Monday of December, one thousand eight hundred and five, until another governor shall be elected and qualified to office; and forever after, the governor shall hold his office for the term of two years, and until another governor shall be elected and qualified; but he shall not be eligible more than six years in any term of eight years. He shall be at least 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.
SEC. 4. He shall, from time to time, give to the general assembly information of the state of the government, and re- commend to their consideration such measures as he shall deem expedient.
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SEC. 5. He shall have the power to grant reprieves and pardons after conviction, except in cases of impeachment.
SEC. 6. The governor, shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished, during the term for which he shall have been elected.
SEC. 7. He may require information, in writing, from the officers in the executive department, upon any subject rela- ting to the duties of their respective offices, and shall take care that the laws be faithfully executed.
SEC. 8. When any officer, the right of whose appointment is, by this Constitution, vested in the general assembly, shall, during the recess, die, or his office by any means become va- cant, the governor shall have the 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.
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.
SEC. 11. In case of disagreement between the two houses, with respect to the time of adjournment the governor shall have power to adjourn the general assembly to such time as he thinks proper : Provided, It be not a period beyond the an- nual meeting of the legislature.
SEC. 12. In case of the death, impeachment, resignation or removal of the governor from office, the speaker of the sen- ate shall exercise the office, of governor, until he be acquit- ted, or another governor shall be duly qualified. In case of the impeachment of the speaker of the senate, or his death, or removal from office, resignation or absence from the state, the speaker, of the house of representatives shall succeed to the office, and exercise the duties thereof, until a governor shall be elected and qualified.
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SEC. 13. No member of congress, or person holding any office under the United States, or this state, shall execute the office of governor.
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."
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.
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 him- self well: he shall keep a fair register of all the official acts and proceedings 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 preform such other duties as shall be assigned him by law.
ARTICLE III.
SEC. 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.
SEC. 2. The Supreme Court shall consist of three Judges, any two of whom shall be a quorumn. They shall have original and appellate jurisdiction, both in common law and chancery, in such cases as shall he directed by law. Provided, That nothing herein contained, shall prevent the general assembly from adding 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.
SEC. 3. The several Courts of Common Pleas, shall consist of a President and Associate Judges. The state shall be divi- ded, by law, into three circuits: there shall be appointed in
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each circuit a President of the Courts, who, during his continu- ance in office shall reside therein. There shall be appointed in each county, not more than three, nor less than two As- sociate Judges, who, during their continuance in office, shall "eside 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 chancery jurisdiction in all such cases, as shall be directed by law: Provided, That nothing herein con- tained shall be construed to prevent the legislature from in- creasing the number of circuits and presidents, after the term of five years.
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.
SEC. 5. The Court of Common Pleas in each county, shall have jurisdiction of all probate and testamentary matters, granting administration, the appointment of guardians; and such other cases as shall be prescribed by law.
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.
SEC. 7. The Judges of the Supreme Court shall, by virtue of their offices, be conservators of the peace throughout the state. The Presidents of the Courts of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective circuits; and the Judges of the Courts of 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 Presidents and the Associate Judges of the Courts of Common Pleas, shall be appointed by a joint ballot of both houses of the general as- sembly, and shall hold their offices for the term of seven years, if so long they behave well. The Judges of the Supreme
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Court and the Presidents of the Courts of Common Pleas, shall at stated times, receive for their services an adequate compen- sation, to be fixed by law, which shall not be diminished du- ring their continuance 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.
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 remova- ble for breach of good behavior, at any time, by the Judges of the respective Courts.
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 complete 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.
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 conclude against the peace and dignity of the same.
ARTICLE IV.
SEC. 1. In all elections, all white male inhabitants above the age of twenty-one years, having resided in the State 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
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the county or district in which he shall actually reside, at the time of the election.
SEC. 2. All elections shall be by ballot.
SEC. 3. Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest, during their at- tendance at elections, and in going to, and returning from, the same.
SEC. 4. The Legislature shall have full power to exclude from the previlege of electing or being elected, any person convicted of bribery, perjury, or any other infamous crime.
SEC. 5. Nothing contained in this article, shall be so constru- ed as to prevent white male persons above the age of twenty- one years, who are compelled to labor on the roads of their respective townships or counties, and who have resided one year in the state, from having the right of an elector.
ARTICLE V.
SEC. 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 subal- terns of the battalion.
SEC. 3. Colonels shall be elected by the majors, captains and subalterns of the regiment.
SEC. 4. Brigadiers general shall be elected by commissioned 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 staff officers. The brigadiers general shall appoint their brig- ade majors and other brigade staff officers. The commanding officers of regiments shall appoint their adjutants, quartermas- ters and other regimental staff officers; and the captains and subalterns shall appoint their non-commissioned officers and mu- sicíans.
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SEC. 7. The captains and subalterns of the artillery and cavalry, shall be elected by the persons enrolled in their re- spective corps; and the majors and colonels shall be appointed in such manner as shall be directed by law. The colonel, shall appoint their regimental staff; and the captains and subal- terns their non-commissioned officers and musicians.
ARTICLE VI.
SEC. 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 long- er term than four years in any term of six years.
SEC. 2. The state treasurer and auditor shall be triennially appointed by a joint ballot of both houses of the legislature.
SEC. 3. All town and township offices shall be chosen an- nually, by the inhabitants thereof, duly qualified to vote for members of assembly, at such time and place as may be direc- ted by law.
SEC. 4. The appointment of all civil officers, not otherwise directed by this constitution, shall be made in such manner as may be directed by law.
ARTICLE VII.
SEC. 1. Every person who shall be chosen or appointed to any office of trust or profit, under the authority of this state, shall, before the entering on the execution thereof, take an oath or affirmation to support the constitution of the United States and of this state, and also an oath of office.
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
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directly or indirectly, give, promise or bestow, any such re- ward 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.
SEC. 3. No new county shall be established by the general 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.
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 erect- ing public buildings for the accommodation of the legislature.
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 re- commend 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 havevoted for a convention, the gen- eral assembly shall, at their next session, call a convention, to consist of as many members as there be in the general assem- bly; 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 purpose 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.
SEC. 6. That the limits and boundaries of this state be as- certained, it is declared, that they are as hereafter mention- ed; that it 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 river, on the west by the line drawn due north from the G2*
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mouth of the Great Miami aforesaid, and on the north by an east and west line drawn through the southern extreme of Lake Michigan, running east after intersecting the due north line aforesaid, from the mouth of the Great Miami until it shall in- tersect Lake Erie on the territorial line, and thence with the same through Lake Erie to the Pennsylvania line aforesaid: Provided always, And it is hereby fully understood and declar- ed 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 and in that case, with the assent of the congress of the United States, the northern boundary of this state shall be established, by and extend to, a direct line running from a southern extremity of Lake Michigan to the most northerly cape of the Miami Bay, after intersecting the due north line from the mouth of the Great Miami river as aforesaid, thence northeast to the territorial line, and by the said territorial line, to the Pennsylvania line.
ARTICLE VIII.
That the general, great and essential principles of liberty and free government may be recognized and forever ultimate- ly established, we declare,
SEC. 1. That all men are born equally free and indepen- dent, and have certain natural, inherent and unalienable rights; amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pur- suing and obtaining happiness and safety; and every free re- publican 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 government, whenever they may deem it ne- cessary.
SEC. 2. There shall be neither slavery nor involuntary
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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 pretence 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 fide consideration, received or to be re- ceived, for their service, except as before excepted. Nor shall any indenture of any negro or mulatto hereafter made and ex- ecuted out of the state, or if made in the state where the term of service exceeds one year, be of the least validity, ex- cept those given in the case of apprenticeships.
SEC. 3. That all men have a natural and indefeasible right to worship Almighty God, according to the dictates of con- 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 worship, or to maintain any ministry against his consent; and that no preference shall ever be given, by law, to any re- ligious society or mode of worship, and no religious test shall be required as a qualification to any office of trust or profit. But religion, morality and knowledge, being essentially neces- sary to good government and the happiness of mankind, schools and the means of instruction shall forever be encour- aged by legislative provision, not inconsistent with the rights of conscience.
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