USA > Ohio > A history of the state of Ohio, natural and civil > Part 32
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SEC. 4. Private property ought and shall ever be held inviolate, but always subservient to the public welfare, provi- ded a compensation in money be made to the owner.
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 proba- ble evidence of the fact committed, or to seize any person or persons' not named, whose offences, are not particularly de-
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scribed, and without oath or affirmation, are dangerous to lib- erty, and shall not be granted.
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 offi- cer; and no law shall ever restrain the right thereof. Every citizen has a right to speak, write or print, upon any subject, as he thinks proper, being liable for the abuse of that liberty. In prosecution for any publication respecting the official con- duct of men in a public capacity, or where the matter publish- ed is proper for public information, the truth thereof may al- ways 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 direction of the court, as in other cases.
SEC. 7. That all courts shall be open; and every person, for an injury done him in his lands, goods, person or reputa- tion, shall have remedy by the due course of law, and right and justice administered without denial or delay.
SEC. 8. That the right of trial by jury shall be inviolate.
SEC. 9. That no power of suspending laws shall be exer- cised unless by the legislature.
SEe. 10. That no person arrested or confined in jail, shall be treated with unnecessary rigor, or be put to answer any criminal charge, but by presentment, indictment or impeach- ment.
SEC. 11. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel; to de- mand the nature and cause of the accusation against him; and to have a copy thereof to meet the witnesses face to face: to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or district in which the offence shall have been committed; and shall not be compelled to give evidence against himself, nor shall he be twice put in jeopardy for the same offence.
SEC. 12. That all persons shall be bailable by sufficient sureties, unless for capital offences, where the proof is evi-
393
APPENDIX.
dent or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it.
SEC. 13. Excessive bail shall not be required; excessive fines shall not be imposed; nor cruel and unusual punishment inflicted.
SEC. 14. All penalties shall be proportioned to the nature of the offence. No wise legislature will affix the same punish- ment to the crime of theft, forgery, and the like, which they do to murder and treason. When the same undistinguished severity is exerted against all offences, 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 offences. For the same reasons, a multitude of sanguinary laws are both impolitic and unjust: the true de- sign of all punishments 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 delivering up his estate for the benefit of his creditor or credit- ors, in such manner as shall be prescribed by law.
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.
SEC. 17. That no person shall be liable to be transported out of this state, for any offence committed within the state.
SEC. 18. That a frequent recurrence to the fundamental principles of civil government, is absolutely necessary to pre- serve the blessings of liberty.
SEc. 19. That the people have a right to assemble togeth- er, in a peacable manner, to consult for their common good, to instruct their representatives, and to apply to the legislature for a redress of grievances.
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 50
394
APPENDIX.
not be kept up; and that the military shall be kept under strict subordination to the civil power.
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 un- der 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.
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.
SEC. 24. That no hereditary emoluments, privileges or honors, shall ever be granted or conferred by this state.
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 universities 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 and colleges; and the doors of the said schools, academies and universities, shall be open for the reception of scholars, 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 re- ligious societies, in each surveyed township which now is, or may hereafter be, formed in the state, an equal participation, according 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 ap- propriation.
SEC. 27. That every association of persons, when regular- ly formed, within this state, and having given themselves a name, may, on application to the legislature, be entitled to re- ceive letters of incorporation, to enable them to hold estates,
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APPENDIX.
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.
SCHEDULE.
SEC. 1. That no evils or inconveniences 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 re- spects individuals and bodies corporate, shall continue, as if no change had taken place in this government.
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 or 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 superceded under the authority of this constitution.
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, ex- cept so much of the act, entitled "an act regulating the admis- sion and practice of attorneys and counsellors at law, " and of ' the act made amendatory thereto, as relates to the term of time which the applicant shall have studied law, his residence with- in 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.
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APPENDIX.
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 elec- tion districts in each county, on the second Tuesday of Jan- uary next; which elections shall be conducted in the manner prescribed by the existing election laws of this territory: and the members of the general assembly, then elected, shall con- tinue to exercise the duties of their respective offices until the next annual or biennial election thereafter, as prescribed by this constitution, and no longer.
SEC. 7. Until the first enumeration shall be made, as direc- ted in the second section of the first article of this constitution -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 sena- tors 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 hun- dred and two, and of the independence of the United States of America, the twenty-seventh.
In the testimony whereof, we have hereunto subscribed our names.
EDWARD TIFFIN, President.
Attest. THOMAS SCOTT, Secretary.
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APPENDIX.
No. III.
EXTRACT FROM A BRITISH PAPER SPEAKING OF US.
" Base hypocrite! You boast of liberty while one sixth part of you are slaves. Look at your twelve southern provinces with two and a half millions of enslaved citizens bearing all the shades of color from the Caucasian to the Ethiopean. On . the return of each 4th of July, rail and descant on mitres and crosiers and sceptres, and denounce royalty, in all its forms, while above, and beneath, and around about the orator of the day, stand forth in characters of blood the distinct mottoes of your land. DOWN WITH DISCUSSION! LYNCH LAW TRIUMPHANT! SLAVERY FOR EVER! HAIL COLUMBIA HAPPY LAND!
" Ornament your halls with scourges, wet with the blood of the sons of freedom, who dare to advocate the natural rights of man. Snuff the sweet savor of the tar cauldron, and delight your eyes, with the gibbet reared aloft in terror of those who would not bend the knee to the dark spirit of slavery.
" And then join in the gentlemanly mob to protect liberty and law, by taking special care of the press and the mail, as the wolf would care for and protect the lamb.
" And finally by way of admonition to our American brethren we would say, "Spare, O, spare, the name of liberty from fur- ther pollution until you have removed from your capitol, the greatest slave market in christendom .- Abolish your internal slave trade. Undo the heavy burden, cut asunder the bonds that make men chattels; in a word, become what you dare not contemplate-a nation of freemen. Then, and not till then, will the genius of liberty, breathe her ambrosial breath upon your land. "
REMARKS.
It may be thought by some persons, that our remarks on Eng- land and Englishmen are quite too severe, on the page, to
* See Page 212.
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APPENDIX.
which this appendix refers. Doctor McKeehan's capture and imprisonment, sent as he was, to administer relief, to our sick and wounded men, in Proctor's wood yard, is the most shame- less, barbarous and cowardly transaction, recorded in history.
Previous to Doctor McKeehan's mission, that is, on the 22nd of January 1813, Proctor pledged his honor, to protect the wounded prisoners until the next morning, when he would send sleds to convey them from Frenchtown to Amherstburgh. The next morning at early day light, two hundred Indian war- riors coming from Malden, killed and burned the wounded, in the houses of the citizens where they lay. These were Proc- tor's SLEDS, these two hundred warriors! In recounting such transactions, we have said what we have in the text, for say- ing which, we offer no apology and never will make any. We loathe the British government, not the good people of England.
But, to those who think our remarks ill-timed, during a pro- found peace, between us and England, we bring forward, an ex- tract, honestly copied from an English paper, in which the reader can see, how we are spoken of in England during this same peace.
This extract, ran through all the papers from John O'Groat's house to Land's End. The piece from which it was copied, was applauded to the echo, by all parties, in every part of Great Britain. With this explanation, we dismiss the subject.
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APPENDIX.
Total in schools, from the most accurate evi- dence to be relied on, - - -
227,805
Number of public schools, - 4,336
66 private, - 2,175 Total,
6,511
¥ months public schools have been taught, 22,168
66 months private, -
8,564
66 male teachers employed, -
4,757
female - - -
3,205
Amount paid teachers of public schools, as reported, -
$286,757
Sources of Revenue for Public Schools.
Amount tax reported, $119,230
True amount not less than $140,000.
Amount of ground rents, and interest on the several school funds in the State Treasury included,
88,712
Amount subscription paid into public schools, from all other sources,
4,657
Total amount paid for support of public schools, being $30,973 more than has been reported,
$317,730
148,008
Number of school houses, -
4,378
Amount paid this year for building and re- pairing school houses, - -
$60,421
Amount raised by tax, - -
61,590
subscription, - -
1,199
owing for school houses, - -
82,929
Number of school lots secured in fee or lease,
3,590
Present Resources for School Purposes. Virginia Military Fund, in money or land, productive, -
$204,612 04
United States Military Fund, -
109,193 88
158,659 00
Connecticut Western Reserve School Fund, - Amount proceeds of Section 16, paid in and funded, -
645,774 64
Amount proceeds of Salt Land, also funded, -
35,000 00
$1,153,239 56
private, -
105,131
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APPENDIX.
&c. &c. There was not quite enough energy in the law to secure its systematic operation in the state; the people had no sufficient inducements to take hold of the law and carry its provisions into effect, except in those parts of the state, where the citizens were from common school states, and were accus- tomed to the operations of such a law, and the duties under it. The people did not generally neglect education; private schools were established, and as well sustained as in some of the older states. The most formidable objectors to common schools, were those who thought them too far below what they should be, and yet just good enough to prevent good private schools being established. It is probable that, taking the state toge- ther, as few children have been reared without learning to read as in any other state, except in New England.
The preceding remarks contain the substance of the several reports to the Legislature, by SAMUEL LEWIS, ESQUIRE, the Superintendent of Common Schools. This gentleman's labors have already been worth several hundred thousand dollars to the State, and if continued in office, five years, a further large sum may be added to the school fund. We conclude, by in- serting entire, an abstract of the SUPERINTENDENT's last Re- port.
ABSTRACT OF REPORT.
Number of Counties reported,
-
-
62
66 Townships, -
-
-
-
1,129
66
Districts reported,
-
7,033
not reported,
715
Males between 4 and 21 years,*
254,530
66 Females,*
238,307
Number reported as in school more than 2,
and less than 4 months-
Males,
45,311 .
Females,
38,985
More than 4 months-
Males,
31,664
Females,
30,480
Total in schools as reported,
-
146,440
Supposed to be in school not reported, -
81,365
This includes the estimated number of children in non-reporting dis-
* tricts.
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APPENDIX.
this will ultimately produce a sum much larger than all those which have been sold. There can be no doubt but, in ten years, this land will bring an average of ten dollars per acre at least; a portion of this is rented, and produces rent to a con- siderable extent, for the support of schools.
There is a direct tax, for school purposes, of two mills on the dollar, which produces about 200,000 dollars per annum, The grand levy is not put at one-fourth of the actual value, and while it seems to be two mills on a dollar, it is not, in fact, a half of a mill on the dollar. One-third of a mill would be nearer the truth. Each township has for its own use the pro- ceeds of this tax.
The state provides a state school fund of 200,000 dollars per annum, which is the interest on the surplus revenue, the tax on dividends of banks, insurance companies, &c., the interest on the proceeds of salt lands and other funds to be provided by the legislature. This sum is distributed among the counties according to the number of youth in them.
The public feeling is in favor of the present system of free common schools, and we may add, that each township has the power to vote any further school tax, that a majority shall agree to raise. New life seems to be imparted to the whole system; houses are building; teachers are called for; the stan- dard of qualifications is rising; and, if we can keep it clear of every other subject, we have no fears of ultimately mak- ing our Ohio system of common schools superior to any thing in the United States, and this will be done in a very few years.
From the year 1825 to 1836-7, various amendments werc made to the law without essentially varying its general fea- tures. The tax, which had began at half a mill on the dollar, had increased to a mill and a half on the grand levy, and in a few towns and cities it was greater; some township too, in the country, under a provision in the law, had voted an in- crease of the tax for schools.
The law had been loaded with some extraordinary provisions in school district proceedings, that greatly embarrassed the ordinary proceedings, prevented the building of school houses,
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APPENDIX.
counties in the Western Reserve, in which, at the last enume- ration there were 76,000 youth to be taught by it.
The United States Military District Fund, being the proceeds of school lands given to that part of the state, is now$109,193, and the territory had 58,860 youth to be taught by it.
The Virginia Military School Fund is composed of the pro- ceeds of 105,155 acres of land, given for the use of schools in the tract of country reserved by Virginia for satisfying her mili- tary claimants. Sixty-eight thousand seventeen acres of it are sold for $129,550, the residue is leased on permanent leases without revaluation, and produces $4,503 per annum. The number of children is 72,500 in this district.
The three tracts of country before named, composing about one-third of the state, have no school sections reserved, and the lands thus given are in lieu of such sections. The Connecti- cut Reserve has recently obtained 20,000 acres in addition, which is well located and worth at least four dollars an acre. The people will profit by their former error, and by keeping this tract a few years, they will realize, at least, $15 an acre for it.
The residue of the state, with some small exceptions, has eve- ry section sixteen, being one-thirty-sixth part of each township reserved for school purposes. Under the various proceedings for the sale of these sections, there have been sold something more than 240,000 acres, which has produced, say $800,000. This is divided into different sums for 388 townships. Some townships have a fund as high as $30,000, and others do not exceed $100, as the proceeds of their school lands. The prin- cipal of all these funds is paid into the state treasury, and lent to the canal fund, at six per cent. interest forever.
There is unsold, of sections number sixteen, something more than 200,000 acres, besides the lands now being located for frac- tional townships, about 20,000 acres; and lands to be provided for the Indian reservations, about 8,000 acres, which, with the 30,000 acres recently secured, makes in all 258,000 acres of lands unsold.
If the policy commenced last winter, 1838, is persevered in,
399
APPENDIX.
SUPPLEMENTARY REMARKS ON THE SCHOOL LANDS AND THE SYSTEM OF EDUCATION FOR COMMON SCHOOLS.
We have already stated that there were in this state seve- ral districts, all of them entitled to a thirty-sixth part of their superficial contents, for the support of common schools.
In 1836-7 the subject of school lands and common schools, in the general assembly, was taken up, and it was generally agreed, that something must be done, but there was no suf- ficient data to act upon. Complaints, it is true, came up from every part of the state, some of one thing and some of another, and there was much difference in the proposed remedies. A superintendent was appointed for one year, to collect informa- tion on all the subjects connected with the department, and make report to the legislature with such recommendations as appeared necessary to place the system on proper ground.
One thing that seemed to require the immediate attention of the department was the school lands. The state was divided into so many different grants, each having distinct school lands, and the legislation had been voluminous and complicated, adopted frequently to promote the interests of individuals who, pretending advantage to the schools, sought an appropriation for personal advantage. It was made the duty of no individ- ual, or department, to superintend this interest, and great in- iquity was practised, while the legislature sought honestly to do right.
When the law passed, allowing the sale of the school lands, it was intended for immediate effect, and the frauds afterwards practised were not foreseen. No limit as to value was fixed for the sale of the lands, the result necessarily was, that, in the new counties where there was but little demand for lands, and, but few residents, sometimes, not five freeholders in a township. and, not a quarter of the land entered, the school land was sold for from ten cents an acre and upwards. The most extensive speculations were made in this way. It was sometimes worth, in a few years, several hundred per cent. more than it brought. A price should have been fixed, below which, the land should
400
APPENDIX.
not have been sold, and not have left it to the valuation of men, who were sometimes imposed upon, and sometimes inte- rested. Nor should it have been sold until the government lands were all taken up in the township.
A still greater fraud was committed in surrendering the' leases. Some of the most valuable school lands were first leased, on " improvement leases," that is, the tenant took a quarter section of land, for ten or fifteen years. He was bound to build a cabin, and clear some fifteen or twenty acres of land; and might clear any larger quantity. He paid no rent, the improvement was the consideration of the lease and the use of the land. After these leases expired, the land was leased for nincty-nine years, renewable forever. Thus, the tenant paid for rent, the interest on the estimated value of the land, and it was to be revalued every fifteen or twenty years, as the lease might call for. At such revaluation, the tenant was bound to pay the interest on such amount as might be fixed on as the value of the land, without improvements. In our rapid settle- ment, land thus leased for from five to fifty cents per acre, esti- mating the land to be worth from one dollar to eight dollars, subject to such revaluation every fifteen years, and before the expiration of the fifteen years, the land was sometimes worth ten times the first estimate. The law, directing the sale of school land, allowed these tenants to surrender their leases, and on paying the amount of the last valuation to receive deeds in fee simple for the land. So they obtained the land at $3 or $4 an acre, and sometimes for less, when it was worth from fifty dollars to one hundred dollars an acre! In this way at least a million of dollars have been lost to the school fund of this state, and by the sacrifice of premature sales, another large sum has been lost. In the winter of 1838 both of these prac- tices were put a stop to, so that what land remains will proba- bly be carefully managed. At least we so hope.
The different school funds are as follows :
The Connecticut Western Reserve Fund is the proceeds of 56,000 acres of land, or $158,656, It belongs to the several
405
APPENDIX.
This sum, except $6,800 bears 6 per cent. interest, and pro- duces $68,786 34
Estimated amount of proceeds of section 16, not yet paid in, and not on interest, 400,000 00
Estimated school land unsold, 220,000 acres at $4, - The proceeds of the last item cannot be estimated at more than - - 20,000 00
880,000 00
Total of school funds, in money and land,
$2,433,239 56
Total proceeds of school lands and funds, - $88,786 34
*Estimated amount of school tax, at one and a half mill on the dollar, - 140,000 00
Interest on amount surplus reve- nue paid in, - 100,363 00 :
Amount paid in by subscription and other sources, - 109,788 00
Total amount to be paid in to pub- lic schools for tuition for the year 1837-8, - $438,937 34
* This includes some special taxes in a few towns, besides the one and a half mill on the dollar.
406
APPENDIX.
SELECT SCHOOLS.
THE CINCINNATI FEMALE INSTITUTION, was commenced in 1826, by Mr. Albert Picket, now President of the College of Professional Teachers, and his son, Dr. John W. Picket, a graduate of one of the eastern Universities. From that time to the present, it has enjoyed the constant and unbounded confidence of the citizens. Indeed, their Seminary is an honor to the city, its high reputation is every where known ;- and it is unquestionably to be ranked as one of the best female academies in the United States. The course of study is solid and extensive, embracing not only the elements of learning, but the higher branches of science. Chemistry, Natural Philosophy, Algebra, Geometry, &c., &c. The mode of instruction is most admirable, and calculated to bring into action all the powers of the understanding. The same gentle- men have published a series of school-books, whose superior merits are universally admitted, and which are very exten- sively introduced into the Seminaries in the Western and Southern States.
INSTITUTION FOR THE EDUCATION OF YOUNG LADIES-CON- DUCTED BY MRS. STAUGHTON .- This Institution is situated on Vine street, near to Third, Cincinnati; and from its elevated site, and extensive grounds, possesses peculiar advantages as a Boarding School. It was commenced in 1835, and is now in successful operation. The steady increase of its pupils, resident in Cincinnati, as well as those from distant States, forms corroborative evidence of its high reputation both at home and abroad .*
The various classes are conducted by able and experienced teachers, and every facility is offered to the pupils in the higher departments, by philosophical and chemical apparatus, for experimental illustration of the various sciences. There is also a preparatory department, where the more common branches, reading, writing, arithmetic, grammar, geography,
* The number of pupils now in this Institution, is upwards of seventy.
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APPENDIX.
&c., are thoroughly inculcated, and the pupil properly pre- pared for entrance into the senior classes. In the several accomplishments of Music, Dancing, the Languages, &c., the best instructors are provided; in short, nothing seems to have been left undone by the enterprising spirit of the Principal, to render it an institution of the first order. The limited number of pupils admitted as residents in the family, are under the immediate care of the Principal; so that a parental supervision is extended towards them, of the greatest advan- tage in the formation of their habits, and character; while by a judicious system of exercise, in the practice of calisthenics, the health, and personal improvement of the pupil, are not less regarded.
It is hoped that many such institutions may be organized in our Western Valley, and that the practice of sending our daughters east of the Alleghanies, to learn what is as well, and in some instances better taught in their native towns and cities, will ultimately be abolished.
A future edition, it is hoped, will afford us an opportunity of giving our readers, correct information relating to our best Select Schools, throughout this State. At present, our infor- mation is quite too limited in relation to these institutions, to justify us in saying more on this subject.
SUNDAY SCHOOLS.
There are in the State, aboutone thousand Sunday Schools, established by the several churches of all the religious denom- inations. In these Schools are taught, not less, than six hundred thousand children, This institution has done a vast deal of real good, and may be considered as one of the best means for propagating the benign principles of the Gospel in the world.
,
HECKMAN BINDERY INC.
JAN 99
Bound -To-Pleas®
N. MANCHESTER, INDIANA 46962
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