USA > Ohio > Greene County > History of Greene County : together with historic notes on the Northwest, and the state of Ohio, gleaned from early authors, old maps and manuscripts, private and official correspondence, and all other authentic sources > Part 92
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SUPPLEMENT.
article ; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.
ARTICLE VI.
All debts contracted, and engagements entered into before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation.
. This constitution, and the laws of the United States, which shall be made in pursuance thereof ; and all treaties made, or which shall be made, under the authority of the United States, shall be the su- preme law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary, notwithstanding.
The Senators and Representatives, before mentioned, and the members of the several State Legislatures, and all executive and ju- dicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
ARTICLE VII.
The ratification of the conventions of nine States, shall be suffi- cient for the establishment of this constitution between the States so ratifying the same.
Done in convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord, one thousand seven hundred and eighty-seven, and of the independ- ence of the United States of America the twelfth, In witness whereof, we have hereunto subscribed our names.
GEO. WASHINGTON, Presidt. and Deputy from Virginia. New Hampshire.
John Langdon.
Nicholas Gilman.
Massachusetts.
Nathaniel Gorham.
Rufus King.
Connecticut.
Wm. Saml. Johnson.
Roger Sherman.
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CONSTITUTION OF THE UNITED STATES.
New York.
Alexander Hamilton.
New Jersey.
Wil. Livingston,
David Brearley.
Wm. Paterson. Jona. Dayton.
Pennsylvania.
B. Franklin.
Thomas Mifflin.
Robt. Morris. Geo. Clymer.
Thos. Fitzsimons. Jared Ingersoll. James Wilson. Gouv. Morris.
Delaware.
Geo. Read.
Richard Bassett.
Jaco. Broom.
Gunning Bedford, Jr.
John Dickinson.
Maryland.
James McHenry. Danl. Carroll.
Dan of St. Thos. Jenifer.
Virginia.
John Blair. James Madison, Jr.
North Carolina.
Wm. Blount.
Hu. Williamson.
Richd. Dobbs Spaight.
South Carolina.
J. Rutledge. Charles Pinckney.
Charles Cotesworth Pinckney, Pierce Butler.
Georgia.
William Few.
Abr. Baldwin.
Attest : WILLIAM JACKSON, Secretary.
Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the leg- islatures of the several States pursuant to the fifth article of the original constitution.
ARTICLE I.
Congress shall make no law respecting an establishment of relig-
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SUPPLEMENT.
ion, or prohibiting the free exercise thereof; or abridging the free- dom of speech, or of the press; or the right of the people peace- ably to assemble, and to petition the Government for a redress of grievances.
ARTICLE II.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.
ARTICLE III.
No soldier shall, in time of peace be quartered in any house, with- out the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
ARTICLE IV.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon pro- bable cause, supported by oath or affirmation, and particularly des- cribing the place to be searched, and the persons or things to be seized.
ARTICLE V.
No person shall be held to answer for a capital, or otherwise in- famous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation.
ARTICLE VI.
In all criminal prosecutions, the accused shall enjoy the right to
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CONSTITUTION OF THE UNITED STATES.
a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which dis- triet shall have been previously ascertained by law, and to be in- formed of the nature and cause of the accusation ; to be confronted with the witnesses against him; to have compulsory process for ob- taining witnesses in his favor, and to have the assistance of counsel for his defence.
ARTICLE VII.
In suits at common law, where the value in controversy shall ex- ceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
ARTICLE VIII.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
ARTICLE X.
The powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
ARTICLE XI.
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State.
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SUPPLEMENT.
ARTICLE XII.
The electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in dis- tinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the Government of the United States, directed to the President of the Senate ;- The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted ;- The person hav- ing the greatest number of votes for President, shall be the Presi- dent, if such number be a majority of the whole number of elect- ors appointed ; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President when- ever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disa- bility of the President. The person having the greatest number of votes as Vice President, shall be the Vice President, if such num- ber be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.
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984
CONSTITUTION OF THE UNITED STATES.
ARTICLE XIII.
SECTION 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly con- victed, shall exist within the United States, or any place subject to their jurisdiction.
SEC. 2. Congress shall have power to enforce this article by ap- propriate legislation.
ARTICLE XIV.
SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immuni- ties of citizens of the United States : nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
SEC. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of elect- ors for President and Vice President of the United States, Repre- sentatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representa- tion therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citi- zens twenty-one years of age in such State.
SEC. 3. No person shall be a Senator or Representative in Con- gress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State Legis- lature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insur-
985 1
SUPPLEMENT.
rection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
SEC. 4. The validity of the public debt of the United States, au- thorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obliga- tions and claims shall be held illegal and void.
SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
ARTICLE XV.
SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
SEC. 2. The Congress shall have power to enforce this article by appropriate legislation. 61
1
CONSTITUTION OF THE STATE OF OHIO-1851.
We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this Constitution.
ARTICLE I.
BILL OF RIGHTS.
SECTION 1. All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and seeking and obtaining happiness and safety.
SEC. 2. All political power is inherent in the people. Govern- ment is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary ; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the general assembly.
SEC. 3. The people have the right to assemble together, in a peaceable manner, to consult for their common good; to instruct their representatives ; and to petition the general assembly for the redress of grievances.
SEC. 4. The people have the right to bear arms for their defense and security ; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.
SEC. 5. The right of trial by jury shall be inviolate.
SEC. 6. There shall be no slavery in this State ; nor involuntary servitude, unless for the punishment of crime.
SEC. 7. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience.
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987
SUPPLEMENT.
No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship, against his consent ; and no preference shall be given, by law, to any religious society ; nor shall any interference with the rights of conscience be permit- ted. No religious test shall be required, as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief ; but nothing herein shall be construed to dis- pense with oaths and affirmations. Religion, morality and know- ledge, however, being essential to good government, it shall be the duty of the general assembly to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of in- struction.
SEC. 8. The privilege of the writ of habeas corpus shall not be suspended, unless, in cases of rebellion or invasion, the public safe- ty require it.
SEC. 9. All persons shall be bailable, by sufficient sureties, except for capital offenses, where the proof is evident, or the presumption great. Excessive bail shall not be required; nor excessive fines im- posed ; nor cruel and unusual punishments inflicted.
SEC. 10. Except in cases of impeachment, and cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, and in cases of petit larceny and other infer- ior offenses, no person shall be held to answer for a capital, or oth- erwise infamous crime, unless on presentment or indictment of a grand jury. In any trial, in any court, the party accused shall be allowed to appear and defend in person and with 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, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial, by an impartial jury of the county or district, in which the offense is alleged to have been committed; nor shall any person be compelled, in any criminal case, to be a wit- ness against himself, or be twice put in jeopardy for the same of- fense.
SEC. 11. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall ap-
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CONSTITUTION OF OHIO.
pear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.
SEC. 12. No person shall be transported out of the State, for any offense committed within the same; and no conviction shall work corruption of blood, or forfeiture of estate.
SEC. 13. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner ; nor in time of war, ex- cept in the manner prescribed by law.
SEC. 14. The right of the people to be secure in their persons, houses, papers, and possessions, against unreasonable searches and seizures, shall not be violated ; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, particularly de- scribing the place to be searched and the person and things to be seized.
SEC. 15. No person shall be imprisoned for debt in any civil ac- tion, on mesne or final process, unless in cases of fraud.
SEC. 16. All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have rem- edy by due course of law ; and justice administered without denial or delay,
SEC. 17. No hereditary emoluments, honors, or privileges, shall ever be granted or conferred by this state.
SEC. 18. No power of suspending laws shall ever be exercised, ex- cept by the general assembly.
SEC. 19. Private property shall ever be held inviolate, but sub- servient to the public welfare. When taken in time of war, or other public exigency, imperatively requiring its immediate seizure, or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases, where private prop- erty shall be taken for public use, a compensation therefor shall first be made in money, or first secured by a deposit of money ; and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.
SEC. 20. This enumeration of rights shall not be construed to im- pair or deny others retained by the people ; and all powers, not herein delegated, remain with the people.
989
SUPPLEMENT.
ARTICLE II.
LEGISLATIVE.
SECTION 1. The legislative power of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives.
SEC. 2. Senators and representatives shall be elected biennially, by the electors in the respective counties or districts, on the Second Tuesday of October; their term of office shall commence on the first day of January next thereafter, and continue two years.
SEC. 3. Senators and representatives shall have resided in their respective counties, or districts, one year next preceding their elec- tion, unless they shall have been absent on the public business of the United States, or of this State.
SEC. 4. No person holding office under the authority of the United States, or any lucrative office under the authority of this state, shall be eligible to, or have a seat in, the general assembly ; but this pro- vision shall not extend to township officers, justices of the peace, notaries public, or officers of the militia.
SEC. 5. No person hereafter convicted of an embezzlement of the public funds, shall hold any office in this state ; nor shall any per- son, holding public money for disbursement, or otherwise, have a seat in the general assembly , until he shall have accounted for, and paid such money into the treasury.
SEC. 6. Each house shall be judge of the election, returns, and qualifications of its own members; a majority of all the members elected to each house shall be a quorum to do business ; but a less number may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such penalties as shall be prescribed by law.
SEC. 7. The mode of organizing the house of representatives, at the commencement of each regular session, shall be prescribed by law.
SEC. 8. Each house, except as otherwise provided in this constitu- tion, shall choose its own officers, may determine its own rules of proceeding, punish its members for disorderly conduct ; and, with the concurrence of two-thirds, expel a member, but not the second time for the same cause ; and shall have all other powers, necessary
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CONSTITUTION OF OHIO.
to provide for its safety, and the undisturbed transaction of its business.
SEC. 9. Each house shall keep a correct journal of its proceed- ings, which shall be published. At the desire of any two members, the yeas and nays shall be entered upon the journal; and, on the passage of every bill, in either house, the vote shall be taken by yeas and nays, and entered upon the journal ; and no law shall be passed in either house, without the concurrence of a majority of all the members elected thereto.
SEC. 10. Any member of either house shall have the right to pro- test against any act, or resolution thereof; and such protest, and the reasons therefor, shall, without alteration, commitment, or delay, be entered upon the journal.
SEC. 11. All vacancies, which may happen in either house, shall, for the unexpired term, be filled by election, as shall be directed by law.
SEC. 12. Senators and representatives, during the session of the general assembly, and in going to, and returning from the same, shall be privileged from arrest, in all cases, except treason, felony, or breach of the peace; and for any speech, or debate, in either house, they shall not be questioned elsewhere.
SEC. 13. The proceedings of both houses shall be public, except in cases which, in the opinion of two-thirds of those present, re- quire secresy.
SEC. 14. Neither house shall, without the consent of the other, adjourn for more than two days, Sundays excluded ; nor to any oth- er place than that in which the two houses may be in session.
SEC. 15. Bills may originate in either house ; but may be altered, amended, or rejected in the other.
SEC. 16. Every bill shall be fully and distinctly read, on three dif- ferent days, unless, in case of urgency, three-fourths of the house, in which it shall be pending, shall dispense with this rule.ยบ No bill shall contain more than one subject, which shall be clearly express- ed in its title ; and no law shall be revived, or amended, unless the new act contain the entire act revived, or the section or sections amended; and the section, or sections, so amended, shall be re- pealed.
SEC. 17. The presiding officer of each house shall sign, publicly, in the presence of the house over which he presides, while the same is in session, and capable of transacting business, all bills and joint resolutions passed by the general assembly.
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SUPPLEMENT.
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. No senator or representative shall, during the term for which he shall have been elected, or for one year thereafter, be ap- pointed to any civil office under this state, which shall be created, or the emoluments of which shall have been increased, during the term for which he shall have been elected.
SEC. 20. The general assembly, in cases not provided for in this constitution, shall fix the term of office and the compensation of all officers ; but no change therein shall affect the salary of any officer during his existing term, unless the office be abolished.
SEC. 21. The general assembly shall determine, by law, before what authority, and in what manner, the trial of contested elections shall be conducted.
SEC. 22. No money shall be drawn from the treasury, except in pursuance of a specific appropriation, made by law ; and no appro- priation shall be made for a longer period than two years.
SEC. 23. The house of representatives shall have the sole power of impeachment, but a majority of the members elected must con- cur therein. Impeachments shall be tried by the. Senate; and the senators, when sitting for that purpose, shall be upon oath or affirmation to do justice according to law and evidence. No per- son shall be convicted without the concurrence of two-thirds of the senators.
SEC. 24. The governor, judges, and all state officers, may be im- peached for any misdemeanor in office; but judgment shall not ex- tend further than removal from office, and disqualification to hold any office, under the authority of this state. The party impeached, whether convicted or not, shall be liable to indictment, trial, and judgment, according to law.
SEC. 25. All regular sessions of the general assembly shall com- mence on the first Monday of January, biennially. The first ses- sion, under this constitution, shall commence on the first Monday of January, one thousand eight hundred and fifty-two.
SEC. 26. All laws, of a general nature, shall have a uniform oper- ation throughout the State ; nor, shall any act, except such as re- lates to public schools, be passed, to take effect upon the approval of any other authority than the general assembly, except, as other- wise provided in this constitution.
SEC. 27. The election and appointment of all officers, and the fill-
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CONSTITUTION OF OHIO.
ing of all vacancies, not otherwise provided for by this constitution, or the constitution of the United States, shall be made in such man- ner as may be directed by law ; but no appointing power shall be exercised by the general assembly, except as prescribed in this con- stitution, and in the election of United States senators ; and in these cases, the vote.shall be taken " vira voce."
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