USA > Ohio > Seneca County > History of Seneca County : Containing a detailed narrative of the principal events that have occured since its first settlement down to the present time > Part 14
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APPENDIX.
CONSTITUTION OF OHIO.
Done in convention, begun and held at Chillicothe, on Monday, the 1st of November, A. D. 1802, and of the independence of the United States the 27th.
WE, the people of the eastern division of the territory of the United States north-west 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 the law of Congress entitled, " An act to 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, and 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 poster- ity, do ordain and establish the following constitution or form of government, and do mutually agree with each other to form our- selves into a free and independent state, by the name of The State of Ohio.
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ARTICLE I.
§ 1. The legislative authority of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives, both to be elected by the people.
2. Within one year after the first meeting of the gen- eral 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 of 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 in- habitants of above twenty-one years of age shall be twenty-two. thousand ; and after that event, at such ratio that the whole number of representatives shall never be less than thirty-six, nor exceed seventy-two.
3. The representatives shall be chosen annually, by the citi- zens of each county respectively, on the second Tuesday of October.
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 resided within the limits of the county in which he shall be chosen, one year next 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.
5. The senators shall be chosen biennially, by qualified vo- ters for representatives ; and, on their being convened in con- sequence of the first election, they shall be divided by lot from their respective counties or districts, as near as can be, into two
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classes ; the seats of the senators of the first class shall be va- cated 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 chosen annually forever thereafter.
6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the leg- islature, and apportioned among the several counties or dis- tricts 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.
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 immedi- ately 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.
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 constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members.
9. Each house shall keep a journal of its proceedings, 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.
10. Any two members of either house shall have liberty 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.
11. Each house may determine the rules of its proceedings, punish its members for disorderly behavior ; and, with the con- 17
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currence of two-thirds, expel a member, but not a second time for the same cause ; and shall have all powers necessary for a branch of the legislature of a free and independent state.
12. When vacancies shall 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.
13. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from ar- rest 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.
14. Each house may punish, by imprisonment, during their session, any person, not a member, who shall be guilty of dis- respect to the house, by any disorderly or contemptuous beha- vior in their presence ; provided such imprisonment shall not, at any one time, exceed twenty-four hours.
15. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as, in the opin- ion 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.
16. Bills may originate in either house, but may be altered, amended, or rejected by the other.
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 dis- pense with this rule ; and every bill having passed both houses, shall be signed by the speakers of their respective houses.
18. The style of the laws of this state shall be, " Be it en- acted by the general assembly of the state of Ohio."
19. The legislature of this state shall not allow the following officers of government greater annual salaries than as follows,
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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 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 every twenty-five miles he shall travel in going to and returning from the gener- al assembly.
20. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil of- fice under this state which shall have been created, or the emoluments of which shall have been increased, during such time.
21. No money shall be drawn from the treasury, but in consequence of appropriations made by law.
22. An accurate statement of the receipts and expenditures of the public moneys, shall be attached to and published with the laws, annually.
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 sen- ate ; and when sitting for that purpose, the senators shall be on 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.
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 furthe than removal from office, and disqualification to hold any office
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of honor, profit, or trust, under this state. The party, whether convicted or acquitted, shall, nevertheless, be liable to indict- ment, trial, judgment, and punishment, according to law.
25. The first session of the general assembly shall com- mence on the first Tuesday of March next ; and forever after, the general assembly shall meet on the first Monday in De- cember in every year, and at no other period unless directed by law or provided for by this constitution.
26. No judge of any court of law or equity, secretary of state, attorney-general, register, clerk of any court of record, sher- if, or collector, member of either house of Congress, or per- son holding any office under the authority of the United States or any lucrative office under the authority of this state, (pro- vided that appointments in the militia, or justices of the peace, shall not be considered lucrative offices,) shall be eli- gible as a candidate for, or have a seat in, the general assembly.
27. No person shall be appointed to any office, within any county, who shall not have been a citizen and inhabitant there- in, one year next before his appointment, 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.
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.
ARTICLE II.
§1. The supreme executive power of this state shall be vested in a governor.
2. The governor shall be chosen by the electors of the mem- bers of the general assembly, on the second Tuesday of Oc- tober, at the same places, and in the same manner that they
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THE STATE OF OHIO.
shall respectively vote for members thereof. The returns 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 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 chosen gover- nor 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.
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 of- fice ; 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.
4. He shall, from time to time, give to the general assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient.
5. He shall have the power to grant reprieves and pardons, after conviction, except in cases of impeachment.
6. The governor shall, at stated times, receive for his ser- vices a compensation, which shall neither be increased nor di- minished during the term for which he shall have been elected.
7. He may require information in writing, from the officers in the executive department, upon any subject relating to the 17*
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duties of their respective offices, and shall take care that the laws be faithfully executed.
8. When an 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 vacant, the gov- ernor shall have power to fill such vacancy, by granting a com- mission, which shall expire at the end of the next session of the legislature.
9. He may, on extraordinary occasions, convene. the gener- al assembly by proclamation, and shall state to them, when assembled, the purposes for which they shall have been con- vened.
10. He shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be call- ed into the service of the United States.
11. In cases of disagreement between the two houses, with 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 be not a period beyond the annual meeting of the legislature.
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 acquitted, or another governor shall be duly qualified. In case of the im- peachment 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 exercise the duties thereof, until a governor shall be elected and qualified.
13. No member of Congress, or person holding any office under the United States or this state, shall execute the office of governor.
14. There shall be a seal of the state which shall be kept by
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the governor, and used by him officially, and shall be called the great seal of the state of Ohio.
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.
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.
ARTICLE III.
§ 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.
2. The supreme court shall consist of three judges, any two of whom shall be a quorm. 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.
3. The several courts of common pleas shall consist of a president and associate judges. The state shall be divided by law into three circuits : there shall be appointed in each cir- cuit, a president of the courts, who, during his continuance in office, shall reside therein. There shall be appointed in
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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 respec- tive counties, any three of whom shall be a quorum, shall com- pose the court of common pleas, which court shall have com- mon law and chancery 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.
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.
5. The court of common pleas of each county shall have ju- risdiction of all probate and testamentary matters, granting ad- ministration, the appointment of guardians, and such other cases as shall be prescribed by law.
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, to cause their proceedings to be brought before them, and the like right and justice to be done.
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 respec- tive circuits ; and the judges of the court of common pleas shall, by virtue of their offices, be conservators of the peace in their respective counties.
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 assem- bly, and shall hold their offices for the term of seven years, if
-
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THE STATE OF OHIO.
so long they behave well. The judges of the supreme 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 during 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.
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 remov- able for breach of good behavior, at any time, by the judges of the respective courts.
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.
11. A competent number of justices of the peace shall be elected by the qualified electors in each township in the sever- al counties, and shall continue in office three years ; whose powers and duties shall from time to be regulated and defined by law.
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 snall conclude "against the peace and dignity of the same."
ARTICLE IV.
§ 1. In all elections, all white male inhabitants, above the age of twenty-one years, having resided in the state one year
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next preceding the election, and who have paid, or are char- ged 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.
2. All elections shall be by ballot.
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.
4. The legislature shall have full power to exclude from the privilege of electing, or being elected, any person convicted of bribery, perjury, or any other infamous crime.
5. Nothing contained in this article shall be so construed 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.
ARTICLE V.
§ 1. Captains and subalterns in the militia shall be elected by those persons in their respective company districts subject to military duty.
2. Majors shall be elected by the captains and subalterns of the battalion.
3. Colonels shall be elected by the majors, captains, and sub- alterns of the regiment.
4. Brigadiers-general shall be elected by the commissioned officers of their respective brigades.
5. Majors-general and quarter-masters-general shall be ap- pointed by joint ballot of both houses of the legislature.
6. The governor shall appoint the adjutant-general. The ma- jors-general shall appoint their aids, and other division staff offi-
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THE STATE OF OHIO.
cers. The brigadiers-general shall appoint their brigade-majors, and other brigade staff officers. The commanding officers of regiments shall appoint their adjutants, quarter-masters, and other regimental staff officers ; and the captains and subalterns shall appoint their non-commissioned officers and musicians.
7. The captains and subalterns of the artillery and caval- ry 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 ap- point their regimental staff, and the captains and subalterns their non-commissioned officers and musicians.
ARTICLE VI.
§ 1. There shall be elected in each county, one sherif 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 as- sembly ; 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 sherif for a longer term than four years in any term of six years.
2. The state treasurer and auditor shall be triennially ap- pointed, by a joint ballot of both houses of the legislature.
3. All town and township officers shall be chosen annually, by the inhabitants thereof duly qualified to vote for mem- bers of assembly, at such time and place as may be directed by law.
4. The appointment of all civil officers, not otherwise di- rected by this constitution, shall be made in such manner as may be directed by law.
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ARTICLE VII.
§ 1. Every person who shall be chosen or appointed to any ffice of trust or profit under the authority of the state shall, efore entering on the execution thereof, take an oath or affir- mation to support the constitution of the United States and of this state, and also an oath of office.
2. Any elector who shall receive any gift or reward for is vote, in meat, drink, money, or otherwise, shall suffer such punishment as the law shall direct; and any person who «hall 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 to which he was elected, and be subject to such other punishment as shall be directed by law.
3. No new county shall be established by the general as- sembly, 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.
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.
5. That after the year one thousand eight hundred and six, whenever two-thirds of the general assembly shall think it ne- cessary 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,
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