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 16
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To constitute tribunals inferior to the supreme court :
'To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations :
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water :
To raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years :
To provide and maintain a navy :
To make rules for the government and regulation of the land and naval forces:
To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions :
To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be cm- ployed, in the service of the United States, reserving to the
-
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states respectively, the appointment of the officers, and the au- thority of training the militia according to the discipline pre- scribed by Congress.
To exercise exclusive legislation in all cases whatsoever, over such district, (not exceeding ten miles square,) as may by cession of particular states, and the acceptance of Con- gress, become the seat of government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings-and
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.
9. The migration or importation of such persons as any of the states now existing, shall think proper to admit, shall not be prohibited by the Congress, prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be sus- pended, unless when in cases of rebellion or invasion the pub- lic safety may require it.
No bill of attainder or ex post facto law shall be passed.
No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of com- merce or revenue to the ports of one state over those of ano- ther ; nor shall vessels bound to, or from one state, be obliged to enter, clear, or pay duties in another.
No money shall be drawn from the treasury, but in con- 19*
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CONSTITUTION OF
sequence of appropriations made by law ; and a regular state- ment and account of the receipts and expenditures of all pub- lic money shall be published from time to time.
No title of nobility shall be granted by the United States ; and no person holding any office of profit or trust under them, shall, without the consent of Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
10. No state shall enter into any treaty, alliance, or confed- eration ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports except what may be ab- solutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any state on im- ports or exports, shall be for the use of the treasury of the United States ; and all such laws shall be subject to the revis- ion and control of the Congress. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or en- gage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
ARTICLE II.
§ 1. The executive power shall be vested in a president of the United States of America. He shall hold his office du- ring the term of four years; and together with the vice presi- dent, chosen for the same term, be elected as follows :
Each state shall appoint, in such manner as the legislature
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thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress : but no senator or representa- tative, or person holding an office of trust or profit under the United States shall be appointed an elector.
[ The electors shall meet in their respective states, and vote by ballot for two persons of whom one at least shall not be an inhabitant of the same state with themselves: and they shall make a list of all the persons voted for, and of the number of votes for each; which list 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 having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall im- mediately choose by ballot, one of them for president ; and if no person nave a majority, then from the five highest on the list, the said house shall, in like manner, choose 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. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice president. But if there should remain two or more who have equal votes, the senate shall choose from them, by ballot, the vice president. ]
[ This clause altogether altered and supplied by the XIIth, amendment. ]
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The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. -
No person except a natural born citizen or a citizen of the United States at the time of the adoption of this constiution, shall be eligible to the office of president ; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resi- dent within the United States.
In case of the removal of the president from office, or of his death, resignation or inability to discharge the powers and du- ties of the said office, the same shall devolve on the vice presi- dent, and the Congress may by law provide for the case of re- moval, death, resignation or inability, both of the president and vice president, declaring what officer shall then act as pres- ident, and such officer shall act accordingly, until the disabili- ty be removed, or a president shall be elected.
The president shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminish- ed during the period for which he shall have been elected ; and he shall not receive, within that period, any other emolument from the United States, or any of them.
Before he enter on the execution of his office, he shall take the following oath or affirmation :
"I do solemnly swear (or affirm) that I will faithfully exe- cute the office of president of the United States, and will, to the best of my ability, preserve, protect and defend the constitu- tion of the United States."
2. The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the sev- eral states, when called into the actual service of the United States : he may require the opinion in writing, of the princi-
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pal officer in each of the executive departments, upon any sub- ject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the sena- tors present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be es- tablished by law. But the Congress may by law vest the ap- pointment of such inferior officers as they think proper, in the president alone, or in the courts of law or the heads of depart- ments.
The president shall have power to fill up all vacancies that may happen during the recess of the senate by granting com- missions, which shall expire at the end of their next session.
3. He shall from time to time, give to the Congress infor- mation of the state of the Union, and recommend to their con- sideration such measures as he shall judge necessary and expe- dient : he may, on extraordinary occasions, convene both houses, or either of them; and in case of disagreement be- tween them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper: he shall receive ambassadors and other public officers : he shall take care that the laws be faithfully executed, and shall commis- sion all the officers of the United States.
4. The president, vice president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors.
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ARTICLE III.
§ 1. The judicial power of the United States shall be vest- ed in one supreme court, and in such inferior courts as the Congress may, from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
2. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public minis- ters and consuls ; to all cases of admiralty and maritime juris- diction ; to controversies to which the United States shall be a party ; to controversies between two or more states ; be- tween a state and citizens of another state ; between citizens of the same state, claiming lands under grants of different states ; and between a state or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases be- fore mentioned, the supreme court shall have appellate jurisdic- tion, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the state where the said crimes shall have been committed ; but when not com- mitted within any state, the trial shall be at such place or places as the Congress may by law have directed.
3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giv-
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ing them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason ; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person at- tainted.
ARTICLE IV.
§ 1. Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. And the Congress may, by general laws, prescribe the manner in which such acts records, and proceedings, shall be proved, and the effect thereof.
2. The citizens of each state shall be entitled to all privi- leges and immunities of citizens in the several states.
A person charged in any state with treason, felony, or oth- er crime, who shall flee from justice and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
No person held to service or labor in one state under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor ; but shall be delivered up on claim of the party to whom such service or labor may be due.
3. New states may be admitted by the Congress into this Union ; but no state shall be formed or erected within the ju- risdiction of any other state ; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the Congress.
The Congress shall have power to dispose of and make all
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CONSTITUTION OF
needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
4. The United States shall guarantee to every state in this Union, a republican form of government, and shall protect each of them against invasion ; and on appplication of the leg- islature or of the executive, (when the legislature cannot be convened,) against domestic violence.
ARTICLE V.
The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution ; or on the application of the legislatures of two-thirds of the sev- eral states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as a part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three- fourths thereof, as the one or the other mode of ratification may be proposed by the Congress ; provided, that no amend- ment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no state without its consent, shall be deprived of its equal suf- frage 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 confedera- tion.
This constitution, and the laws of the United States, which shall be made in pursuance thereof, and all treaties made, or
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which shall be made under the authority of the United States, shall be the supreme 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 judicial officers, both of the United States and of the several states, shall be bound by an 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 sufficient 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 Independence of the United States of America, the twelfth. In witness whereof, we have subscribed our names.
GEORGE WASHINGTON
President, and delegate from Virginia.
New Hampshire-John Langdon, Nicholas Gilman.
Massachusetts-Nathaniel Gorham, Rufus King.
Connecticut-Wm. Samuel Johnson, Roger Sherman. New York-Alexander Hamilton.
New Jersey-William Livingston, William Patterson, Da- vid Brearly, Jonathan Dayton.
Pennsylvania-Benjamin Franklin, Robert Morris, Thom- as Fitzsimons, James Wilson, Thomas Mifflin, George Cly- mer, Jared Ingersoll, Governeur Morris.
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Delaware-George Read, Gunning Bedford, Jr., John Dick- inson, Richard Bassett, Jacob Broom.
Maryland-James McHenry, Daniel of St. Tho. Jenifer, Daniel Carroll.
Virginia-John Blair, James Madison, Jr.
North Carolina-William Blount, Richard Dobbs Spaight, Hugh Williamson.
South Carolina-John Rutledge, Charles Pinckney, Pierce Butler, Chas. Cotesworth Pinckney.
Georgia-William Few, Abraham Baldwin.
Attest, WILLIAM JACKSON, Secretary.
AMENDMENTS.
ARTICLE I.
First Congress, first session, March 4, 1789.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridg- ing the freedom of speech, or the press ; or the right of the people peaceably to assemble, and to petition the goverment 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 without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
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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 describing 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 infamous 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 offense, 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 a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been commit- ted ; which disirict shall have been previously ascertained by law ; and to be informed of the nature and cause of the ac- cusation ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
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ARTICLE VII.
In suits at common law, where the value in controversy shall exceed 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 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 con- stitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
ARTICLE XI.
Third Congress, second session, December 2, 1793.
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecu- ted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
ARTICLE XII.
Eighth Congress, first session, October 17, 1803.
The electors shall meet in their respective states, and vote, by ballot, for president and vice president, one of whom, at
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least, shall not be an inhabitant of the same state with themselves ; they shall name in their ballots the person voted for as presi- dent, and in distinct ballots the person voted for as vice presi- dent ; 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 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 having the greatest number of votes for president shall be the president, if such num- ber be a majority of the whole number of electors appointed ; and if no person have such majority, then from the persons having the highest number, 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, whenever 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 disability of the president.
The person having the greatest number of votes as vice president, shall be the vice president, if such number be a ma- jority 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 quo-
20*
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CONSTITUTION.
rum 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 the United States.
TABULAR VIEWS, &C.
NAMES of all county officers from the organization of the county down to the present year, with the time of the election of each.
[NOTE. Those officers having the letter c, annexed were appointed by the county commissioners. Those having the letters c p, were appointed by the court of common pleas, pur- suant to the laws then in force. ]
SHERIFS.
NAMES.
YEAR. ELECTED.
NAMES.
YEAR ELECTED.
Agreen Ingraham,
18.24
Levi Keller,
1838
1826
66
1840
William Patterson,
1828
Uriah P. Coonrod,
1842
David Bishop,
1830
66
1844
1832
Eden Lease,
1846
Joel Stone,
1834
66
1836
CORONERS.
Christopher Stone,
1824
George Flack,
1832
1826 Eli Norris,
1834
William Toll,
1828
Levi Keller,
1836
1830
Henry McCartney,
1838
236
TABULAR VIEWS.
YEAR
YEAR
NAMES.
ELECTED. NAMES.
ELECTED.
Daniel Brown,
1840
Gerge H. Show,
1844
George H. Show,
1842
Samuel Herrin,
1846
AUDITORS.
David Smith,
1824
Levi Davis,
1836
1826
1838
1828
Gabriel J. Keen,
1840
1830
1842
David E. Owens,
1832
Frederick W. Green,
1844
1834
1846
TREASURERS.
Milton McNeal, c
1824
John Gooden,
1835
c
1825
66
1837
66
c
1826
Joshua Seney,
1839
Agreen Ingraham, c
1827
1841
Jacob Plane, c
1828
Richard Williams,
1843
1829
66
1845
1831
George Knupp,
1847
John Gooden,
1833
PROSECUTING ATTORNEYS.
Rodolphus Dickinson, c p 1824
John J. Steiner,
1839
Abel Rawson, c p
1826
Joel W. Wilson,
1840
Sidney Smith,
1833
1842
Selah Chapin, Jr.
1835
William Lang,
1844
John J. Steiner,
1837
1846
237
TABULAR VIEWS.
COMMISSIONERS.
YEAR
YEAR
NAMES.
ELECTED.
NAMES.
ELECTED.
Thomas Boyd,
1824
Lorenzo Abbott,
1834
Benjamin Whitmore,
1824
Benjamin Whitmore,
1835
Doctor Dunn,
1824
John Seitz,
1836
Thomas Boyd,
1825
Lorenzo Abbott,
1837
Timothy P. Roberts,
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