USA > Ohio > Shelby County > History of Shelby County, Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 34
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In pursuance of this resolution, the following States made cession of territory to the United States at the date specified: New York, March 1, 1781; Virginia, March 1, 1781, and December 30, 1788; Massachu- setts, April 19, 1785; Connecticut, September 14, 1786, and confirmed May 30, 1800; South Carolina, August 9, 1787; North Carolina, Feb- ruary 25, 1791; and Georgia, April 24, 1820.
These lands were designated and situated as follows: Virginia land lay between the Scioto and Little Miami rivers, which was given to her soldiers of the Revolution as a reward for their services, and was called the Virginia Military Tract. The United States had promised lands to the soldiers of the Revolution, and so Congress laid off a tract for that purpose, lying south of New Connecticut, extending from the Ohio River on the east to the Scioto on the west, and called the United States Military Tract. There were some refugees during the Revolutionary War from Nova Scotia, to whom Congress gave a strip of land extending from the Muskingum, opposite Zanesville, to the Scioto at Columbus.
It is several miles in width. The remaining part of the State was sur- veyed and sold by Congress. In the United States lands, the Virginia military, and Symmes's purchase, the original owner obtained his patent from the United States Land Office, while land ceded to Ohio by Con- gress on condition of making certain canals, were deeded to purchasers by the Governor and Secretary of State.
The act of Congress of December 30, 1788, provided that the territory of the United States should be divided into not more than five, nor less than three States; but on August 7, 1789, the act was modified, and by a subsequent act of May 7, 1800, the Northwestern Territory was di- vided into two separate governments.
The people of the eastern division petitioned Congress, which passed an act April 30, 1802, authorizing them to form a constitution; and in addi- tion thereto Congress offered the people of the State, after it should be organized, the one thirty-eighth part of their whole territory for the use of schools; also certain lands on which they supposed salt water might be procured; five per cent. of all the net proceeds of sales of lands owned by Congress, three per cent. of which was to be laid out in making roads in the State, and two per cent. on a road to be made from Cumberland, in Maryland, to the State of Ohio. This road is familiarly known as the National Turnpike.
These offers were all made on condition that the people of the terri. tory would adept a constitution founded on republican principles, which would harmonize with the ordinances of 1787, so far as being consistent with their being a separate State, and to be in strict accordance with the Constitution of the United States. Such were the requirements of the act of 30th of April, 1802. The convention met November 1, 1802, and finally adopted the constitution November 29, 1802, making Chilli- cothe the seat of government for the new State. Edward Tiffin, Esq., had the honor of being president of the convention, and Thomas Scott, secretary.
On February 19, 1803, Congress passed an act, admitting Ohio as a State into the Union, with one representative in Congress, although the constitution had never been submitted to the people for their approval or disapproval. The counties in existence before the adoption of the constitution were Hamilton, Ross, Wayne, Adams, Knox, Jefferson, Washington, Trumbull, and Belmont. These counties constituted the Northwestern Territory, now embracing the States of Ohio, Indiana, Illinois, Michigan, and Wisconsin.
We now cast a glance at the territorial government before reviewing the affairs of the State.
Gen. Arthur St. Clair was appointed Governor of the Northwestern Territory in 1791. In the session of Congress of 1800 the Northwestern Territory was divided into two territories, Ohio and Indiana. Ohio em- braced the present States of Ohio and Michigan, while Indiana com- prised Indiana, Illinois, and Wisconsin. Ohio Territory contained eighty thousand square miles, whereas Indiana contained one hundred and eighty thousand square miles. Gen. St. Clair was the commissioned Governor of Ohio Territory, while Gen. Wm. Henry Harrison was Gov- ernor of Indiana.
On October 29, 1798, Governor St. Clair issued his proclamation, di- recting the electors, who then numbered five thousand free white males, to elect representatives to a General Assembly to be held at Cincinnati, September 16, 1799, of which Edward Tiffin was speaker. This was the first Legislature of the whole Northwest Territory before its division, and by which Gen. William Henry Harrison was elected the delegate to Congress.
The Ist Constitutional Convention convened at Chillicothe, Nov. 1, 1802. Constitution adopted. The 2d met at Columbus, May 6, 1850. The 3d assembled at Columbus, May 13, 1873. Constitution rejected, leaving the constitution of 1852 in full force and effect.
CONSTITUTION OF THE STATE OF OHIO.
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 :
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ARTICLE I .- BILL OF RIGHTS.
Section 1. All men are, by nature, free and independent, and have cer- tain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seek- ing and obtaining happiness and safety.
Sec. 2. All political power is inherent in the people. Government 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 neces- sary ; 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 Repre- sentatives; and to petition the General Assembly for the redress of grievances.
Sec. 4. The people have the right to bear arms for their defence 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 subordina- tion 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 servi- tude, 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. No person shall be compelled to attend, erect, or support any place of wor- ship, or maintain any form of worship, against his consent; and no pref- erence shall be given, by law, to any religious society ; nor shall any interference with the rights of conscience be permitted. 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 dispense with oaths and affirma- tions. Religion, morality, and knowledge, 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 instruction.
Sec. 8. The privilege of the writ of habeas corpus shall not be sus- pended, unless, in cases of rebellion or invasion, the public safety re- quire it.
Sec. 9. All persons shall be bailable by sufficient sureties, except for capital offences where the proof is evident, or the presumption great. Excessive bail shall not be required; nor excessive fines imposed ; 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 inferior offences, no person shall be held to answer for a capital or otherwise 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 de- fend in person and with counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the wit- nesses 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 offence is alleged to have been committed; nor shall any person be compelled, in any criminal case, to be a witness against himself, or be twice put in jeop- ardy for the same offence.
Sec. 11. Every citizen may freely speak, write, and publish his senti- ments 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 appear to the jury, that the matter charged as libellous 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 offence committed within the same; and no conviction shall work cor- ruption 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, except 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 describing 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 action, 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 remedy 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, except by the General Assembly.
Sec. 19. Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war or other public ex- igency, 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 property shall be taken for public use, a com- pensation 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 impair or deny others retained by the people ; and all powers not herein dele- gated remain with the people.
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 Repre- sentatives.
Sec. 2. Senators and Representatives shall be elected biennially, by the electors in the respective counties or districts, on the second Tues- day of October. Their own 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 re- spectives counties or districts one year next preceding their election, 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 provision shall not extend to township officers, justices of the peace, notaries pub- lic, 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 person, 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 quali- fications 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 constitution, 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 to provide for its safety and the undisturbed transaction of its business.
Sec. 9. Each House shall keep a correct journal of its proceedings, 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 therein. Sec. 10. Any member of either House shall have the right to protest
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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 Gen- eral 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, require secrecy.
Sec. 14. Neither House shall, without the consent of the other, ad- journ for more than two days, Sundays excluded; nor to any other place than that in which the two Houses shall 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 different days, unless, in case of urgency, three-fourths of the House in which it shall be pending shall dispense with this rule. No bill shall contain more than one subject, which shall be clearly expressed in its title; and no law shall be revived or amended, unless the new act contain the en- tire act revived, or the section or sections amended; and the section or sections so amended shall be repealed.
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 resolu- tions passed by the General Assembly.
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 appointed to any civil office under the State, which shall be created, or the emolu- ments 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 the Con- stitution, 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 pur- suance of a specific appropriation made by law; and no appropriation 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 concur therein. Impeachments shall be tried by the Senate; and the Senators, when sit- ting for that purpose, shall be upon oath or affirmation to do justice according to law and evidence. No person 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 extend further than removal from office, and disqualification to hold any office under the authority of this State. The party impeached, whether con- victed or not, shall be liable to indictment, trial, and judgment, accord- ing to law.
Sec. 25. All regular sessions of the General Assembly shall commence on the first Monday of January, biennially. The first session under this Constitution shall commence on the first Monday of January, one thou- sand eight hundred and fifty-two.
Sec. 26. All laws of a general nature shall have a uniform operation throughout the State; nor shall any act, except such as relates to public schools, be passed, to take effect upon the approval of any other author- ity than the General Assembly, except as otherwise provided in this Constitution.
Sec. 27. The election and appointment of all officers, and the filling
of all vacancies not otherwise provided for by this Constitution, or the Constitution of the United States, shall be made in such manner as may be directed by law; but no appointing power shall be exercised by the General Assembly, except as prescribed in this Constitution, and in the election of United States Senators; and in these cases the vote shall be taken " viva voce."
Sec. 28. The General Assembly shall have no power to pass retro- active laws, nor laws impairing the obligation of contracts; but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of parties and officers, by curing omissions, defects and errors in instruments and proceedings, arising out of their want of conformity with the laws of this State.
Sec. 29. No extra compensation shall be made to any officer, public agent, or contractor, after the service shall have been rendered, or the contract entered into; nor shall any money be paid on any claim, the subject matter of which shall not have been provided for by preexisting law, unless such compensation or claim be allowed by two-thirds of the members elected to each branch of the General Assembly.
Sec. 30. No new county shall contain less than four hundred square miles of territory, nor shall any county be reduced below that amount; and all laws creating new counties, changing county lines, or removing county seats, shall, before taking effect, be submitted to the electors of the several counties to be effected thereby, at the next general election after the passage thereof, and be adopted by a majority of all the electors voting at such election, in each of said counties; but any county now or hereafter containing one hundred thousand inhabitants, may be divided, whenever a majority of the voters, residing in each of the proposed di- visions, shall approve of the law passed for that purpose; but no town or city within the same shall be divided, nor shall either of the divisions contain less than twenty thousand inhabitants.
Sec. 31. The members and officers of the General Assembly shall receive a fixed compensation, to be prescribed by law, and no other allowance or perquisites, either in the payment of postage or otherwise; and no change in their compensation shall take effect during their term of office.
Sec. 32. The General Assembly shall grant no divorce, nor exercise any judicial power not herein expressly conferred.
ARTICLE III .- EXECUTIVE.
Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, and an Attorney General, who shall be chosen by the electors of the State, on the second Tuesday of October, and at the places of voting for members of the. General Assembly.
Sec. 2. The Governor, Lieutenant Governor, Secretary of State, Treas- urer and Attorney General, shall hold their offices for two years; and the Auditor for four years. Their terms of office shall commence on the second Monday of January next after their election, and continue until their successors are elected and qualified.
Sec. 3. The returns of every election, for the officers named in the foregoing section, shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the President of the Senate, who, during the first week of the session, shall open and publish them, and declare the result, in the presence of a majority of the mem- bers of each house of the General Assembly. The person having the highest number of votes shall be declared duly elected; but if any two or more shall be highest, and equal in votes, for the same office, one of them shall be chosen by the joint vote of both houses.
Sec. 4. Should there be no session of the General Assembly in Janu- ary next after an election for any of the officers aforesaid, the returns of such election shall be/made to the Secretary of State, and opened, and the result declared by the Governor, in such manner as may be provided by law.
Sec. 5. The supreme executive power of this State shall be vested in the Governor.
Sec. 6. He may require information, in writing, from the officers in
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the executive department, upon any subject relating to the duties of their respective offices; and shall see that the laws are faithfully executed.
Sec. 7. He shall communicate at every session, by message, to the General Assembly, the condition of the State, and recommend such measures as he shall deem expedient.
Sec. 8. He may, on extraordinary occasions, convene the General Assembly by proclamation, and shall state to both houses, when assem- bled, the purpose for which they have been convened.
Sec. 9. In case of disagreement between the two houses, in respect to the time of adjournment, he shall have power to adjourn the General Assembly to such time as he may think proper, but not beyond the reg- ular meetings thereof.
Sec. 10. He shall be commander-in-chief of the military and naval forces of the State, except when they shall be called into the service of the United States.
Sec. 11. He shall have power, after conviction, to grant reprieves, commutations, and pardons, for all crimes and offences, except treason and cases of impeachment, upon such conditions as he may think proper, subject, however, to such regulations, as to the manner of applying for pardons, as may be prescribed by law. Upon conviction for treason, he may suspend the execution of the sentence, and report the case to the General Assembly, at its next meeting, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve. He shall communicate to the General Assembly, at every regular session, each case of reprieve, commutation, or pardon granted ; stating the name and crime of the convict, the sentence, its date, and the date of the commutation, pardon, or reprieve, with his rea- sons therefor.
Sec. 12. There shall be a seal of the State, which shall be kept by the Governor, and used by him officially; and shall be called " The Great Seal of the State of Ohio."
Sec. 13. All grants and commissions shall be issued in the name, and by the authority, of the State of Ohio; sealed with the Great Seal, signed by the Governor, and countersigned by the Secretary of State.
Sec. 14. No member of Congress, or other person holding office under the authority of this State, or of the United States, shall execute the office of Governor, except as herein provided.
Sec. 15. In case of the death, impeachment, resignation, removal, or other disability of the Governor, the powers and duties of the office, for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the Lieutenant Governor.
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