USA > Ohio > Shelby County > History of Shelby County, Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 36
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Sec. 11. The Governor, Auditor, and Secretary of State, or any two of thein, shall, at least six months prior to the October election, in the year one thousand eight hundred and sixty-one, and at each decennial period thereafter, ascertain and determine the ratio of representation, according to the decennial census, the number of Representatives and Senators each county or district shall be entitled to elect, and for what years within the next ensuing ten years; and the Governor shall cause the same to be published in such manner as shall be directed by law.
JUDICIAL APPORTIONMENT.
Sec. 12. For judicial purposes, the State shall be apportioned as fol- lows :
The county of Hamilton shall constitute the first district, which shall not be subdivided ; and the judges therein may hold separate courts or separate sittings of the same court at the same time.
The counties of Butler, Preble and Darke shall constitute the first subdivision ; Montgomery, Miami and Champaign, the second ; and Warren, Clinton, Greene and Clark, the third subdivision of the second district ; and, together, shall form such district.
The counties of Shelby, Auglaize, Alien, Hardin, Logan, Union and Marion, shall constitute the first subdivision ; Mercer, Van Wert, Put- nam, Paulding, Defiance, Williams, Henry and Fulton, the second; and Wood, Seneca, Hancock, Wyandot and Crawford, the third subdivision of the third district; and, together, shall form such district.
The counties of Lucas, Ottawa, Sandusky, Erie and Huron, shall con- stitute the first subdivision ; Lorain, Medina and Summit, the second ; and the county of Cuyahoga, the third subdivision of the fourth dis- trict ; and, together, shall form such district.
The counties of Clermont, Brown and Adams, shall constitute the first subdivision ; Highland, Ross and Fayette, the second; and Pick- away, Franklin and Madison, the third subdivision of the fifth district ; and, together, shall form such district.
The counties of Licking, Knox and Delaware, shall constitute the first subdivision ; Morrow, Richland and Ashland, the second; and Wayne, Holmes and Coshocton, the third subdivision of the sixth district ; and, together, shall form such district.
The counties of Fairfield, Perry and Hocking, shall constitute the first subdivision ; Jackson, Vinton, Pike, Scioto and Lawrence, the second ; and Gallia, Meigs, Athens and Washington, the third subdivision of the seventh district ; and, together, shall form such district.
The counties of Muskingum and Morgan, shall constitute the first subdivision ; Guernsey, Belmont and Monroe, the second ; and Jeffer- son, Harrison and Tuscarawas, the third subdivision of the eighth dis- trict; and, together, shall form such district.
The counties of Stark, Carroll and Columbiana, shall constitute the first subdivision ; Trumbull, Portage and Mahoning, the second ; and Geauga, Lake and Ashtabula, the third subdivision of the ninth dis- trict ; and, together, shall form such district.
Sec. 13. The General Assembly shall attach any new counties that may hereafter be erected, to such districts, or subdivisions thereof, as shall be most convenient.
ARTICLE XII .- FINANCE AND TAXATION.
Section 1. The levying of taxes by the poll is grievous and oppressive; therefore, the General Assembly shall never levy a poll tax for county or State purposes.
Sec. 2. Laws shall be passed, taxing, by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or other- wise ; and also all real and personal property, according to its true value in money ; but burying grounds, public school houses, houses used exclusively for public worship, institutions of purely public charity, public property used exclusively for any public purpose, and personal property, to an amount not exceeding in value two hundred dollars for each individual, may, by general laws, be exempted from taxation, but all such laws shall be subject to alteration or repeal ; and the value of all property so exempted shall, from time to time, be ascertained and published, as may be directed by law.
Sec. 3. The General Assembly shall provide by law for taxing the notes and bills discounted or purchased, moneys loaned, and all other property, effects or dues of every description ( without deduction), of all banks now existing, or hereafter created, and of all bankers, so that all property employed in banking shall always bear a burden of taxation equal to that imposed on the property of individuals.
Sec. 4. The General Assembly shall provide for raising revenue, suf- ficient to defray the expenses of the State for each year, and also a suffi- cient sum to pay the interest on the State debt.
Sec. 5. No tax shall be levied, except in pursuance of law; and every law imposing a tax shall state distinctly the object of the same, to which only it shall be applied.
Sec. 6. The State shall never contract any debt for purposes of inter- nal improvement.
ARTICLE XIII .- CORPORATIONS.
Section 1. The General Assembly shall pass no special act conferring corporate powers.
Sec. 2. Corporations may be formed under general laws ; but all such laws may, from time to time, be altered or repealed.
Sec. 3. Dues from corporations shall be secured by such individual liability of the stockholders, and other means, as may be prescribed by law; but, in all cases, each stockholder shall be liable, over and above the stock by him or her owned, and any amount unpaid thereon, to a further sum, at least equal in amount to such stock.
Sec. 4. The property of corporations, now existing or hereafter created, shall forever be subject to taxation, the same as the property of indi- viduals.
Sec. 5. No right of way shall be appropriated to the use of any corpo- ration, until full compensation therefor be first made in money, or first secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation : which compensa- tion shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law.
Sec. 6. The General Assembly shall provide for the organization of cities and incorporated villages by general laws ; and restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, so as to prevent the abuse of such power.
Sec. 7. No act of the General Assembly, authorizing associations with banking powers, shall take effect until it shall be submitted to the peo- ple at the general election next succeeding the passage thereof, and be approved by a majority of all the electors voting at such election.
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ARTICLE XVI .- JURISPRUDENCE.
Section 1. The General Assembly, at its first session after the adop- tion of this Constitution, shall provide for the appointment of three commissioners, and prescribe their tenure of office, compensation, and the mode of filling vacancies in said commission.
Sec. 2. The said commissioners shall revise, reform, simplify and abridge the practice, pleadings, forms and proceedings of the courts of record of this State; and, as far as practicable and expedient, shall pro- vide for the abolition of the distinct forms of action at law, now in use, and for the administration of justice by a uniform mode of proceeding, without reference to any distinction between law and equity.
Sec. 3. The proceedings of the commissioners shall, from time to time, be reported to the General Assembly, and be subject to the action of that body.
ARTICLE XV .- MISCELLANEOUS.
Section 1. Columbus shall be the seat of government until otherwise directed by law.
Sec. 2. The printing of the laws, journals, bills, legislative documents and papers for each branch of the General Assembly, with the printing required for the executive and other departments of State, shall be let, on contract, to the lowest responsible bidder, by such executive officers, and in such manner as shall be prescribed by law.
Sec. 3. An accurate and detailed statement of the receipts and expen- ditures of the public money, the several amounts paid, to whom, and on what account, shall, from time to time, be published, as shall be pre- scribed by law.
Sec 4. No person shall be elected or appointed to any office in this State unless he possess the qualifications of an elector.
Sec. 5. No person who shall hereafter fight a duel, assist in the same as second, or send, accept, or knowingly carry a challenge therefor, shall hold any office in this State.
Sec. 6. Lotteries, and the sale of lottery tickets, for any purpose what- ever, shall forever be prohibited in this State.
Sec. 7. Every person chosen or appointed to any office under this State, before entering upon the discharge of its duties, shall take an oath or affirmation to support the Constitution of the United States, and of this State, and also an oath of office.
Sec. 8. There may be established in the Secretary of State's office, a bureau of statistics, under such regulations as may be prescribed by law.
ARTICLE XVI .- AMENDMENTS.
Section 1. Either branch of the General Assembly may propose amend- ments to this Constitution ; and, if the same shall be agreed to by three- fifths of the members elected to each House, such proposed amendments shall be entered on the journals, with the yeas and nays, and shall be published in at least one newspaper in each county of the State, where a newspaper is published, for six months preceding the next election for Senators and Representatives, at which time the same shall be submitted to the electors for their approval or rejection ; and if a majority of the electors voting at such election shall adopt such amendments, the same shall become a part of the Constitution. When more than one amend- ment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately.
Sec. 2. Whenever two-thirds of the members elected to each branch of the General Assembly shall think it necessary to call a convention to revise, amend or change this Constitution, they shall recommend to the electors to vote, at the next election for members of the General Assem- bly, for or against a convention ; and if a majority of all the electors voting at said election shall have voted for a convention, the General Assembly shall, at their next session, provide by law for calling the same. The convention shall consist of as many members as the House of Representatives, who shall be chosen in the same manner, and shall meet within three months after their election, for the purpose aforesaid.
Sec. 3. At the general election, to be held in the year one thousand eight hundred and seventy-one, and in each twentieth year thereafter, the question, "Shall there be a Convention to revise, alter or amend the
Constitution ?" shall be submitted to the electors of the State; and, in case a majority of all the electors, voting at such election, shall decide in favor of a convention, the General Assembly, at its next session, shall provide, by law, for the election of delegates, and the assembling of such convention, as is provided in the preceding section ; but no amendment of this Constitution, agreed upon by any convention assembled in pur- suance of this article, shall take effect until the same shall have been submitted. to the electors of the State, and adopted by a majority of those voting thereon.
SCHEDULE.
Section 1. All laws of this State, in force on the first day of Septem- ber, one thousand eight hundred and fifty-one, not inconsistent with this Constitution, shall continue in force until amended or repealed.
Sec. 2. The first election for members of the General Assembly, under this Constitution, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one.
Sec. 3. The first election for Governor, Lieutenant Governor, Auditor, Treasurer, and Secretary of State and Attorney General, shall be held on the second Tuesday of October, one thousand eight hundred and fifty- one. The persons holding said offices, on the first day of September, one thousand eight hundred and fifty-one, shall continue therein until the second Monday of January, one thousand eight hundred and fifty- twc.
Sec. 4. The first election for judges of the supreme court, courts of common pleas and probate courts, and clerks of the courts of common pleas, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one; and the official term of said judges and clerks, so elected, shall commence on the second Monday of February, one thousand eight hundred and fifty-two. Judges and clerks of the courts of common pleas and supreme court, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office, with their present powers and duties, until the second Monday of February, one thousand eight hundred and fifty-two. No suit or pro- ceeding, pending in any of the courts of the State, shall be affected by the adoption of this Constitution.
Sec. 5. The Register and Receiver of the Land Office, Directors of the Penitentiary, Directors of the Benevolent Institutions of the State, the State Librarian, and all other officers, not otherwise provided for in this Constitution, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until their terms expire, respectively, unless the General Assembly shall otherwise provide.
Sec. 6. The superior and commercial courts of Cincinnati, and the supe- rior court of Cleveland, shall remain until otherwise provided by law, with their present powers and jurisdiction ; and the judges and clerks of said courts, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until the expiration of their terms of office, respectively, or until otherwise provided by law ; but neither of said courts shall continue after the second Monday of February, one thousand eight hundred and fifty-three ; and no suit shall be commenced in said two first-mentioned courts, after the second Mon- day of February, one thousand eight hundred and fifty-two, nor in said last-mentioned court, after the second Monday in August, one thousand eight hundred and fifty-two; and all business in either of said courts, not disposed of within the time limited for their continuance, as afore- said, shall be transferred to the court of common pleas.
Sec. 7. All county and township officers, and justices of the peace, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until their terms expire, respectively.
Sec. 8. Vacancies in office, occurring after the first day of September, one thousand eight hundred and fifty-one, shall be filled, as is now pre- scribed by law, and until officers are elected or appointed, and qualified, under this Constitution.
Sec. 9. This Constitution shall take effect on the first day of Septem- ber, one thousand eight hundred and fifty-one.
Sec. 10. All officers shall continue in office until their successors shall be chosen and qualified.
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Sec. 11. Suits pending in the supreme court in banc, shall be trans- ferred to the supreme court, provided for in this Constitution, and be proceeded in according to law.
Sec. 12. The district courts shall, in their respective counties, be the successors of the present supreme court; and all suits, prosecutions, judgments, records and proceedings, pending and remaining in said supreme court, in the several counties of any district, shall be trans- ferred to the respective district courts of such counties, and be proceeded in as though no change had been made in said supreme court.
Sec. 13. The said courts of common pleas, shall be the successors of the present courts of common pleas in the several counties, except as to probate jurisdiction; and all suits, prosecutions, proceedings, records and judgments, pending or being in said last mentioned courts, except as aforesaid, shall be transferred to the courts of common pleas, created by this Constitution, and proceeded in as though the same had been therein instituted.
Sec. 14. The probate courts provided for in this Constitution, as to all matters within the jurisdiction conferred upon said courts, shall be the successors, in the several counties, of the present courts of common pleas; and the records, files and papers, business and proceedings, appertaining to said jurisdiction, shall be transferred to said courts of probate, and be there proceeded in, according to law.
Sec. 15. Until otherwise provided by law, elections for judges and clerks shall be held, and the poll books returned, as is provided for Governor; and the abstract therefrom, certified to the Secretary of State, shall be by him opened, in the presence of the Governor, who shall declare the result, and issue commissions to the persons elected.
Sec. 16. Where two or more counties are joined in a senatorial, repre- sentative or judicial district, the returns of elections shall be sent to the county having the largest population.
Sec. 17. The foregoing Constitution shall be submitted to the electors of the State, at an election to be held on the third Tuesday of June, one thousand eight hundred and fifty-one, in the several election dis- tricts of this State. The ballots at such election shall be written or printed as follows: Those in favor of the Constitution, " New Constitu- tion, Yes ;" those against the Constitution, "New Constitution, No." The polls at said election shall be opened between the hours of eight and ten o'clock, A. M., and closed at six o'clock, P. M .; and the said elec- tion shall be conducted, and the returns thereof made and certified to the Secretary of State, as provided by law for annual elections of State and county officers. Within twenty days after such election, the Secre- tary of State shall open the returns thereof, in the presence of the Gov- ernor; and, if it shall appear that a majority of all the votes cast at such election are in favor of the Constitution, the Governor shall issue his proclamation, stating that fact, and said Constitution shall be the Constitution of the State of Ohio, and not otherwise.
Sec. 18. At the time when the votes of the electors shall be taken for the adoption or rejection of this Constitution, the additional section, in the words following, to wit: " No license to traffic in intoxicating liquors shall hereafter be granted in this State, but the General Assembly may, by law, provide against evils resulting therefrom," shall be separately submitted to the electors for adoption or rejection, in form following, to wit: A separate ballot may be given by every elector, and deposited in a separate box. Upon the ballots given for said separate amendment, shall be written or printed, or partly written and partly printed, the words, " License to sell intoxicating liquors, Yes;" and upon the bal- lots given against said amendment, in like manner, the words, "License to sell intoxicating liquors, No." If, at the said election, a majority of all the votes given for and against said amendment, shall contain the words, " License to sell intoxicating liquors, No," then the said amend- ment shall be a separate section of article fifteen of the Constitution.
Sec. 19. The apportionment for the House of Representatives, during ยท the first decennial period under this Constitution, shall be as follows :-
The counties of Adams, Allen, Athens, Auglaize, Carroll, Champaign, Clark, Clinton, Crawford, Darke, Delaware, Erie, Fayette, Gallia, Ge- auga, Greene, Hancock, Harrison, Hocking, Holmes, Lake, Lawrence, Logan, Madison, Marion, Meigs, Morrow, Perry, Pickaway, Pike, Preble, Sandusky, Scioto, Shelby and Union, shall, severally, be entitled to one Representative in each session of the decennial period.
The counties of Franklin, Licking, Montgomery and Stark, shall each be entitled to two Representatives in each session of the decennial period.
The counties of Ashland, Coshocton, Highland, Huron, Lorain, Ma- honing, Medina, Miami, Portage, Seneca, Summit and Warren, shall, severally, be entitled to one Representative in each session, and one additional Representative in the fifth session of the decennial period.
The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, Guern- sey, Jefferson, Knox, Monroe, Morgan, Richland, Trumbull, Tuscarawas and Washington, shall, severally, be entitled to one Representative in each session, and two additional Representatives, one in the third, and one in the fourth session of the decennial period.
The counties of Belmont, Columbiana, Ross and Wayne, shall, seve- rally, be entitled to one Representative in each session, and three addi- tional Representatives, one in the first, one in the second, and one in the third session of the decennial period.
The county of Muskingum shall be entitled to two Representatives in each session, and one additional Representative in the fifth session of the decennial period.
The county of Cuyahoga shall be entitled to two Representatives in each session, and two additional Representatives, one in the third, and one in the fourth session of the decennial period.
The county of Hamilton shall be entitled to seven Representatives in each session, and four additional Representatives, one in the first, one in the second, one in the third, and one in the fourth session of the decennial period.
The following counties, until they shall have acquired a sufficient population to entitle them to elect, separately, under the fourth section of the eleventh article, shall form districts in manner following, to wit: The counties of Jackson and Vinton, one district; the counties of Lucas and Fulton, one district; the counties of Wyandot and Hardin, one dis- trict; the counties of Mercer and Van Wert, one district ; the counties of Paulding, Defiance and Williams, one district; the counties of Put- nam and Henry, one district; and the counties of Wood and Ottawa, one district; each of which districts shall be entitled to one Represent- ative in every session of the decennial period.
Done in Convention, at Cincinnati, the tenth day of March, in the year of our Lord one thousand eight hundred and fifty-one, and of the Independence of the United States the seventy-fifth. 1
Attest : WM. H. GILL, Secretary.
WILLIAM MEDILL, President.
LOCAL INCIDENTS OF THE WAR OF 1812.
During the war of 1812 the old posts or forts which stood as monu- ments of the march of General Wayne, were to some extent called into prominence and kept in existence until 1817, when the treaty at the foot of the Rapids obviated their further use. These posts were Recovery, Loramie, St. Marys or Barbee, and Adams. In September, 1812, Gen- eral Harrison had his headquarters at St. Marys for a short time, this being one point for the rendezvous of troops in anticipation of the con- templated advance against Detroit and Malden. At this juncture the base line of his operations was one drawn from Upper Sandusky along "the southerly side of the swampy district of St. Marys." About two thousand two hundred troops collected at St. Marys, and at this place Col. Richard M. Johnson, of gallant bearing and famous memory, joined General Harrison with three hundred mounted Kentuckians.
Colonel Adams with seven hundred mounted men had advanced as far as Shane's Crossing of the St. Marys, making a forced march to the relief of Ft. Wayne.
Colonel Allen's regiment with one company from the regiment of Col. Scott and two from that of Col. Lewis had been detached by the General from Piqua on the same mission as that of Col. Adams.
On September 6th, the whole force moved forward from Piqua, and early on the 8th overtook the command of Col. Allen on the St. Marys River, where the Colonel had been ordered by express from the General to halt and construct blockhouses for the protection of the sick and as a storehouse for provisions. This was Girty's Town, since called St. Marys, located on the river of the same name, in Auglaize County. Major R. M. Johnson arrived here with his corps of mounted men on the evening of
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the same day. These volunteers consisted of the companies of Captains Arnold, Johnson, and Ward. The whole force then centred at this point mustered about twenty-two hundred. Late the next day (Sep- tember 9th) the whole force reached Shane's Crossing and joined Colonel Adams's regiment of Ohio volunteers.
Pending operations in this quarter Col. Jennings was detached to erect a fort at a point intermediate between St. Marys and Defiance. This fort was built upon the Auglaize River, and named Fort Jennings.
After an absence at Ft. Wayne, General Harrison returned to St. Marys on the 20th of September, and the next day wrote as follows to General Winchester :-
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