USA > Ohio > Mercer County > History of Van Wert and Mercer counties, Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 35
USA > Ohio > Van Wert County > History of Van Wert and Mercer counties, Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 35
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123 | Part 124
Sec. 7. The mode of organizing the House of Representatives, at the commencement of cach 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 year 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 cither 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
108
HISTORY OF VAN WERT AND MERCER COUNTIES, OHIO.
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. 19. 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- ยท 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 che 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.
Scc. 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.
See. 26. All laws of a general nature shall have a uniform operation throughout the State; nor shall any aet, 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 effeet, 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 ant 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 Exceutive 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- nrer 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. lle may require information, in writing, from the officers in
109
HISTORY OF VAN WERT AND MERCER COUNTIES, OHIO.
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 aljourn the General Assembly to such time as be may think proper, but not beyond the reg- ular meetings thereof.
See. 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.
See. 11. He shall have power, after conviction, to grant reprieves, commutations, and pardons, for all crimes and offenees, 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, counoute 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."
See. 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 countersigued 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.
Sec. 16. The Lieutenant Governor shall be President of the Senate. but shall vote only when the Senate is equally divided; and in case of his absence, or impeachment, or when he shall exercise the office of Gov- ernor, the Senate shall choose a President pro tempore.
Sce. 17. If the Lieutenant Governor, while executing the office of Governor, shall be impeached, displaced, resign or die, or otherwise be- come incapable of performing the duties of the office, the President of the Senate shall act as Governor, until the varaney is filled, or the dis- `ability removed; and if the President of the Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of Governor, the same shall devolve upon the Speaker of the House of Representatives.
Sec. 18. Should the office of Auditor, Treasurer, Secretary, or Attor- ney General, become vacant, for any of the causes specified in the fifteenth section of this article, the Governor shall fill the vacancy until the disa- bility is removed, or a successor elected and qualified. Every such va- caney shall be filled by election, at the first general election that occurs more than thirty days after it shall have happened : and the person chosen shall hold the office for the full term fixed in the second section of this article.
See. 19. The officers mentioned in this article shall, at stated times, receive for their services, a compensation to be established by law, which shall weither be increased nor diminished during the period for which they shall have been elected.
Sec. 20. The officers of the executive department, and of the public State Institutions, shall, at least five days preceding cach regular session of the General Assembly, severally report to the Governor, who shall transmit stteh reports, with his message, to the General Assembly.
ARTICLE IV .- JUDICIAL.
Section 1. The judicial power of the State shall be vested in a supreme court, in district courts, courts of common pleas, courts of probati. i ... tices of the peace, and in such other courts, inferior to the supreme comt. in one or more counties, as the General Assembly may, from time to time, establish.
See. 2. The supreme court shall consist of five judges, a majority of whom shall be necessary to form a quorum, or to pronounce a decision. It shall have original jurisdiction in quo warranto, mandamus, habeas corpus, and procedendo, and such appellate jurisdiction as may he pro- vided by law. It shall hold at least one term in each year, at the seat of government, and such other terms, at the seat of government, or else- where, as may be provided by law. The judges of the supreme court shall be elected by the eleetors of the State at large.
Sec. 3. The State shall be divided into nine common pleas districts. of which the county of Hamilton shall constitute one, of compact territory. aud bounded by county lines; and each of said districts, consisting of three or more counties, shall be subdivided into three parts, of compart territory, bounded by county lines, and as nearly equal in population a- practicable ; in each of which, one judge of the court of common pleas for said district, and residing therein, shall be elected by the electors of said subdivision. Courts of common pleas shall be held, by one or more of these judges, in every county in the district, as often as may be pro- vided by law; and more than one court, or sitting thereof, may be hell at the same time in each district.
See. 4. The jurisdiction of the courts of common pleas, and of the judges thereof, shall be fixed by law.
Sec. 5. District courts shall be composed of the judges of the court of common pleas, of the respective districts, and one of the judges of the. supreme court, any three of whom shall he a quorum, and shall be hell in each county therein, at least once in each year; but if it shall be found inexpedient to hold such court annually, in cach county, of any distri ... the General Assembly may, for such district, provide that said court shall hold at least three annual sessions therein, in not less than three places: Provided, that the General Assembly may, by law, authorize the judges of each district to fix the times of holding the courts therein.
Sec. 6. The district court shall have like original jurisdiction with the supreme court, and such appellate jurisdiction as may be provided by law.
Sec. 7. There shall be established in each county a probate court. which shall be a court of record, open at all times, and holden by one judge, elected hy the voters of the county, who shall hold his office for the term of three years, and shall receive such compensation, payable out of the county treasury, or by fees, or both, as shall be provided by law.
Sec. 8. The probate court shall have jurisdiction in probate and testa- mentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, and such jurisdiction in habeas corpus. the issuing of marriage licenses. and for the sale of land by executors, administrators and guardians, and such other jurisdiction, in any county, or counties, as may be provided by law.
See. 9. A competent number of justices of the peace shall be elected. by the electors, in each township in the several counties. Their term of office shall be three years, and their powers and duties shall be regulated by law.
See. 10. All judges, other than those provided for in this constitution. shall be elected by the electors of the judicial district for which they may be created, but not for a longer term of office than five years.
See. 11. The judges of the supreme court shall, immediately after the first election under this constitution, be classified by lot, so that one shall hold for the term of one year, one for two years, one for three years, one for four years, and one for five years; and, at all subsequent elec- tions, the term of each of said judges shall be for five years.
See. 12. The judges of the courts of common pleas shall, while in office. reside in the district for which they are elected ; and their term of office shall be for five years.
Sec. 13. In case the office of any judge shall become vacant, before the
110
HISTORY OF VAY WERT AND MERCER COUNTIES, OHIO.
expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the Governor, until a successor is elected and qualified; and such successor shall be elected for the unexpired term, at the first annual election that occurs more than thirty days after the va- caney shall have happened.
Sec. 11. The judges of the supreme court, and of the court of common pleas, shall, at stated times, receive for their services such compensation as may be provided by law, which shall not be diminished or increased during their term of office; but they shall receive no fees or perquisites, nor hold any other office of profit or trust, under the authority of this State or the United States. All votes for either of them, for any elective office, except a judicial office, under the authority of this State, given by the General Assembly, or the people, shall be void.
Sec. 15. The General Assembly may increase or diminish the number of the judges of the supreme court, the number of the districts of the court of common pleas, the number of judges in any district, change the districts, or the subdivision thereof, or establish other courts, whenever two-thirds of the members elected to each house shall concur therein ; but no such change, addition, or diminution, shall vacate the office of any judge.
Sec. 16. There shall be elected in each county, by the electors thereof, one clerk of the court of common pleas, who shall hold his office for the term of three years, and until his successor shall be elected and quali- . fied. He shall, by virtue of his office, be clerk of all other courts of record held therein ; but the General Assembly may provide by law, for the election of a clerk, with a like term of office, for each or any other of the courts of record, and may authorize the judge of the probate court to perform the duties of clerk for his court, under such regulations as may be directed by the law. Clerks of courts shall be ren. able for such cause, and in such manner, as shall be prescribed by law.
Sec. 17. Judges may be removed from office, by concurrent resolution of both houses of the General Assembly, if two-thirds of the members elected to each house concur therein; but no such removal shall be made, except upon complaint, the substance of which shall be entered on the journal, nor until the party charged shall have had notice thereof, and an opportunity to be heard.
Sec. IS. The several judges of the supreme court, of the common pleas, and of such other courts as may be created, shall, respectively, have and exercise such power and jurisdiction, at chambers, or otherwise, as may be directed by law.
Sec. 19. The General Assembly may establish courts of conciliation, 'and prescribe their powers and duties; but such courts shall not render final judgment, in any case, except upon submission, by the parties, of the matter in dispute, and their agreement to abide such judgment.
Sec. 20. The style of all processes 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 shall conclude, "against the peace and dignity of the State of Ohio."
ARTICLE V .- ELECTIVE FRANCHISE.
Section 1. Every white male citizen of the United States, of the age of twenty-one years, who shall have been a resident of the State one year next preceding the election, and of the county, township, or ward in which he resides, such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elections.
Sec. 2. All elections shall be by ballot.
Sec. 3. Electors, during their attendance at elections, and in going to and returning therefrom, shall be privileged from arrest, in all cases, ex- cept treason, felony, and breach of the peace.
Sec. 4. The General Assembly shall have power to exclude from the privilege of voting, or of being eligible to office, any person convicted of bribery, perjury, or other infamous crime.
Sce. 5. No person in the military, naval, or marine service of the United States, shall, by being stationed in any garrison, or military or naval station, within the State, be considered a resident of this State.
Sec. 6. No idiot, or inaane person, shall be entitled to the privilege of an elector.
ARTICLE VI .- EDUCATION.
Section 1. The principal of all funds arising from the sale, or other disposition of lands or other property, granted or entrusted to the State for educational and religious purposes, shall forever be preserved invio late, and undiminished ; and the income arising therefrom, shall be faith- fully applied to the specific objects of the original grants or appropria- tions.
Sec. 2. The General Assembly shall make such provisions, by taxa- tion or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools through- out the State; bat no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this State.
ARTICLE VII .- PUBLIC INSTITUTIONS.
Section 1. Institutions for the benefit of the insane, blind, and deaf and dumb, shall always be fostered and supported by the State, and be sub- jeet to such regulations as may be prescribed by the General Assembly.
Sce. 2. The directors of the Penitentiary shall be appointed or elected in such manner as the General Assembly may direct ; and the trustees of the benevolent, and other State institutions, now elected by the Gen- eral Assembly, and of such other State institutions as may be hereafter created, shall be appointed by the Governor, by and with the advice and consent of the Senate ; and, upon all nominations made by the Governor, the question shall be taken by yeas and nays, and entered upon the journals of the Senate.
Sec. 3. The Governor shall have power to fill all vacancies that may occur in the offices aforesaid, until the next session of the General As- sembly, and until a successor to his appointee shall be confirmed and qualified.
ARTICLE VIII. - PUBLIC DEBT AND PUBLIC WORKS.
Section 1. The State may contract debts, to supply casual deficits or failures in revenues, or to meet expenses not otherwise provided for; but the aggregate amount of such debts, direct and contingent, whether con- tracted by virtue of one or more acts of the General Assembly, or at dif- ferent periods of time, shall never exceed seven hundred and fifty thousand dollars; and the money, arising from the creation of such debts, shall be applied to the purpose for which it was obtained, or to repay the debts so contracted, and to no other purpose whatever.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.