Ohio statesmen and annals of progress, from the year 1788 to the year 1900, Part 31

Author: Taylor, William Alexander, 1837-1912; Taylor, Aubrey Clarence, 1875-1898
Publication date: 1899
Publisher: Columbus, Ohio, Press of the Westbote Co.
Number of Pages: 472


USA > Ohio > Ohio statesmen and annals of progress, from the year 1788 to the year 1900 > Part 31


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


46


Tiffin, Edward, elected United States Senator. 50


59


Toledo war. . 167


69


Township and local affairs


177


Traffic between the East and West


137. 150


Trimble, William A., elected United States Senator


93


Trimble, William A., United States Senator, deceased


109


Trumbull county erected, etc . 20. 243


Turnpikes 87, 153, 212


Tuscarawas county, etc.


54, 243


U


Union county erected, etc 97, 243


United States bank. 91, 94, 95, 96, 106, 107, 108, 112, 162, 166, 168, 171


United States Senators appointed 59, 195


United States Senators deceased 195


United States Senators elected . . 36, 50, 57, 60, 68, 74 80, 93, 105, 106, 107, 10S, 121,


129, 134, 159, 181, 207, 215, 232, 239, 240


United States Senators-To 1810 64


To 1820 103


To 1830 146


To 1840 195


To 1851 255


United States Senators resigned 49. 59, 78, 134, 195


In 1850


Territorial Treasurer resigned


Tiffin, Edward, resigned as United States Senator


Towns and villages, incorporation of .


ANNALS OF PROGRAMA 267


V


Vance, Joseph, elected Governor Van Wert county erected, etc Vinton county crected, etc.


W


Wade, Benjamin F., elected United States Senatur Warren county erected, etc Washington county erected, etc .......


Wayne county erected, etc


Weights and measures Williams county erected, etc.


Wolves, bounty for scalps


Wood county erected, etc


Wood, Reuben, elected Governor.


Word " White"


Worthington, Thomas, elected United States Senator


Worthington, Thomas, resigned as United States Senator Worthington, Thomas, elected Governor


Wyandot county erected, etc


Z


Zanesville, temporay State capital. Zanesville and Maysville turnpike


OHIO STATESMEN


AND


ANNALS OF PROGRESS,


FROM


The Year 1788 to the Year 1900.


IN TWO VOLUMES.


VOLUME II.


By WILLIAM A. TAYLOR AUBREY C. TAYLOR, Collaborateur


COLUMBUS, OHIO PRESS OF THE WESTBOTE CO., STATE PRINTERS


WILLIAM G. DESHLER,


The author embraces the opportunity to acknowledge his in- debredness to MR. WILLIAM G. DESHLER, who for half a cen- tury has been closely identified with the State Benevolences and other public affairs of the State, for his valuable suggestions as to the preparation of the matter herein, and his words of encourage- ment during the necessarily tedious and laborious preparation of the same.


COPYRIGHTED 1898 BY WILLIAM A. TAYLOR.


PART I. VOL IL


The Second Constitution


There was a practical revolution in the Corerascstal actinos le cro -ok the adoption of the Second Constitution Pursuant to the coaliling và .f-cos acts of the Forty eighth General Assembly, the pirripie at so deerics 19 Fios rime the following delegates to a Constitutional Conseafinni


CONSTITUTIONAL CONVENTION, DARU.


OFFICER ..


President-WILLIAM MEDILL.


Secretary-W. H. Git.t ..


Assistant Secretary-W. S. V. PRENTI -.


Assistant Secretary-DAVID HI. MORTLEY.


Reporter-J. V. SMIIII.


Assistant Reporter-HENRY REED.


Sergeant-at- Arms-JOHN W. CARROLION.


Sergeant-at-Arms-11. OKEY.


Doorkeeper-JAMES ARNOLD.


A. G. Brown


Ath.


Peter Hitcheck


John J. Hootman


Ash.


William Lawrence


J McCormick


Ad


Robert Leech


George Collings


Ad.


Simcon Nash


Sabirt Scott


Aug.


F Case


William Sawyer


Aug.


John Ewing


E. B Woodbury


Asht.


Joseph M. Farr


Hwe


B. B. Hunter


Asht


W. S. Grocake k


John II. Blair


Br.


G. W. Holmes


lames Loudon


Br.


Dan J. Jones


William Kennon.


Bel.


Charles Ree melin


Daniel Peck.


Bel.


A. N. Riddle


James B. King


But.


E. C. Roll


Elijah Vance.


But.


James Struble


S. J. Andrews Cuy.


D) P. Leadbetter


Reuben Hitchcock Cuy.


Samuel Morche !


Van Brown


Car.


Josiah Scott


H.


Henry H. Gregg.


Col.


Thomas Patterson


High


Samuel Quigley Col.


John A. Smith


.High


John Johnston.


L'os.


Albert V. Stebbins


इन्ते.


Samson Mason


Ck.


D). D. T. Hard


JAPk


S. F. Norris


Cler.


John Sellers


KV.


Isaiah Morris


Clin.


1 .. Case


Jacob J. Green.


D)cf.


HI S. Manon


W. M. Warren.


Del.


11. D. Clark


James W. Taylor


Fr.


Norton S. Townshen !


John Graham


Frk.


HI. N. Gillett


J. R. Swan


Frk.


11. C Gray


Henry Stanbery


Frk.


John F. Hunt


William Medill.


Fair.


Benjamin Stanton


Daniel A. Robertson


Fair.


Edwarit Archbold


M


John Chaney


Fair.


Thomas A War


A. Harlan


Gre


William Barlee


Joseph Vance. Cham.


M. 11. Mitchell


Richard W. Cahill


Cr.


W'in. S. Bates


4


OHIO STATESMEN.


G. Volney Dorsey


. Mi.


Wm. S. C. Otis Sum.


Joseph Barnett.


Mont.


L. Swift. Sum.


George B. Holt


Mont.


E. T. Stickney Sen.


David Chambers .. Musk.


Herman Stidger Stk.


Richard Stilwell.


Musk.


Joseph Thompson Stk.


Robert Forbes


Mah.


H. Thompson .Shl.


William Hawkins


Morg.


Alden I. Bennett . Tus.


V. B. Horton.


Mgs.


Jacob Blickensderfer


Tus.


S. Humphreyville


Med.


Jacob Perkins.


Trum.


Charles McCloud


Mad.


R. P. Ranney .


Trum.


David Barnet


. Pre.


Otway Curry


Un.


Thomas J. Larsh.


Pre.


C. S. Hamilton .


Un.


Friend Cook


Port.


Thomas W. Ewart


Was.


Elias Florence.


Pck.


William P. Cutler


Was.


John Lidey


Per.


John Larwill Way.


John L. Green


Rs.


E. Wilson


Way.


James T. Worthington.


Rs.


Leander Firestone.


Way.


Wesley Claypool.


Rs.


G. J. Smith.


War.


James P. Henderson


Rch.


Milton J. Williams War.


S. J. Kirkwood


Rch.


B. P. Smith


. Wyt.


C. J. Orton


Sky.


This body of men met in the hall of the House of Representatives on Monday, the sixth day of May, 1850, and organized as above, and began their deliberations. Two sessions of the convention were held, the first continued until the ninth day of July, when it met to reassemble at Cincinnati on Monday, December 2, 1850. The selection of a second place of meeting was for the reason that the Legislature would be in session at the date of the second reassembling, and it was desirable that the convention should reassemble elsewhere than at the State capital under the cir- cumstances.


The second session continued until the tenth day of March, 1851, when the Con- stitution was adopted as a whole. The following was the Constitution framed by the delegates, and afterward ratified by the people, with the amendments subsequently adopted and incorporated therein, and as it stands at the end of the century :


THE SECOND CONSTITUTION AND SUBSEQUENT AMENDMENTS.


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.


ARTICLE I.


BILL OF RIGHTS.


SECTION 1. All men are, by nature, free and independent, and have certain in- alienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking 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 necessary ; 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 Representatives, 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 subordination to the civil power.


5


ANNALS OF FROREDE


Sec. 5. The right of trial by forestal be invialate


SEC. 6. There shall be no slavery in this State sur Conolareasy opentake drie for the punishment of crime.


SEC 7. All men have a natural and Infeirasthe right to verslag Almighty Gel according to the dictates of their own consciende. No perom dall In cupeiland la attend, erect, or support any place of worship, or insistain any lors - -- against his consent ; and no preference shall be given, by law, to toi toiles by nor shall any interference with the rights of cotarience In permis -gs test shall be required as a qualification for ofic, nor shall any persas le jeunepress to be a witness on account of his religious belief ; but nothing harmio xbox lo ros- strued to dispense with oaths and affirmations, Rellene, morality, and &vostider however, being essential to good government, it shall be the duty of the times Assembly to pass suitable laws to protect every religious desamisting is the press- able enjoyment of its own mode of public worship, and the emmarage whustr ind die means of instruction.


SEC. S The privilege of the writ of habeas corpus shall not be surpmodad, umlmes. in cases of rebellion or invasion, the public safety require it


Sec. y. All persons shall be bailable by sufficient saretire, cund lar capital offences where the proof is evident of the presumption geret. Exwere tail shall not be required ; nor excessive fines imposed ; nor eruel anif animal polskieants in. flicted.


SEC. 10. Except in cases of impeachment, and cases arising in Um army and navy, or in the militia when in actual service in time of war or putlis danger, and ie cases of petit larceny and other inferior offences, no person shall be lof in enoses for a capital, or otherwise infamous, crime, unless on presentiment or indicimen of a grand jury. In any trial, in any court, the party accused shall le slide ed to appear and defend in person and with counsel. to demand the nature and cause of the acor sation against him, and to have a copy thereof; to meet the withpops face to face. and to have compulsory process to procure the attendance of witnesses in his totais. 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 pumpedled, IN Any criminal case, to be a witness against himself, or be twice put in frogardy for the same offence.


SEC. 11. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of the right , and no law shall le period bi restrain or abridge the liberty of speech, or of the press. In all criminal presemules for libel, the truth may be given in evidence to the jury, and if it shall apysar th the jury that the matter charged as libelous is true, and was published with pol mulive, and for justifiable ends, the party shall be acquitted.


SEC. 12. No person shall be transported out of the State for any ntfosse dos- mitted within the same; and no conviction shall work corruption al blot or for- feiture of estate.


SEC. 13. No soldier shall. in time of peace, be quartered in anr house witbed the consent of the owner ; nor, in time of war, except in the manner prescribed ly law.


SEC. 14. The right of the people to be secure in their persons, bours, papers, . and possessions, against unreasonable searches and seizures, shall nut be thelated ; and no warrant shall issue, but upon probable cause, supported by nath ir alfr ation, particularly describing the place to be searched and the person and tobigy to be seized.


SEC. 15. No person shall be imprisoned for debt in any civil action, er poure de final process, unless in cases of fraud.


SEC. 16. All courts shall be open, and every person, for an indurv dume hom in his land, goods, person, or reputation, shall have remedy br due cours of law) and justice administered without denial or delay.


IS H. Y. B.


6


OHIO STATESMEN.


SEC. 17. No hereditary emoluments, honors, or privileges. shall ever be granted or conferred by this State.


SEC. IS. 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 exigency, 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 compensation thereof shall first be made in money, or first secured by a deposit of money, and such compensation shall be assessed by a jury, without deduc- tion for benefits to any property of the owner.


SEC. 20. This enumeration of rights shall not be construed to impair or deny others restrained by the people ; and all powers not herein delegated remain with the people.


ARTICLE II.


LEGISLATIVE.


SECTION I. The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives.


SEC. 2. Senators and Representatives shall be elected biennially by the electors of the respective counties or districts, on the first Tuesday after the first Monday in November ; their term of office shall commence on the first day of January next there- after, and continue two years. [As amended October 13, ISS5 ; S2 v. 446.]


SEC. 3. Senators and Representatives shall have resided in their respective 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, justice of the peace, notaries public, 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 dis- tribution or otherwise, have a seat in the General Assembly until he shall have ac- counted for and paid such money into the treasury.


SEC. 6. Each House shall be judge of the election, returns, and qualifications 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 shail be prescribed by law.


SEC. 7. The mode of organizing the House of Representatives at the commence- ment of each regular session shall be prescribed by law.


SEC. 8. Each House, except as otherwise provided by this Constitution, shall choose its own officers, may determine its own rules of proceeding, punish its mem- bers 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 veas 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 thereto.


Src. 10. Any member of either House shall have the right to protest against uny act or resolution thereof ; and such protest, and the reason thereof, shall, without alteration, commitment, or delay, be entered upon the Journal.


ANNALS OF PROGKESL


SEC. 11. All vacancies which may happen in either House shall for the ek pired term, be filled by election, as shall be dire ted by law


SEC. 12. Senators and Representatives, during the smallne - The (, emmes) Assembly, and in going to and returning from the same, sbatt be printingmi from an rest in all enses except treason felony, or breach of the peine, and fm soy .perh . debate, in either House, they shall not be questionei elsewhere


SEC. 13. The proceedings of both Houses shall be publis cuppy is sau was, in the opinion of two thirds of those present, require secrecy,


SEC. 14. Nelther House shall, without the consent if the ather, adjmore In more than two days, Sundays excluded ; nor to any other plume thần thư in wild the two Houses shall be In session.


SEC. 15. Bills may orlginate in either House, but no te allered, komodo)- rejected in the other.


SEC. 16. Every bill shall be fully and distinctly read! a three different iMye unless, in case of urgency, three-fourths of the House in which it shall be pudding shall dispense with this rule. No bill shall contain more than we sutreat, which shall be clearly expressed in its title, and no law shall le revival ne amended belen the new act contain the entire act revived, or the section or tretiune ame ded. es the section or sections so amended shall be repealed.


SEC. 17. The presiding officer of cach House shall sigo publicly, in the prommee of the House over which he presides, while the same is In omaten, and results of transacting business, all bills and joint resolutions paksei bis the General Almeidy


SEC. IS. The style of the laws of this State shall be. " eral Assembly of the State of Ohio."


SEC. 19. No Senator or Representative shall, during the teris for - Rich Se oal have been elected, or for one year thereafter, be appointed to any uvi offie vader this State which shall be created or the emoluments of which shall have Men In creased during the term for which he shall have been elected


SEC. 20. The General Assembly, in cases not provided for in tor Crestitutie. shall fix the term of office and the compensation of all officers ; but nochange there in shall effect the salary of any officer during his existing term, unless the offre le abolished.


SEC. 21. The General Assembly shall determine, by law. before what auth-Ity and in what manner the trial of contested elections shall be conducted


SEC. 22. No money shall be drawn from the treasury, except in portasse af specific appropriation made by law ; and no appropriation shall be made for a finger period than two years.


SEC. 23. The House of Representatives shall have the sole poner el impeach ment, but a majority of the members elected must concur therein. Impeschimese shall be tried by the Senate ; and the Senators, when sitting fir that purgens, alial be upon oath or affirmation to do justice according to law and evidence. Na perlas shall be convicted without the concurrence of two thirds of the Seastere


SEC. 24. The Governor. Judges, and all State officers may be imprather ale misdemeanor in office ; but judgment shall i ot extend further than remmeral Indes office, and disqualification to hold any office under the authority et this state Ter party impeached, whether convicted or not, shall be hable ta inalcunans, trial kod judgment. according to law.


SEC. 25. All regular sessions of the General Apenale chill roce the first Monday of January, biennially.


SEC. 26. All laws of a general nature shall have a uniform operations Braucht the State; nor shall any act, except such as relates to plitude schieds le peued in take effect upon the approval of any other authority than the General Asumliv, .t- cept as otherwise provided in this Constitution


SEC. 27. The election and appointment of all officers, and the Ollung uf all va cancies not otherwise provided for by this Constitution, er the Constitution of The United States, shall be made in such manner As may Le dire ted by law bal om af-


8


OHIO STATESMEN.


pointing power shall be exercised by the General Assembly except as prescribed in this Constitution, and in the election of the 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, or 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 mani- fest intention of parties and officers, by curing omissions, defects and errors in instru- ments 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 pre-existing 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 divisisons shall approve of the law passed for that purpose ; but no town or city within the same shall be di- vided, 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 I. The executive department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor of State, Treasurer of State and an Attorney General, who shall be elected on the first Tuesday after the first Monday in Novem- ber, by the electors of the State, and at the places of voting for members of the Gen- eral Assembly. [As amended October 13, 1885; S2 v. 446.]


SRC. 2. The Governor, Lieutenant Governor, Secretary of State, Treasurer, 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 return- ing 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 ma- jority of the members 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 January 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.


ANNALS OF PHOOKK


Sec. 6. He may require information, In writing, from ska os ens in ile fois tive Department, upon any subject relating to the duties af their rivestite offers and shall see that the laws are faithfully crecated


SEC. 7. He shall communicate, at every ommilan af message hoffe frevcci . sembly the condition of the State, and reamitend turk mengres so lor dudl de expedient.


SRC. S. He may, on extraordinary pocasinns crvene the Ongerdi Anesafp ce proclamation, and shall state to both Houses, when somble ila perce bar atos they have been convened.


SEC. 9. In case of n di agreement between the two Hours is respect to the of adjournment, he shall have power ty aljquen the General Ammnuly is sus Tres as he may think proper, but not beyond the : galar racetikes leeren!


SEC. to. He shall be Commander In Chief of the military and murad Corons de Khue State, except when they shall be called into the services of the Inated Squand


SEC. 11. He shall have power, after conviction, to grant mepresse te- tions, and pardons, for all crimes and offences, except tressos anit rooms of irepeude ment, upon such conditions as he may think proper, anh ect kever to jech (eg-a. tions, as to the manner of applying for pardone, ax muy be prescribed by be U'yes conviction for treason, he may suspend the eve ution of the Manismen and rejest fine case to the General Assembly, at its next meeting, which le Grozral Anmisty all either pardon, commute the sentence, direct Its execution, um rallt a Tersbes prosimys. He shall communicate to the General Assembly. at evers regular una-no-b of reprieve, commutation, or pardon granted, tatin ; the name and prime of ihr boo vict, the sentence, its date, and the date of the computation. pardes ar Mprirse with his reasons therefor.


SEC. 12. There shall be a seal of the State, which xball Se kept by the Crimeromy, and used by him officially ; and shall be called " The Great Salaf the Stair se Olan"




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