USA > Ohio > Ohio statesmen and annals of progress, from the year 1788 to the year 1900 > Part 4
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SEC. 15 The doors of each House, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the House, require secrecy. Neither House shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two Houses shall be sitting. (See Const. 1851, Art. II. §§ 13, 14.)
SEC. 16. Bills may originate in either House, but may be altered, amended, or rejected by the other. (See Coust. 1851, Art. II, § 15.)
SEC. 17. Every bill shall be read on three different days in each House, unless, in case of urgency, three-fourths of the House where such bill is so pending shall deem it expedient to dispense with this rule; and every bill having passed both Houses, shall be signed by the Speakers of their respective Houses. (See Const. 1851, Art. II, §§ 16, 17.)
SEC. 18. The style of the laws of this State shall be: "Be it enacted by the General Assembly of the State of Ohio." (See Const. 1851, Art. II, § 18.)
SEC. 19. The Legislature of this State shall not allow the following officers of government greater annual salaries than as follows, until the year one thousand eight hundred and eight, to-wit: The Governor, not more than one thousand dollars; the Judges of the Supreme Court, not more than one thousand dollars each; fhe Presi- dents of the Courts of Common Pleas, not more than eight hundred dollars each ; the Secretary of State, not more than five hundred dollars ; the Auditor of Public Accounts. not more than seven hundred and fifty dollars ; the Treasurer, not more than four hundred and fifty dollars; no member of the Legislature shall receive more than two dollars per day during his attendance on the Legislature, nor more than two dollars for every twenty-five miles he shall travel in going to, and returning from, the General Assembly.
SEC. 20. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State which shall have been created or the emoluments of which shall have been increased during such time. (See Const. 1851, Art. II, § 19.)
SEC. 21. No money shall be drawn from the treasury but in consequence of appropriations made by law. ( Sce Const. 1851, Art. II, § 22.)
ANNALS OF PROGRESS.
SEC. 22. An accurate statement of the receipts and expenditures of the pastille money shall be attached to, and published with, the laws annually
Sec. 23. The House of Representatives shall have the e le power af impasenieg. but a majority of all the members must concur in an Impeachment , all Farvel ments shall be tried by the Senate ; and when sitting for that pirper the Smmature shall be upon oath or affirmation to do justice according to law and relleno; om person shall be convicted without the concurrence of two thirds of all the Nelaimes ( See Const. 1851, Art. /1, § 3.)
SEC. 24. The Governor, and all other civil officers under this State, shall be liable to impeachment for any misdemeanor in office , but judgement in such case shall not extend further than removal from office and disqualification to h. Il any fref honor, profit, or trust under this State. The party, whether convicted er arquitid shall, nevertheless, be liable to Indictment, trial, judgment, and punishment, accord- ing to law. (See Const. 1851, Art. 11, 3 4.)
SEC. 25. The first session of the General Assembly shall commence on the Eret Tuesday of March next ; and forever after, the General Assembly shall meet on the first Monday of December in every year, and at no other period, unless directed by law or provided for by this Constitution. (See Const. 1831. Art. /7. M.)
SEc. 26. No judge of any court of law or equity, Secretary of State, Atturney General, register, clerk of any court of record, sheriff or collector, member of either House of Congress, or person holding any office under the authority of the I'nited States, or any lucrative office under the authority of this State ( provided that appolet. ments in the militia or justices of the peace shall not be considered lucrative offees shall be eligible as a candidate for, or have a seat in, the General Assembly. (See Const. 1851. _ \rt. 11, § 4.)
SEC.27. No person shall be appointed to any office within any county who shall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected, but if the county shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken.
SEC. 28. No person who heretofore hath been, or hereafter may be, a collecter or holder of public moneys, shall have a seat in either House of the General Amem- bly until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable or liable. (See Const. 1851. . Ir !. /1. 4.)
ARTICLE II.
OF THE EXECUTIVE.
SECTION 1. The supreme executive power of this State shall be vested in a Governor. (See Const. 1851, Art. 111, § 5.)
SEC. 2. The Governor shall be chosen by the electors of the members of the General Assembly, on the second Tuesday of October, at the same placesand in the same manner that they shall respectively vote for members thereof. The return of every election for Governor shall be sealed up and transmitted to the seat of govern ment by the returning officers, directed to the Speaker of the Senate, who shall open and publish them in the presence of a majority of the members of each House of the General Assembly; the person having the highest number of votes shall be Governor; but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by joint ballot of both Houses of the General Assembly. Con- tested elections for Governor shall be determined by both Hommes of the General Assembly, in such manner as shall be prescribed by law. (Ste Conle. 1535. 4.2. 111 §§ 1,3.)
SEC. 3. The first Governor shall hold his office until the first Mondar of De- cember, one thousand eight hundred and five, and until another Governor shall be elected and qualified to office ; and forever after, the Governor shall huld has et ce for the term of two years, and until another Governor shall be elected and qualified ;
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but he shall not be eligible more than six years in any term of eight years. He shall be at least thirty years of age, and have been a citizen of the United States twelve years, and an inhabitant of this State four years next preceding his election. (See Const. 1851, Art. III, § 2.)
SEC. 4. He shall, from time to time, give to the General Assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient. (See Const. 1851, Art. III, § 7.)
SEC. 5. He shall have the power to grant reprieves and pardons, after convic- tion, except in cases of impeachment. (Sec Const. 1851, Art. III, § 11.)
SEC. 6. The Governor shall, at stated times, receive for his services a compensa- tion, which shall neither be increased nor diminished during the term for which he shall have been elected. (Sce Const. 1851, Art. III, § 19.)
SEC. 7. He may require information, in writing, from the officers in the execu- tive department, upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed. (See Const. 1851, Art. III, § 6.)
SEC. 8. When any officer, the right of whose appointment is, by this Constitu- tion, vested in the General Assembly, shall, during the recess, die, or his office by any means become vacant, the Governor shall have power to fill such vacancy, by grant- ing a commission, which shall expire at the end of the next session of the Legislature.
SEC. 9. He may, on extraordinary occasions, convene the General Assembly, by proclamation, and shall state to them, when assembled, the purposes for which they shall have been convened. (See Const. 1851, Art. III, § S.)
SEC. 10. He shall be Commander-in-Chief of the army and navy of this State, `and of the militia, except when they shall be called into the service of the United States. (See Const. 1851, Art. III, § 10.)
SEC. 11. In case of disagreement between the two Houses with respect to the time of adjournment, the Governor hall have the power to adjourn the General As- sembly to such time as he thinks proper; provided it be not a period beyond the annual meeting of the Legislature. (See Const. 1851, Art. III, § 9.)
SEC. 12. In case of the death, impeachment, resignation, or removal of the Gov- ernor from office, the Speaker of the Senate shall exercise the office of Governor until he be acquitted or another Governor shall be duly qualified. In case of the impeach- ment of the Speaker of the Senate, or his death, removal from office, resignation, or absence from the State, the Speaker of the House of Representatives shall succeed to the office, and exercise the duties thereof, until a Governor shall be elected and qual- ified. (See Const. 1851, Art. III, §§ 15, 17.)
SEC. 13. No member of Congress, or person holding any office under the United States, or this State, shall execute the office of Governor. (See Const. 1851, Art. III, § 14.)
SEC. 14. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called " THE GREAT SEAL OF THE STATE OF OH10." (See Const. 1851, Art. III, § 12.)
SEC. 15. All grants and commissions shall be in the name and by the au- thority of the State of Ohio, sealed with the seal, signed by the Governor, and coun- tersigned by the Secretary. (See Const. 1851, Art. III, § 13.)
SECRETARY OF STATE.
SEC. 16. A Secretary of State shall be appointed by a joint ballot of the Senate and House of Representatives, who shall continue in office three years, if he shall so long behave himself well; he shall keep a fair register of all the official acts and pro- ceedings of the Governor ; and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before either branch of the Legislature ; and shall perform such other duties as shall be assigned him by law. (See Const. 1851, Art. III, §§ 1, 2.)
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ANNALS OF PROGRESS.
ARTICLE III.
OF THE JUDICIARY.
SECTION 1. The judicial power of this State, both as to matter of law and equity, shall be vested in a Supreme Court, In Courts of Common Pleas for each county, in Justices of the Peace, and In such other courts as the Legislature may, from time to time establish. (See Const. 1851, Art. 1\', § 1.)
SEc. 2. The Supreme Court shall consist of three Judge , any two of whom shall be a quorum. They shall have original and appellate jurisdiction, buth In common law and chancery, in such cases as shall be directed by law ; provided, that nothing herein contained shall prevent the General Assembly from adding another judge to the Supreme Court after the term of five years, In which case the judges may divide the State into two circuits, within which any two of the judges may hold a court. ( See Const. 1851, Art. 11', § 2.)
SEC. 3. The several Courts of Common Pleas shall consist of a President an ! Associate Judges. The State shall be divided, by law, into three circuits ; there shall ' be appointed in each circuit a President of the courts, who, during his continuance in office, shall reside therein. There shall be appointed in each county not more than three nor less than two Associate Judges, who, during their continuance in office. shall reside therein. The President and Associate Judges, In their respective omn- ties, any three of whom shall be a quorum, shall compose the Court of Comu on Pleas; which court shall have common law and chancery jurisdiction in all sheh cases as shall be directed by law ; provided, that nothing herein contained shall be construed to prevent the Legislature from increasing the number of circu te and Presidents alter the term of five years. (See Const. 1851, . \rt. IV. +§ 3. $. 12.)
SEC. 4. The Judges of the Supreme Court and Courts of Common Pleas shall have complete criminal jurisdiction in such cases and in such manner at may be pointed out by law. (See also Const. 1851, Art. 1V', § §.)
SEC. 5. The Court of Common Pleas in each county shall have jurisdiction f all probate and testamentary matters, granting administration, the appointment of guardians, and such other cases as shall be prescribed by law. (See Const. Isil. Art. . IV, §§ 4, 8.)
SEC. 6. The Judges of the Court of Common Pleas shall, within their respective counties, have the same powers with the Judges of the Supreme Court to issue writs of certiorari to the Justices of the Peace, and to cause their proceedings to be brought before them, and the like right and justice to be done. (See Const. 151. Art. IV, § 4.)
SEC. 7. The Judges of the Supreme Court shall, by virtue of their offres, be conservators of the peace throughout the State. The Presidents of the Courts of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective circuits ; and the Judges of the Court of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective counties.
SEC.S. The Judges of the Supreme Court, the Presidents and the Associate Judges of the Courts of Common Pleas shall be appointed by a joint ballot of both Houses of the General Assembly, and shall hold their offices for the term of seven years, if so long they behave well. The Judges of the Supreme Court and the Pre i- dents of the Courts of Common Pleas shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office ; but they shall receive no fees or perquisites of office, nur hold any other office of protit or trust under the authority of this State or the United States. (See Const. 1851. Art. 11', §§ 12. 14.)
SEC. 9. Each court shall appoint its own clerk, for the term of seven years ; but no person shall be appointed clerk, except pro tempore, who shall not produce to the court appointing him a certificate from a majority of the Judges of the Supreme Court that they judge him to be well qualified to execute the duties of the office of clerk to
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any court of the same dignity with that for which he offers himself. They shall be removable for breach of good behavior at any time by the judges of the respective courts. (See Const. 1851, Art. IV , ,§ 16.)
SEC. 10. The Supreme Court shall be held once a year in each county, and the Courts of Common Pleas shall be holden in each county at such times and places as shall be prescribed by law.
SEC. 11. A competent number of Justices of the Peace shall be elected by the qualified electors in each township in the several counties, and shall continue in office three years, whose powers and duties shall, from time to time, be regulated and de- fined by law. (See Const. 1851, Art. IV, § 9.)
SEC. 12. The style of all process 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 in- dictments shall conclude, "Against the peace and dignity of the same." (See Const. 1851, Art. IV, § 20.)
ARTICLE IV.
OF ELECTIONS AND ELECTORS.
SECTION I. In all elections, all white male inhabitants above the age of twenty- one years, having resided in the State one year next preceding the election, and who have paid or are charged with a State or county tax, shall enjoy the right of an elec- tor ; but no person shall be entitled to vote except in the county or district in which he shall actually reside at the time of the election. (See Const. 1851, Art. V, § 1.)
SEC. 2. All elections shall be by ballot. (See Const. 1851, Art. V, § 2.)
SEC. 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and re- turning from the same. (See Const. 1851, Art. V, § 3.)
SEC. 4. The Legislature shall have full power to exclude from the privilege of electing, or being elected, any person convicted of bribery, perjury or any other in- famous crime. (See Const. 1851, Art. V, § 4.)
SEC. 5. Nothing contained in this article shall be so construed as to prevent white male persons above the age of twenty-one years who are compelled to labor on the roads of their respective townships or counties, and who have resided one year in the State, from having the right of an elector. (See Const. 1851, Art. V, § 1.)
ARTICLE V.
OF THE MILITIA OFFICERS. (See. Const. 1851, Art. IX.)
SECTION 1. Captains and Subalterns in the militia shall be elected by those per- sons, in their respective company districts, subject to military duty.
SEC. 2. Majors shall be elected by the Captains and Subalterns of the battalion.
SEC. 3. Colonels shall be elected by the Majors, Captains and Subalterns of the regiment.
SEC. 4. Brigadiers-General shall be elected by the commissioned officers of their respective brigades.
SEC. 5. Majors-General and Quartermasters-General shall be appointed by joint ballot of both Houses of the Legislature.
SEC' 6. The Governor shall appoint the Adjutant-General. The Majors-Gene ral shall appoint ;their aids and 'other division staff officers. The Brigadiers-General shall appoint their Brigade Majors and [other brigade staff ;officers. The command- ing officers of regiments shall appoint their Adjutants, Quartermasters and other reg- imental staff officers; and the Captains and Subalterns shall appoint their non-com- missioned officers and musicians.
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ANNALS OFPROGRESS.
SEC. 7. The Captains and Subalterns of the artillery and cavalry shall be elected by the persons enrolled In their respective corte; and the Melere end Colonels shall be appointed In such inanner as shall be directed by law. The Colonels shalt appoint their regimental statt ; and the Captains and Schafterns their non commissioned officers and musicians.
ARTICLE VI.
OF CIVIL OFFICERS.
SECTION 1. There shall be elected in each county one sheriff and one moreder by the citizens thereof who are qualified to vote for members of the As crelity; they shall be elected at the time and place of holding elections for members of Assembly they shall continue in.office two years, if they shall so long bebase well, att or til successors be chosen and duly qualified ; provided, that no person >hall be clFelble us sheriff for a longer term than four years in any term of six years. (Sre Comat. 1-51. Art. \, §§ 1-3.)
SEC. 2. The State Treasurer and Auditor shall be triennmelly appointed by a joint ballot of both Houses of the Legislature.
SEC. 3. All town and township officers shall be chosen annually by the inbald- tants thereof duly qualified to vote for members of Assembly, at such time and place as may be directed by law. ( Sec Const. 1851, Art. \. § 1.)
SEC. 4. The appointment of all civil officers not otherwise directed by this Can- stitution, shall be made in such manner as may be directed by law.
ARTICLE VIL.
OFFICIAL OATHIS.
SECTION 1. Every person who shall be chosen or appointed to any office of trust or profit under the authority of this State, shall, before the entering on the exe- cution thereof, take an oath or affirmation to support the Constitution of the United States and of this State, and also an oath of office. (See Const. 1951. Art. VI. ..
BRIBERY AT ELECTIONS.
SEC. 2. Any elector who shall receive any gift or reward for his vote, in mieat. drink, money, or otherwise, shall suffer such punishment as the law shall direet. and any person who shall. directly or indirectly, give, promise, or bestow any such re- ward to be elected, shall thereby be rendered Incapable for two years to serve in the office for which he was elected, and be subject to such other punishment as shall be directed by law.
OF NEW COUNTIES.
SEC. 3. No new county shall be established by the General Assembly which shall reduce the county or counties, or either of them, from which it shall be taken to less contents than four hundred square miles ; nor shall any county be laid off uf les contents. Every new county, as to the right of suffrage and representation, shall be considered as a part of the county or counties from which it was taken until entitled by numbers tothe right of representation. ( See Const. 1851, Art. 11, 30 )
OF THE SEAT OF GOVERNMENT.
SEC. 4. Chillicothe shall be the seat of government until the year one thonderd eight hundred and eight. No money shall be raised until the year one thousand eight hundred and nine by the Legislature of this State for, the purpose of erecting public buildings for the accommodation of the Legislature. See Cpal? 1851, Art. \'V', § 1.)
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OF AMENDMENTS TO THE CONSTITUTION.
SEC. 5. That after the year one thousand eight hundred and six, whenever two- thirds of the General Assembly shall think it necessary to amend or change this Con- stitution, they shall recommend to the electors, at the next election for members to the General Assembly, to vote for or against a convention; and if it shall appear that a majority of the citizens of the State voting for Representative have voted for a convention, the General Assembly shall, at their next session call a con- vention, to consist of as many members as there be in the General Assembly, to be chosen in the same manner, at the same place, and by the same electors that choose the General Assembly ; who shall meet within three months after the said election, for the purpose of revising, amending, or changing the Constitution. But no altera- tion of this Constitution shall ever take place so as to introduce Slavery or involun- tary servitude into this State. (See Const. 1851, Art. XVI, § 2.)
BOUNDARIES OF THE STATE.
SEC. 6. That the limits and boundaries of this State be ascertained, it is declared that they are as hereafter mentioned; that is to say : bounded on the east by the Pennsylvania line; on the south by the Ohio river to the mouth of the Great Miami river ; on the west by the line drawn due north from the mouth of the Great Miami aforesaid; and on the north by an east and west line drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north line afore- said from the mouth of the Great Miami, until it shall intersect Lake Erie or the territorial line, and thence with the same, through Lake Erie, to the Pennsylvania line aforesaid ; provided always, and it is hereby fully understood and declared by this convention, that if the southerly bend or extreme of Lake Michigan should ex- tend so far south that a line drawn due east from it should not intersect Lake Erie, or if it should intersect the said Lake Erie east of the mouth of the Miami river of the lake, then and in that case, with the assent of the Congress of the United States, the northern boundary of this State shall be established by, and extend to, a direct line running from the southern extremity of Lake Michigan to the most northerly cape of the Miami bay, after intersecting the due north line from the mouth of the Great Miami river as aforesaid, thence northeast to the territorial line, and by the said terri- torial line to the Pennsylvania line.
ARTICLE VIII. BILL OF RIGHTS.
That the general, great and essential principles of liberty and free government may be recognized and forever unalterably established, we declare-
SECTION 1. That all men are born equally free and independent, and have cer- tain natural inherent and unalienable rights, amongst which are the enjoying and de- fending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety ; and every free republican government being founded on their sole authority, and organized for the great purpose of protecting their rights and liberties, and securing their independence-to effect these ends, they have at all times a complete power to alter, reform or abolish their government whenever they may deem it necessary. (See Const. 1851, Art. 1, §§ 1, 2.)
SEC 2. There shall be neither Slavery nor involuntary servitude in this State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted ; nor shall any male person arrived at the age of twenty-one years or fe- male person arrived at the age of eighteen years, be held to serve any person as a servant, under the pretense of indenture or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration received, or to be received for their service, except as before ex- cepted. Nor shall any indenture of any negro or mulatto hereafter made and exe-
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cuted out of the State, or, if made In the State where the term of service esrerdi ese year, be of the least validity, except those given in the case of apprenticeship. Sie Const. 1851, Art. 1, 6 G.)
Sec. 3. That allmen have a natural and Indefeasible right to worship Almighty God according to the dictates of conscience; that no human authority can, in war case whatever, control or interfere with the rights of conscience, that no men shall be compelled to attend, erect, or support any place of worship or to maintain any ministry against his consent ; and that no preference shall ever be given by law to any religious society or mode of worship, and no religious test shall be required! as a qualification to any office of trust or profit. But religion, morality and knowledge being essentially necessary to good government and the happiness of mankind, schools and the means of instruction shall forever be encouraged by legislative provision not inconsistent with the rights of conscience. (See Const. 1531. . Irt. I. .. )
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