USA > Ohio > Ohio statesmen and annals of progress, from the year 1788 to the year 1900 > Part 5
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SEC. 4. Private property ought, and shall ever be held invlolate, but always enb. servient to the public welfare, provided a compensation In money be made to the owner. (See Const. 1851, Art. 1, § 19, and notes.)
SEC. 5. That the people shall be secure in their persons, houses, papers and pe- sessions from unwarrantable searches and seizures and that general warrants, whereby an officer may be commanded to search suspected places without probable evidence of the fact committed, or to seize any person or persons not named whose offen es are not particularly described, and without oath or affirmation, are dangerous to liberty, and shall not be granted. (See Const. 1851, Art. I. § 14.)
Suc. 6. That the printing presses shall be open and free to every citizen who wishes to examine the proceedings of any branch of government, or the conduct of any public officer ; and no law shall ever restrain the right thereof. Every citizen has an indisputable right to speak, write or print upon any subject as he thinks proper, being liable for the abuse of that liberty. In prosecutions for any publica- tion respecting the official conduct of men in a public capacity or where the matter published is proper for public information the truth thereof may always be given in evidence ; and in all indictments for libels the jury shall have the right to determine the law and the facts under the direction of the court, as in other cases. (See Cons !. 1851, Art. I, § 11.)
SEC. 7. That all courts shall be open, and every person, for an Injury donc him in his lands, goods, person or reputation, shall have remedy by the due course of law, and right and justice administered without denial or delay. (See Const. 1911, Art. I. § 1C.)
SEC. S. That the right of trial by jury shall be inviolate. ( See Const. 1351. . \rt. 1,§5.)
Sec. 9. That no power of suspending laws shall be exercised, unless by the Leg. islature. (Sec Const. 1851, Art. 1, § 18.)
SEC. 10. That no person arrested or confined in jail shall be treated with un. necessary rigor or be put to answer any criminal charge but by presentment, indict ment or impeachment. (See Const. 1851, Art. 1. § 10.)
SEC. 11. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him and to have a copy thereof ; to meet the witnesses face to face ; to have compul- sory process for obtaining witnesses in his favor ; and in prosecutions by indictment or presentment a speedy public trial by an impartial jury of the county or district in which the offence shall have been committed; and shall not be compelled to give evidence against himself, nor shall he he twice put in jeopardy for the same offence. (Sec Const. 1851, Art. I, § 10.)
SEC. 12. That all persons shall be bailable by sufficient sureties, unless for capi - tal offences where the proof is evident or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended, unless, when in case of rebellion or invasion, the public safety may require it. (See Const. 1831, Art. 7. 99 S. P.)
32
OHIO STATESMEN.
SEC. 13. Excessive bail shall not be required; excessive fines shall not be im- posed ; nor cruel and unusual punishments inflicted. (See Const. 1851, Art. I, § 9.)
SEC. 14. All penalties shall be proportioned to the nature of the offence. No wise Legislature will affix the same punishment to the crimes of theft, forgery and the like, which they do to those of murder and treason. When the same undistin- guished severity is exerted against all offenses, the people are led to forget the real distinction in the crimes themselves, and do commit the most flagrant with as little compunction as they do the slightest offences. For the same reasons, a multitude of sanguinary laws are both impolitic and unjust; the true design of all punishments being to reform, not to exterminate, mankind.
SKC. 15. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law. (Sec Const. 1851, Art. 1, § 15 )
SEC. 16. No ex post facto law, nor any law impairing the validity of contracts, shall ever be made ; and no conviction shall work corruption of blood or forfeiture of estate. (See Const. 1851, Art. II, § 28. )
Sec. 17. That no person shall be liable to be transported out of this State for any offence committed within the state. (See Const. 1851, Art. 1, § 12.)
SEC. IS. That a frequent recurrence to the fundamental principles of civil gov- rnment is absolutely necessary to preserve the blessings of liberty.
SEC. 19 That the people have a right to assemble together in a peaceable man- ner to consult for their common good, to instruct their Representatives, and to apply to the Legislature for a redress of grievances. (See Const. 1851, Art. I, § 3.)
SEC. 20. That the people have a right to bear arms for the defence of themselves and the State ; and as standing armies in time of peace are dangerous to liberty, they shall not be kept up; and that the military shall be kept under strict subordination to the civil power. (See Const. 1851, Art. I, § 4.)
SEC. 21. That no person in this State, except such as are employed in the army or navy of the United States, or militia in actual service, shall be subject to corporal punishment under the military law.
St.c. 22. That no soldier, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in the manner prescribed by law. ( See Const. 1851, Art. 1, § 13.)
SEC 23 That the levying taxes by the poll is grievous and oppressive ; therefore the Legislature shall never levy a poll tax for county or State purposes. (See Const. 1851, Art. XII, § 1.)
SEC. 24. That no hereditary emoluments, privilegesor honors shall ever be granted or conferred by this State. ( See Const. 1851, Art. 1, § 17.)
Snc. 25. That no law shall be passed to prevent the poor in the several counties and townships within this State from an equal participation in the schools, academies, colleges and universities within this State which are endowed, in whole or in part, from the revenue arising from donations made by the United States for the support of schools and colleges; and the doors of the said schools, academies and universities shall be open for the reception of scholars, students and teachers of every grade without any distinction or preference whatever contrary to the intent for which said donations were made.
SEc. 26. That laws shall be passed by the Legislature which shall secure to each und every denomination of religious societies In each surveyed township which now is or may hereafter be formed in the State, an equal participation, according to their number of adherents, of the profits arising from the land granted by Congress for the support of religion, agreeably to the Ordinance or act of Congress making the appropriation.
Sec. 27. That every association of persons, when regularly formed, within this State, and having given themselves a name, may, on application to the Legislature.
33
ANNALS OF PROGRESS.
be entitled to receive letters of incorpor tion, to enable them to bibl eitates real and personal, for the support of their schools, academies, colleges. universities and ler other purposes.
Sec. 25. To guard against the transgression of the bigh pewere nhMs .. .... delegated, we declare that all powers not hereby delegated renale with the people. ( See Const. 1851, Art. 1.000)
SCHEDULE.
SECTION 1. That no evils or inconvenience, may arle from the change ' . Territorial Government to a permanent State Government, it le declared by this am. vention that all rights, suits, actions, prosecutions, claims and contracts, bah al it respects individuals and bodies corporate, shall continue as if no change Fait takes place in this government. (See Const. 1851, 5 krd . § 1.)
SEC. 2. All fines, penalties and forfeitures due and owing to the Territory of the United States northwest of the river Ohio, shall inure to the use of the State All bonds executed to the Governor, or any other officer in hi official capacity in the territory, shall pass over to the Governor or the other officer of the State, an! tirir successors in office, for the use of the State, or by him or them to be respectively assigned over to the use of those concerned, as the case may be.
SEC. 3. The Governor, Secretary and Judges, and all other officers under the Territorial Governinent, shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this Con stitution. ( See Const. 1851, Sched .. § 10.)
SEC. 4. All laws and parts of laws now in force in this Territory, not inconsistent with this Constitution, shall continue and remain in full effect until repealed by the Legislature, except so much of the act entitled "An net regulating the admission and practice of attorneys and counselors-at- law,' and of the act made amendatory therete. as relates to the terin of time which the applicant shall have studied law, his resi dence within the Territory, and the term of time which he shall have practiced as an attorney-at-law before he can be admitted to the degree of a counselor-at law. Sie Const. 1851. Sched., § 1.)
SEC. 5. The Governor of the State shall make use of his private seal until a State seal be procured.
SEC. 6. The President of the convention shall issue writs of election to the sheriffs of the several counties, requiring them to proceed to the election of a Gove ?- nor, members of the General Assembly, sheriffs and coroner-, at the respective eles- tion districts in each county, on the second Tuesday of January next ; which election shall be conducted in the manner prescribed by the existing election laws of this Ter - ritory : and the members of the General Assembly then elected shall continue to exercise the duties of their respective offices until the next annual or biennial election thereafter, as prescribed in this Constitution, and no longer
SEC. 7. Until the first enumeration shall be made, as directed in the second sec- tion of the first article of this Constitution, the County of Hamilton shall be entitle ! to four Senators and eight Representatives ; the County of Clermont, one Senatur and two Representatives : the County of Adams, one Senator and three Representative; the County of Ross, two Senators and four Representatives ; the County of Fairfiel !. one Senator and two Representatives: the County of Washington, two Senators and three Representatives ; the County of Belmont, one Senator and two Representatives the County of Jefferson, two Senators and four Representatives and the County of Trumbull, one Senator and two Representatives.
Done in convention, at Chillicothe, the twenty-ninth day of November, in the year of our Lord iSo2, and of the independence of the United States of America the twenty-seventh.
3 H. Y. 11.
34
OHIO STATESMEN.
Under this Constitution the State emerged from its Territorial stage and began its career.
The population of the State in 1803 was estimated at 47,9S1.
The total taxable values were placed at $3,100,000 on 7,069,629 taxable acres of land.
The total revenues from taxation were $22,331.06.
The first Legislature convened in March 1803.
The Governor, upon the adoption of the Constitution, was the only elective State officer, the others being appointive by the Legislature, and their salaries were limited as follows up to 1Sos : Governor not to exceed $1,000; Judges of the Supreme Court not to exceed $1,000 each ; Presidents of the Court of Common Pleas not to exceed $Soo each; Secretary of State not to exceed $500; Auditor of State not to exceed $750; Treasurer of State not to exceed $450 and members of the Legislature not to exceed $2 a day during attendance on the Legislature, nor more than $2 for each mile of travel going to and returning from the Legislature.
The official terms were limited as follows : Governor, two years and not eligible more than four years in six ; Secretary of State, three years : State Treasurer, three years ; State Auditor, three years ; Supreme, President and Associate Judges, seven years each.
Senators were elected biennially and Representatives annually. The General Assembly met annually on the first Monday in December.
The General Assemblies under this Constitution with a summary of the salient points of their proceedings follow the county abbreviations.
ABBREVIATION OF COUNTIES.
Adams
.Ad.
Hamilton
llam.
Muskingum
Musk.
Allen
Al.
Hancock
Han.
Noble.
Nhle.
Ashland
Ash.
Hardin
Har.
Ottawa
Ott.
Ashtabula
Asht.
Harrison
Hsn.
Paulding
Pau.
Athens.
Ath.
Henry
llen.
Perry
Per.
Auglaize
Aug.
Highland
ligh
Pickaway
Pck.
Belinont
Bel.
locking.
llock.
Pike
Pke.
Brown
Br.
Holmes
Hlols.
Portage
Port.
Butler
But.
Huron
Hur.
Preble
Pre.
Carroll
Car.
Jackson .
Jack.
Putnam
Put.
Champaign
Cham.
Jefferson
Jeiľ.
Richland
Rclı.
Clark .
Ck.
Knox
Kx.
Ross
Rs.
Clermont
Cler.
Lake
Lke.
Sandusky
Skv.
Clinton
Clin.
Lawrence
Inw.
Scioto.
Sci.
Columbian
. . Col
Licking
Lick.
Seneca
Sen.
Coshocton
Cos
Logan
Log.
Shelby
Shl.
Crawford
Cr.
Lorain
Lor.
Stark
Stk.
Cuyahoga
Cuv.
Lucas.
Luc.
Summit
Sum.
Darke
Dk.
Madison
Mad.
Trumbull
Trum.
Defiance
Del.
Mnhoning
Mah,
Tuscarawas
.Tus.
Delaware
Del.
Eric
Er.
Medina
Med.
Van Wert.
V. W.
Falrfield
Fair.
Meigs
Mgs.
Vinton
Vin.
Fayette
Mercer
Mer.
Warren
War.
Franklin
Frk.
Miami
Mi.
Washington
Was.
Fulton
Ful.
Monroe
Mon
Wayne
Way.
Gallla
t,al.
Montgomery
Mont.
Williams
W'ms.
Grauga
Gea
Morgan
Morg.
Wood.
. Wd.
Greene
Gre.
Morrow
Morr.
Wyandot .
..
..
Gsy
Marion
Mar.
Union.
35
ANNALS OF PROGRESS.
OFFICIAL DIRECTORY, 1803.
Governor-EDWARD TIFFIN.
Secretary of State-WM. CREIGHTON, JR.
Treasurer of State-W's. MCFARLAND.
Auditor of State-THOMAS GIBSON.
Supreme Judges-RETURN JONATHAN MEIGS, JR., SAMUEL HINTINGIOS MIT LIAM SPRIGG.
Adjutant General-CORNELIUS R. SEDAN.
FIRST LEGISLATIVE SESSION, 1SO3 Met March 1. 1803. Adjourned April 16. 1800. SENAIE.
MASSIE, NATHANIEL, Speaker.
SCHENCK. W.M. C. Clark,
SHERLOCK, EDWARD, Dc orkeeper.
The first Senate met at 10 A. M., March i, at the town of Chillicothe, and was composed as follows :
Beasley, John .1d.
Kimberly, Zenas
Buchanan, William
'ler.
Massie, Nathaniel
Buell, Joseph Vas.
Morrow, Jeremiah
Claypool, Abraham. R.s. Paul, Joh )
Darlington. Joseph
Ad.
Symmes. Daniel Jams.
Bel
Huntington, Samuel . Trum.
Wells, Bazalcel
The [Senate organized by electing Nathaniel Massie a. S. caker, and Win. C. Schenck, as Clerk, both electionis being unanimou :.
Thomas Sherlock was unanimously elected Dcorkeeper, a position correspond ing to the office of Sergeant-at- Arms, subsequently created.
The first Senate committee appointed was on Privileges and Fleetine, ar dom. sisted of Senators Claypool, Huntington and Morrow. The members on the part el the House were Messrs. Dodd, MeClure and Sillinan.
Joseph Darlington, of Adams county, successfull contested the seat of jolin Beasley. '
Both branches adopted a system of rules, and also joint ru'e., to be o' erved when they met in joint assembly. The rules thus adopted are the basis for the present rules of the two Houses of the Legislature, with only sich me l icatione al the progress of events have necessitated. The entire scheine of the organization of the two Houses is yet preserved with rema-kib'e fidelity, ind citing boy ther sighiy the first Legislature had studied the entire matter.
HOUSE OF REPRESENTAATI -ES.
BALDWIN, MICHAEL, Speaker. DICSISSA, WOW. R., Cleri.
BETZ, ADAM, Doorkeeper.
The first llo 'se of Representatives met at 10 a. M., Tuesday, March 1, ni In the town of Chillicothe, and the following members responded to their names, and were seated upon taking the outh of office :
Baldwin, Michael
Rs. Elliott, Thomas Jet"
Bair. Rudolph
lett. Ellis, Amos Cler.
Beatty, Zacheus A
Jeff. Jackson W'm
Bigger, John .
Ham. James, Wm
Brown, Thomas ..
llam. Kibbev, Ephraim Hlam.
Culbertson. Robert . .
R - Kirker, Thomas
Dunn, James
llam. Lucas, Joseph Ad.
Dunlavy, Francis dam. Vance. Wm
36
OHIO STATESMEN.
Maxwell, Wm . . . Ham.
Safford, Robert ... Was.
Bel.
MeClure, Robert . . .
Hlamı.
Sharp, Joseph ...
Was.
McFarland, Thomas
Ham.
Silliman, Wyllys Fair.
Mecks. Isaac
Jeff.
Trimble, Win
Cler.
Patton, W'in
Rs.
Waring. R. Walter
Trum.
Quimby, Ephraim
Trum. 4 Wheeler, Aaron .
Reece. David
Fair.
Wood, Elijah
Bel.
Russell, W'm
Ad.
Worthington, Thomas
Rs.
A temporary organization with Michael Baldwin as Speaker pro tempore, George Hoffman, Clerk pro tempore and Adam Betz, Doorkeeper pro tempore, was made, whereupon the House adjourned until 10 A. M, Wednesday, March 2. toeffect a per- manent organization.
At that hour the House met and chose Michael Baldwin, as Speaker, and Win. R. Dickinson, Clerk. Neither had opposition. Adam Betz was continued Doorkeeper at the pleasure of the House.
The two Houses met in joint convention at 11 o'clock A. M., March 3, to open and declare the result of the ballot for Governor (the returns from Fairfield and Washington being missing.) After an inspection, the result was declared as follows : Edward Tiffin, 4,564. There were no ballots cast against him.
A committee of five was appointed to notify Gov. Tiffin of his election. At I o'clock on the same day the joint convention again assembled in the hall of the House of Representatives, and Gov. Titlin took the oath of office, the same being adminis- tered by llon. Judge Meigs.
Gov. Tiffin delivered a brief address, making but twenty lines of the Journal. On the 4th day of March he sent his first annual message to the General Assembly. It covered but little more than four pages of the Journal, and dealt entirely with questions pertaining to the political machinery of the newly organized State.
On the 5th of March the necessary rules for the election of State officers by the Legislature in joint ballot, were agreed upon.
On the same day the election of Messrs. Beatty and Elliott, of Jefferson county, which had been protested, was declared legal. Forty copies of the Governor's message were ordered printed. On the 7th the rules of the House, 52 in number, were agreed to, as were the joint rules.
On the Sth the House ordered the printing, of 300 copies of the Journals and 1,000 copies of the laws.
On the roth the House, by a vote of 3 to 26, refused to employ a chaplain. On the 11th Sally Woolcot presented a memorial, asking to be divorced from her hus- band, John Woolcot.
On the 12th John Armstrong, Territorial Treasurer, tendered his resignation, and expremed a wish to turn over his books, accounts and balances. On the same day the House sent a congratulatory response to Gov. Tiffin, in reply to his message.
W'in. Creighton, Jr. was chosen Secretary of State, and on the 15th the two Houses met in joint convention and elected Win. McFarland Treasurer of State and Thomas Gibson Auditor of State.
On the first day of April the two Houses met in joint assembly and elected two United States Senators. No record of the vote was made, it being by ballot, and each member voting for two persons. John Smith and Thomas Worthington were de- clared elected
37
ANNALS OF PROGRESS
On the 6th the two Houses met In joint convention and solertet tune Asumima Judges for each of the then existing and newly erected counties, as follows.
Adams-Joseph Darlington, David Eddey. Hosea Moore.
Belmont- David Vance, David Lockwood, James Alexander
Butler-John Greer, James Dunn, John Kitchel.
Clermont-John Wood, Ambrose Ransom, Phillp Gatch. Columbiana-Win Smith' Henry Backman, Robert Simmiton Fairfield-Wm. W. Irwin, Samuel Carpenter, Daniel Vanmeter Franklin-John Dill, David Jamison, Joseph Foos. Gallia-Robert Safford, Brewster Higley, G. W. Putnam. Greene-Benj. Whiteman, James Barrett, W'in. Maxwell. Hamilton-Michael Jones, Luke Foster, James Silvers. Jefferson-James Pritchard, Philip Cabell, Jacob Martin. Montgomery-Benj. Archer, Isunc Spinning, John Ewing. Ross-Reuben Abrams. Wm. Patton, Felix Renick. Scioto-John Collins, Joseph Lucas, Thos Leviney.
Trumbull-John Walworth, Calvin Austin, Aaron Wheeler.
Warren-Jacob De'Lowe, Win. James, Ignatius Brown.
Washington -- Griffin Green, Dudley Woodbridge. Joseph Bell.
Previously, on April 1, the Senate and House met in joint assembly and cleste! Calvin Pease, President Judge of the Court of Common Pleas for the first Circuit: Wyllys Silliman for the second, and Francis Dunlavy for the third.
The joint assembly likewise elected Return Jonathan Meigs, Jr., Samuel Hunt ington and William Sprigg as Supreme Judges.
Having also chosen William Creighton, Jr. as Secretary of State, the political machinery of the new commonwealth was fully completed.
The principal subjects of legislation were an act to raise revenues, reform the marriage laws ; provide for the opening and construction of highways; detine and provide punishment for certain offences; provide for the compensation of members and officers of the General Assembly and of the Constitutional Convention , promote the general interests; establish educational institutions and an educational system; locate county seats and erect new counties.
Eight counties were erected at this session of the Legislature, viz. : Butler, Ca- Iumbiana, Franklin, Gallia, Greene, Montgomery, Scioto and Warren.
Butler was erected wholly from Hamilton.
Columbiana was detached partly from Jefferson and partly from Washington.
Franklin was detached wholly from Ross.
Gallia was erected wholly from Washington.
Greene was erected partly from Hamilton and partly from Ross.
Montgomery was detached wholly from Hamilton.
Scioto was composed of territory detached from Adams.
Joseph Sharp, of Belmont, on the 15th of April asked for leave of absence during the remainder of the session. Upon being refused he tendered his resignation as a member of the House.
On the second day of the session, George Humphreys and Thomas McCune, vf Jefferson county, filed protests and a contest of the seats of Messrs. Beatty an ! Elliott. The House, upon consideration of the evidence, declared them lawfully elected.
But little general legislation was undertaken at this brief initial se sion, and all the existing Territorial laws were recognized as in force, if not specifically invali- dated.
38
OHIO STATESMEN.
The work performed was rather preliminary and preparatory to the future, and to meet existing or anticipated emergencies.
OFFICIAL DIRECTORY, 1803-1804.
Governor -EDWARD TIFFIN.
Secretary of State-WM. CREIGHTON, JR.
Treasurer of State-WM. MCFARLAND.
Auditor of State-THOMAS GIBSON.
Supreme Judges-RETURN JONATHAN MEIGS, Jr., SAMUEL HUNTINGTON, W.M. SPRIGG.
Adjutant General-SAMUEL FINDLAY.
SECOND LEGISLATIVE SESSION, 1803-1804.
Met December 5. 1803. Adjourned February 17, 1804. SENATE.
MASSIE, NATHANIEL, Speaker. SCOTT, THOMAS, Clerk.
SHERLOCK, ENWARD, Doorkeeper.
The Senate met at 10 A. M., Monday, December 5, 1803, and proceeded to organ- ize. The following Senators composed the body :
Backus, Elijahı Was .. Gal.
Bigger, John. llam, War., Mont.,
But , Gre.
Buell, Joseph Was., Gal.
Claypool, Abraham Rs., Frk.
Kirker, Thomas Ad., Sci.
Massie, Nathaniel Rs., Frk.
Milligan, John Jetľ., Col.
Sargent, James
Cler.
Schenck, Wmn. C .... Ham., War., Mont., But., Gre.
Slaughter, Robert F . Fair.
Symmes, Daniel. Ham, War, Mont.,
But., Gre. Trum.
Tappan, Benj.
Vance, Wm Bel.
Ward, Wm Ilam., War., Mont.,
But., Gre.
Wells, Bazaleel Jeff., Col.
Ten Senators, viz. : Bigger, Buell, Claypool, Kirker Milligan, Sargent, Schenck, Symmes, Tappan and Vance were present, and being a quorum, organized by elect- ing Daniel Symmes as Speaker pro tempore, and Thomas Scott, Clerk. Edward Sherlock was chosen as Doorkeeper. On December 7 Nathaniel Massie appeared and took his seat, and was unanimously chosen Speaker.
Gov. Tiffin's annual message was received on the 6th. The Louisiana question was first touched on in the document, and he asked the Legislature to take steps to enable him, on the requisition of the President, to send a regiment of at least 500 men to take possession of "the lately ceded country of Louisiana, should the officers of the Spanish Government, either refuse or delay to give it up agreeable to treaty."
Other points touched on were a revision of the land tax, also the act relating to the manner of electing justices of the peace; the apportionment of Senators and Representatives among the counties ; the method of choosing electors for President and Vice- President, and the repeal of certain of the Territorial laws at variance with the purposes of the Constitution.
On the second day of the session, Joseph Sharp, of Belmont protested the election of Win, Vance as Senator, and a few days Inter the protest was decided against him.
December 24, Gov. Titlin sent a special message to the Senate and House, sub- mitting the amendment proposed to the third paragraph of the second article of the Federal Constitution for their action. The amendment was ratified by the separate
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