USA > Ohio > The Ohio hundred year book; a hand-book of the public men and public institutions of Ohio from the formation of the North-West territory (1787) to July 1, 1901 > Part 8
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
"76
THE OHIO HUNDRED YEAR BOOK.
The First Constitution of Ohio.
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 his official capacity in the territory, shall pass over to the Governor or the other officers of the State, and their 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 government, shall continue in the exercise of the duties of their respective departments until the said officers are super- seded under the authority of this Constitution.
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now in force in this territory, not inconsistent with this Constitution, shall continue and remain in full effect until repealed by the Legislature, except so much of the act enti- tled "an act regulating the admission and practice of attorneys and coun- selors-at-law," and of the act made amendatory thereto, as relates to the term of time which the applicant shall have studied law, his residence 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 coun- selor-at-law.
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 Governor, members of the General Assembly, Sheriffs, and Coroners, at the respective election districts in each County, on the second Tuesday of January next; which election shall be conducted in the man- ner prescribed by the existing election laws of this territory: 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 elec- tion thereafter, as prescribed in this Constitution, and no longer.
SEC. 7. Until the first enumeration shall be made, as directed in the second section of the first article of this Constitution, the County of Hamilton shall be entitled to four Senators and eight Representatives ; the County of Clermont, one Senator and two Representatives; the County of Adams, one Senator and three Representatives; the County of Ross, two Senators and four Representatives ; the County of Fairfield, one Senator and two Representatives; the County of Washington, two Senators and three Representatives; the County of Belmont, one Sena- tor 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 Novem- ber, in the year of our Lord one thousand eight hundred and two, and of the independence of the United States of America, the twenty-seventh.
MARCUS A. HANNA.
MARCUS ALONZO HANNA, Republican, of Cleveland, was born in New Lisbon (now Lisbon), Columbiana County, Ohio, September 24, 1837; removed with his father's family to Cleveland in 1852; was educated in the common schools of that city and the Western Reserve. College, Hudson, Ohio; was engaged as an employee in the wholesale grocery house of Hanna, Garreston & Co., his father being senior member of the firm; his father died in 1862 and he represented that interest in the firm until 1867, when the business was closed up; then became a member of the firm of Rhodes & Co., engaged in the iron and coal business; at the expira- tion of ten years the title of this firm was changed to M. A. Hanna & Co., which still exists; has been identified with lake carrying business, being interested in vessels on the lakes, and in the construction of such vessels; is president of the Union National Bank, of Cleveland; president of the Cleveland City Railway Company; was director of the Union Pacific Railway Company in 1885, by appointment of President Cleveland; was a delegate to the national Republican conventions in 1884, 1888, and 1896; was elected chairman of the national Republican committee of 1896, and still holds that position; was appointed to the United States Senate. by Governor Bushnell, March 5, 1897, to fill the vacancy caused by the retirement of Hon. John Sherman, who resigned to accept the position of Secretary of State in President McKinley's cabinet; took his seat March 5, 1897; in January, 1898, he was elected for the short term ending March 4, 1899, and also for the succeeding full term. His term of service will end. March 4, 1905,
(77. )
1
NOTES ON THE CONSTITUTIONAL CONVENTION OF 1802.
T HE Constitutional Convention of 1802 forms a connecting link be- tween the Territorial and State Government which seems to find its proper consideration at this point. The first session of the Second (and last) Territorial Legislature, was adjourned by Governor St. Clair in January, 1802, to meet in Cincinnati, November 29. The Congress, by an act of April 30, 1802, provided for the election of mem- bers of a convention which should :
First. Decide on the desirability of forming a state government, and Second. Frame the constitution for the state should the convention decide the first question affirmatively.
This convention met in Chillicothe on Monday, November I, four weeks prior to the time set for the convening of the Second Territorial Legislature in its second session, and on the day appointed for the legis- lature to meet, promulgated the FIRST CONSTITUTION OF THE STATE OF OHIO.
Many members of the territorial legislature were members of this first constitutional convention, and the following notes from the Journal of that convention are republished as matters of history.
NOTES FROM THE JOURNAL OF CONVENTION.
The members of the Convention were:
ADAMS COUNTY.
Joseph Darlington, Thomas Kirker, Israel Donaldson.
BELMONT COUNTY.
James Caldwell, Elijah Woods.
CLERMONT COUNTY.
Philip Gatch, James Sargent.
HAMILTON COUNTY.
Francis Dunlavy, John Paul, Jeremiah Morrow, John Wilson, Charles Willing Byrd,
William Goforth, John Smith, John Reily, John Browne, John Kitchel.
JEFFERSON COUNTY.
Rudolph Bair, John Milligan, George Humphrey, Bazaleel Wells, Nathan Updegraff.
(78)
79
THE OHIO HUNDRED YEAR BOOK.
Notes on the Constitutional Convention of 1802.
ROSS COUNTY.
Edward Tiffin, Nathaniel Massie, Thomas Worthington,
Michael Baldwin, James Grubb.
TRUMBULL COUNTY.
Samuel Huntington, David Abbot.
FAIRFIELD COUNTY
Emanuel Carpenter, Henry Abrams.
WASHINGTON COUNTY.
Rufus Putnam, Ephraim Cutler, John McIntire, Benjamin Ives Gilman.
Edward Tiffin was chosen president of the Convention. William Goforth was elected president pro tempore.
Thomas Scott was elected secretary at $3 per day.
William McFarland was elected assistant secretary, and ordered to attend the Committee on Preamble and First Article.
Adam Betz was elected door-keeper at $1.50 per day.
Upon the question whether it would be expedient to form a consti- tution and state government for the people of the Territory, at this time, the question carried in the affirmative by a vote of 32 to I. Mr. Cutler voted in the negative.
NOTE - "Although more than a fourth of the members comprising the body had expressed their opinion in very decided terms against the expediency of the measure, and against the manner of its accomplishment, yet the resolution was carried. * * Judge Cutler, an indomitable Whig, of Washington County, vot- * ing in the negative, solitary and alone. (Burnett's Notes on the Northwest Ter- ritory, p. 352-3.)
A resolution was adopted requesting the governor to prorogue the territorial legislature which had adjourned in January last, to meet in Cincinnati on the fourth Monday of the present month. But this was not done, as the members of the legislature, many of whom were in conven- tion, manifested no disposition to interfere with the progress of the Terri- tory toward statehood. (See Burnett quoted.)
Nathaniel Willis was elected printer to the Convention, on the terms of his proposition to print 700 copies of the Journal of Convention, and 1,000 copies of the constitution then being framed.
A resolution to submit the proposed constitution to the people is found on page 15 of the Journal. It was disagreed to by the vote of 27 to 7, and the constitution was not submitted to the people, but was put in operation by the act of the delegates to the convention in formally signing the instrument in their representative capacity.
80
THE OHIO HUNDRED YEAR BOOK.
Notes on the Constitutional Convention of 1802.
A proposition to have the members of the Senate chosen annually instead of biennially was defeated by a vote of 15 to 18.
A proposition to insert a proviso in Section 19 of Article I, prohib- iting any member of the Convention from holding any office under the- constitution so framed, unless elective, for the term of one year after its. adoption, was defeated - yeas, 3, nays, 3I.
A proposition to strike out of the bill of rights that part of the- second section relating to servitude of adult persons not negroes or mulattoes, was defeated by a vote of 12 to 21.
A proposition to strike out that part of the same section which for- bids slavery or involuntary servitude in this state, was defeated over- whelmingly, by a vote of yeas 2, nays 3I.
Messrs. Paul and Reily, of Hamilton County, voted in favor of the proposition. (See Journal, p. 26; November 20, 1802. )
A proposition to amend the third section of the bill of rights by strik- ing out the words "no religious test shall be required," etc., and inserting words to the effect that no person who denies the being of a God, or a place of future rewards and punishments, shall hold office in the civil government, was lost -- yeas, 3; nays, 30.
In considering Article 4, on the twenty-second of November, the Convention voted - yeas, 19; nays, 15 - to add these words to the end of the article :
"Privided, that all male negroes and mulattoes, now residing in this. territory, shall be entitled to the right of suffrage, if they shall within twelve months make a record of their citizenship."
As this is one of the earliest records of an attempt to give the right of suffrage to the negro in America, the vote on that proposition is interesting. Those who voted aye were: Abbot, Byrd, Cutler, Dar- linton, Dunlavy, Gatch, Gilman, Goforth, Grubb, Kitchel, Morrow, Paul, Putnam,. Reily, Sargent, Smith, Updegraff, Wells and Wilson - 19. Those who voted in the negative were: Abrams, Baldwin, Bair, Browne, Caldwell, Carpenter, Donaldson, Humphrey, Huntington, Kirker, McIntire, Massie, Milligan, Woods and Worthington - 15.
At the same time the Convention refused, by a vote of 17 to 16, to extend the right of suffrage to the male descendants of such negro res- idents.
A motion was made to add to the seventh article of the constitution a new section as follows:
"Section 7. No negro or mulatto shall ever be eligible to any office, civil or military, or give their oath in any court of justice against a white person, be subject to do military duty, or pay a poll tax in this state ; provided always, and it is fully understood and declared, that all negroes and mulattoes, now in, or who may hereafter reside in this state,
81
THE OHIO HUNDRED YEAR BOOK.
Notes on the Constitutional Convention of 1802.
shall be entitled to all the privileges of citizens of this state, not excepted' by this constitution."
This was agreed to by a vote of - yeas, 19; nays, 16- as follows;
Yeas - Abrams, Baldwin, Bair, Byrd, Caldwell, Carpenter, Darlin -- ton, Donaldson, Grubb, Humphrey, Kirker, Massie, McIntire, Milligan, Morrow, Smith, Tiffin, Woods and Worthington - 19.
Nays - Abbot, Browne, Cutler, Gatch, Gilman, Goforth, Hunting -. ton, Kitchel, Paul, Putnam, Reily, Sargent, Updegraff, Wells and Wilson - 15.
On Friday, November 26, in considering Article IV, a motion was made to strike out the provision which had been inserted on the twenty- second, giving right of suffrage to negroes and mulattoes who would prove their residence within twelve months. On this motion the yeas and nays were taken and resulted, 17 to 17. There being a tie vote, the president of the Convention (Edward Tiffin, afterward governor of the State) voted in the affirmative, and the proposition was stricken from the first constitution of the state. The change of front was brought about by the vote of the president and of the Messrs. Darlinton, Grubb and Smith, who had previously voted to add this provision to the con- stitution. On the other hand, Mr. Browne, who had voted against the proposition in the first instance, now voted to retain it as a part of the organic law of the state. (P. 34.) Mr. Donladson, who had opposed the proposition on the twenty-second, refrained from voting on the ques- tion as now presented.
A proposition was made to strike out the fifth section of Article IV, relating to labor on roads, and its relation to an elector's qualifications, which was defeated by a vote of 13 to 21.
A provision in Article VII, Section 3, that "no new county shall be established by the legislature, which is not entitled by its numbers to a. representative," was stricken out by a vote of 22 to 12.
An effort to make the minimum number of square miles in a county- five hundred instead of four hundred was defeated, II to 23.
A motion to strike out the section (7) added to Article VII on the. twenty-second, in relation to the bar to negroes in office, etc. was carried by a vote of 17 to 16.
On this vote, Messrs. Dunlavy (who had not voted on this prop- osition before), and Milligan (who had voted to incorporate it in the article), voted with the friends of the negro, and caused the amendment to be made. President Tiffin, who had voted for the incorporation of the sectino on the twenty-second, is not recorded on this later vote. The friends of the restriction tried to have it inserted in an amended form, but on a demand for the previous question were outgeneralled and de -- feated. (P. 36.)
6 H. Y. B.
82
THE OHIO HUNDRED YEAR BOOK.
Notes on the Constitutional Convention of 1802.
By a vote of 20 to 13, the convention inserted a provision in Section 2, Article VIII, prohibiting in this state the indenture of any negro or mulatto.
Early in the sitting of the convention the following message was adopted and ordered to be officially transmitted to the representatives of the United States :
TO THE PRESIDENT AND BOTH HOUSES OF CONGRESS :
The Convention of the State of Ohio, November 27, 1802, duly appreciating the importance of a free and independent state government and impressed with :sentiments of gratitude to the Congress of the United States, for the prompt and 'decisive measures taken at their last session, to enable the people of the north- "western territory, to immerge from their colonial government, and to assume "a rank among the sister states, beg leave to take the earliest opportunity of an- nouncing to you this important event : on this occasion the Convention cannot help expressing their unequivocal appropriation of the measures pursued by the present administration of the general government, and both Houses of Congress, in di- minishing the public burthens, cultivating peace with all nations, and promoting ."the happiness and prosperity of our country.
THE SECOND CONSTITUTIONAL CONVENTION OF THE STATE OF OHIO.
(1850-1.)
I N accordance with the expressed will of the people as recorded in the act of the General Assembly of Ohio of 1849-1850, an election was held in 1850 for mem- bers of a constitutional convention, which met in the hall of the House of Representatives, May 6th, 1850, and which is the author of the present con- stitution of Ohio.
The membership of the convention was :
ADAMS COUNTY .- J. McCormick and George Collings.
ASHLAND COUNTY .- John J. Hootman.
ASHTABULA COUNTY .- E. B. Woodbury and B. B. Hunter. AUGLAIZE COUNTY .- Sabirt Scott and William Sawyer. BELMONT COUNTY .- William Kennon and Daniel Peck.
BROWN COUNTY .-- John H. Blair and James Loudon.
BUTLER COUNTY .- James B. King and Elijah Vance. CARROLL COUNTY .- Van Brown.
CHAMPAIGN COUNTY .- Joseph Vance.
CLARK COUNTY .- Samson Mason.
CLERMONT COUNTY .- S. F. Norris.
CLINTON COUNTY .- Isaiah Morris.
COLUMBIANA COUNTY .- Henry H. Gregg and Samuel Quigley. COSHOCTON COUNTY .-- John Johnson.
CRAWFORD COUNTY .- Richard W. Cahill.
CUYAHOGA COUNTY .- S. J. Andrews and Reuben Hitchcock.
DEFIANCE COUNTY .- Jacob J. Green.
DELAWARE COUNTY .- W. M. Warren.
ERIE COUNTY .- James W. Taylor.
FAIRFIELD COUNTY .- William Medill. Daniel A. Robertson and John Chaney.
FRANKLIN COUNTY .- John Graham, J. R. Swan and Henry Stan- berry.
GALLIA COUNTY .- Simeon Nash.
GEAUGA COUNTY .- Peter Hitchcock.
GREENE COUNTY .- A. Harlan.
GUERNSEY COUNTY .- William Lawrence and Robert Leech.
HAMILTON COUNTY .- W. S. Groesbeck, G. W. Holmes, Dan. J. Jones, Charles Reemelin, A. N. Riddle, E. C. Roll and James Struble.
( 83 )
.
THE OHIO HUNDRED YEAR BOOK.
84
The Second Constitutional Convention of the State of Ohio.
HANCOCK COUNTY .- John Ewing.
HARRISON COUNTY .- Samuel Morehead and Josiah Scott. HENRY COUNTY .- Albert V. Stebbins.
HIGHLAND COUNTY .- Thomas Patterson and John A. Smith. HOCKING COUNTY .- F. Case. HOLMES COUNTY .- D. P. Leadbetter. HURON COUNTY .- Joseph M. Farr.
JACKSON COUNTY .- D. D. T. Hard. JEFFERSON COUNTY .- William S. Bates.
KNOX COUNTY .- John Sellers and M. H. Mitchell. LAKE COUNTY .- H. C. Gray. LAWRENCE COUNTY .- H. N. Gillett.
LICKING COUNTY .- L. Case and H. S. Manon.
LOGAN COUNTY .- Benjamin Stanton.
LORAIN COUNTY .- Norton S. Townshend and H. D. Clark ..
LUCAS COUNTY .- John E. Hunt.
MADISON COUNTY .- Charles McCloud.
MAHONING COUNTY .-- Robert Forbes.
MEDINA COUNTY .- S. Humphreyville.
MEIGS COUNTY .- V. B. Horton.
MIAMI COUNTY .- William Barbee and G. Volney Dorsey. MONROE COUNTY .- Edward Archbold and Thomas A. Way. MONTGOMERY COUNTY .- Joseph Bennett and Geo. B. Holt.
MORGAN COUNTY .- Willian Hawkins.
MUSKINGUM COUNTY .- David Chambers and Richard Stillwell. PERRY COUNTY .- John Lidey. PICKAWAY COUNTY .- Elias Florence.
PORTAGE COUNTY .- Friend Cook.
PREBLE COUNTY .- David Barnett and Thomas J. Larsh.
RICHLAND COUNTY .- James P. Henderson and S. J. Kirkwood.
Ross COUNTY .-- John L. Green, James T. Worthington and Wesley Claypool.
SANDUSKY COUNTY .- C. J. Orton. SENECA COUNTY .- E. T. Stickney.
SHELBY COUNTY .-- H. Thompson.
STARK COUNTY .- Herman Stidger and Joseph Thompson.
SUMMIT COUNTY .- Wm. S. C. Otis and L. Swift.
TRUMBULL COUNTY .- Jacob Perkins and R. P. Ranney. TUSCARAWAS COUNTY .- Alden I. Bennett and Jacob Blickersderfer .. UNION COUNTY .- Otway Curry and C. S. Hamilton.
WARREN COUNTY .- G. J. Smith and Milton J. Williams.
WASHINGTON COUNTY .- Thomas W. Ewart and William P. Cutler.
85
THE OHIO HUNDRED YEAR BOOK.
The Second Constitutional Convention of the State of Ohio.
WAYNE COUNTY .- John Larwill, Leander Firestone, E. Wilson. WYANDOT COUNTY .- B. P. Smith.
WILLIAM MEDILL. President. W. H. GILL, Secretary. W. S. V. PRENTISS and DAVID H. MORTLEY, Assistant Secretaries. J. V. SMITH, Reporter. HENRY REED, Assistant Reporter. JOHN W. CARROLLTON and H. OKEY, Sergeants-at-Arms. JAMES ARNOLD, Doorkeeper.
THE SECOND ( PRESENT ) CONSTITUTION OF THE STATE OF OHIO.
( DONE IN CONVENTION AT CINCINNATI, MARCH 10, 1851.) As amended and in force July, 1901.
W E the people of the State of Ohio, grateful to Almighty God! for our freedom, to secure its blessings and promote the com- mon welfare, do establish this constitution.
ARTICLE I.
BILL OF RIGHTS.
SECTION I. All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defend- . ing 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 neces- sary ; 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 peace- able manner, to consult for their common good ; to instruct their repre- sentatives ; and to petition the General Assembly for the redress of griev- ances.
SEC. 4. The people have the right to bear arms for their defense 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 subor- dination to the civil power.
SEC. 5. The right of trial by jury shall be inviolate.
SEC. 6. There shall be no slavery in this state, nor involuntary servitude unless for the punishment of crime.
SEC. 7. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No. person shall be compelled to attend, erect, or support any place of wor- ship or maintain any form of worship, against his consent ; and no prefer- ence shall be given, by law, to any religious society ; nor shall any inter- . ference with the rights of conscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be in- competent to be a witness on account of his religious belief ; but nothing- herein shall be construed to dispense with oaths and affirmations. Reli- gion, morality, and knowledge, however, being essential to good govern- ment, it shall be the duty of the General Assembly to pass suitable laws;
(86)
87
THE OHIO HUNDRED YEAR BOOK.
The Second Constitution of the State of Ohio.
to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools, and the means of instruction.
SEC. 8. The privilege of the writ of habeas corpus shall not be suspended, unless in cases of rebellion or invasion the public safety requires it.
SEC. 9. All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishment inflicted.
SEC. 10. Except in cases of impeachment, and cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, in cases of petit larceny and other inferior offenses,. no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury. In any trial, in any court, the party accused shall be allowed to appear and defend in person and with counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; be the witnesses face to face, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury- of the county or district in which the offense is alleged to have been committed ; nor shall any person be compelled, in any criminal case, to be a witness against himself, or be twice put in jeopardy for the same offense.
SEC. II. 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 be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter as charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.
SEC. 12. No person shall be transported out of the state, for any offense committed within the same; and no conviction shall work cor- ruption of blood, or forfeiture of estate.
SEC. 13. No soldier shall, in time of peace, be quartered in any- house, without the consent of the owner ; nor, in time of war, except in the manner prescribed by law.
SEC. 14. The right of the people to be secure in their persons,. houses, papers, and possessions, against unreasonable searches and seiz- ures shall not be violated; and no warrant shall issue, but upon probable. cause, supported by oath or affirmation, particularly describing the place- to be searched and the person and things to be seized.
88
THE OHIO HUNDRED YEAR BOOK.
The Second Constitution of the State of Ohio.
SEC. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud.
SEC. 16. All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and justice administered without denial or delay.
SEC. 17. No hereditary emoluments, honors, or privileges, shall ever be granted or conferred by this state.
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.