USA > Ohio > The biographical annals of Ohio, 1902-1903. A handbook of the government and institutions of the state of Ohio. Vol. 1 > Part 3
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67
The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office, the governor before the President of 'Congress, and all other officers before the governor. As soon as a legislature shall be formed in the district, the council and house, as- sembled in one room, shall have authority by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary government.
And for extending the fundamental principles of civil and re- ligious liberty, which forms the basis whereon these republics, their laws and constitutions are erected ; to fix and establish those principles as the basis of all laws, constitutions and governments, which forever here- after shall be formed in the said territory ;- to provide also for the es- tablishment of States, and permanent government therein, and for their admission to a share in the Federal councils on an equal foot- ing with the original States, at as early periods as may be consistent with the general interest.
It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent, to wit:
ARTICLE T. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments in the said territory.
ARTICLE II. The inhabitants of the said territory shall always be entitled to the benefits of the writs of habeas corpus, and of the trial
27
THE BIOGRAPHICAL ANNALS OF OHIO.
Ordinance of 1787.
by jury ; of a proportionate representation of the people in the legis- lature, and of judicial proceedings according to the course of the com- mon law; all persons shall be bailable unless for capital offenses where the proof shall be evident or the presumption great; all fines shall be moderate, and no cruel or unusual punishment shall be inflicted ; no man shall be deprived of his liberty or property, but by the judg- ment of his peers, or the law of the land; and should the public exi- gencies make it necessary for the common preservation to take any person's property, or to demand his particular services, full compen- sation shall be made for the same ;- and in the just preservation of rights and property it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall in any manner whatever interfere with, or affect private contracts or engagements, bona fide and without fraud previously formed.
ARTICLE III. Religion, morality, and knowledge, being neces- sary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights and liberty, they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress ; but laws founded in justice and humanity shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them.
ARTICLE IV. The said territory, and the States which may be formed therein shall forever remain a part of this confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said terri- tory, shall be subject to pay a part of the Federal debts, contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress, according to the same com- mon rule and measure by which apportionments thereof shall be made on the other states; and the taxes for paying their proportion, shall be laid and levied by the authority and direction of the legislatures of the district or districts, or new states as in the original states, within the time agreed upon by the United States in Congress assembled. The leg- islatures of those districts, or new States, shall never interfere with the primary disposal of the soil by the United States in Congress as- sembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax
28
THE BIOGRAPHICAL ANNALS OF OHIO.
Ordinance of 1787.
shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and Saint Lawrence, and carrying places between the same shall be common highways, and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
ARTICLE V. There shall be formed in the said Territory, not less than three nor more than five states; and the boundaries of the states, as soon as Virginia shall alter her act of cession and consent to the same, shall become fixed and established as follows, to wit: The western State, in the said Territory, shall be bounded by the Mississippi, the Ohio, and the Wabash Rivers, a direct line drawn from the Wabash and Post Vincents, due north, to the territorial line between the United States and Canada; and by the said territorial line to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio; by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by said territorial line. The eastern state shall be bounded by the last-mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided, however, and it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of lake Michigan : and whenever any of the said states shall have sixty thou- sand free inhabitants therein, such State shall be admitted by its delegates into the Congress of the United States, on an equal footing with the original states, in all respects whatsoever and shall be at liberty to form a permanent constitution and State government: pro- vided, the constitution and government so to be formed shall be re- publican, and in conformity to the principles contained in these ar- ticles, and so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand.
ARTICLE VI. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted ; provided, always, that any person escaping into the same, from whom labor or serv-
29
THE BIOGRAPHICAL ANNALS OF OHIO.
Ordinance of 1787.
ice is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or services as aforesaid.
Be it ordained by the authority aforesaid, that the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby repealed and declared null and void.
DONE by the United States in Congress assembled, the 13th day of July, in the year of our Lord, 1787, and of their sovereignty and in- dependence the 12th. CHA. THOMSON, Secy.
WHO WAS THE AUTHOR OF THE ORDINANCE OF 1787" ?- "There has been some diversity of opinion as to the individual to whom the honor of the paternity of that document rightfully belongs. Some have claimed it for Mr. Jefferson, though he did not claim it himself. The honor of drafting that instrument, on which the con- stitutions of all the northwestern states are founded, belongs of right to Nathan Dane, a revolutionary patriot of Massachusetts. He was its author,-he reported it to Congress and persevered in caplaining, and impressing it on their attention till they became satisfied of its merits and adopted it by a unanimous vote, Mr. Jeffer- son being in France at the time."-Burnett's Notes on the North-Western Territory, pp. 37-8.
RUTHERFORD BIRCHARD HAYES.
Rutherford Birchard Hayes, nineteenth president of the United States, was born at Delaware, Ohio, October 4, 1822; graduated at Kenyon College, Ohio, in 1842, and at Harvard Law School in 1845; began the practice of law at Fremont, Ohio; removed to Cincinnati in 1849 : was city solicitor from 1858 to 1861; was appointed, June 27, 1861, major Twenty-third Ohio Volunteers, of which W. S. Rosecrans was the first colonel and Stanley Matthews (afterwards justice U. S. Supreme Court) lieutenant-colonel. He was promoted lieutenant-colonel October 24, 1861, from which date he commanded the Twenty third until December, 1862. In the brilliant action of South Mountain (1862) he received a severe wound in the left arm which compelled him to leave the field. After the battle of Antietam the regiment was returned to West Virginia, where, November 30, 1862, he rejoined it as colonel, having been promoted October 24. He was commissioned brigadier- general of volunteers, to date from the battle of Cedar Creek, at the close of which he received news of his election to Congress from the second district of Ohio; was made brevet major-general for gallant services, and resigned from the army June 1, 1865. In December he took his seat in Congress; was re-elected in 1866, but left his seat in 1867, having been nominated for governor of Ohio, to which office he was elected in October and re-elected in 1869. In 1872 he suffered his first defeat for Congress. In 1875 he reluctantly consented to allow his name to be used once more as a candidate for governor, and was elected for a third time, an honor never before conferred on a citizen of Ohio. On June 16, 1876, he was nominated at Cincinnati for president of the United States, on the Re- publican ticket, on the seventh ballot, receiving 384 votes, to 351 for J. G. Blaine, and 21 for B. H. Bristow. The ensuing canvass, which was bitter and exciting, was closed by a disputed election. the electoral votes of Florida, South Carolina, and Louisiana, and one of those of Oregon being claimed by both parties. The Presidential Electoral Com- mission announced, March 2, 1877, that he had been duly elected president of the United States. The inauguration ceremonies took place on March 5. During the four years of his office the affairs of the government were conducted in a manner that will command the favorable judgment of history. Died at Fremont, Ohio, January 17, 1893.
(30)
THE CONSTITUTION OF THE UNITED STATES OF AMERICA .*
[Recommended to the Congress by a constitutional convention, of which George Washington was President, on the 17th day of September, 1787, and transmitted to the several states for ratification on the 28th day of the same month. On the fourth of March 1789, the day which had been fixed for commencing operations of Government under the new Constitution, it had been ratified by the conventions chosen in each state to consider it, as follows: Delaware, December 7, 1787; New Jersey, December 18, 1787; Connecticut, January 9, 1788; Maryland, April 28, 1788; Pennsylvania, December 12, 1787; Georgia, January 2, 1788; Massachusetts, Febru- ary 6, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Vir- ginia, June 26,1788; and New York, July 26, 1788.
Rhode Island ratifiel the constitution on the 29th of May, and North Carolina on the 21st of November, 1789. Vermont, then an applicant for admission to state- hood, ratified the constitution on the 10th day of January, 1791, and was admitted into the Union on the 18th day of February following.]
W E the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquil- ity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Pos- terity, do ordain and establish this CONSTITUTION for the United States of America.
ARTICLE I. .
SECTION 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
SECTION 2. (1) The House of Representatives shall be com- posed of Members chosen every second Year by the People of the sev- eral States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
2. No Person shall be a Representative who shall not have at- tained to the Age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
3. * [Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, accord- ing to their respective Numbers, Which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years and excluding Indians not taxed, three- fifths of all other Persons.] The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the
*It will be observed that the original document has been carefully followed as to spelling, the use of capital letters, etc.
*The clause included in brackets is amended by the 14th amendment, second section.
(31
32
THE BIOGRAPHICAL ANNALS OF OHIO.
The Constitution of the United States.
United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every Thirty thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
4. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such vacancies.
5. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
SEC. 3. (1)' The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years ; and each Senator shall have one Vote.
2. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expira- tion of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one-third may be chosen every second Year; and if vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make tem- porary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
3. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
4. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
5. The Senate shall chuse their Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall ex- ercise the Office of President of the United States.
6. The Senate shall have the sole Power to try all Impeach- ments. When sitting for that Purpose, they shall be on Oath or Affir- mation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
33
THE BIOGRAPHICAL ANNALS OF OHIO.
The Constitution of the United States.
7. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
SECTION 4. (1) The Times, Places and Manner of holding Elec- tions for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
2. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different day.
SECTION 5. (1) Each House shall be the Judge of Elections, Returns, and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adourn from day to day, and may be authorized to compel the Attend- ance of absent Members, in such Manner, and under such Penalties, as each House may provide. -
2. Each House may determine the Rules of its Proceedings, pun- ish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
3. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy ; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
4. Neither House, during the Session of Congress, shall, with- out the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
SECTION 6. (1) The Senators and Representatives shall re- ceive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privi- leged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be ques- tioned in any other Place.
2. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Au- thority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and 3 B. A.
34
THE BIOGRAPHICAL ANNALS OF OHIO.
The Constitution of the United States.
no Person holding any Office under the United States, shall be a Mem- ber of either House during his Continuance in Office.
SECTION 7. (1) All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
2. Every Bill which shall have passed the House of Repre- sentatives and the Senate shall, before it becomes a Law, be presented to the President of the United States; If he approves he shall sign it, but if not he shall return it, with his Objections, to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If, after such Recon- sideration, two-thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a Law. But in all such Cases the Vote of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for or against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Man- ner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
3. Every Order, Resolution, or Vote, to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment), shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be re-passed by two-thirds of the Senate and House of Representatives, accord- ing to the Rules and Limitations prescribed in the Case of a Bill.
SECTION 8. (1) The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and pro- vide for the common Defence and general Welfare of the United States ; but all Duties, Imposts, and Excises shall be uniform through- out the United States ;
2. To borrow Money on the credit of the United States ;
3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes ;
4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States ;
5. To coin money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures ;
6. To provide for the Punishment of counterfeiting the Securi- ties and current Coin of the United States;
35
1724053
THE BIOGRAPHICAL ANNALS OF OHIO.
The Constitution of the United States.
7. To establish Post Offices and post Roads ;
8. To promote the Progress of Science and useful Arts, by secur- ing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries ;
9. To constitute Tribunals inferior to the Supreme Court ;
10. To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations ;
11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
12. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
13. To provide and maintain a Navy ;
14. To make Rules for the Government and Regulation of the land and naval Forces ;
15. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions.
16. To provide for organizing, arming, and disciplining the Mi- litia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively the Appointment of the Officers, and the Authority of training the Mili- tia according to the discipline prescribed by Congress ;
17. To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings ;- And
18. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Office thereof.
SECTION 9. (1) The Migration or Importation of such Per- sons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thou- sand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
2. The Privilege of the Writ of Habeas Corpus shall not be sus- pended, unless when in Case of Rebellion or Invasion the public Safety may require it.
3. No Bill of Attainder or ex post facto Law shall be passed.
36
THE BIOGRAPHICAL ANNALS OF OHIO.
The Constitution of the United States.
4. No Capitation, or other direct, tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
5. No Tax or Duty shall be laid on Articles exported from any 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.