USA > Ohio > The biographical annals of Ohio, 1904-1905. A handbook of the government and institutions of the state of Ohio Vol. 2, Pt. 1 > Part 6
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Thirdly .- So much of that tract, commonly called the "Virginia military reservation," as will amount to one thirty-sixth part of the whole tract, for the use of schools within the same, and to be selected by the legislature of the state of Ohio, out of the unlocated lands in that tract after the warrants issued from the state of Virginia shall have been satisfied; it being however understood, that the donation is not to exceed the whole amount of the above-mentioned residue of such unlo- cated lands, even if it shall fall short of one thirty-sixth part of the said tract.
Fourthly .- One thirty-sixth part of all the lands of the United States lying in the state of Ohio, to which the Indian. title has not been extinguished, which may hereafter be purchased of the Indian tribes by the United States, which thirty-sixth part shall consist of the section No. sixteen, in each township, if the said lands shall be surveyed in · townships of six miles square, and shall, if the lands be surveyed in a different manner, be designated by lot.
SEC. 2. And be it further enacted, That the Secretary of the Treas- ury shall, from time to time, and whenever the quarterly accounts of the receivers of public monies of the several land offices shall be set- tled, pay three per cent. of the net proceeds of the lands of the United States, lying within the state of Ohio, which since the thirtieth day of June last have been or hereafter may be sold by the United States, after deducting all expenses incidental to the same, to such person or persons as may be authorized by the legislature of the said state to receive the · same, which sums thus paid, shall be applied to the laying out, opening and making roads within the said state, and to no other purpose what- ever; and an annual account of the application of the same shall be transmitted to the Secretary of the Treasury, by such officer of the state as the legislature thereof shall direct ; and it is hereby declared, that the payments thus to be made, as well as the several appropriations for schools made by the preceding section, are in conformity with, and in considera- tion of the conditions agreed on by the state of Ohio, by the ordinance of the convention of said state, bearing date the twenty-ninth day of November last.
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THE BIOGRAPHICAL ANNALS OF OHIO.
Supplementary Act Creating the State of Ohio.
SEC. 3. And be it further cnacted, That the sections of land here- tofore promised for the use of schools, in lieu of such of the sections No. 16, as have been otherwise disposed of, shall be selected by the Secre- tary of the Treasury, out of the unappropriated reserved sections in the most contiguous townships.
SEC. 4. And be it further enacted, That one complete township in the state of Ohio, and district of Cincinnati, or so much of any one complete township within the same, as may then remain unsold, together with as many adjoining sections as shall have been sold in the said town- ship, so as to make in the whole thirty-six sections, to be located under the direction of the legislature of the said state, on or before the first day of October next, with the register of the land office in Cincinnati, be, and the same is hereby vested in the legislature of the State of Ohio, for the puropse of establishing an academy, in lieu of the township already granted for the same purpose, by virtue of the act entitled "An act authorizing the grant and conveyance of certain lands to John Cleves Symmes and his associates:" Provided, however, that the same shall revert to the United States, if, within five years after the passing of this act, a township shall have been secured for the purpose, within the boundary of the patent granted by virtue of the above-mentioned act, to John Cleves Symmes, and his associates.
SEC. 5. And be. it further enacted, That the attorney-general for the time being, be directed and authorized to locate and accept from the said John Cleves Symmes, and his associates, any one complete towil- ship within the boundaries of the said patent, so as to secure the same for the purpose of establishing an academy, in conformity to the pro- visions of the said patent, and in case of noncompliance, to take, or direct to be taken, such measures as will compel an execution of the trust: Provided, however, that John Cleves Symmes and his associates shall be released from the'said trust, and the said township shall vest in them, or any of them, in .fee simple, upon payment into the treasury of the United States, of fifteen thousand three hundred and sixty dollars, with interest from the date of the above-mentioned patent, to the day of such payment.
APPROVED MARCH 3, 1803,
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THE BIOGRAPHICAL ANNALS OF OHIO.
THE ACT OF CONGRESS RECOGNIZING THE STATE OF OHIO AS A MEMBER OF THE UNION. .
(February 19, 1803.)
AN ACT TO PROVIDE FOR THE DUE EXECUTION OF THE LAWS OF THE UNITED STATES, WITHIN THE STATE OF OHIO.
W HEREAS, The people of the eastern . division of the territory northwest of the river Ohio, did, on the twenty-ninth day of November, one thousand eight hundred and two, form for themselves a constitution and state government, and did give to the said state the name of the "State of Ohio," in pursuance of an act of Congress, entitled "An act to enable the people of the Eastern division of the territory northwest of the river Ohio, to form a constitution and. state government, and for admission of such state into the Union on an equal footing with the original states, and for other purposes," whereby the said state has become one of the United States of America ; in order therefore to provide, for the due execution of the laws of the United States within the said state of Ohio :
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said state of Ohio, as elsewhere within the United States.
SEC. 2. Be it further enacted, That the said state shall be one dis- trict, and be called the Ohio district; and a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called a district judge. He shall hold at the seat of government of the said state,* three sessions annually, the first to commence on the first Monday in June next, and the two other sessions progressively on the like Monday of every fourth calendar month afterwards, and he shall . in all things have and exercise the same jurisdiction and powers which are by law given to the judge of the Kentucky district: he shall appoint a clerk for the said district, who, shall reside and keep the records of the court at the place of holding the same, and shall receive for the services performed by him, the same fees to which the clerk of the Kentucky district is entitled for similar services.
SEC. 3. Be it further enacted, That there shall be allowed to the judge of the said district court, the annual compensation of one thous-
*By the act of March 26, 1810, the time for holding the district court in the district of Ohio, was changed from the terms and dates above given, to "the second Mondays of September and January annually."
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THE BIOGRAPHICAL ANNALS OF OHIO.
Act of Congress Recognizing Ohio as a Member of the Union.
· and dollars, to commence from the date of his appointment, to be paid quarter-yearly at the treasury of the United States.
SEC. 4. Be it further enacted, That there shall be appointed in the ·said district, a person learned in the law, to act as attorney for the United States, who shall, in addition to his stated fees, be paid by the United States, two hundred dollars annually, as a full compensation for all extra services.
SEC. 5. And be it further enacted, That a marshal shall be ap- pointed for the said district, who shall perform the same duties, be sub- ject to the same regulations and penalties, and be entitled to the same fees as are prescribed to marshals in other districts, and shall moreover be entitled to the sum of two hundred dollars annualy a tion for all extra services.
APPROVED February 19, 1803.
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THE BIOGRAPHICAL ANNALS OF OHIO.
ACT OF CONGRESS ORDERING THE DESIGNATION BY A NEW SURVEY, OF THE WESTERN AND NORTHERN BOUNDARIES OF OHIO ..
(May 20, 1812.)
AN ACT TO AUTHORIZE THE PRESIDENT OF THE UNITED STATES TO ASCER- TAIN AND DESIGNATE CERTAIN BOUNDARIES.
B E it enacted by the Senate and House of Representatives of the United States of America in Congress osmibied, That the sur- veyor general, under the direction of the President of the United States be, and he is hereby authorized and required (as soon as the consent of the Indians can be obtained), to cause to be surveyed, marked and designated, so much of the western and northern boundaries of the state of Ohio, which have not already been ascertained, as divides said state from the territories of Indiana and Michigan, agreeably to the boundaries as established by the act entitled, "An act to enable the people of the eastern division of the territory northwest of the river Ohio to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states, and for other purposes," passed April thirtieth, one thousand eight hun- dred and two; and to cause to be made a plat or plan of so much of the boundary line as runs from the southerly extreme of Lake Michigan to Lake Erie, particularly noting the place where said line intersects the margin of said lake, and to return the same when made to Congress : Provided, that the whole expense of surveying and marking the said boundary lines shall not exceed five dollars for every mile that shall be actually surveyed and marked, which shall be paid out of the monies appropriated for defraying the expense of surveying the public lands.
APPROVED May 20, 1812.
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JOSEPH BENSON FORAKER.
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JOSEPH BENSON FORAKER.
Joseph Benson Foraker, Republican, of Cincinnati, was born July 5, 1846, on a farm near Rainsboro, Highland County, Ohio; . #listed Jul: 11. 1002, ce pelts in Company A, Eighty-ninth Regiment Ohio Volunteer Infantry, with which organization he served until the close of the war, at which time he held the rank of first lieutenant and brevet captain; was graduated from Cornell Univer- sity, Ithaca, N. Y., July 1, 1869; was admitted to the bar and entered upon the practice of the law at Cincinnati, Ohio, October 14, 1869; was elected judge of the superior court of Cincinnati in April, 1879; resigned on account of ill health May 1, 1882; was the Republican candidate for governor of Ohio in 1883, but was de- feated; was elected to the office in 1885, and re-elected in 1887; was again nomi- nated for governor and defeated in 1889; was chairman of the Republican State Convention of Ohio for 1886, 1890 and 1896, and was a delegate-at-large from Ohio to the national Republican conventions of 1884, 1888, 1892, and 1896; was chairman of the Ohio delegation in the convention of 1884 and 1888, and pre- sented to both of these conventions the name of Hon. John Sherman for nomi- nation for the Presidency; in the conventions of 1892 and 1896 served as chair- man of the committee on resolutions; and as such reported the platform each time to the convention; presented the name of William Mckinley to the Con- vention of 1896 for nomination to the presidency; was elected United States Senator, January 15, 1896, to succeed Calvin S. Brice, and took his seat March 4, 1897. He was re-elected January 15, 1902, for the term beginning March 4, 1903, and ending March 3, 1909.
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THE BIOGRAPHICAL ANNALS OF OHIO.
THE FIRST ' CONSTITUTIONAL CONVENTION OF THE STATE OF OHIO.
(1802.)
T HE people of that part of the Northwest Territory now embraced in the boundaries of the State of Ohio, having arrived at a numerical strength sufficient under the Ordinance of 1787 to give them a separate organization, and acting under the Act of Congress of May, 1802, elected representatives to a Constitutional Con- vention to take the necessary steps for admission into the Union of States. The representatives so elected, met in Chillicothe on the Ist of November 1802, and completed their labors by the ratification on the 29th of that month of the First Constitution of the State of Ohio.
ADAMS COUNTY.
Joseph Darlington, Israel Donaldson, and Thomas Kirker. BELMONT COUNTY. James Caldwell and Elijah Woods. CLERMONT COUNTY. Philip Gatch and James Sargent. FAIRFIELD COUNTY. Henry Abrams and Emanuel Carpenter. HAMILTON COUNTY.
John W. Browne, Charles Willing Byrd, Francis Dunlavey, William Goforth, John Kitchell, Jeremiah Morrow, John Paul, John Reiley, John Smith and John Wilson. JEFFERSON COUNTY.
Rudolph Blair, George Humphrey, John Milligan, Nathan Updegraff, and Bazaleel Wells. ROSS COUNTY.
Michael Baldwin, James Grubb, Nathaniel Massie, and Thomas Worthington.
TRUMBULL COUNTY. David Abbott and Samuel Huntington.
WASHINGTON COUNTY.
Ephriam Cutler, Benj .. Ives Gilman, John McIntyre and Rufus Putnam. President of the Convention, Edward Tiffin, of Ross County. Secretary of the Convention, Thomas Scott.
It is interesting to note the absence, in this list of 1802, of the names of such counties as Cuyahoga, Franklin, Lucas, Montgomery, Stark, Muskingum and Mahoning, the homes, in 1902 of all the large cities of the state, except Cincinnati.
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THE BIOGRAPHICAL ANNALS OF OHIO.
THE FIRST CONSTITUTION OF THE STATE OF OHIO.
(DONE IN CONVENTION AT CHILLICOTHE, Nov. 29, 1802.)
W TE the people of the eastern division of the territory of the United States northwest of the river Ohio, having the right of admission into the general government as a member of the Union, consistent with the Constitution of the United States, the ordinance of Congress of one thousand seven hundred and eighty- seven, and of the law of Congress entitled "An act to enable the people of the eastern division of the territory of the United States northwest of the river Ohio to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original States, and for other purposes;" in order to establish justice, promote the welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the following constitution or form of government; and do mutually agree with each other to form ourselves into a free and independent State, by the name of the STATE OF OHIO.
ARTICLE I.
OF THE LEGISLATIVE POWER.
SECTION I. The legislative authority of this State shall be vested in a GENERAL ASSEMBLY, which shall consist of a Senate and House of Representatives, both to be elected by the people.
SEC. 2. Within one year after the first meeting of the General Assembly, and within every subsequent term of four years, an enumer- ation of all the white male inhabitants above twenty-one years of age shall be made in such manner as shall be directed by law. The number of Representatives shall, at the several periods of making such enumer- ation, be fixed by the Legislature and apportioned among the several Counties, according to the number of white male inhabitants above twenty-one years of age in each, and shall never be less than twenty- four nor greater than thirty-six until the number of white male inhabi- tants above twenty-one years of age shall be twenty-two thousand; and after that event, at such ratio that the whole number of Representatives shall never be less than thirty-six nor exceed seventy-two.
SEC. 3. The Representatives shall be chosen annually, by the citi- zens of each County, respectively, on the second Tuesday of October.
SEC. 4. No person shall be a Representative who shall not have attained the age of twenty-five years, and be a citizen of the United
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THE BIOGRAPHICAL ANNALS OF OHIO.
The First Constitution of Ohio.
States and an inhabitant of this State; shall also have resided within the limits of the County in which he shall be chosen one year next pre- ceding his election, unless he shall have been absent on the public busi- ness of the United States, or of this State, and shall have paid a State or County tax.
SEC. 5. The Senators shall be chosen biennially, by the qualified voters for Representatives; and on their being convened in consequence of the first election, they shall be divided, by lot, from their respective Counties or Districts, as near as can be, into two classes : the seats of the Senators of the first class shall be vacated at the expiration of the first ·year, and of the second class at the expiration of the second year, so that one-half thereof, as near as possible, may be annually chosen forever thereafter.
SEC. 6. The number of Senators shall, at the several periods of making the enumeration, before mentioned, be fixed by the Legislature, and apportioned among the several Counties or Districts, to be estab- lished by law, according to the number of white male inhabitants of the age of twenty-one years in each, and shall never be less than one-third nor more than one-half of the number of Representatives.
SEC. 7. No person shall be a Senator who has not arrived at the age of thirty years, and is a citizen of the United States ; shall have re- sided two years in the County or District immediately preceding the election, unless he shall have been absent on the public business of the United States, or of this State; and shall, moreover, have paid a State or County tax.
SEC. 8. The Senate and House of Representatives, when assembled, shall each choose a Speaker and its other officers ; be judges of the quali- fications and elections of its members, and sit upon its own adjourn- ments ; two-thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the at- tendance of absent members.
SEC. 9. Each house shall keep a journal of its proceedings, and publish them; the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals.
SEC. 10. Any two members of either house shall have liberty to dissent from, and protest against, any act or resolution which they may think injurious to the public or any individual, and have the reasons of their dissent entered on the journals.
SEC. II. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause ; and shall have all other powers necessary for a branch of the Legisla- ture of a free and independent State.
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THE BIOGRAPHICAL ANNALS OF OHIO.
The First Constitution of Ohio.
SEC. 12. . When vacancies happen in either house, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies.
SEC. 13. Senators and Representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
SEC. 14. Each house may punish, by imprisonment, during their session, any person not a member who shall be guilty of disrespect to the house by any disorderly or contemptuous behavior in their presence; pro- vided such imprisonment shall not, at any one time, -......! twenty-four hours.
SEC. 15. The doors of each house, and of committee 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.
SEC. 16. Bills may originate in either house, but may be altered, amended, or rejected by the other.
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 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.
SEC. 18. The style of the laws of this State shall be: "Be it enacted by the General Assembly of the State of Ohio."
SEC. 19. The Legislature of this State shall not allow the fol- lowing officers of government greater annual salaries than as follows, until the year one thousand eight hundred and eight, to-wit: The Gov- ernor, not more than one thousand dollars; the Judges of the Supreme Court, not more than one thousand dollars each; the President 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 twen- ty-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
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THE BIOGRAPHICAL ANNALS OF OHIO.
The First Constitution of Ohio.
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this State which shall have been created or the emoluments of which shall have been increased during such time.
SEC. 21. No money shall be drawn from the treasury but in con- sequence of appropriations made by law.
SEC. 22. An accurate statement of the receipts and expenditures of the public money shall be attached to, and published with, the laws annually.
SEC. 23. The House of Representatives shall have the sole power of impeaching, but a majority of all the members must concur in an impeachment ; all impeachments shall be tried by the Senate; and when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to law and evidence; no person shall be con- victed without the concurrence of two-thirds of all the Senators.
SEC. 24. The Governor, and all other civil officers under this State, shall be liable to impeachment for any misdemeanor in office; but judg- ment in such case shall not extend further than removal from office and disqualification to hold any office of honor, profit, or trust under this State. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law.
SEC. 25. The first session of the General Assembly shall commence on the first 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 Consti- tution.
SEC. 26. No judge of any court of law or equity, Secretary of State, Attorney-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 United States, or any lucrative office under the authority of this State (provided that appointments in the militia or justices of the peace shall not be considered lucrative offices, shall be eligible as a candidate for, or have a seat in, the General Assembly.
SEC. 27. No person :1. '1 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 crected, 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 collector or holder of public moneys, shall have a seat in either house of the General Assembly until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable or liable.
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THE BIOGRAPHICAL ANNALS OF OHIO.
The First Constitution of Ohio.
ARTICLE II.
OF THE EXECUTIVE.
SECTION I. The supreme executive power of this State shall be vested in a Governor.
SEC. 2. The Governor shall be chosen by the electors of the mem- bers of the General Assembly, on the second Tuesday of October, at the same places and in the same manner that they shall respectively vote for members thereof. The returns of every election for Governor shall he , sealed up and transmitted to the seat of government by the returning officers, directed to the Speaker of the Senate, who shall open and pub- lish 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. Contested elections for Governor shall be determined by both houses of the General Assembly, in such manner as shall be pre- scribed by law.
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