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 7
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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
SEC. 3. The first Governor shall hold his office until the first Mon- day of December, one thousand eight hundred and five, and until another Governor shall be elected and qualified to office; and forever after, the Governor shall hold his office for the term of two years, and until an- other Governor shall be elected and qualified; but he shall not be eligible more than six years in any term of eight years. He shall be at least thirty years of age, and have been a citizen of the United States twelve years, and an inhabitant of this State four years next preceding his elec- tion.
SEC. 4. He shall, from time to time, give to the General Assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient.
SEC. 5. He shall have the power to grant reprieves and pardons, after conviction, except in cases of impeachment.
SEC. 6. The Governor shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the term for which he shall have been elected.
SEC. 7. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed.
SEC. 8. When any officer, the right of whose appointment is, by this Constitution, vested in the General Assembly, shall during the recess, die, or his office by any means become vacant, the Governor shall have
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power to fill such vacancy, by granting a commission, which shall ex- pire at the end of the next session of the Legislature.
SEC. 9. He may, on extraordinary occasions, convene the General Assembly, by proclamation, and shall state to them, when assembled, the purposes for which they shall have been convened.
SEC. 10. He shall be Commander-in-Chief of the army and navy of this' State, and of the militia, except when they shall be called into the service of the United States.
SEC. II. In case of disagreement between the two houses with respect to the time of adjournment, the Governor shall have the power to adjourn the General Assembly to such a time as he thinks proper; provided it be not a period beyond the annual meeting of the Legis- lature.
SEC. 12. In case of the death, impeachment, resignation, or removal of the Governor from office, the Speaker of the Senate, shall exercise the office of Governor until he be acquitted or another Governor shall be duly qualified. In case of the impeachment of the Speaker of the Senate, or his death, removal from office, resignation, or absence from the State, the Speaker of the House of Representatives shall succeed to the office, and exercise the duties thereof, until a Governor shall be elected and qualified.
SEC. 13. No member of Congress, or person holding any office under the United States, or this State, shall execute the office of Gov- ernor.
SEC. 14. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called "THE GREAT SEAL OF THE STATE OF OHIO."
SEC. 15. All grants and commissions shall be in the name and by the authority of the State of Ohio, sealed with the seal, signed by the Governor and countersigned by the secretary.
SECRETARY OF STATE.
SEC. 16. A Secretary of State shall be appointed by a joint ballot of the Senate and House of Representatives, who shall continue in office three years, if he shall so long behave himself well: he shall keep a fair register of the official acts and proceedings of the Governor; and shall, when required, lay the same, and all papers, minutes, and vouchers rela- tive thereto, before either branch of the Legislature; and shall perform such other duties as shall be assigned him by law.
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ARTICLE III.
OF THE JUDICIARY.
SECTION . I. The judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, in Courts of Com- mon Pleas for each County, in Justices of the Peace, and in such other courts as the Legislature may, from time to time, establish.
SEC. 2. The Supreme Court shall consist of three Judges, any . two of whom shall be a quorum. They shall have original and appellate jurisdiction. both in common law and chancery, in such cases as shall be directed by law; providing that nothing herein contained shall pre- vent the General Assembly from adding another Judge to the Supreme Court after the term of five years, in which case the Judges may divide the State into two circuits, within which any two of the Judges may hold a court.
SEC. 3. The several Courts of Common Pleas shall consist of a President and Associate Judges. The State shall be divided, by law, into three circuits: there shall be appointed in each circuit a President of the courts, who, during his continuance in office, shall reside there- in. There shall be appointed in each County not more than three nor less than two Associate Judges, who, during their continuance in office, shall reside therein. The President and Associate Judges, in their respective Counties, any three of whom shall be. a quorum, shall com- pose the Court of Common Pleas; which court shall have common law and chancery jurisdiction in all such cases as shall be directed by law : provided, that nothing herein contained shall be construed to prevent the Legislature from increasing the number of circuits and Presidents after the term of five years.
SEC. 4. The Judges of the Supreme Court and Courts of Common Pleas shall have complete criminal jurisdiction in such cases and in such manner as may be pointed out by law.
SEC. 5. The Court of Common Pleas in each County shall have jurisdiction of all probate and testamentary matters, granting adminis- tration, the appointment of guardians, and such other cases as shall be prescribed by law.
SEC. 6. The Judges of the Court of Common Pleas shall, within their respective Counties, have the same powers with the Judges of the Supreme Court to issue writs of certiorari to the Justices of the Peace, and to cause their proceedings to be brought before them, and the like right and justice to be done.
SEC. 7. The Judges of the Supreme Court shall, by virtue of offices, be conservators of the peace in their respective circuits; and Presidents
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of the Courts of Common Pleas shall, by virtue of their offices, be con- servators of the peace in their respective circuits; and the Judges of the Courts of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective Counties.
SEC. '8. The Judges of the Supreme Court, the Presidents and the Associate Judges of the Courts of Common Pleas shall be appointed by a joint ballot of both houses of the General Assembly, and shall hold their offices for the term of seven years, if so long they behave well. The Judges of the Supreme Court and the Presidents of the Courts of Com- mon Pleas shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this State or the United States.
SEC. 9. Each court shall appoint its own clerk, for the term of seven years ; but no person shall be appointed clerk, except pro tempore, · who shall not produce to the court appointing him a certificate from a majority of the Judges of the Supreme Court that they judge him to be well qualified to execute the duties of the office of clerk to any court of the same dignity with that for which he offers himself. They shall be · removable for breach of good behavior at any time by the Judges of the respective courts. -
SEC. 10. The Supreme Court shall be held once a year in each County, and the Courts of Common Pleas shall be holden in each County at such times and places as shall be prescribed by law.
SEC. II. A competent number of Justices of the Peace shall be elected by the qualified electors in each township in the several counties, and shall continue in office three years, whose powers and duties shall, from time to time, be regulated and defined by law.
SEC. 12. The style of all process shall be, "The State of Ohio;" all prosecutions shall be carried on in the name and by the authority of the State of Ohio; and all indictments shall conclude, "against the peace and dignity of the same."
ARTICLE IV.
OF ELECTIONS AND ELECTORS.
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SECTION I. In all elections, all white male inhabitants above the age of twenty-one years, having resided in the State one year next pre- ceding the election, and who have paid or are charged with a State or County tax, shall enjoy the right of an elector ; but no person shall be
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entitled to vote except in the County or District in which he shall actually reside at the time of the election.
SEC. 2. All elections shall be by ballot.
SEC. 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elec- tions, and in going to and returning from the same.
SEC. 4. The Legislature shall have full power to exclude from the privilege of electing, or being elected, any person convicted of bribery, perjury, or any other infamous crime.
SEC. 5. Nothing contained in this article shall be so construed as to prevent white male persons above the age of twenty-one years who are compelled to labor on the roads of their respective townships in Counties, and who have resided one year in the State, from having the right of an elector.
ARTICLE V.
OF THE MILITIA OFFICERS.
SECTION I. Captains and Subalterns in the militia shall be elected by those persons, in their respective company districts, subject to military duty.
SEC. 2. Majors shall be elected by the Captains and Subalterns of the battalion.
SEC. 3. Colonels shall be elected by the Majors, Captains, and Sub- alterns of the regiment.
SEC. 4. Brigadiers-General shall be elected by the commissioned officers of their respective brigades.
SEC. 5. Majors-General and Quartermasters-General shall be ap- pointed by joint ballot of both houses of the Legislature.
SEC. 6. The Governor shall appoint the Adjutant-General. The Majors-General shall appoint their aids and other division staff officers. The Brigadiers-General shall appoint their Brigade Majors and other brigade staff officers. The commanding officers of regiments shall ap- point their Adjutants, Quartermasters, and other regimental staff officers ; and the Captains and Subalterns shall appoint their non-commissioned officers and musicians.
SEC. 7. The Captains and Subalterns of the artillery and cavalry shall be elected by the persons enrolled in their respective corps; and the Majors and Colonels shall be appointed in such a manner as shall be directed by law. The Colonels shall appoint their regimental staff ; and the Captains and Subalterns their non-commissioned officers and musicians.
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ARTICLE VI ..
OUR CIVIL OFFICERS.
SECTION I. There shall be elected in each County one Sheriff and one Coroner by the citizens thereof who are qualified to vote for mem- bers of the Assembly ; they shall be elected at the time and place of hold- ing elections for members of Assembly; they shall continue in office two years, if they shall so long behave well, and until successors be chosen and duly qualified; provided, that no person shall be eligible as Sheriff for a longer term than four years in any term of six years.
SEC. 2. The State Treasurer and Auditor shall be triennially ap- pointed by a joint ballot of both houses of the Legislature.
SEC. 3. All town and township officers shall be chosen annually by the inhabitants thereof duly qualified to vote for members of Assembly, at such time and place as may be directed by law.
SEC. 4. The appointment of all civil officers not otherwise directed by this Constitution, shall be made in such manner as may be directed by law.
ARTICLE VII.
OFFICIAL OATHS.
SECTION I. Every person who shall be chosen or appointed to any office of trust or profit under the authority of this State, shall, before the entering on the execution thereof, take an oath or affirmation to support the Constitution of the United States and of this State, and also an oath of office:
BRIBERY AT ELECTIONS.
SEC. 2. Any elector who shall receive any gift or reward for his vote, in meat, drink, money, or otherwise, shall suffer such punish- ment as the law shall direct; and any person who shall, directly or indirectly, give, promise, or bestow any such reward to be elected, shall thereby be rendered incapable for two years to serve in the office for which he was elected, and be subject to such other punishment as shall be directed by law.
OF NEW COUNTIES.
SEC. 3. No new County shall be established by the General As- sembly whichi' shall reduce the County or Counties or either of them,
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from which it shall be taken to less contents than four hundred square miles; nor shall any County be laid off of less contents. Every new County, as to the right of suffrage and representation, shall be con- sidered as a part of the County or Counties from which it was taken until entitled by numbers to the right of representation.
ON THE SEAT OF GOVERNMENT.
SEC. 4. Chillicothe shall be the seat of government until the year one thousand eight hundred and eight. No money shall be raised until the year one thousand eight hundred and nine by the Legislature of this State for the purpose of erecting public buildings for the accommoda- tion of the Legislature.
OF THE AMENDMENTS TO THE CONSTITUTION. .
SEC. 5. That after the year one thousand eight hundred and six, whenever two-thirds of the General Assembly shall think it necessary to amend or change this Constitution, they shall recommend to the electors, at the next election for members to the General Assembly, to vote for or against a convention; and if it shall appear that a majority of the citizens of the State voting for Representative have voted for a convention, the General Assembly shall, at their next session, call a convention, to consist of as many members as there be in the General Assembly, to be chosen in the same manner, at the same place, and by the same electors that choose the General Assembly; who shall meet within three months after the said election, for the purpose of revising, amending, or changing the Constitution. But no alteration of this Constitution shall ever take place so as to introduce slavery or involun- tary servitude into this State.
BOUNDARIES OF THE STATE.
SEC. 6. That the limits and boundaries of this State be ascer- tained, it is declared that they are as hereafter mentioned; that is to say : bounded on the east by the Pennsylvania line; on the south by the Ohio River to the mouth of the Great Miami River; on the west by the line drawn due north from the mouth of the Great Miami aforesaid ; and on the north by an east and west line drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north line aforesaid from the mouth of the Great Miami, until it shall intersect Lake Erie, or the territorial line, and thence with the same, through Lake Erie, to the Pennsylvania line aforesaid ; provided, always, and it is hereby fully understood and declared by this con-
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vention, that if the southerly bend or extreme of Lake Michigan should extend so far south that a line drawn due east from it should not intersect Lake Erie, or if it should intersect the said Lake Erie east of the mouth of the Miami River of the lake, then and in that case with the assent of the Congress of the United States, the northern boundary of this State shall be established by, and extend to, a direct line running from the southern extremity of Lake Michigan to the most northerly cape of the Miami Bay, after intersecting the due north line from the mouth of the Great Miami River as aforesaid, thence northeast to the territorial line, and, by said territorial line, to the Pennsylvania line.
ARTICLE VIII.
BILL OF RIGHTS.
That the general great and essential principles of liberty and free government may be recognized and forever unalterably established, we declare-
SECTION I. That all men are born equally free and independent, and have certain natural inherent and unalienable rights, amongst which are theenjoying and efending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtained happiness and safety ; and every free republican government being founded on their sole authority, and organized for the great purpose of protecting their rights and liberties, and securing their independence-to effect these · ends, they have at all times a complete power to alter, reform or abolish their government whenever they may deem it necessary.
SEC. 2. There shall be neither slavery nor involuntary servitude in this State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any inale person arrived at the age of twenty-one years or female person arrived at the age of eighteen years, be held to serve any person as a servant under the pretense of indenture or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration received, or to be received for their service, except ås before excepted. Nor shall any indenture of any negro or mulatto hereafter made and executed out of the State, or, if made in the State where the term of servitude exceeds one year, be of the least validity, except those given in the case of apprenticeships.
SEC. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of conscience; that no human authority can, in any case whatever, control or interfere with the rights of conscience; that no man shall be compelled to attend, erect, or
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support any place of worship, or to maintain any ministry against his consent ; and that no preference shall ever be given by law to any religious society or mode of worship, and no religious test shall be required as a qualification to any office of trust or profit. But religion, morality, and knowledge being essentially necessary to good government and the happi- ness of mankind, schools and the means of instruction shall forever be encouraged by legislative provision not inconsistent with the rights of conscience.
SEC. 4. Private property ought, and shall ever be held inviolate, but always subservient to the public welfare, provided a compensation in money be made to the owner.
SEC. 5. That the provle shall be secure in their persona, houses, papers and possessions 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 offenses are not particularly described, and without oath or affirmation, are dangerous to liberty, and shall not be granted.
SEC. 6. That the printing presses shall be open and free to every citizen who wishes to examine the proceedings of any branch of govern- ment, 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 publication 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.
SEC. 7. That all courts shall be open, and every person, for an injury done 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.
SEC. 8. That the right of trial by jury shall be inviolate.
SEC. 9. That no power of suspending laws shall be exercised unless by the Legislature.
SEC. IO. That no person arrested or confined in jail shall be treated with unnecessary rigor or be put to answer any criminal charge but by presentment, indictment, or impeachment.
SEC. II. 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 accusations against him and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses
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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 offense shall have been committed; and shall not be compelled to give evidence against himself, nor shall he be twice put in jeopardy for the same offense.
· SEC. 12. That all persons shall be bailable 'by sufficient sureties, unless for capital offenses where the proof is evident or the presumption great; and 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.
SEC.' 13. Excessive bail shall not be required : excessive fines shall not be imposed ; nor cruel and unusual punishment inflicted.
SEC. 14. All penalties shall be proportioned to the nature of the offense. 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 undisguised severity is exerted against all offenses, the people are led' to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the slightest offenses. 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.
SEC. 15. The person of a debtor, where there is not strong pre- sumption 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. 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.
SEC. 17. That no person shall be liable to be transported out of · this State for any offense committed within the State.
SEC. 18. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty.
SEC. 19. That the people have a right to assemble together in a peaceable manner to consult for their common good to instruct their Representatives, and to apply to the Legislature for a redress of griev- ances.
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.
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.
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SEC. 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. .
SEC. 23. That the levying of taxes by the poll is grievous and oppressive; therefore the Legislature shall never levy a poll tax for County or State purposes.
SEC. 24. That no hereditary emoluments, privileges, or honors shall ever be granted or conferred by this State.
SEC. 25. That no law shall be passed to prevent the poor in the several Counties and townships within this State from an equal participa- tion 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.
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