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 8
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SEC. 26. That laws shall be passed by the Legislature which shall secure to each and every denomination of religious societies in each sur- veyed township, which now is or may hereafter be formed in the State, an equal participation, according to their number of adherents, of the profits, arising from the land granted by Congress for the support of religion, agreeably to the ordinance or act of Congress making the appro- priation.
SEC. 27. That every association of persons, when regularly formed, within this State, and having given themselves a name, may, on applica- tion to the Legislature, be entitled to receive letters of incorporation, to enable them to hold estates, real and personal, for the support of their schools, academies, colleges, universities, and for other purposes.
SEC. 28. To guard against the transgression of the high powers which we have delegated, we declare that all powers not hereby delegated remain with the people.
SCHEDULE. .. ,
SECTION I. That no evils or inconveniences may arise from the change of a territorial government to a permanent State government, it is declared by this convention that all rights, suits, actions, prosecutions, claims, and contracts, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government.
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
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THE BIOGRAPHICAL ANNALS OF OHIO.
The First Constitution of Ohio.
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 entitled "an act regulating the admission and practice of attorneys and counselors- 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 counselor- 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 districtsi in each County, on the second Tuesday of January next; which election shall be conducted in the manner prescribed by the existing election laws of this 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 election 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 Sen- ators and three Representatives ; the County of Belmont, one Senator and two Representatives; the County of Jefferson, two Senators and four Representatives ; and the County of Trumbull, one Senator and two Rep- resentatives.
Done in convention at Chillicothe, the twenty-ninth day of No- vember, 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.
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MARCUS A. HANNA.
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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, Garretson & 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 be- came a member of the firm of Rhodes & Co., engaged in the iron and coal busi- ness; at the expiration of ten years the title of this fint. 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; was president of the Union National Bank of Cleveland; president of the Cleve- land City Railway Company; was director of the Union Pacific Railway Com- pany 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 in 1896 and 1900; 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. Senator Hanna occupied a very prominent place among the leaders of the Senate. His advocacy of the Panama route for the isthmian canal, after the House of Representatives had by an over- whelming vote chosen the Nicaraguan route, resulted in a complete reversal of the program and the final choice of Panama; this is said to be one of the most remarkable legislative feats in the history of the United States Congress, and was the result alone of Senator Hanna's masterful presentation of the claims of Panama as compared with those of Nicaragua. Senator Hanna was chosen in January, 1904, to succeed himself in the United States Senate for the term commencing March 4, 1905, by the largest majority ever accorded a senatorial candidate by the legislature of Ohio. His speech of acceptance delivered to the General Assembly was looked upon as the benediction of one about to lay down the burdens of life, as indeed it proved to be, for his death followed one month later. Senator Hanna died February 15, 1904, in the city of Washington, and the funeral was held in Cleveland. His remains were deposited in the Wade mausoleum, Lake View Cemetery.
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THE BIOGRAPHICAL ANNALS OF OHIO.
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 Gov- ernor 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 members 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 legisla- ture 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, Jeremialı Morrow,
1 John Wilson,
Charles Willing Byrd,
William Goforth, John Smith, John Reily,
John - Browne,
John Kitchel.
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THE BIOGRAPHICAL ANNALS OF OHIO.
Notes on the Constitutional Convention of 1802.
JEFFERSON COUNTY.
Rudolph Blair, John Milligan, George Humphrey, Bazaleel, Wells, Nathan Updegraff.
ROSS COUNTY.
Edward Tiffin, Nathaniel Massie, Thomas Worthington. Michael Baldwin, James Grubb.
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TRUMBULL COUNTY.
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Samuel Huntington.
David AL ...
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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.
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William McFarland was elected assistant secretary, and ordered to attend the Committee on Preamble and First Article.
Adam Betz aws elected door-keepe rat $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, voting in the negative, solitary and alone." (Burnett's Notes on the Northwest Terri- tory 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 con- vention, manifested no disposition to interfere with the progress of the Territory toward statehood. (See Burnett quoted.).
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THE BIOGRAPHICAL ANNALS OF OHIO.
Notes on the Constitutional Convention of 1802.
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.
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 moviss in Section in of Article I, pro hibiting 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 31.
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 forbids slavery or involuntary servitude in this state, was defeated over- whelmingly, by a vote of yeas 2, nays 31.
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 striking 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, o- 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 :
"Provided, that all male negroes and mulattoes, now residing in this territory, shall be entitled to the rights 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, Darlin- ton, 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, Cald- well, Capenter, 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 residents.
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THE BIOGRAPHICAL ANNALS OF OHIO.
Notes on the Constitutional Convention of 1802.
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, 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, Grabb, Humphrey, Kirker, Massic, Meintire, Milligan, Morrow, Smith, Tiffin, Woods and Worthington-19.
Nays-Abbot, Browne, Cutler, Gatch; Gilman, Goforth, Huntington, 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 constitution. 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. Donaldson, who had opposed the proposition on the twenty-second, refrained from voting on the question 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 proposition before), and Milligan (who had voted to incorporate it in the article),
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THE BIOGRAPHICAL ANNALS OF OHIO.
Notes on the Constitutional Convention of 1802.
voted with the friends of the negro, and caused the amendment to be made. President Tiffin, who had voted for the incorporation of the section 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 defeated. (P. 36.)
By a vote of 20 to 13, the convention inserted a provision in Section 2, Article VIII, prohibitng 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 can not · help expressing their unequivocal approbation of the measures pursued by the · present administration of the general government ,and both Houses of Congress, in diminishing the public burthens, cultivating peace with all nations, and producing the happiness and prosperity of our country.
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CHARLES DICK.
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CHARLES DICK.
Charles Dick, Republican, of Akron, was born at Akron November 3, 1858; educated in public schools; was store clerk, bank bookkeeper and teller; later grain commission merchant; served two terms as auditor, Summit County; in 1894 was admitted to The bar; was long maior and Mouththecolour of the Eighth Regiment, Ohio National Guard, being subsequently elected brigadier- general, and now serving as major-general; was several years member and three times chairman Republican County Executive Committee; served as chairman of Ohio Republican State Executive Committee in campaigns of 1892, 1893, 1894, 1899, 1900, 1901, 1902 and 1903; was closely associated with Senator Hanna in preliminary canvass for McKinley's nomination, serving as secretary at Chi- cago headquarters of the Republican National Committee during subsequent campaign; secretary Republican National Committee from March, 1897, to July, 1900; was chosen delegate to represent Nineteenth Ohio district in Republican National conventions of 1892 and 1896, and one of the delegates-at-large to rep. resent Ohio in the Republican National conventions of 1900 and 1904; was en- gaged in active service with his regiment during Spanish-American war; re- turning from Cuba, upon the death of Hon. S. A. Northway in 1898, was elected to Congress from the Nineteenth Ohio district for the short and long terms; was twice re-elected, serving in the Fifty-fifth, Fifty-sixth, Fifty-seventh and Fifty- eighth Congresses; as chairman of the Committee on the Militia and member of the Committee on Military Affairs, secured enactment of what is known as the Dick Militia Law; is President of Interstate National Guard Association; was unanimously chosen United States Senator by the Republicans of the Seventy- sixth Ohio General Assembly for the short and long terms, to fill the vacancy caused by the death of Senator M. A. Hanna, February 15, 1904. Address, Akron, Ohio.
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THE BIOGRAPHICAL ANNALS OF OHIO.
THE SECOND CONSTITUTIONAL CONVENTION OF THE STATE OF OHIO.
(1850-I.)
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 members 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 constitution 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 Ruben 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 Stanberry.
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.
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THE BIOGRAPHICAL ANNALS OF OHIO.
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 FT. I N. Giliai
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-William 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 Clay- pool.
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 Blickensderfer.
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.
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THE BIOGRAPHICAL ANNALS OF OHIO.
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.
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THE SECOND (PRESENT) CONSTITUTION OF THE STATE OF OHIO.
(DONE IN CONVENTION AT CINCINNATI. MARCH 10, 1851.) As Amended and in force July, 1904.
W E the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this constitution.
ARTICLE I.
BILL OF RIGHTS.
SEC. 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. Govern- ment 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 necessary ; 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 represen- tatives ; and to petition the General Assembly for the redress of grievances.
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 sub- ordination to the civil power.
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