USA > Ohio > The biographical annals of Ohio, 1906-1907-1908. A handbook of the government and institutions of the state of Ohio. > Part 12
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SEC. 15. Until otherwise provided by law, elections for judges and clerks shall be held, and the poll-books returned, as is provided for gov- ernor, and the abstract therefrom, certified to the secretary of state, shall be by him opened, in the presence of the governor, who shall declare the result, and issue commissions to the persons elected.
SEC. 16. Where two or more counties are joined in a senatorial, representative, or judicial district, the returns of election shall be sent to the county, having the largest population.
SEC. 17. The foregoing constitution shall be submitted to the elec- tors of the state, at an election to be held on the third Tuesday of June, one thousand eight hundred and fifty-one, in the several election districts of this state. The ballots at such election shall be written or printed as follows: Those in favor of the constitution, "New constitution, Yes ;" those against the constitution, "New constitution, No." The polls at said election shall be opened between the hours of eight and ten o'clock A. M., and closed at six o'clock P. M .; and the said election shall be con- ducted, and the returns thereof made and certified, to the secretary of state, as provided by law for annual elections of state and county officers. Within twenty days after such election, the secretary of state shall open
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The Second Constitution of the State of Ohio.
the returns thereof, in the presence of the governor ; and, if it shall appear that a majority of all the votes, cast at such election, are in favor of the constitution, the governor shall issue his proclamation, stating that fact, and said constitution shall be the constitution of the state of Ohio, and not otherwise.
SEC. 18. At the time when the votes of the electors shall be taken for the adoption or rejection of this constitution, the additional section, in the words following, to-wit: "No license to traffic in intoxicating liquors shall hereafter be granted in this state; but the General Assembly may, by law, provide against evils resulting therefrom," shall be separately submitted to the electors for adoption or rejection, in form following, to-wit: A separate ballot may be given by every elector and deposited in a separate box. Upon the ballots given for said separate amend- ment shall be written or printed, or partly written and partly printed, the words: "License to sell intoxicating liquors, Yes;" and upon the ballots given against said amendment, in like manner, the words: "License to sell intoxicating liquors, No." If, at the said election, a majority of all the votes given for and against said amendment, shall contain the words: "License to sell intoxicating liquors, No," then the said amend- ment shall be a separate section of article fifteen of the constitution. ยท
SEC. 19. The apportionment for the house of representatives, dur- ing the first decennial period under this constitution, shall be as fol- lows :
The counties of Adams, Allen, Athens, Auglaize, Carroll, Cham- paign, Clark, Clinton, Crawford, Darke, Delaware, Erie, Fayette, Gal- lia, Geauga, Greene, Hancock, Harrison, Hocking, Holmes, Lake, Law- rence, Logan, Madison, Marion, Meigs, Morrow, Perry Pickaway, Pike, Preble, Sandusky, Scioto, Shelby, and Union, shall, severally, be en- titled to one representative, in each session of the decennial period.
The counties of Franklin, Licking, Montgomery, and Stark, shall each be entitled to two representatives, in each session of the decennial period.
The counties of Ashland, Coshocton, Highland, Huron, Lorain, Mahoning, Medina, Miami, Portage, Seneca, Summit, and Warren, shall, severally, be entitled to one representative, in each session and one ad- ditional representative in the'fifth session of the decennial period.
The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, Guernsey, Jefferson, Knox, Monroe, Morgan, Richland, Trumbull, Tus- carawas, and Washington shall, severally, be entitled to one representa- tive, in each session ; and two additional representatives, one in the third, and one in the fourth session of the decennial period.
The counties of Belmont, Columbiana, Ross and Wayne, shall, sev-
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The Second Constitution of the State of Ohio.
erally, be entitled to one representative, in each session; and three ad- ditional representatives, one in the first, one in the second, and one in the third session of the decennial period.
The county of Muskingum shall be entitled to two representatives, in each session; and one additional representative, in the fifth session, of the decennial period.
The county of Cuyahoga shall be entitled to two representatives, in each session; and two additional representatives, one in the third, and one in the fourth session of the decennial period.
The county of Hamilton shall be entitled to seven representatives, in each session; and four additional representatives, one in the first, one in the second, one in the third, and one in the fourth session, of the decennial period.
The following counties, until they shall have acquired a sufficient population to entitle them to elect, separately, under the fourth section of the eleventh article, shall form districts in manner following, to-wit: The counties of Jackson and Vinton, one district; the counties of Lucas and Fulton, one district; the counties of Wyandot and Hardin, one dis- trict ; the counties of Mercer and Van Wert, one district; the counties of Paulding, Defiance, and Williams, one district; the counties of Putnam and Henry, one district ; and the counties of Wood and Ottawa, one dis- trict; each of which districts shall be entitled to one representative, in every session of the decennial period.
Done in convention, at Cincinnati, the tenth day of March, in the year of our Lord, one thousand eight hundred and fifty-one, and of the independence of the United States, the seventy-fifth.
WILLIAM MEDILL, President.
Attest: WM. H. GILL, Secretary.
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THE BIOGRAPHICAL ANNALS OF OHIO.
The Second Constitution of the State of Ohio.
TIME, CHARACTER AND VOTE ON AMENDMENTS.
Article 2, section 2-as amended October 13th, 1885-"Relative to election of Senators and Representatives in November." Vote; "Yes," 538,858; "No," 53,177, and total vote cast, 733,967.
Article 2, section 16-as amended November 3, 1903,-"Governor's Veto." Vote "For," 458,681 ; "Against," 338,317, and total vote cast, 877,203.
Article 3, section I-as amended October 13, 1885-"Relative to election of State officers in November." Vote "For," 536,273 ; "Against," 53,223, and total vote cast, 733,967.
Article 4, section 1, 2 and 6-as amended October 9, 1883- "Judiciary amendment," amending sections 1, 2 and 6 and sections 5 and II are repealed. Vote, "Yes," 400,919; "No," 144,335, and total vote cast, 721,310.
Article 4, section 22-additional section adopted October 12, 1875- "Providing for commission." Vote, "For," 339,076; "Against," 98,561, and total vote cast, 595,248.
Article 10, section 2-as amended October 13, 1885-"Relative to election of County officers in November." Vote, "Yes," 534,669; "No," 53,629, and total vote cast 733,967.
Article 10, section 4-amended October 13, 1885-"Relative to elec- tion of Township officers." Vote, "Yes," 469,113; "No," 59,929, and to- tal vote cast, 733,967.
Article II, section 2-as amended November 3, 1903-"County Rep- resentation to section 2, article II, of the Constitution." Vote, "For," 757,505 ; "Against," 26,497, and total vote cast, 877,203.
Article 12, section 2-as amended November 7, 1905-"Exemption of State, County, Township, Municipal and School Bonds from taxation amendment." Vote, "Yes," 655,508; "No," 139,062, total vote cast, 961,505.
Article 13, section 3-as amended November 3, 1903-"Single Liabil- ity Amendment." Vote, "For," 751,783; "Against," 30,988, and total vote cast, 877,203.
Article 15, section 9-additional section adopted June 17, 1851- "License." Vote, "For," 104.255; "Against," 113,237 At the time of submitting the Ohio Constitution to the voters, on June 17, 1851, the proposition of licensing, trafficing in intoxicating liquors was submitted separately, and resulted in the adoption of section 9 of article 15.
Article 17, section 1, 2 and 3 -- adopted November 7, 1905-"Biennial Elections Amendment to be designated Article XVII." Vote, "Yes," 702,699 ; "No," 90,762, total vote cast, 961,505.
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THE BIOGRAPHICAL ANNALS OF OHIO.
THE THIRD CONSTITUTIONAL CONVENTION OF THE STATE OF OHIO.
(1872.)
P URSUANT to an act of the General Assembly, delegates were elected to a third constitutional convention in October, 1872, and met in the Hall of the House of Representatives in May, 1873. The constitution reported by this convention failed of adoption when it was submitted to the vote of the people, and the constitution of 1851 was undisturbed in its position as the organic law of the State of Ohio -except for such amendments as have been noted from time to time.
The membership of this convention was as follows :
ADAMS COUNTY .- Thomas J. Mullen.
ALLEN COUNTY .- Theodore E. Cunningham. ,
ASHLAND COUNTY .- George W. Hill.
AUGLAIZE COUNTY .- W. V. M. Layton.
ATHENS COUNTY .- Rudolph De Steiguer.
ASHTABULA COUNTY .- H. B. Woodbury. BELMONT COUNTY .- Daniel D. T. Cowen. BROWN COUNTY .- Chilton A. White. BUTLER COUNTY .- Lewis D. Campbell.
CARROLL COUNTY .- William Adair. CHAMPAIGN COUNTY .- John H. Young. CLARK COUNTY .- John H. Blose. CLERMONT COUNTY .- John Shane. CLINTON COUNTY .- A. W. Doan.
COLUMBIANA COUNTY .- James W. Reilly.
COSHOCTON COUNTY .- William Sample.
CRAWFORD COUNTY .- Thomas Beer.
CUYAHOGA COUNTY .- Sherlock J. Andrews, Jacob Mueller, Amos Townsend, Martin A. Foran and Seneca O. Griswold.
DEFIANCE AND PAULDING COUNTIES .- Jacob J. Green.
DARKE COUNTY .- George D. Miller.
DELAWARE COUNTY .- Thomas W. Powell.
ERIE COUNTY .- Joseph M. Root.
FAIRFIELD COUNTY .- Thomas Ewing, Jr. FAYETTE COUNTY .- Mills Gardner.
FRANKLIN COUNTY .- Llewellyn Baber and John J. Rickley. FULTON COUNTY .- Ozias Merrill.
GALLIA COUNTY .- John W. McCormick.
GEAUGA COUNTY .- Peter Hitchcock.
9-B. A.
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GREENE COUNTY .- Thomas P. Townsley. GUERNSEY COUNTY .- Charles J. Albright.
HAMILTON COUNTY .- John W. Herron, George Hoadley, Rufus King, Richard M. Bishop, Josiah L. Keck, Joseph P. Carbery, Samuel F. Hunt, Charles W. Rowland, Julius Freiburg, Elias H. Johnson.
HANCOCK COUNTY .- A. P. Byal.
HARDIN COUNTY .- William H. Philips.
HARRISON COUNTY .- William G. Waddle.
HENRY COUNTY .- A. H. Tyler.
HIGHLAND COUNTY .- John A. Smith. HOCKING COUNTY .- Alexander White. HOLMES COUNTY .- Carolus F. Vorhes. HURON COUNTY .- Cooper K. Watson.
JACKSON COUNTY .- James Tripp.
JEFFERSON COUNTY .- Samuel W. Clark.
KNOX COUNTY .- Richard S. Tullos.
LAKE COUNTY .- Perry Bosworth. LAWRENCE COUNTY .- Henry S. Neal.
LICKING COUNTY .- William P. Kerr.
LOGAN COUNTY .- William H. West. LORAIN COUNTY .- John C. Hale.
LUCAS COUNTY .- Morrison R. Waite and Charles H. Scribner. MADISON COUNTY .- Charles Phellis.
MAHONING COUNTY .- David M. Wilson.
MARION COUNTY .- W. E. Scofield.
MEDINA COUNTY .- Samuel Humphreyville.
MEIGS COUNTY .- Daniel A. Russell.
MERCER COUNTY .- Thomas J. Godfrey.
MIAMI COUNTY .- G. Volney Dorsey. MONROE COUNTY .- William Okey. MONTGOMERY COUNTY .- Adam Clay and Emanuel Schultz.
MORGAN COUNTY .- Francis B. Pond.
MORROW COUNTY .- John J. Gurley.
MUSKINGUM COUNTY .- Charles C. Russell and Daniel Van Voorhis. NOBLE COUNTY .- William J. Young.
OTTAWA COUNTY .-- Adolphus Kraemer. PERRY COUNTY .- Lyman J. Jackson. PICKAWAY COUNTY .- Henry F. Page.
PIKE COUNTY .- John L. Caldwell. PORTAGE COUNTY .- Josephi D. Horton.
PREBLE COUNTY .- David Barnet. PUTNAM COUNTY .- Samuel P. Weaver.
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The Third Constitutional Convention of the State of Ohio.
RICHLAND COUNTY .-- Barnabas Burns. Ross COUNTY .- Milton L. Clark. SANDUSKY COUNTY .- J. S. Van Valkenburgh.
SCIOTO COUNTY .- James W. Bannon. SENECA COUNTY .- John D. O'Connor. SHELBY COUNTY .- Edmund Smith. STARK COUNTY .- Anson Pease and James C. Hostetter.
SUMMIT COUNTY .-- Alvin C. Voris.
TRUMBULL COUNTY .- George M. Tuttle. TUSCARAWAS COUNTY .- Charles H. Mitchener.
UNION COUNTY .- John B. Coats. VAN WERT COUNTY .- Isaac N. Alexander. VINTON COUNTY .- Harvey Wells. WARREN COUNTY .- Thomas F. Thompson.
WASHINGTON COUNTY .- Harlow Chapin. WAYNE COUNTY .- John K. McBride. WILLIAMS COUNTY .- Albert M. Pratt.
WOOD COUNTY .- Asher Cook. WYANDOT COUNTY .- John D. Sears. MORRISON R. WAITE, President.
LEWIS D. CAMPBELL, Vice-President. D. W. RHODES, Secretary.
R. F. HURLBUTT, First Assistant Secretary.
D. S. FISHER, Second Assistant Secretary. Jos. GUTZWILLER, Third Assistant Secretary. ALLEN O. MYERS, Fourth Assistant Secretary.
J. B. WILBUR, Sergeant-at-Arms. JAS. MORGAN, First Assistant Sergeant-at-Arms. F. BLENKNER, Second Assistant Sergeant-at-Arms. CHARLES RHODES, Postmaster.
J. G. ADEL, Official Recorder. AMOS LAYMAN, Reviser of Reports and Proofs.
J. V. LEE, Assistant Official Reporter. B. P. GAINES, Assistant Official Reporter. N. F. DEAN, Assistant Official Reporter. CHARLES FLOWERS, Assistant Official Reporter. FRED MEAKIN, Assistant Official Reporter.
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PART TWO
THE LEGISLATIVE DEPARTMENT OF THE TERRITORIAL AND STATE GOVERNMENTS.
(133)
TABLE OF CONTENTS-PART TWO.
Page.
Introductory (1787-1788) 135
The First Legislative Council of the Northwest Territory (1788) 136
The Second Legislative Council (1789) 138
The Third Legislative Council (1790) 139
The Laws of 1791 140
The Laws of 1792 141
The Laws of 1795 ("The Maxwell Code") 142
The Fourth Legislative Council (1797) 145
The Fifth Legislative Council (1798) . 146
The First Session of the First Territorial Legislature
147
The Second Session of the First Territorial Legislature
152
The First Session of the Second Territorial General Assembly
158
The Question of the Boundary of the State 163
The General Assembly of the State of Ohio (1803-1904). Introductory 164
A Table Showing the Membership of the Ohio Senate (1803-1904) 165
A Table Showing the Membership of the Ohio House of Representatives (1803-1904) 201
An Alphabetical List of Members of the General Assembly (1803-1906) with
location and period of service 253
The 77th General Assembly and its Membership. 343
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INTRODUCTORY.
R EFERENCE to the Ordinance of 1787, which is reproduced in Part One of this volume, will discover to the reader that the legislative function of the territorial government in its first stage of development, and until there should be five thousand free male inhab- itants of full age in the district, was lodged in the Governor of the Ter- ritory and the judges of the General (or Territorial) Court, or, any two of the Judges and the Governor.
The power of this legislative body is specifically declared in these words of the third paragraph of the Ordinance:
"The governor and judges, or a majority of them, shall adopt and publish in the district, such laws OF THE ORIGINAL STATES, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress from time to time, which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress ; but afterward the legislature shall have authority to alter them as they shall think fit."
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THE BIOGRAPHICAL ANNALS OF OHIO.
THE FIRST LEGISLATIVE COUNCIL OF THE NORTHWEST TERRITORY.
T HE Ordinance was adopted by the Congress, July 13, 1787, and the first officers for the territory northwest of the River Ohio were elected by the same body in October. They were: Gover- nor, Major General Arthur St. Clair, elected October 5 (Pennsyl- vania) ; Secretary, Major Winthrop Sargent, elected October 5; Judges, General Samuel Holden Parsons, elected October 17 (Connec- ticut) ; General James Mitchell Varnum, elected October 17 (Rhode Island) ; Colonel John Armstrong, elected October 17 (Pennsylvania) ; Lieutenant Colonel Return Jonathan Meigs, Jr., elected February 19, 1788.
Colonel Armstrong declined the post tendered to him by the Con- gress and did not come to Ohio. Judge Meigs was elected to fill the vacancy.
Although these officers were appointed in the fall and winter of 1787-8, there was no settlement of the new country until the arrival of the Mayflower with a party of forty-six New England emigrants, at the mouth of the Muskingum river, on the seventh day of April, 1788. In the absence of the constituted authority, Colonel Return Jonathan . Meigs, father of the judge of that name, drew up a code of rules on a sheet of ordinary foolscap, which he published by tacking them to the trunk of a large oak tree on the site of the infant settlement. This was the first legislation in the territory, and it is said that the code was rigidly adhered to by the pioneers of that country. The late General Manning F. Force, in an historical sketch in "Bench and Bar of Ohio" (1897), is authority for the statement that "history has recorded no infraction of these regulations which were read and approved by all."
Governor St. Clair, who had been occupied since his appointment in continuous efforts to conciliate the Indians of the territory, and in preparing for the needs of the infant settlement, arrived at Marietta with his official family on Wednesday, July 9, and on Tuesday, July 15, in public ceremonies held in the three-months-old town of Marietta, entered upon the discharge of his official duties. The Ordinance of 1787 was read to the settlers by Secretary Winthrop Sargent, after which the commissions of the Governor, Secretary and Judges were publicly read, and the Governor addressed the people briefly.
The territorial government thus set up consisted of the following officers who were present and participated in the ceremony: Gover- nor, Arthur St. Clair; Secretary, Winthrop Sargent; Judges, Parsons and Varnum,
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THE BIOGRAPHICAL ANNALS OF OHIO.
The First Legislative Council of the Northwest Territory (1788).
This group of officers comprised the First Legislative Council of the Northwest Territory, and during the summer and fall of the year pub- lished at Marietta laws on the following subjects :
(1788), July 25-Regulating and establishing the Militia.
(1788), August 23-Establishing General Courts of Quarter Ses- sions, Common Pleas, and for the appointment of Sheriffs.
(1788), August 30-Establishing a Court of Probate.
(1788), August 30-Fixing the terms of the General Court.
(1788), September 2-Prescribing the forms of oaths of office.
(1788), September 6-Respecting crimes and punishments.
(1788), November 23-Regulating marriages (age for male 17, female 14, with consent of fathers of parties).
(1788), November 23-Fixing monthly fines for failure of recruit in militia to provide himself with the proper equipment.
(1788), December 21-Creating the office of Coroner.
(1788), December 28-Limiting the times of civil actions and for instituting criminal prosecutions.
Each of the above laws was undersigned by Messrs. St. Clair, Parsons, and Varnum, on the dates given, the signature of Judge John Cleves Symmes appearing on the law of August 30-establishing a Court of Probate-but on no other. His arrival in the colony is thus fixed at a much earlier day than that given in most authorities .- (Terri- torial Laws.)
Governor St. Clair withheld his approval to a proposed law re- lating to estates held in common ; he also, on July 30, called the atten- tion of the judges to the provision of the ordinance which empowered . them to "adopt" the laws of the older states, and expressed it as his opinion that they were overstepping their authority in forming new laws in any case; "And when we do," he adds, "the necessity of the case only can be our justification." This opinion of the Governor was fully borne out, when, at a later period, the council found it wise to repeal by wholesale laws of their own making which had no foun- dation in the code of the older states, and adopt others which con- formed to this requirement in their stead .- (St. Clair Papers.)
Judge Varnum died in 1789.
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THE BIOGRAPHICAL ANNALS OF OHIO.
THE SECOND LEGISLATIVE COUNCIL.
(1789.)
T HE ratification of the Constitution of the United States by a sufficient number of states having occurred during the latter part of the year 1784, and President Washington having as- sumed the reins of government thereunder, it was construed to be the duty of the Executive to appoint such officers whose commissions, having been issued by the Congress under the old form of government, were held to have expired with that government. In pursuance of this conception of his duty, the President, in a letter dated New York, August 18, 1789, nominated for the officers of the Northwest Territory : Arthur St. Clair, for Governor, and Messrs. Samuel Holden Parsons, John Cleves Symmes, and William Barton (vice Varnum, deceased), Judges. The nominations were confirmed by the Senate of the United States, but Mr. Barton declining the appointment, the President nom- inated Mr. George Turner, who was confirmed on the eighth day of September.
There is no public record of the acts of the council during the year 1789. In November of this year, Judge Parsons, who was the Chief Justice of the court, was drowned in a ford in the Muskingum valley, while returning to the seat of government from a treaty council with the Indians of the Western Reserve.
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THE BIOGRAPHICAL ANNALS OF OHIO.
THE THIRD LEGISLATIVE COUNCIL.
(1790.)
T HE year 1790 was marked by the sitting of the Council in the farther west, at the town of Vincennes (more generally known at that day by the name of "au Post"). Winthrop Sargent, Secretary and acting Governor, sat with Messrs. Symmes and Turner, Governor St. Clair being absent in the eastern states, and no successor sitting in the room of Judge Parsons, who had been succeeded by General Rufus Putnam, Jr., of Marietta. This council, in its meeting at Vincennes, published the following laws, which were afterwards . disapproved and ordered to be repealed by the Congress, as having no foundation in the older laws to which the territorial council was con- fined by the Ordinance of 1787.
July 19-An act prohibiting the giving or selling of intoxicating liquors to Indians.
July 26 .- An act restricting the sale of intoxicating liquors to soldiers, and to prevent the pawning or selling of arms, ammunition, clothing and accoutrements.
August 4-An act suppressing gambling and making void all con- tracts and payments made in consequence thereof.
Removing to the town of Cincinnati, the council passed, in No- vember-Governor St. Clair having resumed his attendance with the body, and Secretary Winthrop Sargent retiring-the following laws: November 4-An act to alter the terms of the General Court.
November 5-An act to augment the terms of the County Courts.
November 6-An act to authorize the Courts of Quarter Sessions to divide the counties into townships, and to appoint constables, over- seers of the poor, and township clerks.
:
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THE LAWS OF 1791.
T HE body to which has been given in this volume the designation of the Third Legislative Council, was permitted to serve until no change in its official membership, except that in the absence of the Governor his seat was occupied by the Secretary as Acting Governor, from the appointment of Judge Putnam in the winter of 1790 to 1796, when Judge Putnam resigned his seat on the bench and in the council to accept the office of Surveyor General of the United States, to which he had been appointed by President Washington.
Messrs. St. Clair, Symmes and Turner affixed their signatures to the following laws in the year 1791, and caused the same to be pub- lished at Cincinnati :
June 22-An act supplementary to the act of September 6, 1798, respecting crimes.
June 22-An act for the punishment of persons who deface publi- cations set up by authority.
June 22-An act creating the office of clerk of the legislature.
June 22-An act making the records of the courts of the United States evidence in the courts of this territory.
June 22-An act abolishing the distinction between murder and petit treason.
June 29-An act regulating the enclosures of ground; and on
July 2-An act to amend the militia laws of 1788 as to days of muster, and fines for disobedience.
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THE LAWS OF 1792.
T HE session of the council for the year 1792 seems to have been held in Cincinnati prior to the first day of August, and includ- ing that day, Messrs. Winthrop Sargent (acting Governor), Symmes, and Putnam signing and publishing the following bills :
August I-Granting licenses to merchants, traders, and tavern- keepers.
August I-An act creating the office of Treasurer General and of county treasurers.
August I-An act directing the manner of raising money to defray the expenses of the several counties.
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