Imagens das páginas
PDF
ePub

ing elected, any person convicted of bribery, perjury, or any other infamous crime.

shall, by virtue of their offices, be conservators to exclude from the privilege of electing, or beof the peace throughout the State. The presidents of the Courts of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective circuits; and the judges of the Court 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 the 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 Common 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. 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 or counties, and who have resided one year in the State, from having the right of an elector.

[blocks in formation]

OF THE MILITIA OFFICERS.

SECTION 1. Captains and subalterns in the militia shall be elected by those persons in their respective company districts, subject to military duty. tains and subalterns of the battalion. SEC. 2. Majors shall be elected by the capSEC. 3. Colonels shall be elected by the majors, captains and subalterns 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 appointed by joint ballot of both Houses of the Legislature.

jutant general. The majors general shall apSEC. 6. The Governor shall appoint the adpoint 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 appoint 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

SEC. 11. A competent number of justices of the artillery and cavalry, shall be elected by the persons enrolled in their respective corps; and peace shall be elected by the qualified electors the majors and colonels shall be appointed in in each township in the several counties, and such manner as shall be directed by law. The shall continue in office three years, whose pow-colonels shall appoint their regimental staff; ers and duties shall, from time to time, be regu- and the captains and subalterns their non-comlated and defined by law. missioned officers and musicians.

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.

SECTION 1. In all elections, all white male inhabitants above the age of twenty-one years, having resided in the State one year next preceding 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 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 elections, and in going to and returning from

the same.

SEC. 4. The Legislature shall have full power

SEC. 1.

ARTICLE VI.

OF CIVIL OFFICERS.

There shall be elected in each county, one Sheriff and one Coroner, by the citizens thereof, who are qualified to vote for members of the Assembly; they shall be elected at the time and place of holding 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 appointed 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.

SEC. 1. 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 punishment 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 Assembly, which shall reduce the county or counties, or either of them, 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 considered as a part of the county or counties from which it was taken, until entitled by numbers to the right of representation.

OF 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 accommodation of the Legislature.

OF 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 Representatives, 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 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 involuntary servitude into this State.

BOUNDARIES OF THE STATE.

SEC. 6. That the limits and boundaries of this State be ascertained, 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 on 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 convention, 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 extended 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 the said 'territorial line, the Pennsylvania line.

ARTICLE VIII.

BILL OF RIGHTS.

to

That the general, great, and essential principles of liberty and free government may be recognized and forever unalterably established, we declare,

SECTION 1. That all men are born equally free and independent, and have certain natural, inherent and unalienable rights; amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining 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 male person, arrived at the age of twentyone 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 as 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 service exceeds

one year, be of the least validity, except those | trial, by an impartial jury of the county or disgiven 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 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 happiness 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 people shall be secure in their persons, 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 government, 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. The right of trial by jury shall be inviolate,

SEC. 9. That no power of suspending laws shall exercised unless by the Legislature.

SEC. 10. 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. 11. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment, a speedy public

trict in which the offense shall have been com-
mitted; 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 suspended, unless, when in
case of rebellion or invasion, the public safety
may require it.

quired; excessive fines shall not be imposed;
nor cruel and unusual punishments inflicted.
to the nature of the offense. No wise Legisla-
SEC. 14. All penalties shall be proportioned
ture 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 undistinguished 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 de-
sign of all punishments being to reform, not to
exterminate, mankind.

SEC. 13. Excessive bail shall not be re

is not strong presumption of fraud, shall not be SEC. 15. The person of a debtor, where there 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.

impairing the validity of contracts, shall ever SEC. 16. No ex post facto law, nor any law be made; and no conviction shall work corruption of blood, or forfeiture of estate.

transported out of this State, for any offense SEC. 17. That no person shall be liable to be committed within the State.

fundamental principles of civil government, is SEC. 18. That a frequent recurrence to the absolutely necessary to preserve the blessings of liberty.

semble together, in a peaceable manner, to conSEC. 19. That the people have a right to assult for their common good, to instruct their Representatives, and to apply to the Legislature for a redress of grievances.

arms for the defense of themselves and the SEC. 20. That the people have a right to bear 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 the United States, or militia in actual service, such as are employed in the army or navy of shall be subject to corporal punishment under the military law.

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 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 participation 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.

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 districts in each county, on SEC. 26. That laws shall be passed by the the second Tuesday of January next; which Legislature, which shall secure to each and elections shall be conducted in the manner preevery denomination of religious societies, in scribed by the existing election laws of this each surveyed township which now is, or may territory: and the members of the General Ashereafter be formed in the State, an equal par-sembly, then elected, shall continue to exercise ticipation, 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 appropriation.

SEC. 27. That every association of persons, when regularly formed, within this State, and having given themselves a name, may, on application 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 trangression of the high powers which we have delegated, we declare that all powers not hereby delegated, remain with the people.

SCHEDULE.

SEC. 1. 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, north-west 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 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 superseded 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

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 Senators 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 Representatives.

Done in Convention, at Chillicothe, the 29th day of November, 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.

In testimony whereof, we have hereunto subscribed our names.

EDWARD TIFFIN, President,
and Representative from the county of Ross.
JoSEPH DARLINGTON,
ISRAEL Donalson,
THOMAS KIRKER,

JAMES CALDWELL,
ELIJAH Woods,

PHILIP GATCH,
JAMES SARGENT,
HENRY ABRAMS,
EMANUEL CARPENTER,

JOHN W. BROWNE,
CHARLES WILLING BYRD,
FRANCIS DUNLAVY,
WILLIAM GOFORTH,
JOHN KITCHEL,
JEREMIAH MORROW,
John Paul,
JOHN REILY,
JOHN SMITH,
JOHN WILSON,

Adams county.

Belmont county.

Clermont county.

Fairfield county.

Hamilton county.

[blocks in formation]
« AnteriorContinuar »