Trisha Posey did Ohio I think this is ready to go, but I didn't originally note this I am reloading Ohio 1851 JW 5/31/06 *** CSTART OH 11/29/1802 09/01/1851 *** CONSTITUTION OF OHIO-1802 *** ASTART 9001.0 OH 1802 *** We, the people of the eastern division of the territory of United States northwest of the river Ohio, having the right of admission into the General Government as a member of the Union, consistent with the Constitution of the United States, the ordinance of Congress of one thousand seven hundred and eighty-seven, and the law of Congress entitled "An act to enable the people of the eastern division of the territory of the United States northwest of the river Ohio to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes," in order to establish justice, promote the welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the following constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent State by the name of the State of Ohio. *** AEND *** *** ASTART 001.0 OH 1802 *** ARTICLE I *** SSTART 001.0 001.0 0 OH 1802 *** SECTION 1. The legislative authority of this State shall be vested in a general assembly, which shall consist of a senate and house, of representatives, both to be elected by the people. *** SEND *** *** SSTART 002.0 001.0 0 OH 1802 *** SEC. 2. Within one year after the first meeting of the general assembly, and within every subsequent term of four years, an enumeration of all the white male inhabitants above twenty-one years of age shall be made, in such manner as shall be directed by law the number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the several counties according to the number of white male inhabitants above twenty-one years of age in each; and shall never be less than twenty-four, nor greater than thirty-six, until the number of white male inhabitants of above twenty-one years of age shall be twenty-two thousand; and after that event, at such ratio that the whole number of representatives shall never be less than thirty-six, nor exceed seventy-two. *** SEND *** *** SSTART 003.0 001.0 0 OH 1802 *** SEC. 3. The representatives shall be chosen annually, by the citizens of each county respectively, on the second Tuesday of October. *** SEND *** *** SSTART 004.0 001.0 0 OH 1802 *** SEC. 4. No person shall be a representative who shall not have attained the age of twenty-five years, and be a citizen of the United States and an inhabitant of this State; shall also have resided within the limits of the county in which he shall be chosen one year next preceding his election, unless be shall have been absent on the public business of the United States or of this State, and shall have paid a State or county tax. *** SEND *** *** SSTART 005.0 001.0 0 OH 1802 *** SEC. 5. The senators shall be chosen biennially, by qualified voters for representatives; and, on their being convened in consequence of the first election, they shall be divided by lot, from their respective counties or districts, as near as can be, into two classes; the seats of the senators of the first class shall be vacated at the expiration of the first year, and of the second class, at the expiration of the second year; so that one-half thereof, as near as possible, may be annually chosen forever thereafter. *** SEND *** *** SSTART 006.0 001.0 0 OH 1802 *** SEC. 6. The numbers of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the several counties or districts to be established by law according to the number of white male inhabitants of the age of twenty-one years in each, and shall never be less than one-third, nor more than one-half, of the number of representatives. *** SEND *** *** SSTART 007.0 001.0 0 OH 1802 *** SEC. 7. No person shall be a senator who has not arrived at the age of thirty years, and is a citizen of the United States; shall have resided two years in the county or district immediately preceding the election, unless he shall have been absent on the public business of the United States or of this State, and shall, moreover, have paid a State or county tax. *** SEND *** *** SSTART 008.0 001.0 0 OH 1802 *** SEC. 8. The senate and house of representatives, when assembled, shall each choose a speaker and its other officers, be judges of the qualifications and elections of its members, and sit upon its own adjournments; two-thirds of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members. *** SEND *** *** SSTART 009.0 001.0 0 OH 1802 *** SEC. 9. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on the journals. *** SEND *** *** SSTART 010.0 001.0 0 OH 1802 *** SEC. 10. Any two members of either house shall have liberty to dissent from and protest against any act or resolution which they may think injurious to the public or any individual, and have the reasons of their dissent entered on the journals. *** SEND *** *** SSTART 011.0 001.0 0 OH 1802 *** SEC. 11. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent State. *** SEND *** *** SSTART 012.0 001.0 0 OH 1802 *** SEC. 12. When vacancies happen in either house, the governor, or the person exercising the power of the governor, shall issue writs of election to fill such vacancies. *** SEND *** *** SSTART 013.0 001.0 0 OH 1802 *** SEC. 13. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. *** SEND *** *** SSTART 014.0 001.0 0 OH 1802 *** SEC. 14. Each house may punish by imprisonment, during their session, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence: Provided: Such imprisonment shall not, at any one time, exceed twenty-four hours. *** SEND *** *** SSTART 015.0 001.0 0 OH 1802 *** SEC. 15. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting. *** SEND *** *** SSTART 016.0 001.0 0 OH 1802 *** SEC. 16. Bills may originate in either house, but may be altered, amended, or rejected by the other. *** SEND *** *** SSTART 017.0 001.0 0 OH 1802 *** SEC. 17. Every bill shall be read on three different days in each house, unless, in case of urgency, three-fourths of the house where such bill is so depending shall deem it expedient to dispense with this rule; and every bill having passed both houses shall be signed by the speakers of their respective houses. *** SEND *** *** SSTART 018.0 001.0 0 OH 1802 *** SEC. 18. The style of the laws of this State shall be, " Be it enacted by the general assembly of the State of Ohio." *** SEND *** *** SSTART 019.0 001.0 0 OH 1802 *** SEC. 19. The legislature of this State shall not allow the following officers of government greater annual salaries than as follows until the year one thousand eight hundred and eight, to wit: The governor not more than one thousand dollars; the judges of the supreme court not more than one thousand dollars each; the presidents of the courts of common pleas not more than eight hundred dollars each; the secretary of state not more than five hundred dollars; the auditor of public accounts not more than seven hundred and fifty dollars; the treasurer not more than four hundred and fifty dollars; no member of the legislature shall receive more than two dollars per day, during his attendance on the legislature, nor more for every twenty-five miles he shall travel in going to and returning from the general assembly. *** SEND *** *** SSTART 020.0 001.0 0 OH 1802 *** SEC. 20. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State which shall have been created, or the emoluments of which shall have been increased, during such time. *** SEND *** *** SSTART 021.0 001.0 0 OH 1802 *** SEC. 21. No money shall be drawn from the treasury but in consequence of appropriations made by law. *** SEND *** *** SSTART 022.0 001.0 0 OH 1802 *** SEC. 22. An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws annually. *** SEND *** *** SSTART 023.0 001.0 0 OH 1802 *** SEC. 23. The house of representatives shall have the sole power of impeaching, but a majority of all the members must concur in an impeachment. All impeachments shall be tried by the senate, and, when sitting for that purpose, the senators shall be upon oath or affirmation to do justice according to law and evidence; no person shall be convicted without the concurrence of two- thirds of all the senators. *** SEND *** *** SSTART 024.0 001.0 0 OH 1802 *** SEC. 24. The governor, and all other civil officers under this State, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than removal from office and disqualification to hold any office of honor, profit, or trust under this State. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law. *** SEND *** *** SSTART 025.0 001.0 0 OH 1802 *** SEC. 25. The first session of the general assembly shall commence on the first Tuesday of March next; and forever thereafter the general assembly shall meet on the first Monday of December in every year, and at no other period, unless directed by law, or provided for by this constitution. *** SEND *** *** SSTART 026.0 001.0 0 OH 1802 *** SEC. 26. No judge of any court of law or equity, secretary of state, attorney-general, register, clerk of any court of record, sheriff or collector, member of either house of Congress, or person holding any lucrative office under the United States or this State, (provided that the appointments in the militia or justices of the peace shall not be considered lucrative offices,) shall be eligible as a candidate for or have a seat in the general assembly. *** SEND *** *** SSTART 027.0 001.0 0 OH 1802 *** SEC. 27. No person shall be appointed to any office within any county who shall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if the county shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. *** SEND *** *** SSTART 028.0 001.0 0 OH 1802 *** SEC. 28. No person who heretofore bath been, or hereafter may be, a collector or holder of public moneys, shall have a seat in either house of the general assembly until such person shall have accounted for and paid into the treasury all sums for which he may be accountable or liable. *** SEND *** *** AEND *** *** ASTART 002.0 OH 1802 *** ARTICLE II *** SSTART 001.0 002.0 0 OH 1802 *** SECTION 1. The supreme executive power of this State shall be vested in a governor. *** SEND *** *** SSTART 002.0 002.0 0 OH 1802 *** SEC. 2. The governor shall be chosen by the electors of the members of the general assembly, on the second Tuesday of October, at the same places and in the same manner that they shall respectively vote for members thereof. The returns of every election for governor shall be sealed up and transmitted to the seat of government by the returning officers, directed to the speaker of the senate, who shall open an publish them in the presence of a majority of the members of each house of the general assembly. The person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, then one of them shall be chosen governor by joint ballot of both houses of the general assembly. Contested elections for governor shall be determined by both houses of the general assembly in such manner as shall be prescribed by law. *** SEND *** *** SSTART 003.0 002.0 0 OH 1802 *** SEC. 3. The first governor shall hold his office until the first Monday 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 another 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 election. *** SEND *** *** SSTART 004.0 002.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 005.0 002.0 0 OH 1802 *** SEC. 5. He shall have the power to grant reprieves and pardons, after conviction, except in cases of impeachment. *** SEND *** *** SSTART 006.0 002.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 007.0 002.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 008.0 002.0 0 OH 1802 *** 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 power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the legislature. *** SEND *** *** SSTART 009.0 002.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 010.0 002.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 011.0 002.0 0 OH 1802 *** SEC. 11. 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 time as he thinks proper; provided it be not a period beyond the annual meeting of the legislature. *** SEND *** *** SSTART 012.0 002.0 0 OH 1802 *** SEC. 12. In case of the death, impeachment, resignation, or the 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 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. *** SEND *** *** SSTART 013.0 002.0 0 OH 1802 *** SEC. 13 . No member of Congress, or person holding any office under the United States, or this State, shall execute the office of governor. *** SEND *** *** SSTART 014.0 002.0 0 OH 1802 *** 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." *** SEND *** *** SSTART 015.0 002.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 016.0 002.0 0 OH 1802 *** SEC. 16. A secretary of state shall be appointed by 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 relative thereto, before either branch of the legislature; and shall perform such other duties as shall be assigned him by law. *** SEND *** *** AEND *** *** ASTART 003.0 OH 1802 *** ARTICLE III *** SSTART 001.0 003.0 0 OH 1802 *** SECTION 1. The judicial power of this State, both as to matters of law and equity, shall be vested in a supreme court, in courts of common pleas for each county, in justices of the peace, and in such other courts as the legislature may, from time to time establish. *** SEND *** *** SSTART 002.0 003.0 0 OH 1802 *** 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, Provided, That nothing-herein contained shall prevent 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. *** SEND *** *** SSTART 003.0 003.0 0 OH 1802 *** 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 therein. 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 an associate judges, in their re- spective counties, any three of whom shall be a quorum, shall compose 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. *** SEND *** *** SSTART 004.0 003.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 005.0 003.0 0 OH 1802 *** SEC. 5. The court of common pleas in each county shall have jurisdiction of all probate and testamentary matters, granting administration, and the appointment of guardians, and such other cases as shall be prescribed by law. *** SEND *** *** SSTART 006.0 003.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 007.0 003.0 0 OH 1802 *** SEC. 7. The judges of the supreme court shall, by virtue of their offices, be conservators of 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. *** SEND *** *** SSTART 008.0 003.0 0 OH 1802 *** 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 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. *** SEND *** *** SSTART 009.0 003.0 0 OH 1802 *** 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 certifi- cate 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. *** SEND *** *** SSTART 010.0 003.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 011.0 003.0 0 OH 1802 *** SEC. 11. 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. *** SEND *** *** SSTART 012.0 003.0 0 OH 1802 *** SEC. 12. The style of all process shall be " The State of Ohio," and 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." *** SEND *** *** AEND *** *** ASTART 004.0 OH 1802 *** ARTICLE IV *** SSTART 001.0 004.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 002.0 004.0 0 OH 1802 *** SEC. 2. All elections shall be by ballot. *** SEND *** *** SSTART 003.0 004.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 004.0 004.0 0 OH 1802 *** SEC. 4. The legislature shall have full power to exclude from the privilege of electing, or of being elected, any person convicted of bribery, perjury, or any other infamous crime. *** SEND *** *** SSTART 005.0 004.0 0 OH 1802 *** 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. *** SEND *** *** AEND *** *** ASTART 005.0 OH 1802 *** ARTICLE V *** SSTART 001.0 005.0 0 OH 1802 *** SECTION 1. Captains and subalterns in the militia shall be elected by those persons in their respective company-districts subject to military duty. *** SEND *** *** SSTART 002.0 005.0 0 OH 1802 *** SEC. 2. Majors shall be elected by the captains and subalterns of the battalion. *** SEND *** *** SSTART 003.0 005.0 0 OH 1802 *** SEC. 3. Colonels shall be elected by the majors, captains, and subalterns of the regiment. *** SEND *** *** SSTART 004.0 005.0 0 OH 1802 *** SEC. 4. Brigadiers-general shall be elected by the commissioned officers of their respective brigades. *** SEND *** *** SSTART 005.0 005.0 0 OH 1802 *** SEC. 5. Majors-general and quartermasters-general shall be appointed by joint ballot of both houses of the legislature. *** SEND *** *** SSTART 006.0 005.0 0 OH 1802 *** SEC. 6. The governor shall appoint the adjutants-general. The majors-general shall appoint their aids and other staff officers; the brigadiers-general shall appoint their brigade-majors and other brigade-staff officers. The commanding officers of regiments shall point their adjutants, quartermasters, and other regimental staff officers; and the captains and subalterns shall appoint their noncommissioned officers and musicians. *** SEND *** *** SSTART 007.0 005.0 0 OH 1802 *** SEC . 7. The captains and subalterns of the artillery and cavalry shall be elected by the person is enrolled in their respective corps, and the majors and colonels shall be appointed in such 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. *** SEND *** *** AEND *** *** ASTART 006.0 OH 1802 *** ARTICLE VI *** SSTART 001.0 006.0 0 OH 1802 *** SECTION 1. 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. *** SEND *** *** SSTART 002.0 006.0 0 OH 1802 *** SEC. 2. The State treasurer and auditor shall be triennially appointed by a joint ballot of both houses of the legislature. *** SEND *** *** SSTART 003.0 006.0 0 OH 1802 *** SEC. 3. All town and township officers shall be chosen annually, by the inhabitants thereof duly qualified to vote for members of the assembly, at such time and place as may be directed by law. *** SEND *** *** SSTART 004.0 006.0 0 OH 1802 *** 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. *** SEND *** *** AEND *** *** ASTART 007.0 OH 1802 *** ARTICLE VII *** SSTART 001.0 007.0 0 OH 1802 *** SECTION 1. Every person who shall be chosen or appointed to any office of trust or profit under the authority of the 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. *** SEND *** *** SSTART 002.0 007.0 0 OH 1802 *** 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 laws 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. *** SEND *** *** SSTART 003.0 007.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 004.0 007.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 005.0 007.0 0 OH 1802 *** 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 may in be in the general assembly, to be chosen in the same manner, at the same places, 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. *** SEND *** *** SSTART 006.0 007.0 0 OH 1802 *** 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; 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 convention, That if the southerly bend or extreme of Lake Michigan should extend so far south, that a line drawn due east of the mouth of the Miami River of the Lake, then, in that case, with the assent of the Congress of the United States, the northern boundary of this state shall be established by and extending 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, and by the said territorial line to the Pennsylvania line. *** SEND *** *** AEND *** *** ASTART 008.0 OH 1802 *** Article VIII That the general, great, and essential principles of liberty and free government may be recognized, and forever unalterably established, we declare *** SSTART 001.0 008.0 0 OH 1802 *** 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 of 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 deem it necessary. *** SEND *** *** SSTART 002.0 008.0 0 OH 1802 *** SEC. 2. There shall be neither slavery nor involuntary servitude in this State, otherwise for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any male person, arrived at the age of twenty-one years, nor any 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 the 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 lest validity, except those given in the case of apprenticeships. *** SEND *** *** SSTART 003.0 008.0 0 OH 1802 *** SEC. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their 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 the 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. *** SEND *** *** SSTART 004.0 008.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 005.0 008.0 0 OH 1802 *** SEC. 5. That the people shall be secure in their persons, houses, papers, and possessions from all unwarrantable searches and seizures; and that general warrants, whereby an officer may be com- manded to search suspected places, without probable evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described, and without oath or affirmation, are dangerous to liberty, and shall not be granted. *** SEND *** *** SSTART 006.0 008.0 0 OH 1802 *** 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 a right to determine the law and the facts, under the direction of the court, as in other cases. *** SEND *** *** SSTART 007.0 008.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 008.0 008.0 0 OH 1802 *** SEC. 8. That the right of trial by jury shall be inviolate. *** SEND *** *** SSTART 009.0 008.0 0 OH 1802 *** SEC. 9. That no power suspending the laws shall be exercised, unless by the legislature. *** SEND *** *** SSTART 010.0 008.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 011.0 008.0 0 OH 1802 *** 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 trial by an impartial jury of the county or district in which the offence 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 offence. *** SEND *** *** SSTART 012.0 008.0 0 OH 1802 *** SEC. 12. That all persons shall be bailable by sufficient sureties, unless for capital offences, 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. *** SEND *** *** SSTART 013.0 008.0 0 OH 1802 *** SEC. 13. Excessive ball shall not be required, excessive fines shall not be imposed, nor cruel and unusual punishments inflicted. *** SEND *** *** SSTART 014.0 008.0 0 OH 1802 *** SEC. 14. All penalties shall be proportioned to the nature of the offence. 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 undistinguished severity is exerted against all offences, 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 offences. 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. *** SEND *** *** SSTART 015.0 008.0 0 OH 1802 *** SEC. 15. The person of a debtor, where there is not strong presumption 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. *** SEND *** *** SSTART 016.0 008.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 017.0 008.0 0 OH 1802 *** SEC. 17. That no person shall be liable to be transported out of this State for any offence committed within the State. *** SEND *** *** SSTART 018.0 008.0 0 OH 1802 *** SEC. 18. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. *** SEND *** *** SSTART 019.0 008.0 0 OH 1802 *** 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 redress of grievances. *** SEND *** *** SSTART 020.0 008.0 0 OH 1802 *** SEC. 20. That the people have a right to bear arms for the defense 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. *** SEND *** *** SSTART 021.0 008.0 0 OH 1802 *** 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 corporeal punishment under the military law. *** SEND *** *** SSTART 022.0 008.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 023.0 008.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 024.0 008.0 0 OH 1802 *** SEC. 24. That no hereditary emoluments, privileges, or honors shall ever be granted or conferred by this State. *** SEND *** *** SSTART 025.0 008.0 0 OH 1802 *** 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 revenues arising from the 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 the said donations were made. *** SEND *** *** SSTART 026.0 008.0 0 OH 1802 *** SEC. 26. The laws shall be passed by the legislature which shall secure to each and every denomination of religious societies in each surveyed 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 appropriation. *** SEND *** *** SSTART 027.0 008.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 028.0 008.0 0 OH 1802 *** SEC. 28. To guard against the transgressions of the high powers which we have delegated, we declare that all powers not hereby delegated remain with the people. *** SEND *** *** AEND *** *** ASTART 9003.0 OH 1802 *** SCHEDULE *** SSTART 001.0 9003.0 0 OH 1802 *** SECTION 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. *** SEND *** *** SSTART 002.0 9003.0 0 OH 1802 *** 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 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. *** SEND *** *** SSTART 003.0 9003.0 0 OH 1802 *** 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. *** SEND *** *** SSTART 004.0 9003.0 0 OH 1802 *** 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 counsellors 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 practised as an attorney at law, before he can be admitted to the degree of a counsellor at law. *** SEND *** *** SSTART 005.0 9003.0 0 OH 1802 *** SEC. 5. The governor of the State shall make use of his private seal until a State seal be procured. *** SEND *** *** SSTART 006.0 9003.0 0 OH 1802 *** 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 the second Tuesday of January next, which elections shall be conducted in the manner prescribed by the existing election-laws of this Territory; and the members of the general assembly, sheriffs, and coroners then elected, shall continue to exercise the duties of their respective offices until the next annual or biennial election thereafter, prescribed in this constitution, and no longer. *** SEND *** *** SSTART 007.0 9003.0 0 OH 1802 *** 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. *** SEND *** *** AEND *** *** ASTART 9016.0 OH 1802 *** Done in convention, at Chillicothe, on the twenty-ninth 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. Attest: THOMAS SCOTT, Secretary. *** AEND *** *** CEND ***