the Governor, shall issue writs of election to fill such disqualification to hold any office of honor, profit, or vacancies.

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.

SKO. 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.

trust, under this State. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to law.

SFC 25. The first session of the General Assembly shall commence on the first Tuesday of March next; and forever after, 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.

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 SEO. 15. The doors of each House, and of commit-either House of Congress, or person holding any tees of the whole, shall be kept open, except in such eases 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 liouses shall be sitting.

SEO. 16. Bills may originate in either House, but may be altered, amended or rejected by the other.

office under the authority of the United States, or any lucrative office under the authority of this State, (provided that 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.

SEC. 27. No person shall be appointed to any office within any county, who shall not have been a citizen SEC. 17. Every bill shall be read on three different and inhabitant therein, one year next before his apdays in each House, unless, in case of urgency, three-pointment, if the county shall have been so long 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. SEO. 18. The style of the laws of this State shall be "Be it enacted by the General Assembly of the State of Ohio."

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.'

SEC. 28. No person who heretofore hath 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.

ARTICLE II.

SEC. 1. The supreme executive power of this State shall be vested in a Governor.

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 thou. sand 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 dol SEC. 2. The Governor shall be chosen by the eleclars; the Auditor of public accounts, not more than tors of the members of the General Assembly, on the seven hundred and fifty dollars; the Treasurer, not second Tuesday of October, at the same places, and more than four hundred and fifty dollars: no member in the same manner, that they shall respectively vote of the Legislature shall receive more than two dollars for members thereof. The returns of every election per day, during his attendance on the Legislature, for Governor, shall be sealed up and transmitted to Bor more for every twenty-five miles he shall travel the seat of government, by the returning officers, in going to, and returning from, the General Assem-directed to the Speaker of the Senate, who shall open bly.

SEO. 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.

SEC. 21. No money shall be drawn from the treasury, but in consequence of appropriations made by law.

SEO. 22. An accurate statement of the receipts and expenditures of the public money shall be attached to, and published with the laws, annually.

and 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, 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.

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 SEO. 23. The House of Representatives shall have elected and qualified to office; and forever after, the the sole power of impeaching; but a majority of all the Governor shall hold his office for the term of two inembers must concur in an impeachment: all im-years, and until another Governor shall be elected and peachments 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.

SEO. 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 case shall not extend further than removal from office, 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.

SEO. 4. He shall, from time to time, give to the General Assembly information of the state of the government, and recommend to their consideration. such measures as he shall deem expedient.

SEC. 5. He shall have the power to grant reprieves county, in justices of the peace, and in such other and pardons, after conviction, except in cases of im-courts as the Legislature may, from time to time, espeachment. tablish. SEC. 6. The Governor shall, at stated times, receive SEC. 2. The supreme court shall consist of three for his services a compensation which shall neither judges, any two of whom shall be a quorum. They be increased nor diminished, during the term for shall have original and appellate jurisdiction, both in which he shall have been elected.

SEC. 7. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed.

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.

SEC. 8. When any officer, the right of whose apDointment is. by this constitution, vested in the Gen- consist of a president and associate judges. The SEC. 3. The several courts of common pleas shall eral Assembly, shall, during the recess, die, or his office by any means become vacant, the Governor shall State shall be divided, by law, into three circuits: have power to fill such vacancy, by granting a com- courts, who, during his continuance in office, shall there shall be appointed in cab circuit a president of mission, which shall expire at the end of the next reside therein. There shall be appointed in each session of the Legislature. county, not more than three nor less than two assoSEC. 9. He may, on extraordinary occasions, cociate judges, who, during their continuance in office, vene the General Assembly, by proclamation, and shall reside therein. The president and associate shall state to them, when assembled, the purposes for judges, in their respective counties, any three of whom which they shall have been convened. 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.

SEC. 10. He shall be commander-in-chiet of the army and navy of this State, and of the minina, except when they shall be called into the service of the United States.

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.

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.

SEO. 12 'n mase of the death, impeachment, re- shall have jurisdiction of all probate and testamentSEC 5. The court of common pleas in each county signation or removal of the Governor from office, the Speaker of the Senate shall exercise the office of Gov-ment of guardians, and such other cases as shall be ary matters, granting administration, the appointernor, until he be acquitted, or another Governor shall prescribed by law. be duly qualified. In case of the impeachment of the Speaker of the Senate, or his death, removal from office, resignation, or absence from the State, the Speaker of the House of Representatives shall succeed to the office, and exercise the duties thereof, until a Governor shall be elected and qualified.

SEC. 13. No member of Congress, or person holding any office under the United States, or this State, shall execute the office of Governor.

SEC. 14. There shall be a seal of this State, which shall be kept by the Governor, and used by him of ficially, and shall be called "the Great Seal of the State of Ohio."

SEC. 15. All grants and commissions shall be in the name, and by the authority of the State of Ohio, sealed with the seal, signed by the Governor, and countersigned by the Secretary.

shall within their respective counties, have the same SEC. 6. The judges of the court of common pleas, sue writs of certiorari to the justices of the peace, powers with the judges of the supreme court, to isand to cause their proceedings to be brought before them, and the like right and justice to be done.

SEC. 7. The judges of the supreme court shall, by virtue of 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.

dents and the associate judges of the courts of comSEC. 8. The judges of the supreme court, the presimon pleas, shall be appointed by a joint ballot of both Houses of the General Assembly, and shall hold Sec. 16. A Secretary of State shall be appointed their offices for the term of seven years, if so long by a joint ballot of the Senate and House of Repre- they behave well. The judges of the supreme court, sentatives, who shall continue in office three years, if and the presidents of the courts of common pleas, he shall so long behave himself well: he shall keep shall, at stated times, receive for their services an a fair register of all the official acts and proceedings adequate compensation, to be fixed by law, which 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.

ARTICLE III.

SEC. 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

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 year, in each county, and the courts of common pleas shall be holden in each county, at such times and places as shall be pre-cribed by law.

SEC. 11. A competent number of justices of the peace shall be lected by the qualified electors in each township in the several counties, and shall continue in office three years, whose powers and duties shall, from time to time, be regulated and defined by law.

SEC. 12. The style of all process shall be, "The State of Ohio:" all prosecutions shall be carried on in the name and by the authority of the State of Ohio; and all indictments shall conclude, "against the peace and dignity of the same."

ARTICLE IV.

SEC. 7. The captains and subalterns of the artillery and cavalry, shall be elected by the persons enrolled a 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 noncommissioned officers and musicians.

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 to exclude from the privilege of electing, or being elected, any person convicted of bribery, perjury, or any other infamous crime.

SEC. 5. Nothing contained in this article shall be' so construed as to prevent white male persons, above the age of twenty-one years, who are compelled labor on the roads of their respective township or counties, and who have resided one year in the Sta e. from having the right of an elector.

ARTICLE V.

ARTICLE VI.

SEO. 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.

SEC. 2. The State Treasurer aud Auditor shall be

triennially appointed by a joint ballot of both Houses of the Legislature.

chosen annually, by the inhabitants thereof, duly SEC. 3. All town and township officers shall be 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 diced by this constitution, shall be made it such manter as may be directed by law.

ARTICLE VII.

SEC 1. Every person who shall be chosen or ap. opened to any office of trust or profit, under the hority 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.

SEC. 1. Captains and subalterns in the militia, shall be elected by those persons, in their respective company districts, subject to military umy.

SEC. 2. Majors shall be elected by the captains and

subalterns of the battalion.

SEC 3. Colonels shall be elected by the majors, captains and 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.

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.

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.

SEC. 6. The Governor shall appoint the adjutant general. The majors general shall appoint their aids and other division staff officers. The brigadiers general shall appoint their brigade majors and other brigade staff officers. The commanding officers of regiments shall appoint their adjutants, quartermas- SEC. 4. Chillicothe shall be the seat of govern ters, and other regimental staff officers; and the cap-ment until the year one thousand eight hundred an tains and subalterns shall appoint their non-commis eight. No money shall be raised until the year one sioned officers and musicians. thousand eight hundred and nine, by the Legislature

of this State, for the purpose of erecting public buildings for the accommodation of the Legislature.

punishment of crimes, whereof the party shall have been duly convicted; nor shall any male person, arrived at the age of twenty one years, or female person arrived at the age of eighteen years, be held to serve any person as a servant, under the pretence 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 mulatto, hereafter made and executed out of the State, or if made in the State, where the term of service ex. ceeds one year, be of the least validity, except those given in the case of apprenticeships.

SEC. 5. That after the year one thousand eight hundred and six, whenever two thirds of the General Assembly hall 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 excepted. Nor shall any indenture of any negro or 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 the said election, for the purpose of revising, amending, or changing the constitution. But no alteration of this constitution shall ever take place, so as to introduce slavery or in voluntary servitude into this State.

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 govern tnent 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. 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 or the territorial line, and thence with the same, through Lake Erie, to the Pennsylvania line afore said, 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 estab' lished by, and extended to, a direct line running from ous to liberty, and shall not be granted.

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 ma. be commanded 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 danger.

the southern extremity of Lake Michigan to the most SEC 6. That the printing presses shall be open northerly cape of the Miami bay, after intersecting and free to every citizen who wishes to examine the the due north line from the mouth of the Great Mi-proceedings of any branch of government, or the conami river as aforesaid, thence northeast to the territorial line, and, by the said territorial line, to the Pennsylvania line.'

ARTICLE VIII.

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

duct 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 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

SEO. 1. That all men are born equally free and in-cases. dependent, and have certain natural, inherent and SEC. 7. That all courts shall be open, and every unalienable rights; amongst which are the enjoying person, for an injury done him in his lands. goods, and defending life and liberty, acquiring, possessing person or reputation, shall have remedy by the due and protecting property, and pursuing and obtaining course of law, and right and justice administered, happiness and safety; and every free republican gov- without denial or delay. erninent, 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, be exercised, unless by the Legislature. whenever they may deem it necessary.

SEC. 2. There shall be neither slavery nor involuntary servitude in this State, otherwise than for the

SEC. 8. violate.

That the right of trial by jury shall be in

SEC. 9.

That no power of suspending laws shall

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 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.

SEC. 12. That all persons shall be bailable by suf ficient 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.

SEC. 13. Excessive bail shall not be required; excessive fines shall not be imposed, nor cruel and unusual punishments inflicted.

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.

SEC. 26. That laws shall be passed by the Legislature, which shall secure to each and every denomin ation 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.

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 14. All penalties shall be proportioned to the nature of the offence. No wise legislature will affix the same punishment to the crime 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 sligh est offences. For the same reasons, a multitude of sanguinary laws are both impolitic and unjust: the true design of all punishments the people. being to reform, not to exterminate mankind.

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.

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

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

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

SEC. 19. That the people have a right to assemble together, in a peaceable manner, to consult for their common good, to instruct their representatives, and to apply to the legislature for a redress of griev

ances.

SEC. 28. To guard against the transgression of the high powers which we have delegated, we declare, that all powers, not hereby delegated, remain with

SEC. 1.

SCHEDULE.

That no evils or inconveniencies may arise, from the change of a territorial government to a permanent state government, it is declared by this convention, that all rights, suits, actions, prosecutions, claims and contracts, both as it respects individuals and bodies corporate, shall continue, as if no change had taken place in this government.

SEC. 2. All fines, penalties and forfeitures, due and owing to the territory of the United States, northwest of the river Ohio, shall inure to the use of the State. All bonds executed to the Governor, or any other officer in his official capacity, in the territory, shall pass over to the 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 as signed over to the use of those concerned, as the case may be.

SEC. 3. The Governor, Secretary and judges, and SEC. 20. That the people have a right to bear arms all other officers under the territorial government, for the defence of themselves and the State: and as shall continue in the exercise of the duties of their standing armies, in the time of peace, are dangerous respective departments, until the said officers are to liberty, they shall not be kept up; and that the superseded under the authority of this constitumilitary shall be kept under strict subordination to tion. the civil power.

SEC. 21. That no person in this State, except such as are employed in the army or navy of the United States, or militia in actual service, shall be subject to corporeal punishment under the military law.

SEC. 4. All laws, and parts of laws, now in force in this territory, not inconsistent with this constitution, shall continue and remaiu in full effect until repealed by the Legislature, except so much of the act entitled "an act regulating the admission and prac tice of attorneys and counsellors at law," and of the act made amendatory thereto, as relates to the term of

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 pre-time which the applicant shall have studied law, his seribed 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 pur poses.

SEC. 24. That no hereditary emoluments, privi. leges, or honors, shall ever be granted or conferred by this State.

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 counsel. lor 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 is sue writ of election to the sheriffs of the several