Constitution Of the state Of Ohio, 1851
We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this Constitution.
BILL OF RIGHTS
Section 1. All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and seeking and obtaining happiness and safety.
Section 2. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special privileges of immunities shall ever be granted, that may not be altered, revoked, or repealed by the General Assembly.
Section 3. The people have the right to assemble together, in a peaceable manner, to consult for their common good; to instruct their Representatives, and to petition the General Assembly for the redress of grievances.
Section 4. The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.
Section 5. The right of trial by jury shall be inviolate.
Section 6. There shall be no slavery in this State; nor involuntary servitude, unless for the punishment of crime.
Section 7. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship, against his consent; and no preference shall be given, by law, to any religious society; nor shall any interference with the rights of conscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality and knowledge, however, being essential to good government, it shall be the duty of the General Assembly to pass suitable laws, to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools, and the means of instruction.
Section 8. The privilege of the writ of habeas corpus shall not be suspended, unless, in cases of rebellion or invasion, the public safety require it.
Section 9. All persons shall be bailable by sufficient sureties, except for capital offences where the proof is evident, or the presumption great.--Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted.
Section 10. Except in cases of impeachment and cases arising in the army and navy, or in the militia, when in actual service, in time of war, or public danger, and in cases of petit larceny and other inferior offences, no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury. In any trial, in any court, the party accused shall be allowed to appear and defend in person and with 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, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offence is alleged to have been committed; nor shall any person be compelled, in any criminal case, to be a witness against himself, or be twice put in jeopardy for the same offence.
Section 11. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted.
Section 12. No person shall be transported out of the State, for any offence committed within the same; and no conviction shall work corruption of blood, or forfeiture of estate.
Section 13. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor, in time of war, except in the manner prescribed by law.
Section 14. The right of the people to be secure in their persons, houses, papers, and possessions, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the person and things to be seized.
Section 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud.
Section 16. All courts shall be open, and every person, for an injury done him in his land, goods, person or reputation, shall have remedy by due course of law; and justice administered without denial or delay.
Section 17. No hereditary emoluments, honors, or privileges, shall ever be granted or conferred by this State.
Section 18. No power of suspending laws shall ever be exercised, except by the General Assembly.
Section 19. Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war, or other public exigency, imperatively requiring its immediate seizure, or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money; and in all other cases, where private property shall be taken for public use, a compensation therefor shall first be made in money, or first secured by a deposit of money; and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.
Section 20. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers, not herein delegated, remain with the people.
Section 1. The Legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives.
Section 2. Senators and Representatives shall be elected biennially, by the electors in the respective counties or districts, on the second Tuesday of October; their term of office shall commence on the first day of January next thereafter and continue two years.
Section 3. Senators and Representatives shall have resided in their respective counties, or districts, one year next preceding their election, unless they shall have been absent on the public business of the United States, or of this State.
Section 4. No person holding office under the authority of the United States, or any lucrative office under the authority of this State, shall be eligible to, or have a seat in, the General Assembly, but this provision shall not extend to township officers, justices of the peace, notaries public, or officers of the militia.
Section 5. No person hereafter convicted of an embezzlement of the public funds shall hold any office in this State; nor shall any person, holding public money for disbursement or otherwise, have a seat in the General Assembly, until he shall have accounted for and paid such money into the treasury.
Section 6. Each House shall be judge of the election, returns, and qualifications, of its own members; a majority of all the members elected to each House, shall be a quorum to do business; but, a less number may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such penalties, as shall be prescribed by law.
Section 7. The mode of organizing the House of Representatives, at the commencement of each regular session, shall be prescribed by law.
Section 8. Each house, except as otherwise provided in this Constitution, shall choose its own officers, may determine its own rules of proceeding, punish its members for disorderly conduct; and, with the concurrence of two-thirds, expel a member, but not the second time for the same cause; and shall have all other powers necessary to provide for its safety, and the undisturbed transaction of business.
Section 9. Each House shall keep a correct journal of its proceedings, which shall be published. At the desire of any two members, the yeas and nays shall be entered upon the journal; and on the passage of every bill, in either House, the vote shall be taken by yeas and nays, and entered upon the journal; and no law shall be passed, in either House, without the concurrence of a majority of all members elected thereto.
Section 10. Any member of either House shall have the right to protest against any act, or resolution thereof; and such protest, and the reasons therefor, shall, without alteration, commitment, or delay, be entered upon the journal.
Section 11. All vacancies which may happen in either House shall, for the unexpired term, be filled by election, as shall be directed by law.
Section 12. Senators and Representatives, during the session of the General Assembly, and in going to and returning from the same; shall be privileged from arrest, in all cases, except treason, felony, or breach of the peace, and for any speech, or debate, in either House, they shall not be questioned elsewhere.
Section 13. The proceedings of both Houses shall be public, except in cases which, in the opinion of two-thirds of those present, require secrecy.
Section 14. Neither House shall, without the consent of the other, adjourn for more that two days, Sundays excluded; nor to any other place than that in which the two Houses shall be in session.
Section 15. Bills may originate in either House, but may be altered, amended, or rejected in the other.
Section 16. Every bill shall be fully and distinctly read, on three different days, unless, in case of urgency, three-fourths of the House in which the question shall be pending, shall dispense with this rule. No bill shall contain more than one subject, which shall be clearly expressed in its title; and no law shall be revived, or amended, unless the new act contain the entire act revived, or the section or the sections amended; and the section, or sections, so amended, shall be repealed.
Section 17. The presiding officer of each House shall sign, publicly, in the presence of the House over which he presides, while the same is in session, and capable of transacting business, all bills and joint resolutions passed by the General Assembly.
Section 18. The style of the laws of this State shall be, "Be it enacted by the General Assembly of the State of Ohio."
Section 19. No Senator or Representative shall, during the term for which he shall have been elected, or for one year thereafter, be appointed to any civil office under this State, which shall be created, or the emoluments of which shall have been increased, during the term for which he shall have been elected.
Section 20. The General Assembly, in cases not provided for in this Constitution, shall fix the term of office, and the compensation of all officers; but no change therein shall affect the salary of any officer during his existing term, unless the office be abolished.
Section 21. The General Assembly shall determine, by law, before what authority, and in what manner, the trial of contested elections shall be conducted.
Section 22. No money shall be drawn from the treasury, except in pursuance of a specific appropriation, made by law ; and no appropriation shall be made for a longer period than two years.
Section 23. The House of Representatives shall have the sole power of impeachment, but a majority of the members elected must concur therein. Impeachments shall be tried by the Senate; and the Senators, when sitting for that purpose, 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 the Senators.
Section 24. The Governor, Judges, and all State officers, may be impeached for any misdemeanor in office; but the judgment shall not extend further than removal from office, and disqualification to hold any office under the authority of this State. The party impeached, whether convicted or not, shall be liable to indictment, trial, and judgment, according to law.
Section25. All regular sessions of the General Assembly shall commence on the first Monday of January, biennially. The first session under this constitution, shall commence on the first Monday of January, one thousand eight hundred and fifty-two.
Section 26. All laws of a general nature, shall have a uniform operation throughout the State; now shall any act, except such as relates to public schools, be passed, to take effect upon the approval of any other authority than the General Assembly, except as other provided in this constitution.
Section 27. The election and appointment of all officers, and the filing of all vacancies, not otherwise provided for by this constitution, or the constitution of the United States, shall be made in such manner as may be directed by law; but no appointing power shall be exercised by the General Assembly, except as prescribed in this constitution, and in the election of United States Senators; and in these cases the vote shall be taken "viva voce."
Section 28.. The General Assembly shall have no power to pass retro-active laws, or laws impairing the obligation of contracts; but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of parties, and officers, by curing omissions, defects, and errors in instruments and proceedings, arising out of their want of conformity with the laws of this State.
Section 29. No extra compensation shall be made to any officer, public agent, or contractor, after the service shall have been rendered, or the contract entered into; nor, shall any money be paid, on any claim, the subject matter of which shall not have been provided for by pre- existing law, unless such compensation, or claim, be allowed by two- thirds of the members elected to each branch of the General Assembly.
Section 30. No new county shall contain less than four hundred square miles of territory, nor, shall any county be reduced below that amount; and all laws creating new counties, changing county lines, or removing county seats, shall, before taking effect, be submitted to the electors of the several counties to be affected thereby, at the next general election after the passage thereof, and be adopted by a majority of all the electors voting at such election, in each of said counties; but any county now or hereafter containing one hundred thousand inhabitants, may be divided, whenever a majority of the voters residing in each of the proposed divisions, shall approve of the law passed for that purpose; but no town or city within the same, shall be divided, nor, shall either of the divisions contain less than twenty thousand inhabitants.
Section 31. The members and officers of the General Assembly shall receive a fixed compensation, to be prescribed by law, and no other allowance or perquisites, either in the payment of postage or otherwise; and no change in their compensation shall take effect during their term of office.
Section 32. The General Assembly shall grant no divorce, nor exercise any judicial power, not herein expressly conferred.
Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, and an Attorney General, who shall be chosen by the Electors of the State on the second Tuesday of October, and at the places of voting for members of the General Assembly .
Section 2. The Governor, Lieutenant Governor, Secretary of State, Treasurer, and Attorney General, shall hold their offices for two years; and the Auditor for four years. Their terms of office shall commence on the second Monday of January next after their election, and continue until their successors are elected and qualified.
Section 3. The returns of every election for the officers names in the foregoing section, shall be sealed up and transmitted to the seat of Government, by the returning officers, directed to the President of the Senate, who, during the first week of the session, shall open and publish them, and declare the result, 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 declared duly elected; but if any two or more shall be highest, and equal in votes, for the same office, one of them shall be chosen by the joint vote of both Houses.
Section 4. Should there be no session of the General Assembly in January next after an election for any of the officers aforesaid, the returns of such election shall be made to the Secretary of State, and opened, and the result declared by the Governor in such manner as may be provided by law.
Section 5. The supreme executive power of this State shall be vested in the Governor.
Section 6. 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 see that the laws are faithfully executed.
Section 7. He shall communicate, at every session, by message, to the General Assembly, the condition of the State, and recommend such measures as he shall deem expedient.
Section 8. He may, on extraordinary occasions, convene the General Assembly by proclamation, and shall state to both Houses, when assembled, the purpose for which they have been convened.
Section 9. In case of disagreement between the two Houses, in respect to the time of adjournment, he shall have power to adjourn the General Assembly to such times as he may think proper, but not beyond the regular meetings thereof.
Section 10. He shall be commander-in-chief of the military and naval forces of the State, except when they shall be called into the service of the United States.
Section 11. He shall have the power, after conviction, to grant reprieves, commutations, and pardons, for all crimes and offences, except treason and cases of impeachment, upon such conditions as he may think proper; subject, however, to such regulations as to the manner of applying for pardons, as may be prescribed by law. Upon conviction for treason, he may suspend the execution of the sentence, and report the case to the General Assembly at its next meeting, when the General Assembly shall either pardon , commute the sentence, direct its execution, or grant a further reprieve. He shall communicate to the General Assembly, at every regular session, each case of reprieve, commutation or pardon granted; stating the name and crime of the convict, the sentence, its date, and the date of commutation, pardon, or reprieve, with his reasons therefor.
Section 12. There shall be a seal of the 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."
Section 13. All grants and commissions shall be issued in the name, and by the authority of the State of Ohio; sealed with the Great Seal; signed by the Governor, and countersigned by the Secretary of State.
Section 14. No member of Congress, or other person holding office under the authority of this State, or of the United States, shall execute the office of Governor, except as herein provided.
Section 15. In case of death, impeachment, resignation, removal, or other disability of the Governor, the powers and duties of the office for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the Lieutenant Governor.
Section 16. The Lieutenant Governor shall be President of the Senate, but shall vote only when the Senate is equally divided; and in case of his absence or impeachment, or when he shall exercise the office of Governor, the Senate shall choose a President pro tempore.
Section 17. If the Lieutenant Governor, while executing the office of Governor, shall be impeached, displaced, resign, or die, or otherwise become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled, or the disability removed; and if the President of the Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of Governor, the same shall devolve upon the Speaker of the House of Representatives.
Section 18. Should the office of Auditor, Treasurer, Secretary, or Attorney General become vacant for any of the causes specified in the fifteenth section of this article, the Governor shall fill the vacancy until the disability is removed, or a successor is elected and qualified. Every such vacancy shall be filled by election, at the first general election that occurs more than thirty days after it shall have happened; and the person chosen shall hold office for the full term fixed in the second section of this article.
Section 19. The officers mentioned in this article, shall at stated times, receive, for their services, a compensation to be established by law, which shall neither be increased nor diminished, during the period for which they shall have been elected.
Section 20. The officers of the executive department, and of the public State institutions, shall, at least five days preceding each regular session of the General Assembly, severally report to the Governor, who shall transmit such reports with his message, to the General Assembly.
Section 1. The judicial power of the State shall be vested in a Supreme Court, in District Courts, Courts of Common Pleas, Courts of Probate, Justices of the Peace, and in such other Courts inferior to the Supreme Court, in one or more counties, as the General Assembly, may, from time to time, establish.
Section 2. The Supreme Court shall consist of five judges, a majority of whom shall be necessary to form a quorum, or to pronounce a decision. It shall have original jurisdiction in quo warranto, mandamus, habeas corpus, and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term, in each year, at the seat of government, and such other terms, at the seat of government or elsewhere, as may be provided by law. The Judges of the Supreme Court shall be elected by the electors of the State at large.
Section 3. The State shall be divided into nine common pleas districts, of which the county of Hamilton shall constitute one, of compact territory and bounded by county lines; and each of said districts, consisting of three or more counties, shall be subdivided into three parts of compact territory, bounded by county lines, and as nearly equal in population as practicable; in each of which one Judge of the court of common pleas for said district, and residing therein, shall be elected by the electors of said subdivision. Courts of common pleas shall be held by one or more of these Judges, in every county in the district; as often as may be provided by law; and more than one court or sitting thereof, may be held at the same time, in each district.
Section 4. The jurisdiction of the courts of common pleas and of the Judges thereof, shall be fixed by law.
Section 5. District courts shall be composed of the Judges of the court of common pleas of the respective districts, and one of the Judges of the supreme court, any three of whom shall be a quorum, and shall be held in each county therein, at least once in each year; but, if it shall be found inexpedient to hold such court annually in each county of any district, the General Assembly may, for such district, provide that said court shall hold at least three annual sessions therein, in not less than three places; provided, that the General Assembly may, by law, authorize the Judges of each district to fix the times of holding the courts therein.
Section 6. The district court shall have like original jurisdiction with the supreme court, and such appellate jurisdiction as may be provided by law.
Section 7. There shall be established in each county a probate court which shall be a court of record, open at all times and holden by one Judge elected by the votes of the county, who shall hold his office for the term of three years, and shall receive such compensation, payable out of the county Treasury, or by fees, or both, as shall be provided by law.
Section 8. The Probate Court shall have jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators and guardians, and such other jurisdiction in any county or counties, as may be provided by law.
Section 9. A competent number of justices of the peace shall be elected, by the electors, in each township in the several counties. Their term of office shall be three years, and their powers and duties shall be regulated by law.
Section 10. All judges, other than those provided for in the Constitution, shall be elected by the electors of the judicial district for which they may be created, but not for a longer term of office than five years.
Section 11. The Judges of the Supreme Court shall, immediately after the first election under this Constitution, be classified by lot; so that one shall hold for the term of one year, one for two years, one for three years, one for four years, and one for five years; and at all subsequent elections the term of each of said Judges shall be for five years.
Section 12. The Judges of the Court of Common Pleas shall, while in office, reside in the district for which they are elected; and their term of office shall be for five years.
Section 13. In case the office of any Judge shall become vacant before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the Governor, until a successor is elected and qualified, and such successor shall be elected for the unexpired term, at the first annual election that occurs more than thirty days after the vacancy shall have happened.
Section 14. The Judges of the Supreme Court and of the Court of Common Pleas shall, at stated times, receive for their services such compensation as may be provided by law, which shall not be diminished, or increased, during their term of office; but they shall receive no fees or perquisites, nor hold any other office of profit or trust under the authority of this State, or the United States. All votes for either of them, for any elective office, except a judicial office under the authority of this State, given by the General Assembly, or the people, shall be void.
Section 15. The General Assembly may increase or diminish the number of the Judges of the Supreme Court, the number of districts of the Court of Common Pleas, the number of Judges in any district, change the districts or the subdivisions thereof, or establish other courts, whenever two-thirds of the members elected to each house shall concur therein; but, no such change, addition, or diminution, shall vacate the office of any Judge.
Section 16. There shall be elected in each county, by the electors thereof, one Clerk of the Court of Common Pleas, who shall hold office for the term of three years, and until his successor shall be elected and qualified. He shall, by virtue of his office, be Clerk of all other courts of record held therein; but, the General Assembly may provide by law for the election of a Clerk with a like term of office, for each or any other of the Courts of Record, and may authorize the Judge of the Probate Court to perform the duties of Clerk for his Court, under such regulations as may be directed by law. Clerks of Courts shall be removable for such cause, and in such manner, as shall be prescribed by law.
Section 17. Judges may be removed from office by concurrent resolution of both Houses of the General Assembly, if two-thirds of the members elected to each House concur therein; but no such removal shall be made, except upon complaint, the substance of which shall be entered on the journal, nor until the party charged shall have had notice thereof, and an opportunity to be heard.
Section 18. The several Judges of the Supreme Court, of the Common Pleas, and of such other Courts as may be created, shall respectively have and exercise such power and jurisdiction, at chambers, or otherwise, as may be directed by law.
Section 19. The General Assembly may establish Courts of Conciliation, and prescribe their powers and duties; but such Courts shall not render final judgment in any case, except upon submission by the parties of the matter in dispute, and their agreement to abide such judgment.
Section 20. 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 State of Ohio."
Section 1. Every white male citizen of the United States, of the age of twenty one years, who shall have been a resident of the State one year next preceding the election, and of the county, township or ward, in which he resides, such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elections.
Section 2. All elections shall be by ballot.
Section 3. Electors, during their attendance at elections, and in going to and returning therefrom, shall be privileged from arrest in all cases, except treason, felony, and breach of the peace.
Section 4. The General Assembly shall have power to exclude from the privilege of voting, or of being eligible to office, any person convicted of bribery, perjury, or other infamous crime.
Section 5. No person in the military, naval or marine service of the United States, shall, by being stationed in any garrison or military or naval station within the State, be considered a resident of this State.
Section 6. No idiot or insane person, shall be entitled to the privileges of an elector.
Section 1. The principal of all funds arising from the sale or other disposition of lands, or other property granted or entrusted to this State for educational and religious purposes, shall forever be preserved inviolate, and undiminished; and, the income arising therefrom shall be faithfully applied to the specific objects of the original grants or appropriations.
Section 2. The general Assembly shall make such provisions by taxation, or otherwise, as with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the State, but no religious or other sect or sects shall ever have any exclusive right to, or control of, any part of the school funds of this State.
Section 1. Institutions for the benefit of the insane, blind, and deaf and dumb, shall always be fostered and supported by the State; and be subject to such regulations as may be prescribed by the General Assembly.
Section 2. The Directors of the Penitentiary shall be appointed or elected in such a manner as the General Assembly may direct; and the Trustees of the benevolent and, other State institutions, now elected by the General Assembly, and of such other State institutions as may be hereafter created, shall be appointed by the Governor, by and with the advice and consent of the Senate, and upon all nominations made by the Governor, the question shall be taken by the yeas and nays, and entered upon the journal of the Senate.
Section 3. The Governor shall have power to fill all vacancies that may occur in the offices aforesaid, until the next session of the General Assembly, and, until a successor to his appointee shall be confirmed and qualified.
PUBLIC DEBT AND PUBLIC WORKS.
Section 1. The State may contract debts to supply casual deficits or failures in revenues, or to meet expenses not otherwise provided for; but the aggregate amount of such debts, direct and contingent, whether contracted by virtue of one or more acts of the General Assembly, or at different periods of time, shall never exceed seven hundred and fifty thousand dollars; and the money arising from the creation of such debts, shall be applied to the purpose for which it was obtained, or to repay the debts so contracted, and to no other purpose whatever.
Section 2. In addition to the above limited power the State may contract debts to repel invasion, suppress insurrection, defend the State in war, or to redeem the present outstanding indebtedness of the State: but the money, arising from the contracting of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever; and all debts, incurred to redeem the present outstanding indebtedness of the State, shall be so contracted as to be payable by the sinking fund hereinafter provided for as the same shall accumulate.
Section 3. Except the debts above be specified in sections one and two of this article, no debt whatever shall hereafter be created by or on behalf of the State.
Section 4. The credit of the State shall not, in any manner, be given or loaned to, or in aid of, any individual, association or corporation whatever; nor shall the State ever hereafter become a joint owner, or stockholder, in any company or association in this State or elsewhere, formed for any purpose whatever.
Section 5. The State shall never assume the debts of any county, city, town, or township, or of any corporation whatever, unless such debt shall have been created to repel invasion, suppress insurrection, or defend the State in war.
Section 6. The General Assembly shall never authorize any county, city, town or township, by vote of its citizens, or otherwise, to become a stockholder in any joint stock company, corporation, or association whatever; or to raise money for or loan its credit to, or in aid of, any such company, corporation, or association.
Section 7. The faith of the State being pledged for the payment of its public debt, in order to provide therefor, there shall be created a sinking fund, which shall be sufficient to pay the accruing interest on such debt, and, annually, to reduce the principal thereof, by a sum not less than one hundred thousand dollars, increased yearly, and each and every year, by compounding, at the rate of six per cent, per annum. The said sinking fund shall consist, of the net annual income of the public works and stocks owned by the State, of any other funds or resources that are, or may be provided by law, and of such further sum, to be raised by taxation, as may be required for the purposes aforesaid.
Section 8. The Auditor of State, Secretary of State, and Attorney General, are hereby created a board of commissioners, to be styled "The Commissioners of the Sinking Fund."
Section 9. The Commissioners of the Sinking Fund shall, immediately preceding each regular session of the General Assembly, make an estimate of the probable amount of the fund, provided for in the seventh section of this article, from all sources except from taxation, and report the same, together with all their proceedings relative to said fund and the public debt, to the Governor, who shall transmit the same, with his regular message, to the General Assembly; and the General Assembly shall make all necessary provision for raising and disbursing said sinking fund, in pursuance of the provisions of this article.
Section 10. It shall be the duty of the said Commissioners faithfully to apply said fund, together with all moneys that may be, by the General Assembly, appropriated to that object, to the payment of the interest as it becomes due, and the redemption of the principal of the public debt of the State, excepting only the school and trust funds held by the State.
Section 11. The said Commissioners shall, semi-annually, make a full and detailed report of their proceedings to the Governor, who shall, immediately, cause the same to be published, and shall also communicate the same to the General Assembly, forthwith, if it be in session, and if not, then at its first session after such report shall be made.
Section 12. So long as this State shall have public works which require superintendence, there shall be a Board of Public Works, to consist of three members, who shall be elected by the people, at the first general election after the adoption of the Constitution; one for the term of one year, one for the term of two years, and one for the term of three years; and one member of said Board shall be elected annually thereafter, who shall hold his office for three years.
Section 13. The powers and duties of said Board of Public Works, and its several members, and their compensation, shall be such as now are, or may be, prescribed by law.
Section 1. All white male citizens, residents of this State, being eighteen years of age, and under the age of forty-five years, shall be enrolled in the militia, and perform military duty, in such manner, not incompatible with the Constitution and the laws of the United States, as may be prescribed by law.
Section 2. Majors General, Brigadiers General, Colonels, Lieutenant Colonels, Majors, Captains, and Subalterns, shall be elected by the persons subject to military duty, in their respective districts.
Section 3. The Governor shall appoint the Adjutant General, Quartermaster General, and such other staff officers, as may be provided by law. Majors General, Brigadiers General, Colonels or Commandants of Regiments, Battallions or Squadrons, shall, severally, appoint their staff, and Captains shall appoint their non-commissioned officers and musicians.
Section 4. The Governor shall commission all officers of the line and staff, ranking as such, and shall have power to call forth the militia to execute the laws of the State, to suppress insurrection, or to repel invasion.
Section 5. The General Assembly shall provide, by law, for the protection and safe keeping of the public arms.
COUNTY AND TOWNSHIP ORGANIZATIONS.
Section 1. The General Assembly shall provide, by law for the election of such county and township officers as may be necessary.
Section 2. County officers shall be elected on the second Tuesday of October, until otherwise directed by law, by the qualified electors of each county, in such manner, and for such term, not exceeding three years, as may be provided by law.
Section 3. No person shall be eligible to the office of Sheriff, or County Treasurer, for more than four years in any period of six years.
Section 4. Township officers shall be elected on the first Monday of April annually, by the qualified electors of their respective townships, and shall hold their offices for one year from the Monday next succeeding their election, and until their successors are qualified.
Section 5. No money shall be drawn from any county or township treasury, except by authority of law.
Section 6. Justices of the peace, and county and township officers, may be removed in such manner, and for such cause, as shall be prescribed by law.
Section 7. The commissioners of counties, the trustees of townships, and similar boards, shall have such power of local taxation, for police purposes, as may be prescribed by law.
Section 1. The apportionment of this State for members of the General Assembly, shall be made every ten years, after the year one thousand eight hundred and fifty-one, in the following manner: The whole population of the State, as ascertained by the federal census, or in such other mode as the General Assembly may direct, shall be divided by the number "one hundred," and the quotient shall be the ratio of representation in the House of Representatives, for ten years next succeeding such apportionment.
Section 2. Every county, having a population equal to one-half of said ratio, shall be entitled to one Representative; every county containing said ratio and three-fourths over, shall be entitled to two Representatives; every county containing three times said ratio, shall be entitled to three Representatives, and so on, requiring, after the first two, an entire ratio for each additional Representative.
Section 3. When any county shall have a fraction above the ratio, so large, that being multiplied by five, the result will be equal to one or more ratios, additional Representatives shall be apportioned for such ratios, among the several sessions of the decennial period, in the following manner: If there be only one ratio; a Representative shall be allotted to the fifth session of the decennial period; if there be two ratios, a Representative shall be allotted to the fourth and third sessions, respectively; if three, to the third, second, and first sessions respectively; if four, to the fourth, third, second, and first sessions respectively.
Section 4. Any county, forming, with another county or counties, a Representative district, during one decennial period, if it have acquired sufficient population at the next decennial period, shall be entitled to a separation representation, if there shall be left in the district from which it shall have been separated, a population sufficient for a representative; but no such change shall be made, except at a regular decennial period for the apportionment of representatives.
Section 5. If, in fixing any subsequent ratio, a county, previously entitled to a separate representation, shall have less than the number required by the new ratio for a representative, such county shall be attached to the county adjoining it, having the least number of inhabitants; and the representation of the district so formed, shall be determined as herein provided.
Section 6. The ratio for a Senator shall, forever hereafter, be ascertained by dividing the whole population of the State, by the number thirty-five.
Section 7. The State is hereby divided into thirty-three Senatorial districts, as follows: The county of Hamilton shall constitute of the first Senatorial district; the counties of Butler and Warren, the second; Montgomery and Preble, the third; Clermont and Brown, the fourth; Greene, Clinton and Fayette, the fifth; Ross and Highland, the sixth; Adams, Pike, Scioto and Jackson, the seventh; Lawrence, Gallia, Meigs and Vinton, the eighth; Athens, Hocking and Fairfield, the ninth; Franklin and Pickaway, the tenth; Clark, Champaign and Madison, the eleventh; Miami, Darke and Shelby, the twelfth; Logan, Union, Marion and Hardin, the thirteenth; Washington and Morgan, the fourteenth; Muskingum and Perry, the fifteenth; Delaware and Licking, the sixteenth; Knox and Morrow, the seventeenth; Coshocton and Tuscarawas, the eighteenth; Guernsey and Monroe, the nineteenth; Belmont and Harrison, the twentieth; Carroll and Stark, the twenty-first; Jefferson and Columbiana, the twenty-second; Trumbull and Mahoning, the twenty-third; Ashtabula , Lake and Geauga, the twenty-fourth; Cuyahoga, the twenty-fifth; Portage and Summit, the twenty-sixth; Medina and Lorain, the twenty-seventh; Wayne and Holmes, the twenty-eighth; Ashland and Richland, the twenty-ninth; Huron, Erie, Sandusky, and Ottowa, the thirtieth; Seneca, Crawford, and Wyandot, the thirty-first; Mercer, Auglaize, Allen, Van Wert, Paulding, Defiance and Williams, the thirty-second; and Hancock, Wood, Lucas, Fulton, Henry and Putnam, the thirty-third. For the first decennial period, after the adoption of this constitution, each of said districts shall be entitled to one Senator, except the first district, which shall be entitled to three Senators.
Section 8. The same rules shall be applied, in apportioning the fractions of senatorial districts, and in annexing districts which may hereafter have less than three-fourths of a senatorial ratio as are applied to representative districts.
Section 9. Any county forming part of a senatorial district, having acquired a population equal to a full senatorial ratio, shall be made a separate senatorial district, at any regular decennial apportionment, if a full senatorial ratio shall be left in the district from which it shall be taken.
Section 10. For the first ten years, after the year one thousand eight hundred and fifty-one, the apportionment of representatives shall be as provided in the schedule, and no change shall ever be made in the principles of representation, as herein established, or, in the senatorial districts, except as above provided. All territory belonging to a county at the time of any apportionment, shall, as to the right of representation and suffrage, remain an integral part thereof, during the decennial period.
Section 11. The Governor, Auditor, and Secretary of State, or any two of them, shall, at least six months prior to the October election, in the year one thousand eight hundred and sixty one, and at each decennial period thereafter, ascertain and determine the ratio of representation, according to the decennial census, the number of Representatives and Senators each county or district shall be entitled to elect, and for what years, within the next ensuing ten years, and the Governor shall cause the same to be published, in such manner as shall be directed by law.
Section 12. For Judicial purposes,
the State shall be apportioned as follows:
Section 13. The General Assembly shall attach any new counties that may hereafter be erected, to such districts or subdivisions thereof, as shall be most convenient.
FINANCE AND TAXATION.
Section 1. The levying of taxes by the poll, is grievous and oppressive; therefor, the General Assembly shall never levy a poll tax, for county or State purposes.
Section 2. Laws shall be passed, taxing, by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property, according to its true value in money; but burying grounds, public school houses, houses used exclusively for public worship, institutions of purely public charity, public property used exclusively for any public purpose; and personal property to an amount not exceeding in value two hundred dollars for each individual, may, by general laws, be exempted from taxation; but, all such laws shall be subject to alteration or repeal; and the value of all property, so exempted, shall, from time to time, be ascertained and published as may be directed by law.
Section 3.. The General Assembly shall provide, by law, for taxing the notes and bills discounted or purchased, moneys loaned, and all other property, effects, or dues, of every description, (without deduction,) of all banks, now existing, or hereafter created, and of all bankers, so that all property employed in banking, shall always bear a burden of taxation equal to that imposed on the property of individuals.
Section 4. The General Assembly shall provide for raising revenue, sufficient to defray the expenses of the State, for each year, and also a sufficient sum to pay the interest on the State debt.
Section 5. No tax shall be levied, except in pursuance of law; and every law imposing a tax shall state, distinctly, the object of the same, to which only, it shall be applied.
Section 6. The State shall never contract any debt for purposes of internal improvement.
Section 1. The General Assembly shall pass no special act conferring special corporate powers.
Section 2. Corporations may be formed under general laws; but all such laws may, from time to time, be altered, or repealed.
Section 3. Dues from corporations shall be secured, by such individual liability of the stockholders, and other means, as may be prescribed by law; but, in all cases, each stockholder shall be liable, over and above the stock by him or her owned, and any amount unpaid thereon, to a further sum, at least equal in amount to such stock.
Section 4. The property of corporations, now existing, or hereafter created, shall forever be subject to taxation, the same as the property of individuals.
Section 5. No right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money, or first secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation; which compensation shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law.
Section 6. The General Assembly shall provide for the organization of cities, and incorporated villages by general laws, and restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent the abuse of such power.
Section 7. No act of the General Assembly, authorizing associations with banking powers, shall take effect; until it shall be submitted to the people, at the general election next succeeding the passage thereof, and be approved by a majority of all the electors voting at such election.
Section 1. The General Assembly, at its first session after the adoption of this Constitution, shall provide for the appointment of three Commissioners, and prescribe their tenure of office, compensation, and the mode of filling vacancies in said commissions.
Section 2. The said commissioners shall revise, reform, simplify and abridge, the practice, pleading, form, and proceedings of the courts of record of this State; and, as far as practicable, and expedient, shall provide for the abolition of the distinct forms of action at law, now in use, and for administration of justice by a uniform mode of proceeding, without reference to any distinction between law and equity.
Section 3. The proceedings of the commissioners shall, from time to time, be reported to the General Assembly, and be subject to the action of that body.
Section 1. Columbus shall be the seat of government, until otherwise directed by law.
Section 2.. The printing of the laws, journals, bills, legislative documents, and papers for each branch of the General Assembly, with the printing required for the Executive and other departments of State, shall be let, on contract, to the lowest responsible bidder, by such Executive officers, and in such manner as shall be prescribed by law.
Section 3. An accurate and detailed statement of the receipts and expenditures of the public money, the several amounts paid, to whom, and on what account, shall, from time to time, be published, as shall be prescribed by law.
Section 4. No person shall be elected or appointed to any office in this State, unless he possess the qualifications of an elector.
Section 5. No person who shall hereafter fight a duel, assist in the same as second, or send, accept, or knowingly carry a challenge therefor, shall hold office in this State.
Section 6. Lotteries, and the sale of lottery tickets, for any purpose whatever, shall forever be prohibited in this State.
Section 7. Every person chosen or appointed to any office under this State, before entering upon the discharge of its duties, shall take an oath or affirmation, to support the Constitution of the United States, and of this State, and also an oath of office.
Section 8. There may be established in the Secretary of State's office, a bureau of statistics, under such regulations as may be prescribed by law.
Section 1. Either branch of the General Assembly may propose amendments to this Constitution; and if the same shall be agreed to by three-fifths of the members elected to each House, such proposed amendments shall be entered on the journals, with the yeas and nays, and shall be published in at least one newspaper, in each county of the State where a newspaper is published, for six months preceding the next election for Senators and Representatives, at which time the same shall be submitted to the electors for their approval or rejection; and if a majority of the electors voting at such election, shall adopt such amendments, the same shall become a part of the Constitution. When more than one amendment shall be submitted, at the same time, they shall be so submitted as to enable the electors to vote on each amendment, separately.
Section 2. Whenever two-thirds of the members elected to each branch of the General Assembly shall think it necessary to call a Convention, to revise, amend, or change this Constitution, they shall recommend to the electors to vote, at the next election for members to the General Assembly, for or against a Convention, and if a majority of all the electors voting at said election, shall have voted for a Convention, the General Assembly shall, at their next session, provide, by law, for calling the same. The Convention shall consist of as many members as the House of Representatives, who shall be chosen in the same manner, and shall meet within three months after their election, for the purpose aforesaid.
Section 3. At the general election, to be held in the year one thousand eight hundred and seventy-one, and in each twentieth year thereafter, the question, "Shall there be a Convention to revise, alter, or amend the Constitution?" shall be submitted to the electors of the State, and in case a majority of all the electors voting at such election shall decide in favor of a Convention, the General Assembly, at its next session, shall provide by law, for the election of delegates, and the assembling of such Convention, as is provided in the preceding section; but no amendment of this Constitution, agreed upon by any Convention assembled in pursuance of this article, shall take effect, until the same shall have been submitted to the electors of the State, and adopted by a majority of those voting thereon.
Section 1.. All laws of this State, in force on the first day of September, one thousand eight hundred and fifty-one, not inconsistent with this Constitution, shall continue in force until amended or repealed.
Section 2. The first election for members of the General Assembly, under this Constitution, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one.
Section 3. The first election for Governor, Lieutenant Governor, Auditor, Treasurer, and Secretary of State, and Attorney General, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one. The persons holding said offices on the first day of September, one thousand eight hundred and fifty one, shall continue therein until the second Monday of January, one thousand eight hundred and fifty-two.
Section 4. The first election for Judges of the Supreme Court, Courts of Common Pleas, and Probate Courts, and Clerks of the Courts of Common Pleas, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one; and the official term of such judges and clerks so elected shall commence on the second Monday of February, one thousand eight hundred and fifty-two. Judges and Clerks of the Courts of Common Pleas and Supreme Court in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office with their present powers and duties, until the second Monday of February, one thousand eight hundred and fifty two. No suit or proceeding pending in any of the courts of this State, shall be affected by the adoption of this Constitution.
Section 5. The Register and Receiver of the Land Office, Directors of the Penitentiary, Directors of the benevolent Institutions of the State, the State Librarian, and all other officers, not otherwise provided for in this Constitution, in office on the first day of September one thousand eight hundred and fifty-one shall continue in office until their terms expire, respectively, unless the General Assembly shall otherwise provide.
Section 6. The Superior and Commercial Courts of Cincinnati, and the Superior Court of Cleveland, shall remain, until otherwise provided by law with their present powers and jurisdiction, and the Judges and Clerks of said Courts in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until the expiration of their terms of office respectively, or, until otherwise provided by law; but neither of said Courts shall continue after the second Monday of February, one thousand eight hundred and fifty-three, and no suit shall be commenced in said two first mentioned Courts after the second Monday of February, one thousand eight hundred and fifty-two; nor in said last mentioned Court after the second Monday in August, one thousand eight hundred and fifty-two; and all business in either of said Courts, not disposed of within the time limited for their continuance as aforesaid, shall be transferred to the Court of Common Pleas.
Section 7. All county and townships offices and Justices of the Peace, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue on office until their terms expire, respectively.
Section 8. Vacancies in office, occurring after the first day of September, one thousand eight hundred and fifty-one, shall be filled as is now prescribed by law, and, until officers are elected or appointed, and qualified under this Constitution.
Section 9. This Constitution shall take effect on the first day of September, one thousand eight hundred and fifty-one.
Section 10. All officers shall continue in office until their successors shall be chosen and qualified.
Section 11. Suits pending in the Supreme Court in Bank, shall be transferred to the Supreme Court, provided for in this Constitution, and be proceeded in according to law.
Section 12. The District Courts shall, in their respective counties, be the successors of the present Supreme Court, and all suits, prosecutions, judgments, records and proceedings, pending and remaining in said Supreme Court, in the several counties of any district, shall be transferred to the respective District Courts of such counties, and be proceeded in, as though no change had been made in said Supreme Court.
Section 13. The said Courts of Common Pleas shall be the successors of the present Courts of Common Pleas, in the several counties, except as to probate jurisdiction; and all suits, prosecutions, proceedings, records, and judgments, pending, or being in said last mentioned Courts, except as aforesaid, shall be transferred to the Courts of Common Pleas created by this Constitution, and proceeded in, as though the same had been therein instituted.
Section 14. The Probate Courts provided for in this Constitution, as to all matters within the jurisdiction conferred upon said Courts, shall be the successors, in the several counties, of the present Courts of Common Pleas; and the records, files and papers, business and proceedings, appertaining to said jurisdiction, shall be transferred to said Courts of Probate, and be there proceeded in according to law.
Section 15. Until otherwise provided by law, elections for Judges and Clerks shall be held, and the poll books returned, as is provided for Governor, and the abstract therefrom, certified to the Secretary of State, shall be by him opened, in the presence of the Governor, who shall declare the result, and issue commissions to the persons elected.
Section 16. Where two or more counties are joined in a Senatorial, Representative, or Judicial district, the returns of elections shall be sent to the county having the largest population.
Section 17. The foregoing Constitution shall be submitted to the electors of the State, at an election to be held on the third Tuesday of June, one thousand eight hundred and fifty-one, in the several election districts of this State. The ballots at such election shall be written or printed as follows: Those in favor of the Constitution, "New Constitution, Yes;" those against the Constitution, "New Constitution, No." The polls at said election shall be opened between the hours of eight and ten o'clock, A.M., and closed at six o'clock, P.M.; and the said election shall be conducted, and the returns thereof made and certified, to the Secretary of State, as provided by law for annual elections of state and county officers. Within twenty days after such election, the Secretary of State shall open the returns thereof, in the presence of the Governor; and, if it shall appear that a majority of all the votes cast at such election are in favor of the Constitution, the Governor shall issue his proclamation, stating that fact, and said Constitution shall be the Constitution of the State of Ohio and not otherwise.
Section 18. At the time when the votes of the electors shall be taken for the adoption or rejection of this Constitution, the additional section in the words following, to-wit: "No license to traffic in intoxicating liquors shall hereafter be granted in this State; but the General Assembly 'may by law, provide against evils resulting therefrom,' shall be separately submitted to the electors for adoption or rejection, in form following, to-wit: A separate ballot may be given by every elector, and deposited in a separate box. Upon the ballots given for said separate amendment shall be written, or printed, or partly written and partly printed, the words, "License to sell intoxicating liquors, "Yes;" and upon the ballots given against said amendment, in like manner, the words, "License to sell intoxicating liquors, No." If at the said election a majority of all the votes given for and against said amendment shall contain the words, "License to sell intoxicating liquors, No," then the said amendment shall be a separate section of article fifteen of the Constitution.
Section 19. The apportionment
for the House of Representatives during the
first decennial period under this Constitution
shall be as follows:
Done in Convention at Cincinnati, the tenth day of March, in the year of our Lord, one thousand eight hundred and fifty-one, and of the Independence of the United States the seventy-fifth.
William Medill, President.
Attest: Wm. H. Gill, Secretary.
S.J. Andrews, William Barbee, Joseph Barnett, David Barnett, Wm. S. Bates, A.I. Bennett, John H. Blair, Jacob Blickensderfer, Van. Brown, R.W. Cahill, L. Case, David Chambers, John Chaney, H.D. Clark, George Collings, Friend Cooke, Otway Curry, G. Volney Dorsey, Thos. W. Ewart, John Ewing, Joseph M. Farr, Elias Florence, Robert Forbes, H.N. Gillett, John Graham, Jacob J. Greene, John L. Green, Henry H. Gregg, W.S. Groesbeck, C.S. Hamilton, D.D.T. Hard, A. Harlan, William Hawkins, James P. Henderson, Peter Hitchcock, J. McCormick, G.W. Holmes, Geo. B. Holt, John J. Hootman, V.B. Horton, Sam'l. Humphreville, John E. Hunt, John Johnson, J. Dan. Jones, James B. King, S.J. Kirkwood, Thos. J. Larsh, William Lawrence, John Larwill, Robert Leech, D.P. Leadbetter, John Lidey, James Loudon, H.S. Manon, Samson Mason, Matthew H. Mitchell, Isaiah Morris, Charles McCloud, S.F. Norris, Chas. J. Orton, W.S.C. Otis, Thomas Patterson, Dan'l. Peck, Jacob Perkins, Samuel Quigley, R.P. Ranney, Chas. Reemelin, Adam N. Riddle, Edward C. Roll, Wm. Sawyer, Sabirt Scott, John Sellers, John A. Smith, George J. Smith, B.P. Smith, Henry Stanbery, B. Stanton, Albert V. Stebbins, E.T. Stickney, Harmon Stidger, James Struble, J.R. Swan, L. Swift, James W. Taylor, N.S. Townshend, Elijah Vance, Wm. M. Warren, Thomas A. Way, J. Milton Williams, Elzey Wilson, Jas. T. Worthington, E.B. Woodbury, H.C. Gray, Edward Archbold
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