Gallipolis journal. [volume], March 20, 1851, Image 1

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1 .i:j'noi :iut
Published by James narper. ."Truth and JaMice." r ! At $1 50 In Adranco
Volume XVI..-Number 16. GALLIPOLIS, OHIO, -MARCH 20, 1851. Whole Number, 796.
' '
CONSTITUTION
THE STATE OF OHIO.
We the people of the State of
Ohio, grateful to Almighty God for
pur freedom, to secure its blessing
and promote our common welfare,
do esUblifh this Constitution.
ARTICLE Ⅰ.
BILL OF RIGHTS.
Sectioh 1. All men are by na
ture free and independent, and have
certain inalienable rights, among
which are those of enjoying and de
fending life and liberty, acquiring,
possessing and protecting property,
and seeking and obtaining happiness
and safety.
. Sac 2. All political power is in
tierent in the people. Government
U instituted for their equal protec
tion aad benefit; and they have the
right to alter, reform, or abolish the
same, wheaever they may deem it
necessary: and no special privileges
nr immnniiiM shall ever be granted !
that may not be altered, revoked, or i
repealed by the Uenerai Assemoiy.
Sec. 3. The people have the right
to assemble together, in a peaceable
manner, to consult lor their common
good, to instruct their Kepresenta
tives, and to petition the Genera
Assembly for the redress of grievan
ces.
' Sec 4. The people have the right
to bear arms for their defense and
security; but standing armies, in
time of peace, are dangerous to lib
erty, and shall nut be kept up; and
the military shall be in strict subordi
nation to the civil power.
Sec 5. The right of trial by jury
shall be inviolate.
Sec 6. There shall be no slavery
in this State; nor involuntary servi
tude, unless for the punishment of
crime.
Sec 7. All men have a natural
and indefeasible right to worship Al
mighty God according to the dic
tates of their own conscience. No
person shaH be compelled to attend
erect, or support any place of wor
ship, or maintain any form of wor
hip, against his consent; and no
prelerence shall be given, by law, to
any religious society; nor snan any
interferance with the rights of con
science be permitted. No religious
test shall be required as a qualifies
tion for office, nor shall any person
be incompetent to be a witness on ac
count 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 dutv of
the General Assembly to pass suita
ble laws, to protect every religious
denomination in the peaceable en
joyment of its own mode of public
worship, and to encourage schools,
and the means of instruction.
3 ec. 8. The privilege of the writ
of habeas corpus shall not be suspen
ded, unless in cases of rebellion or
invasion, the public safety requ'we
it
Sec. 9. All persons shall be bail
able 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.
. Sec 10. Except in cases of im
peachment and cases arising in the
army and navy, or in the militia,
when in actual service, in time of
war, or nblie danger, and in cases
of petit larceny and other inferior
ces, no person shall be held to
answer lora capum 01 viunwno in
famous crime, unless on presentment
or Indictment of a grand jury. In
any trial, in any court, the party ac
cused 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 be
half, and a speedy public trial by an
Impartial jury of the county or dis
trict in which the offence is alleged
to have been committed; nor shall
ov person be compelled, in any
criminal case, to be a witness against
himself, or be twice put in jeopardy
for the same offence.
'- Sec 11- Every citizen may freely
neak. write, and publish his senti
ments on all subjects, being respon
sible for the abuse of the right; and
via law shall be passed to restrain or
Abridge the liberty of speech or of
the press. ib ' criminal prosecu
tion for libel, the truth may be given
id evidence to the jury, and if it shall
appear to the jury mai me maiier
titled as libelous is true, and was
.Wished with eood motives and for
fustiSable ends, the party shall be
' Sec 12. No person shall be trans-
or
of
of
be
its
for
its
on
ported out of the State for any of
fense committed within the same;
and no conviction shall work cor
ruption of blood, or forfeiture of es
tate.
Sec 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.
Sac 14. The right of the people
to be secure in their persons, bouses,
papers, and possessions, against un
reasonable searches and seizures,
shall not be violated; and no war
rant shall issue, but upon probable
cause, supported by oath or affirma
tion, particularly describing the place
to be searched, and the person and
things to be seized.
Sec 15. No person shall be im
prisoned for debt in any civil actio1!.,
on mesne or final process, unless in
cases of fraud.
Sec. 16. All courts shall be open,
and every person, for an injury done
him in his land, goods, person, or
reputation, shall nave remedy by
due course of law; and justice, ad
ministered without denial or delay.
Sec 17. No hereditary emolu
ments, honors, or privilegeshall ever
be era n ted o r conferred by this
State.
Sec. 18. No power of suspending
laws shall ever be exercised, except
by the General Assembly,
Sec 19. Private property shall
ever be held inviolate, but subservient
to the public welfare. When taken
in time of war, or other public ex
igency, 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 Tor public use, a com
pensation 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 ow
ner. Sec. 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.
in
ARTICLE Ⅱ.
LEGISLATIVE.
Section 1. The Legislative power
of this stale shall be vested in a uen
eral Assembly, which shall consist of a
Senate and House of .Representatives
Sec. 2 Senators and Kepresenta'
tives shall be elected biennially, by the
electors in the respective counties or
districts, on the second Tuesday of Oc
tober; their term of office shall com
mence on the first'day of January next
thereafter, and continue two years.
Sec. 3. Senators and Kepresenta
tives shall have resided in their respec
tive counties, or districts, one year
next preceding their election, unless
they shall have been absent on the pub'
lie business of the United States, or
this State.
Sec. 4. No person holding office
under the authority of the United States,
any lucrative office under the author
of this State, shall be eligible to, or
have a seat in, the uenerai Assembly;
but this provision shall not extend to
township officers, justices of the peace,
notaries public, or officers of the
militia.
Sec. 5. No person hereafter convic
ted 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.
sec. 6. rach House shall be judge
the election, returns, and qualifica
tions, of its own members; a majority
all the members elected to each
House, shall be a quorum to do busi
ness; but, a less number may adjourn
from day to day, and compel the atten
dance of absent members, in such man
ner, and under such penalties, as shall
prescribed by law.
Sec. 7. The mode of organizing the
House of Representatives at the com
mencement of each regular session,
shall be prescribed by law.
Sec. 8. Each house, except as other
wise provided in this Constitution, shall
choose its own officers, may determine
own rules of proceedings, punish its
members for disorderly conduct; and,
with the concurrence of two-thirds, ex
pel a member, but not the second time
the same cause; and, shall have all
other powers, necessary te provide for
safety, and the undisturbed transac
tion of its business.
Sec. 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
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 ahall be passed, in either
House, without the concurrence of a
majority of all the members elected
thereto.
Szc. 10. Any member of either
House shall have the right to protest
of
for
and
tion
ted,
all
any
hold
this
to
the
I
of
ture,
the
than
this
the
no
as
in
be
shall
upon
ties,
ot
shall
against any act, or resolution thereof;
and such protest, and the reason there
for, shall, without alteration commit
ment, or delay, be entered upon the
journal.
Sec. II. All vacancies which may
happen in either House shall, for the
unexpired term, be filled by election, as
shall be directed by law.
Sec 12. Senators and Representa
tives, during the session of the General
Assembly, and in going to and return
ing from the same, shall be privileged
from arrest, in all cases, except treason.
felony, or breach of the peace; and tor
any speech; or debate, in either House,
they shall not be questioned elsewhere.
Sec. 13. The proceedings of both
Houses shall be public, except in cases
which, in the opinion of two-thirds of
those present, require secrecy.
Sec. 14. XSeither House shall, with
out the consent of the other, adjourn for
more than two days, Sundays excluded;
nor to any other place than that in
hich the two Houses shall be in ses
sion.
Sec. 15. Bills may originate in
either House; but may be altered,
amended, or rejected in the other.
Sec. 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 it shall
be pending, shall dispense with this rule.
No bill shall contain more than one sub
ject, 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
sections amended; and the section, or
sections, so amended, shall be repeal
ed. I
Sec. 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.
Sec. 18. The style of the laws of
this State shall be," Be il enacted by
the General Assembly of the State of
Ohio."
Sec. 19. No Senator or Represen
tative 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 elec
ted.
Sec. 20. The General Assembly,
cases not provided for in this Con
stitution, shall fix the term of office,
the compensation of all officers;
no change therein shall affect the
salary of anv officer during his exis
ting term, unless the office be abolished.
Sec 21. The General Assembly
shall determine, by law, before what
authority, and i n what manner, the
trial of contested elections shall be con
ducted.
Sec, 22. No money shall be drawn
from the treasury, except in pursuance
a specific appropriation, made by
law; and no appropriation shall be made
a longer period than two years.
Sec. 23. The House of Representa
tives shall have the sole power of Im
peachment, but a majority of the mem
bers elected must concur therein. Im
peachments shall be tried by the Senate;
the Senators, when sitting for that
purpose, shall be upon oath or affirma
to do justice according to law and
evidence. No person shall be convic
without the concurrence of two
thirds of the Senators.
Sec. 24. The Governor, Judges and
State officers may be impeached for
misdemeanor in office; but judg
ment shall not extend further than re
moval from office, and disqualification to
any office under the authority of
State. The party impeached, wheth
er convicted or not, shall be liable to in
dictment, trial, and judgment, according
law.
Sec. 25. All regular sessions of the
Oeneral Assembly shall commence on
first Monday of January, biennially.
he first session under this constitu
tion shall commence on the first Monday
January, one thousand eight hun
dred and fiftv-two:
Sec 26. All laws, of a general na
shall have a uniform operation
throughout the State; nor shall any act,
except such as relates to common
schools, be passed, to take effect upon
approval of any other authority
the General Assembly, except as
otherwise provided in this Constitution.
Sec. 27. 1 he election and appoint
ment of all officers, and the filling of all
vacancies not otherwise provided for by
constitution, or the constitution of
United States shall be made in such
manner as may be directed by law; but
appointing power shall be excerci
sed by the General Assembly, except
prescribed in this constitution, and
the election of United States Sena
tors; and in these cases the vote shall
taken "viva voce"
Sec 28. The General Assembly
have no power to pass retro-active
or laws impairing the obligation of
contracts; but may, by general laws
authorize courts to carry into effect,
such terms as shall - be jest and
equitable, the manifest intention of par
and officers, by curing omissions,
defects, and errors, in instruments and
proceedings, arising out of their want
conformity with the laws of this
State.
Sec. 29. No extra ' compensation
be made to any officer, public
agent, or contiactor, after the service
on
j
on
ted
for
the
f
the
the
ity
of
son
but
est,
by
sion
of
of
the
and
in
tion,
the
the
at
the
state
bled,
have
to
have
think
they
of
after
and
1
shall have been rendered, or the con
tract entered into; nor, shall any mon
ey be "paid, or any claim, the subject
matter of which shall not nave been
provided for by pre-existing law, unless
such compensation, or claim, be allowed
by two-thirds of tbe members elected
to each branch of the- General Assent
bly. i
Sec 30. No new county shall eon-
tain less than lour hundred square
miles of territory ,nor shall any coun
ty be reduced below that amount;
and all laws creating new counties,
changing county lines, or removing
county seats, shall, before taking el-
feet, be submitted to tbe electors of
the several counties to be effected
thereby, at the next general election
after the passage thereof, and be
adopted by a majority of all the elec
tors voting at such election, in each
of said counties; but any county now
or hereafter containing one hundred
thousand inhabitants, may be divi
ded, whenever a majority of the vo
ters, residing in each ol the propos
ed 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.
Sec 31. The members and offi
cers of the General Assembly shall
receive a fixed compensation, to be
prescribed by law, and no other al
lowance or perquisites, either in the I
payment of postage or otherwise; and
no change in their compensation shall
take effect during their term ot of
fice. Sec 32. The General Assembly
shall grant no divorce, nor, exercise
any judicial power, not herein ex
pressly conferred.
ARTICLE Ⅲ.
EXECUTIVE.
Sec 1. The Executive Depart
ment shall consist of a Governor,
Lieutenant Governor, Secretary of
State, Auditor, Treasurer, and an
Attorney General, who shall he
chosen by the electors of the State
the second Tuesday of October,
and at the places of voting for mem
bers of the General Assembly
Sec. 2. The Governor, Lieuten
ant Governor, Secretary of State,
treasurer, and Attorney General
shall hold their offices lor two years
and the Auditor for four years.
Their terms of office shall commence
the second Monday of January
next after their election, and con
tinue until their successors are elec
and qualified
Sec 3. The returns of every election
the officers named in the foregoing
section, shall be sealed up and trans
milted to the seat of Government by
returning officers, directed to the
resident of the Senate, who, during
first week of the session, shall
open and publish them, and declare
result in the presence of a major
of the members of each House
the General Assembly. The per
having the highest number of
votes shall be declared duly elected
if anv two or more shall be high
and equal in votes, for the same
office, one of them shall be chosen
the joint vote of both Houses.
bEc 4. should there be no ses
of the General Assembly in Jan
uary next alter an election lor anv
the officers aloresaid, the returns
such election shall be made to
Secretary of State, and opened,
the result declared by the Gov
ernor, in such manner as may be
provided by law.
Sec 5. The supreme executive
power of this State shall be vested
the Governor.
Sec 6. He may require informa
in writing, Irom the officers in
executive department, upon anv
subject relating to the duties of their
respective offices; and shall see that
laws are faithfully executed
Sec 7. He shall communicate,
every session, bv message to the
General Assembly, the condition of
State, recommend such meas
ures as he shall deem expedient. .
Sbc 8. He may, on extraordina
ry occasions, convene the General
Assembly by proclamation, and shall
to both Houses, when assem
the purpose for which they
been convened.
Sec' 9. In case of disagreement
between the two Houses in respect
the time of adjournment, he shall
power to adjourn the General
Assembly to such time as ha may
proper, but not beyond the reg
ular meetings thereof. -
Sec 10. He shall be commander-in-chief
of the military and na
val forces of the State, except when
shall be called into the service
the United States.
Sec 11. .He shall have power,
conviction, to grant reprieves,
commutations, and pardons, for all
crimes and onetices, except treason
of
to
til
it
son
the
in
c
five
sion
the
in
ties,
from
t
quo
one
of
at
TL.
hall
the
ded
nf
shall
and
caeet of impeachment, upon such
conditions as he may think proper, of
subject, however, to such regulations
as to tbe manner of applying- for
pardons, as may be prescribed by
taw. upon convictions lor treason
he mar suspend the execution of
the sentence, and report the case to
the General Assembly at its next
meeting, when the General Assem
bly shall either pardon, commute tbe
sentence, direct its execution, or
grant a further reprieve. He shall
communicate to the General Assem
bly, at every regular session, each
case of reprieve, commutation, or
pardon granted, stating the name
and crime of the convict, the sen
tence, its date, and the date of the
commutation, pardon or reprieve,
with his reason therefor.
Sec 12. There shall be a seal
of the State, which shall be called
'The Great Seal of the State of
Ohio."
Sec 13. All grants and com
missions shall be issued in tbe name,
and by the authority of the. State of
Uhio, sealed with the Great Seal,
signed by the Governor, and coun'
tersigned by the Secretary of State,
oec 14. rio member of Congress,
or other person holding office under
the authority of this State, or of the
United States, shall execute the of
fice of Governor, except as herein
provided.
Snc. 15. In case of the death,
impeachment, resignation, removal,
or other disability of the Governor,
the powers and duties of the office
for the residue of the term, or un
til be shall be acquitted, or the disa
bility removed, shall devolve upon
the Lieutenant Governor.
Sec 16. The Lieutenant Gov
ernor shall be President of the Senate
but shall vote only when the Senate
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.
Sec 17. If the Lieutenant Gov
ernor, while executing the office of
Governor, shall be impeached, dis
placed, resign,or die, or otherwise be
come incapable of performing the
duties oi the office, the President of
the Senate shall act as Governor un
til the vacancy is filed, or the disa
bility removed; and if the President
of the Senate, for any of the above
causes, shall be rendered incapable
performing the duties pertaining
the office of Governor, the same
shall devolve upon the Speaker ol
the House of Representatives.
Sec IS. Should the office of Au
ditor, Treasurer, Secretary, or At
torney General' become vacant for
an' of the causes specified in the fif
teenth section of this article, the
Governor shall fill the vacancy un
the disability is removed, or a sue
cessor elected and qualified. Every
such vacancy shall be filled by elec
tion at tbe first general election that
occurs more than thirty days after
shall have happened, and the per
chosen shall hold tho office lor
full term fixed in the second sec-
lion of this article.
Sec 19, The officers mentioned
this article, shall at stated times
receive for their services a compen
sation to be established bv law,
which shall neither be increased nor
diminished, during the period (or
which they shall have been elected
Sec 20. The officers of the ex
ecutive department, and of the pub-
State institutions, shall at least
days preceding each regular ses
ol the General Assembly, seve
rally report to the Governor, who
shall transmit such reports with his
message, to the General Assembly.
ed
of
or
of
and
by
the
by
of
may
ger
the
tion,
shall
one
one
the
be
in
term
Judge
ARTICLE Ⅳ.
JUDICIAL.
Sec I. The judicial power of
State shall be vested in a Su
preme Court, in District Courts,
Courts of Common Pleas, Courts of
Probate, Justices of the Peace, and
such other Courts inferior to the
Supreme Court, in one or more coun
as the General Assembly may
time to time establish.
Sec 2. The Supreme Court shall
consist of fire Judges, a majority of
whom shall be necessary to form a
quorum, or to pronounce a decision.
shall have original jurisdiction in
warranto, mandamus, habeas
corpus, and procedendo, and such
ppellate jurisdiction as may be pro
vided by law. It shall hold at least
term, in each year, at the seat
government, snd such other terms.
the seat of government or else
where, as may be provided by law,
T..J - r .L- o Vl J
iiiBjuugcs ui i no oopreme isouijf
be elected by the electors
State at large. . 'i J
Sec. 3. The State shall be (
into nine common pleas distf
orkiph ttia unnnlw gt f-T.ir
constitute one of compa
ritory and bounded by county
each of said districts conf
and
shall
term,
that
after
and
ted
sbaH
their
fees
profit
State,
either
a
State,
people.
crease
ef
trie
be
three or more counties, i
'
subdivided into three parts of com-
pact territory, bounded by count v
1- 1- m . .
lines, ana as nearly equal in popula
tion 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 elec
tors of said subdivision. Courts of
common pleas shall be held by one
or more ot these Judges, in every
county in the district, as often as
may be provided by taw, and more
than one court on flitting thereof
may be held at tho same time, in
each district.
Sec 4. The jurisdiction of the
courts of common pleas and of the
Judges thereof, shall be fixed by
law.
Sec. 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. -anv 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 distiict to fix the
times of holding the courts therein.
Sec, 6. The district court shall
have like original jurisdiction with the
supreme court, and such appellate
jurisdiction, as may be provided by
law,
Sec 7. There shall be establish
in each county a probate court
record, open at all times and hoi-
den bv one Judge elected by the vo
ters 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,
by lees, or both, as shall be pro-
viaea Dy law.
Sec 8. The Probate Court shall
have jurisdiction in probate and tes
tamentary matters, the appointment
administrators and guardians, the
settlement of the accounts of execu
tors, administrators and guardians,
and such jurisdiction in habeas cor
pus, the issuing of marriage licen
and for the sale of land by exec
utors, administrators and guardians,
such other jurisdiction in any
county or counties, as may be provi
ded by law.
Sec 9. A competent number of
justices of the peace shall be elected
the electors in each township in
several counties. Their term of
office shall be three years, and their
powers and duties shall be regulated
law.
Sec 10. AH judges, other than
those provided for in this Constitu
shall be elected by the electors
the judicial district for which they
be created, but not for a Ion
term of office than five years.
Sec 11. The Judges of the Su
preme Court shall, immediately after
first election under this Constitu
be classified by lot; so that one
hold for the term of one year,
for two years.one lor three years,
for four years, and one for five
years; and at all subsequent elections
term of each of said judges shall
for five years
Sec 12. The Judges of the
Courts of Common Pleas shall, while
office, reside in the district for
which they are elected; and their
of office shall be for five years.
Sec 13. In case the office of any
shall become vacant before the
expiration of the regular term for
he was elected, the vacancy
be filled by appointment by the
Governor until a successor is olected
qualified, and such successors
be elected for the unexpired
at the first annual election
occurs more than thirty days
the vacancy shall have happen
ed. Sec. 1 4. The J urlges of tbe 1 upreme court
of the court of common pleat shall at sta
times, receive for their services tuch com
pensation as may be provided by law, which
not be diminished or increased during
term of office, but they stall receive no
or perquisites, nor bold any other office of
or trust under the authority of this
nr the United State. All rotes for
W them, far any elective office, except
judicial omce nnder toe authority of th
given by tbe General Assembi--"""
sh-., . m
or
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4
Court t perform tba duties of d era ft hi
court, under suds refutations as mar ba diree
ted by lew Qlerts of courts shall be aaoveabia
for such cause, and ia such manner, a shall ba
prescribed by ta . - - -
8 re 47. .JaHgae na be remoisil sroaa a.
See by concurrent rreolutioq of both Houses of
tbe General Atsesabiy, if two-thin e the)
wnrben elected to each House concur theeeifli
but no such removal shall be made, except ap-
a complaint, the substance mt which ahall be
entered eu the journal, nor until the party
T snail have had aotio thereof, and aa
opportunity to be beards :'" ':
Sac 19. The several judges of the Supreme
Court, of the Common Pleas, and of such otbe
courts a may be created, shall respectively
oave mna exercise such newer sad turisdictieo.
at chambers, or otherwise, at nut be directed
by law. -
See. 19. The) General AssemUrmav estah.
litb courts of conciliation, and preaerioe their
powers and duties, bnt sorb courts shall not
render final judgment ia any ease, exoept up
on submission by tbe parties ot tbe matter in
dispute, and their agreement to abide such
judgment.
!sc. VU. Tbe style of all Droeest shall ba
The State of Ohio," All prosecutions shall
be carried on in the name and by the authority
the State of Ohio, and all indictments
shall conclude "against tbe peace and dignity
tbe State of Ohio."
ARTICLE V.
ELECTIVE FRANCHISE.
Sac, 1. Every while male citizen of the
United States, of the age of tweaty-one years,
who shall have been a resident of tbe State
one year preceding the election, and of the
county, township or ward in which he resides
such time as may be provided by law. shall bare
the qualifications of an elector, and be enti
tled to vote at all elections.
Sec. 3. All elections shall be by ballot. .
Sac. 1 Electors, during their attendance
elections, and in going to and returning
therefrom, shall be privileged from arrest ia all
cases, except treason, felony, and breach of tbe
peace.
Sac. 4 . Tbe General Assembly shall have
power to exclude from the privilete of votinc.
of being eligible to office, any person con
victed of bribery, perjury, or other infamous
crime.
Sec. 5. No person in the military, naval
marine service of the United State shall,
being stationed in any garrison or military
naval station within tbe State, be consider
ed a resident of this State.
Sec. fi. No idiot or insane person shall be
entitled to the privilege of an elector.
ARTICLE Ⅵ.
EDUCATION.
Sec. I. The Drincioal of all funds arisinc
from the sale or other disposition of lands or
other property granted or entrusted to tbit
state for educational and religious purpose.
forever be preserved inviolate and undi
minished, and the mnne arising therefrom
hall be faithfully applied to the specific ob
of the original gran Is or appropriations.
sac 2. The General Anemhly shall make
provisions by taxation or otherwise, as
the Income arising from tbe school trust
fund, will secure a thorough and efficient sys
tem of common schools throughout the State,
no religious or other sect or sects shall ever
any exclusive right to or control of any
of the soliool funds ef this State.
ARTICLE Ⅶ.
PUBLIC INSTITUTIONS.
Sec. I. Institutions for tbe benefit of the
insane. Mind, and deaf and dumb, shall alwase
fostered and supported by tbe State, and ba
subject to inch regulations as may be pra-
w. i. - n i . l. t
uiun vj two (umiuiji j
Seo. 2. The Director, of the Penitentiary
be appointed or elected in such manner
the General Assembly may direct, and the)
Trustee of the benevolent and other Stat j in
stitutions, now elected by the General Assent
blj.and of such other State institutions a
be hereafter created, shall ba appointed
tbe Governor, by, and with tbe advice and
consent of tbe Senate, and upon all nomina
tions made by tbe Governor, the question shall
taken by yeas and nays, and entered upon
journals of the Senate ,
Sec. 3 . Tbe Governor shall bare power to
all vacancies that may occur in the office
aforesaid until the next session of the Gener
al Assembly, and until a successor to his ap
pointee shall be confirmed and qualified.
ARTICLE Ⅷ.
PUBLIC DENT AND PUBLIC WORKS.
Sec. 1. The State may contract debts to
casual deficits or failures in revenue.
to meet expense not otherwise provided
but the arzrerate amount of such debts.
and contingent, whether contracted by
of one or more acts of the General As
sembly, or at different periods of time, shall
exceed seven hundred and fifty thousand
and the money arising from the crea
of such debts shall be applied ta the pur.
fur which it was obtained, or to repay tha
so contracted, and for no other purpose
wbstever.
Sec. 2. In addition to the above limited
the State may contract debts to repel
invasion, suppress insurrection, defend tha
ia war, or to redeem the present eub
standing indebtedness of the State, but tba
arising from tbe contracting of such
shsll be applied to tbe purpose for which
was raised, or to reoay such debts, and to no
purpose whatever; and all debt incur
red to redeem tba present outstanding indeb
or the state, shall be so contracted a
payable by the sinking fund befeinaftea
provided for as tbe same shall accumulate.
fere 3. Except tbe debts abjve specified In
one and twe of this article, na db
whatever shall hereafter he created by or on
of the State.
Sec 4. The credit of the Slat shall not ia.
manner be given, or loaned to or in aid of
individual, iciation er eerporatioa what
ever, nor shall the State ever hereafter beeomw
owner or stockholder in any company,
association, in this State or elsewhere, farra
for any purpose whatever.
Sec. b. 1 be state shall never asiume the
of any county, city, town, or township.
any corporation whatever, unless such
shall have been created to repel invasion.
insurrection, or defend tbe tit;