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The First Constitution of Ohio.

ness of the United States, or of this State, and shall have paid a State or County tax.

Sec. 5. The Senators shall be chosen biennially, by the qualified voters for Representatives; and on their being convened in consequence of the first election, they shall be divided, by lot, from their respective Counties or Districts, as near as can be, into two classes : the seats of the Senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year, so that one-half thereof, as near as possible, may be annually chosen forever thereafter.

Sec. 6. The number of Senators shall, at the several periods of making the enumeration, before mentioned, be fixed by the Legislature, and apportioned among the several Counties or Districts, to be established by law, according to the number of white male inhabitants of the age of twenty-one years in each, and shall never be less than one-third nor more than one-half of the number of Representatives.

Sec. 7. No person shall be a Senator who has not arrived at the age of thirty years, and is a citizen of the United States; shall have resided two years in the County or District immediately preceding the election, unless he shall have been absent on the public business of the United States, or of this State; and shall, moreover, have paid a State or County tax.

Sec. 8. The Senate and House of Representatives, when assem. bled, shall each choose a Speaker and its other officers; be judges of the qualifications and elections of its members, and sit upon its own adjournments; two-thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members.

Sec. 9. Each house shall keep a journal of its proceedings, and publish them; the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals.

Sec. 10. Any two members of either house shall have liberty to dissent from, and protest against, any act or resolution which they may think injurious to the public or any individual, and have the reasons of their dissent entered on the journals.

SEC. 11. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the Legislature of a free and independent State.

SEC. 12. When vacancies happen in either house, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies.

The First Constitution of Ohio.

SEC. 13. Senators and Representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

Sec. 14. Each house may punish, by imprisonment, during their session, any person not a member who shall be guilty of disrespect to the house by any disorderly or contemptuous behavior in their presence; provided such imprisonment shall not, at any one time, exceed twentyfour hours.

SEC. 15. The doors of each house, and of committee of the whole, shall be kept open, except in such cases as, in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting.

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

Sec. 17. Every bill shall be read on three different days in each house, unless, in case of urgency, three-fourths of the house where such bill is pending shall deem it expedient to dispense with this rule; and every bill having passed both houses, shall be signed by the speakers of their respective houses.

SEC. 18. The style of the laws of this State shall be: "Be it enacted by the General Assembly of the State of b. ,."

SEC. 19. The Legislature of this State not allow the following officers of government greater annual

salaries than as follows, until the year one thousand eight hundred and eight, to wit: The Governor, not more than one thousand dollars; the Judges of the Supreme Court, not more than one thousand dollars each; the President of the Courts of Common Pleas, not more than eight hundred dollars each; the Secretary of State, not more than five hundred dollars; the Auditor of Public Accounts, not more than seven hundred and fifty dollars ; the Treasurer, not more than four hundred and fifty dollars; no member of the Legislature shall receive more than two dollars per day during his attendance on the Legislature, nor more than two dollars for every twenty-five miles he shall travel in going to and returning from, the General Assembly.

Sec. 20. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State which shall have been created or the emoluments of which shall have been increased during such time.

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

5 B. A.

The First Constitution of Ohio.

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

Sec. 23. The House of Representatives shall have the sole power of impeaching, but a majority of all the members must concur in an impeachment; all impeachments shall be tried by the Senate; and when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to law and evidence; no person shall be convicted without the concurrence of two-thirds of all the Senators.

SEC. 24. The Governor, and all other civil officers under this State, shall be liable to impeachment for any misdemeanor in office; but judgment in such case shall not extend further than removal from office and disqualification to hold any office of honor, profit, or trust under this State. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law.

SEC. 25. The first session of the General Assembly shall commence on the first Tuesday of March next; and forever after, the General Assembly shall meet on the first Monday of December in every year, and at no other period, unless directed by law or provided for by this Constitution.

SEC. No judge of any court of law or equity, Secretary of State, Attorney-General, register, clerk of any court of record, Sheriff or collector, me in either House of Congress, or person holding any office under the authority of the United States, or any lucrative office under the authority of this State (provided that appointments in the militia or justices of the peace shall not be considered lucrative offices, shall be eligible as a candidate for, or have a seat in, the General Assembly.

SEC. 27. No person shall be appointed to any office within any ('ounty who shall not have been a citizen and inhabitant therein one year next before his appointment, if the ('ounty shall have been so long erected, but if the County shall not have been so long erected, then within the limits of the County or Counties out of which it shall have been taken.

Sec. 28. No person who heretofore hath been, or hereafter may be, a collector or holder of public moneys, shall have a seat in either house of the General Assembly until such person shall have accounted for, and paid into the treasury, all sums for which he may be account able or liable.

ARTICLE II.

OF THE EXECUTIVE. SECTION 1. The supreme executive power of this Stato shall be vested in a Governor.

The First Constitution of Ohio.

SEC. 2.

The Governor shall be chosen by the electors of the members of the General Assembly, on the second Tuesday of October, at the same places and in the same manner that they shall respectively vote for members thereof. The returns of every election for Governor shall be sealed up and transmitted to the seat of government by the returning officers, directed to the Speaker of the Senate, who shall open and publish them in the presence of a majority of the members of each house of the General Assembly: the person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by joint ballot of both houses of the General Assembly. Contested elections for Governor shall be determined by both houses of the General Assembly, in such manner as shall be prescribed by law.

SEC. 3. The first Governor shall hold his office until the first Monday of December, one thousand eight hundred and five, and until another Governor shall be elected and qualified to office; and forever after, the Governor shall hold his office for the term of two years, and until another Governor shall be elected and qualified; but he shall not be eligible more than six years in any term of eight years. He shall be at least thirty years of age, and have been a citizen of the United States twelve years, and an inhabitant of this State four years next preceding his election.

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

Sec. 5. He shall have the power to grant reprieves and pardons, after conviction, except in cases of impeachment.

SEC. 6. The Governor shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the term for which he shall have been elected.

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

Sec. 8. When any officer, the right of whose appointment is, by this Constitution, vested in the General Assembly, shall during the recess, die, or his office by any means become vacant, the Governor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the Legislature.

Sec. 9. He may, on extraordinary occasions, convene the General Assembly, by proclamation, and shall state to them, when assembled, the purposes for which they shall have been convened.

The First Constitution of Ohio.

Sec. 10.

He shall be Commander-in-Chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States.

SEC. 11. In case of disagreement between the two houses with respect to the time of adjournment, the Governor shall have the power to adjourn the General Assembly to such a time as he thinks proper; provided it be not a period beyond the annual meeting of the Legislature.

Sec. 12. In case of the death, impeachment, resignation, or removal of the Governor from office, the Speaker of the Senate, shall exercise the office of Governor until he be acquitted or another Governor shall be duly qualified. In case of the impeachment of the Speaker of the Senate, or his death, removal from office, resignation, or absence from the State, the Speaker of the House of Representatives shall succeed to the office, and exercise the duties thereof, until a Governor shall be elected and qualified.

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

ernor.

SEC. 14. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called "THE GREAT SEAL OF THE STATE OF Ohio."

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

SECRETARY OF STATE.

Sec. 16. A Secretary of State shall be appointed by a joint ballot of the Senate and House of Representatives, who shall continue in office three years, if he shall so long behave himself well: he shall keep a fair register of the official acts and proceedings of the Governor; and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before either branch of the Legislature; and shall perform such other duties as shall be assigned him by law.

ARTICLE III.

OF THE JUDICIARY.

SECTION 1. The judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, in Courts of Common Pleas for each County, in Justices of the Peace, and in such other courts as the Legislature may, from time to time, establish.

SEC. 2. The Supreme Court sball consist of three Judges, any

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