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two of whom shall be a quorum. They shall have original and appellate jurisdiction, both in common law and chancery, in such cases as shall be directed by law; providing that nothing herein contained shall prevent the General Assembly from adding another Judge to the Supreme Court after the term of five years, in which case the Judges may divide the State into two circuits, within which any two of the Judges may hold a court.

SEC. 3. The several Courts of Common Pleas shall consist of a President and Associate Judges. The State shall be divided, by law, into three circuits: there shall be appointed in each circuit a President of the courts, who, during his continuance in office, shall reside therein. There shall be appointed in each County not more than three nor less than two Associate Judges, who, during their continuance in office, shall reside therein. The President and Associate Judges, in their respective Counties, any three of whom shall be a quorum, shall compose the Court of Common Pleas; which court shall have common. law and chancery jurisdiction in all such cases as shall be directed. by law: provided, that nothing herein contained shall be construed to prevent the Legislature from increasing the number of circuits and Presidents after the term of five years.

SEC. 4. The Judges of the Supreme Court and Courts of Common Pleas shall have complete criminal jurisdiction in such cases and in such manner as may be pointed out by law.

SEC. 5. The Court of Common Pleas in each County shall have jurisdiction of all probate and testamentary matters, granting administration, the appointment of guardians, and such other cases as shall be prescribed by law.

SEC. 6. The Judges of the Court of Common Pleas shall, within their respective Counties, have the same powers with the Judges of the Supreme Court to issue writs of certiorari to the Justices of the Peace, and to cause their proceedings to be brought before them, and the like right and justice to be done.

SEC. 7. The Judges of the Supreme Court shall, by virtue of offices, be conservators of the peace in their respective circuits; and Presidents of the Courts of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective circuits; and the Judges of the Courts of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective Counties.

SEC. 8. The Judges of the Supreme Court, the Presidents and the Associate Judges of the Courts of Common Pleas shall be appointed by a joint ballot of both houses of the General Assembly, and shall hold their offices for the term of seven years, if so long they behave

The First Constitution of Ohio.

well. The Judges of the Supreme Court and the Presidents of the Courts of Common Pleas shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the authority of this State or the United States.

SEC. 9. Each court shall appoint its own clerk, for the term of seven years; but no person shall be appointed clerk, except pro tempore, who shall not produce to the court appointing him a certificate from a majority of the Judges of the Supreme Court that they judge him to be well qualified to execute the duties of the office of clerk to any court of the same dignity with that for which he offers himself. They shall be removable for breach of good behavior at any time by the Judges of the respective courts.

SEC. 10. The Supreme Court shall be held once a year in each County, and the Courts of Common Pleas shall be holden in each County at such times and places as shall be prescribed by law.

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

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

ARTICLE IV.

OF ELECTIONS AND ELECTORS.

SECTION 1. In all elections, all white male inhabitants above the age of twenty-one years, having resided in the State one year next preceding the election, and who have paid or are charged with a State or County tax, shall enjoy the right of an elector; but no person shall be entitled to vote except in the County or District in which he shall actually reside at the time of the election.

SEC. 2. All elections shall be by ballot.

SEC. 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same.

SEC. 4. The Legislature shall have full power to exclude from the privilege of electing, or being elected, any person convicted of bribery, perjury, or any other infamous crime.

SEC. 5. Nothing contained in this article shall be so construed

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as to prevent white male persons above the age of twenty-one years who are compelled to labor on the roads of their respective townships or Counties, and who have resided one year in the State, from having the right of an elector.

ARTICLE V.

OF THE MILITIA OFFICERS.

SECTION 1. Captains and Subalterns in the militia shall be elected by those persons, in their respective company districts, subject to military duty.

SEC. 2. Majors shall be elected by the Captains and Subalterns of the battalion.

SEC. 3. Colonels shall be elected by the Majors, Captains, and Subalterns of the regiment.

SEC. 4. Brigadiers-General shall be elected by the commissioned officers of their respective brigades.

SEC. 5. Majors-General and Quartermasters-General shall be appointed by joint ballot of both houses of the Legislature.

SEC. 6. The Governor shall apoint the Adjutant-General. The Majors-General shall appoint their aids and other division staff officers. The Brigadiers-General shall appoint their Brigade Majors and other brigade staff officers. The commanding officers of regiments shall appoint their Adjutants, Quartermasters, and other regimental staff officers; and the Captains and Subalterns shall appoint their non-commissioned officers and musicians.

SEC. 7. The Captains and Subalterns of the artillery and cavalry shall be elected by the persons enrolled in their respective corps; and the Majors and Colonels shall be appointed in such a manner as shall be directed by law. The Colonels shall appoint their regimental staff; and the Captains and Subalterns their non-commissioned officers and musicians.

ARTICLE VI.

OUR CIVIL OFFICERS.

SECTION 1. There shall be elected in each County one Sheriff and one Coroner by the citizens thereof who are qualified to vote for members of the Assembly; they shall be elected at the time and place of holding elections for members of Assembly; they shall continue in office two years, if they shall so long behave well, and until successors be chosen and duly qualified; provided, that no person shall be eligible as Sheriff for a longer term than four years in any term of six

years.

SEC. 2. The State Treasurer and Auditor shall be triennially appointed by a joint ballot of both houses of the Legislature.

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SEC. 3. All town and township officers shall be chosen annually by the inhabitants thereof duly qualified to vote for members of Assembly, at such time and place as may be directed by law.

SEC. 4. The apointment of all civil officers not otherwise directed by this Constitution, shall be made in such manner as may be directed by law.

ARTICLE VII.

OFFICIAL OATHS.

SECTION 1. Every person who shall be chosen or appointed to any office of trust or profit under the authority of this State, shall, before the entering on the execution thereof, take an oath or affirmation to support the Constitution of the United States and of this State, and also an oath of office.

BRIBERY AT ELECTIONS.

SEC. 2. Any elector who shall receive any gift or reward for his vote, in meat, drink, money, or otherwise, shall suffer such punishment as the law shall direct; and any person who shall, directly or indirectly, give, promise, or bestow any such reward to be elected, shall thereby be rendered incapable for two years to serve in the office for which he was elected, and be subject to such other punishment as shall be directed by law.

OF NEW COUNTIES.

SEC. 3. No new County shall be established by the General Assembly which shall reduce the County or Counties, or either of them, from which it shall be taken to less contents than four hundred square miles; nor shall any County be laid off of less contents. Every new County, as to the right of suffrage and representation, shall be considered as a part of the County or Counties from which it was taken until entitled by numbers to the right of representation.

OF THE SEAT OF GOVERNMENT.

SEC. 4. Chillicothe shall be the seat of government until the year one thousand eight hundred and eight. No money shall be raised until the year one thousand eight hundred and nine by the Legislature of this State for the purpose of erecting public buildings for the accommodation of the Legislature.

OF AMENDMENTS TO THE CONSTITUTION.

SEC. 5. That after the year one thousand eight hundred and six, whenever two-thirds of the General Assembly shall think it necessary

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to amend or change this Constitution, they shall recommend to the electors, at the next election for members to the General Assembly, to vote for or against a convention; and if it shall appear that a majority of the citizens of the State voting for Representative have voted for a convention, the General Assembly shall, at their next session, call a convention, to consist of as many members as there be in the General Assembly, to be chosen in the same manner, at the same place, and by the same electors that choose the General Assembly; who shall meet within three months after the said election, for the purpose of revising, amending, or changing the Constitution. But no alteration of this Constitution shall ever take place so as to introduce slavery or involuntary servitude into this State.

BOUNDARIES OF THE STATE.

SEC. 6. That the limits and boundaries of this State be ascertained, it is declared that they are as hereafter mentioned; that is to say: bounded on the east by the Pennsylvania line; on the south by the Ohio River to the mouth of the Great Miami River; on the west by the line drawn due north from the mouth of the Great Miami aforesaid; and on the north by an east and west line drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north line aforesaid from the mouth of the Great Miami, until it shall intersect Lake Erie, or the territorial line, and thence with the same, through Lake Erie, to the Pennsylvania line aforesaid; provided, always, and it is hereby fully understood and declared by this convention, that if the southerly bend or extreme of Lake Michigan should extend so far south that a line drawn due east from it should not intersect Lake Erie, or if it should intersect the said Lake Erie east of the mouth of the Miami River of the lake, then and in that case with the assent of the Congress of the United States, the northern boundary of this State shall be established by, and extend to, a direct line running from the southern extremity of Lake Michigan to the most northerly cape of the Miami Bay, after intersecting the due north line from the mouth of the Great Miami River as aforesaid, thence northeast to the territorial line, and, by the said territorial line, to the Pennsylvania line.

ARTICLE VIII.

BILL OF RIGHTS.

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