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The First Constitution of Ohio.

SEC. 20. That the people have a right to bear arms for the defence of themselves and the State; and as standing armies in time of peace are dangerous to liberty, they shall not be kept up; and that the military shall be kept under strict subordination to the civil power.

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

SEC. 22.

That no soldier, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in the manner prescribed by law.

SEC. 23. That the levying of taxes by the poll is grievous and oppressive; therefore the Legislature shall never levy a poll tax for County or State purposes.

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

SEC. 25. That no law shall be passed to prevent the poor in the several Counties and townships within this State from an equal participation in the schools, academies, colleges, and universities within this State which are endowed, in whole or in part, from the revenue arising from donations made by the United States for the support of schools and colleges; and the doors of the said schools, academies, and universities shall be open for the reception of scholars, students, and teachers of every grade without any distinction or preference whatever contrary to the intent for which said donations were made.

SEC. 26. That laws shall be passed by the Legislature which shall secure to each and every denomination of religious societies in each surveyed township which now is or may hereafter be formed in the State, an equal participation, according to their number of adherents, of the profits, arising from the land granted by Congress for the support of religion, agreeably to the ordinance or act of Congress making the appropriation.

SEC. 27. That every association of persons, when regularly formed, within this State, and having given themselves a name, may, on application to the Legislature, be entitled to receive letters of incorporation, to enable them to hold estates, real and personal, for the support of their schools, academies, colleges, universities, and for other purposes.

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

SCHEDULE.

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

The First Constitution of Ohio.

SEC. 2. All fines, penalties, and forfeitures due and owing to the territory of the United States northwest of the River Ohio, shall inure to the use of the State. All bonds executed to the Governor, or any other officer in his official capacity in the territory, shall pass over to the Governor or the other officers of the State, and their successors in office, for the use of the State, or by him or them to be respectively assigned over to the use of those concerned, as the case may be.

SEC. 3. The Governor, Secretary, and Judges, and all other officers under the territorial government, shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this Constitution.

SEC. 4. All laws and parts of laws now in force in this territory, not inconsistent with this Constitution, shall continue and remain in full effect until repealed by the Legislature, except so much of the act entitled "an act regulating the admission and practice of attorneys and counselors-at-law," and of the act made amendatory thereto, as relates to the term of time which the applicant shall have studied law, his residence. within the territory, and the term of time which he shall have practiced. as an attorney-at-law before he can be admitted to the degree of a counselor-at-law.

SEC. 5. The Governor of the State shall make use of his private seal until a State seal be procured.

SEC. 6. The President of the convention shall issue writs of election to the Sheriffs of the several Counties, requiring them to proceed to the election of a Governor, members of the General Assembly, Sheriffs, and Coroners, at the respective election districts in each County, on the second Tuesday of January next; which election shall be conducted in the manner prescribed by the existing election laws of this territory: and the members of the General Assembly then elected shall continue to exercise. the duties of their respective offices until the next annual or biennial election thereafter, as prescribed in this Constitution, and no longer.

SEC. 7. Until the first enumeration shall be made, as directed in the second section of the first article of this Constitution, the County of Hamilton shall be entitled to four Senators and eight Representatives; the County of Clermont, one Senator and two Representatives; the County of Adams, one Senator and three Representatives; the County of Ross, two Senators and four Representatives; the County of Fairfield, one Senator and two Representatives; the County of Washington, two Senators and three Representatives; the County of Belmont, one Senator and two Representatives; the County of Jefferson, two Senators and four Representatives; and the County of Trumbull, one Senator and two Representatives.

Done in convention, at Chillicothe, the twenty-ninth day of November, in the year of our Lord one thousand eight hundred and two, and of the independence of the United States of America, the twenty-seventh.

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MARCUS ALONZO HANNA, Republican, of Cleveland, was born in New Lisbon (now Lisbon), Columbiana County, Ohio, September 24, 1837; removed with his father's family to Cleveland in 1852; was educated in the common schools of that city and the Western Reserve College, Hudson, Ohio; was engaged as an employee in the wholesale grocery house of Hanna, Garreston & Co., his father being senior member of the firm; his father died in 1862 and he represented that interest in the firm until 1867, when the business was closed up; then became a member of the firm of Rhodes & Co., engaged in the iron and coal business; at the expiration of ten years the title of this firm was changed to M. A. Hanna & Co., which still exists; has been identified with lake carrying business, being interested in vessels on the lakes, and in the construction of such vessels; is president of the Union National Bank, of Cleveland; president of the Cleveland City Railway Company; was director of the Union Pacific Railway Company in 1885, by appointment of President Cleveland; was a delegate to the national Republican conventions in 1884, 1888, and 1896; was elected chairman of the national Republican committee of 1896, and still holds that position; was appointed to the United States Senate by Governor Bushnell, March 5, 1897, to fill the vacancy caused by the retirement of Hon. John Sherman, who resigned to accept the position of Secretary of State in President McKinley's cabinet; took his seat March 5, 1897; in January, 1898, he was elected for the short term ending March 4, 1899, and also for the succeeding full term. His term of service will end March 4, 1905.

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Edward Tiffin was chosen president of the Convention.
William Goforth was elected president pro tempore.

Thomas Scott was elected secretary at $3 per day.

William McFarland was elected assistant secretary, and ordered to attend the Committee on Preamble and First Article.

Adam Betz was elected door-keeper at $1.50 per day.

Upon the question whether it would be expedient to form a constitution and state government for the people of the Territory, at this time, the question carried in the affirmative by a vote of 32 to 1. Mr. Cutler voted in the negative.

NOTE "Although more than a fourth of the members comprising the body had expressed their opinion in very decided terms against the expediency of the measure, and against the manner of its accomplishment, yet the resolution was carried. ** * * Judge Cutler, an indomitable Whig, of Washington County, voting in the negative, solitary and alone. (Burnett's Notes on the Northwest Territory, p. 352-3.)

A resolution was adopted requesting the governor to prorogue the territorial legislature which had adjourned in January last, to meet in Cincinnati on the fourth Monday of the present month. But this was not done, as the members of the legislature, many of whom were in convention, manifested no disposition to interfere with the progress of the Territory toward statehood. (See Burnett quoted.)

Nathaniel Willis was elected printer to the Convention, on the terms of his proposition to print 700 copies of the Journal of Convention, and 1,000 copies of the constitution then being framed.

A resolution to submit the proposed constitution to the people is found on page 15 of the Journal. It was disagreed to by the vote of 27 to 7, and the constitution was not submitted to the people, but was put in operation by the act of the delegates to the convention in formally signing the instrument in their representative capacity.

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