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NOTE.—Mr. AMOS LAYMAN was commissioned by the Official Reporter to revise the Reports of the Proceedings and Debates of the Third Ohio Constitutional Convention, and prepare them for publication, as well as to read the proof-sheets thereof. His labors, in this behalf, commenced with the 161st page of this Volume, being the beginning of the Fourteenth Day of the Convention, and also the beginning of the Oficial Reporter's work. The first Thirteen Days of the Convention, the Proceedings and Debates of which occupy the first 160 pages of this Book, (immediately following the pages numbered with Roman numerals,) were reported by Messrs. Lord and PITMAN, who are also responsible for the proof-revision of the same.

Mr. LAYMAN has the supervision of the publication of the Official Reports-the Reports by Mr. ADEL, and his

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NESS— Watson, Hunt, King, Root, Mueller, SENTATION--Dorsey, Chairman. 1st district,
White of Brown, Dorsey, Baber, Voris, Neal, Carbery; 2d district, Hunt; 3d district, Doan;
Burns, Pond and Godfrey.

4th district, Townsley; 5th district, Layton;
ON PRIVILEGES AND ELECTIONS—Alexander, district, Dorsey; 9th district, Gurley; 10th

6th district, Pratt; 7th district, Mullen ; 8th
Miller, McCormick, Shaw, Hale, Van Voorhis, district, O'Connor; 11th district, Bannon; 12th
Adair, White of Hocking and Tulloss.

district, Baber; 13th district, Russell of Mus-
COMMITTEE ON PRINTING—Greene, Alexander, kingum; 14th district, Sears; 15th district, Rus-
Van Valkenburgh, Page and Waddle.

sell of Meigs; 16th district, Young of Noble;

17th district, Pease; 18th district, Voris; 19th

-Albright, Hill, Hoadly, Scribner and Gris- district, Woodbury; 20th district, Griswold.



COMMITTEE ON ACCOUNTS AND EXPENDITURES Smith of Highland, Rowland, Pratt, Townsend,

-Hill, Mueller, Blose, Merrill and Young of Barnet, Chapin, Bishop, Hitchcock, Townsley,


Burns, Hostetter, Rickly, Kraemer, Russell of


Muskingum and Tyler.

-Watson, Smith of Shelby, Bosworth, Clay, COMMITTEE ON MUNICIPAL CORPORATIONS-

Johnson, Jackson, Waddle, Tulloss and Phellis. Hoadly, DeSteiguer, Beer, Townsend, Camp-


bell, Page, Wilson, Cowen and McBride.

Humphreville, Powell, Mueller, Hunt, Wood- COMMITTEE ON CORPORATIONS OTHER THAN
bury, Philips, Foran, Tyler, Merrill, Jackson, MUNICIPAL-Griswold, Cunningham, Tuttle,
Doan, Okey and Gardner.

Ewing, Herron, Voris, Voorhes, Pond and

Mullen, Humphreville, Weaver, Chapin, Blose COMMITTEE ON MISCELLANEOUS SUBJECTS-

nd Clark of Jefferson.

Root, Layton, Horton, Byal, Tripp, Shultz and


drews of Cuyahoga, Chairman. Ist district, COMMITTEE ONAMENDMENTS — Young of

Kiny, Herron; 20 district-Young of Cham- Champaign, Watson, O'Connor, Philips, Wells,

paign, Thompson; 3d district-West, Beer, Hostetter and Rowland.

Godfrey ; 4th district-Andrews, Scribner, Hale;

5th district-White of Brown, Gardner; 6th dis-


trict--Sample, Burns; 7th district - Ewing, tle, Young of Champaign, West, Hoadly and

Neal; 8th district-Cowen, Mitchener; 9th dis-

trict--Horton, Reilly.



QUORS--Scribner, Tuttle, Mueller, Adair, Frei-

Bosworth, Scotield, McCormick, Frieberg, Van berg; Coats, Smith of Shelby, Rickly and Clark

Voorhis, Caldwell, Phellis and Miller.

COMMITTEE ON EDUCATION—Cook, Kerr, De Hill and Carbery.
Steiguer, Carbery, Hitchcock, Sears and Page.

bell, Pease, Baber, Tripp, Kerr, Root, Bishop,
Weaver and Albright.


Muskingum, Chairman. Ist district, Johnson;
COMMITTEE ON PUBLIC DEBT AND PUBLIC 2d district, Hunt; 3d district, Shaw, 4th dis-

WORKS—Clark of Ross, Ewing, Keck, Cunning, trict, Miller; 5th district, Weaver; 6th district,

ham. Bosworth, Kraemer, Shultz, Okey and Merrill; 7th district, Caldwell; 8th district,


Phellis; 9th district, Tulloss; 10th district, By-

COMMITTEE ON MILITIA-Burns, Russell of al; 11th district, White of Hocking; 12th dis-
Meigs, Scofield, Reilly and Cook.

trict, Jackson; 13th district, Van Voorhis; 14th
COMMITTEE ON COUNTY AND TOWNSHIP OR- district, Hill; 15th district, Chapin; 16th dis-
GANIZATIONS-White of Brown, Bannon, John- trict, Young of Noble; 17th district, Hostetter;
son, Wilson, Thompson, Gurley, Coats, Van 18th district, McBride; 19th district, Hitch-
Valkenburgh and Waddle.

cock; 20th district, Foran.

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We, the people of the United States, in order Immediately after they shall be assembled in to form a more perfect union, establish justice, consequence of the first election, they shall be insure domestic tranquility, provide for the divided, as equally as may be, into three classes. common defence, promote the general welfare, i The seats of the Senators of the first class shall and secure the blessings of liberty to ourselves be vacated at the expiration of the second year, and our posterity, do ordain and establish this of the second class at the expiration of the Constitution for the United States of America. fourth year, and of the third class at the expira

tion of the sixth year, so that one-third may be ARTICLE I.

chosen every second year; and if vacancies

happen by resignation or otherwise, during the OF THE LEGISLATIVE POWER.

recess of the Legislature of any State, the execSECTION 1. All Legislative powers herein utive thereof may make temporary appointgranted, shall be vested in a Congress of the ments until the next meeting of the Legislature, United States, which shall consist of a Senate which shall then fill such vacancies. and House of Representatives.

No person shall be a Senator who shall not SEC. 2. The House of Representatives shall have attained to the age of thirty years, and be composed of members chosen every second been nine years a citizen of the United States, year by the people of the several States, and the and who shall not, when elected, be an inhabitelectors in each State shall have the qualifica- ant of that State for which he shall be chosen. tions requisite for electors of the most numer

The Vice-President of the United States shall ous branch of the State Legislature.

be President of the Senate, but shall have no No person shall be a Representative who shall vote, unless they be equally divided. not have attained to the age of twenty-five years The Senate shall choose their other officers, and been seven years a citizen of the United and also a President pro tempore, in the absence States, and who shall not, when elected, be an of the Vice President, or when he shall exercise inhabitant of that State in which he shall be the office of President of the United States. chosen.

The Senate shall have the sole power to try Representatives and direct taxes shall be ap- all impeachments. When sitting for that purportioned among the several States which may be included within this Union, according to pose, they shall be on oath or affirmation. their respective numbers, which shall be deter- When the President of the United States is their respective numbers, which shall be deter- tried, the Chief Justice shall preside: and no persons, including those bound to service for a person shall be convicted without the concur

rence of two-thirds of the members present. term of years, and excluding Indians not taxed, three-fifths of all other persons.

Judgment in cases of impeachment shall not The actual enumeration shall be made within extend further than to removal from office, and three years after the first meeting of the Con- disqualitication to hold and enjoy any office of gress of the United States, and within every but the party convicted shall nevertheless be

honor, trust or profit under the United States: subsequent term of ten years, in such manner. liable and subject to indictment, trial, judgas they shall by law direct. The number of ment and punishment, according to law. Representatives shall not exceed one for every thirty thousand, but each State shall have at SEC. 4. The times, places and manner of least one Representative; and until such enume- holding elections for Senators and Representaration shall be made, the State of New Hamp. tives, shall be prescribed in each State by the shire shall be entitled to choose three, Massa- Legislature thereof; but the Congress may at chusetts eight, Rhode Island and Providence any time by law make or alter such regulations, Plantations one, Connecticut five, New York except as to the places of choosing Senators. six, New Jersey four, Pennsylvania eight, Del

The Congress shall assemble at least once in aware one, Maryland six, Virginia ten, North every year, and such meeting shall be on the Carolina five, South Carolina five, and Georgia first Monday in December, unless they shall by three.

law appoint a different day. When vacancies happen in the representation Sec. 5. Each House shall be the judge of the from any State, the executive authority thereof elections, returns and qualifications of its own shall issue writs of election to fill such vacancies. members, and a majority of each shall consti

The House of Representatives shall choose tute a quorum to do business; but a smaller their Speaker and other officers; and shall have number may adjourn from day to day, and may the sole power of impeachment.

be authorized to compel the attendance of abSEC. 3. The Senate of the United States shall sent members, in such manner, and under such be composed of two Senators from each State, penalties as each House may provide. chosen by the Legislature thereof, for six years; Each House may determine the rules of its and each Senator shall have one vote.

proceedings, punish its members for disorderly

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behavior, and, with the concurrence of two- rules and limitations prescribed in the case of thirds, expel a member.

a bill. Each House shall keep a journal of its pro- SEC. 8. The Congress shall have power to ceedings, and from time to time publish the lay and collect taxes, duties, imposts and exsame, excepting such parts as may in their cises, to pay the debts and provide for the comjudgment require secrecy; and the yeas and mon defence and general welfare of the United nays of the members of either House on any States; but all duties, imposts and excises shall question shall, at the desire of one-fifth of those be uniform throughout the United States; present, be entered on the journal.

To borrow money on the credit of the United Neither House, during the session of Con- States; gress, shall, without the consent of the other, To regulate commerce with foreign nations, adjourn for more than three days, nor to any and among the several States, and with the other place than that in which the two Houses Indian tribes; shall be sitting.

To establish' an uniform rule of naturalizaSEC. 6. The Senators and Representatives tion, and uniform laws on the subject of bankshall receive a compensation for their services, ruptcies throughout the United States; to be ascertained by law, and paid out of the To coin money, regulate the value thereof, Treasury of the United States. They shall, in and of foreign coin, and fix the standard of all cases, except treason, felony and breach of weights and measures; the peace, be privileged from arrest during To provide for the punishment of countertheir attendance at the session of their respec- feiting the securities and current coin of the tive Houses, and in going to and returning United States; from the same; and for any speech or debate in To establish post offices and post roads; either House, they shall not be questioned in To promote the progress of science and useany other place.

ful arts, by securing for limited times to auNo Senator or Representative shall, during thors and inventors the exclusive right to their the time for which he was elected, be appointed respective writings and discoveries ; to any civil office under the authority of the To constitute tribunals inferior to the SuUnited States, which shall have been created, preme Court; or the emoluments whereof shall have been in- To define and punish piracies and felonies creased during such time; and no person hold- committed on the high seas, and offences against ing any office under the United States, shall be the law of nations; a member of either House during his continu- To declare war, grant letters of marque and ance in office.

reprisal, and make rules concerning captures Sec. 7. All bills for raising revenue shall on land and water; originate in the House of Representatives; but

To raise and support armies, but no approthe Senate may propose or concur with amend- priation of money to that use shall be for a ments as on other bills.

longer term than two years; Every bill which shall have passed the House

To provide and maintain a navy; of Representatives and the Senate, shall, before

To make rules for the government and reguit become a law, be presented to the President lation of the land and naval forces; of the United States; if he approve, he shall

To provide for calling forth the militia to exsign it, but if not, he shall return it, with his ecute the laws of the Union, suppress insurrecobjections, to that House in which it shall have tions and repel invasions; originated, who shall enter the objections at To provide for organizing, arming, and dislarge on their journal, and proceed to recon- ciplining the militia, and for governing such sider it. If, after such reconsideration, two- part of them as may be employed in the service thirds of that House shall agree to pass the of the United States, reserving to the States, rebill, it shall be sent, together with the objec- spectively, the appointment of the officers, and tions, to the other House, by which it shall the authority of training the militia according likewise be reconsidered, and if approved by to the discipline prescribed by Congress; two-thirds of that House, it shall become a law.

To exercise exclusive legislation in all cases But in all such cases, the votes of both Houses whatsoever, over such district (not exceeding shall be determined by yeas and nays, and the ten miles square) as may, by cession of particunames of the persons voting for and against the lar States, and the acceptance of Congress, bebill shall be entered on the journal of each House come the seat of government of the United respectively. If any bill shall not be returned States, and to exercise like authority over all by the President within ten days (Sundays ex- places purchased by the consent of the Legislacepted) after it shall have been presented to ture of the State in which the same shall be, him, the same shall be a law, in like manner as for the erection of forts, magazines, arsenals, if he had signed it, unless the Congress, by their dock-yards, and other needful buildings;-and adjournment, prevent its return, in which case

To make all laws which shall be necessary it shall not be a law.

and proper for carrying into execution the foreEvery order, resolution, or vote, to which the going powers, and all other powers vested by concurrence of the Senate and House of Repre- this Constitution in the government of the sentatives may be necessary (except on a ques. United States, or in any department or officer tion of adjournment) shall be presented to the thereof. President of the United States; and before the SEC. 9. The migration or importation of such same shall take effect, shall be approved by persons as any of the States now existing shall him, or, being disapproved by him, shall be think proper to admit, shall not be prohibited re-passed by two-thirds of the Senate and by the Congress prior to the year one thousand House of Representatives, according to the eight hundred and eight, but a tax or duty may

be imposed on such importation, not exceeding States, and vote by ballot for two persons, of ten dollars for each person.

whom one at least shall not be an inhabitant of The privilege of the writ of habeas corpus the same State with themselves. And they shall not be suspended, unless when, in cases of shall make a list of all the persons voted for, rebellion or invasion, the public safety may re- and of the number of votes for each; which quire it.

list they shall sign and certify, and transmit No bill of attainder or ex post facto law shall sealed to the seat of the government of the be passed.

United States, directed to the President of the No capitation, or other direct, tax shall be Senate. The President of the Senate shall, in laid, unless in proportion to the census or enu- the presence of the Senate and House of Repmeration herein before directed to be taken. resentatives, open all the certificates, and the

No tax or duty shall be laid on articles export- votes shall then be counted. The person haved from any Stata. No preference shall be ing the greatest number of votes shall be the given by any regulation of commerce or reve. President, if such number be a majority of the nue to the ports of one State over those of whole number of electors appointed; and if another: nor shall vessels bound to, or from, there be more than one who have sucli majorione State, be obliged to enter, clear or pay du- ty, and have an equal number of votes, then ties in another.

the House of Representatives shall immediately No money shall be drawn from the treasury, choose, by ballot, one of them for President; but in consequence of appropriations made by and if no person have a majority, then, from law; and a regular statement and account of the five highest on the list, the said House the receipts and expenditures of all public shall, in like manner, choose the President. moneys shall be published from time to time. But, in choosing the President, the votes shall

No title of nobility shall be granted by the be taken by States, the representation from United States: and no person holding any of each State having one vote; a quorum for this fice of profit or trust under them, shall, without purpose shall consist of a member or members the consent of the Congress, accept of any pre- from two-thirds of the States, and a majority of sent, emolument, office, or title, of any kind all the States shall be necessary to a choice. whatever, from any king, prince, or foreign In every case, after the choice of the President, State.

the person having the greatest number of votes SEC. 10. No State shall enter into any treaty, of the electors shall be the Vice-President. alliance, or confederation; grant letters of But if there should remain two or more who marque and reprisal; coin money; emit bills have equal votes, the Senate shall choose from of credit; make anything but gold and silver them by ballot the Vice-President.] coin a tender in payment of debts; pass any bill [This clause altogether altered and supplied by of attainder, ex post facto law, or law im- the XIIth amendment.] pairing the obligation of contracts, or grant any The Congress may determine the time of title of nobility.

choosing the electors, and the day on which No State shall, without thc consent of the they shall give their votes; which day shall be Congress, lay any imposts or (luties on imports the same throughout the United States. or exports, except what may be absolutely ne- No person, except a natural-born citizen, or a cessary for executing its inspection laws: and a citizen of the United States at the time of the the net produce of all duties and imposts, laid adoption of this Constitution, shall be eligible by any State on imports or exports, shall be for to the office of President; neither shall any the use of the treasury of the United States; person be eligible to that office who shall not and all such laws shall be subject to the revi- have attained to the age of thirty-five years, sion and control of the Congress. No State and been fourteen years a resident within the shall, without the consent of Congress, lay any United States. duty of tonnage, keep troops, or ships of war In case of the removal of the President from in time of peace, enter into any agreement or office, or of his death, resignation, or inacompact with another State, or with a foreign bility to discharge the powers and duties of the power, or engage in war, unless actually invad- said office, the same shall devolve on the Viceed, or in such imminent danger as will not admit President, and the Congress may by law proof delay.

vide for the case of removal, death, resignation, ARTICLE II.

or inability, both of the President and VicePresident, declaring what officer shall then act

as President, and such officer shall act acSECTION 1. The executive power shall be cordingly, until the disability be removed, or a vested in a President of the United States of

President shall be elected. America. He shall hold his office during the

The President shall, at stated times, receive term of four years, and, together with the Vice for his services a compensation, which shall President, chosen for the same term, be elected neither be increased nor diminished during the as follows:

period for which shall have elected Each State shall appoint, in such manner as

and he shall not receive, within that period, the Legislature thereof may direct, a number any other emolument from the United States, of electors, equal to the whole number of Sen

or any of them. ators and Representatives to which the State

Before he enter on the execution of his ofmay be entitled in the Congress: but no Sena- fice, he shall take the following oath or affirmator or Representative, or person holding an

tion: office of trust or profit under the United States, “I do solemnly swear (or affirm) that I will shall be appointed an elector.

faithfully execute the office of President of the [The electors shall meet in their respective United States, and will, to the best of my abili


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