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The First Constitution of Ohio.

Sec. 4.

support any place of worship, or to maintain any ministry against his consent; and that no preference shall ever be given by law to any religious society or mode of worship, and no religious test shall be required as a qualification to any office of trust or profit. But religion, morality, and knowledge being essentially necessary to good government and the happiness of mankind, schools and the means of instruction shall forever be encouraged by legislative provision not inconsistent with the rights of conscience.

Private property ought, and shall ever be held inviolate, but always subservient to the public welfare, provided a compensation in money be made to the owner.

Sec. 5. That the people shall be secure in their persons, houses, papers and possessions from unwarrantable searches and seizures and that general warrants, whereby an officer may be commanded to search suspected places without probable evidence of the fact committed, or to seize any person or persons not named whose offenses are not particularly described, and without oath or affirmation, are dangerous to liberty, and shall not be granted.

Sec. 6. That the printing presses shall be open and free to every citizen who wishes to examine the proceedings of any branch of government, or the conduct of any public officer; and no law shall ever restrain the right thereof. Every citizen has an indisputable right to speak, write or print upon any subject as he thinks proper, being liable for the abuse of that liberty. In prosecutions for any publication respecting the official conduct of men in a public capacity, or where the matter published is proper for public information the truth thereof may always be given in evidence; and in all indictments for libels the jury shall have the right to determine the law and the facts under the direction of the court, as in other cases.

That all courts shall be open, and every person, for an injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law, and right and justice administered without denial or delay.

Sec. 8. That the right of trial by jury shall be inviolate.

Sec. 9. That no power of suspending laws shall be exercised unless by the Legislature.

Sec. 10. That no person arrested or confined in jail shall be treated with unnecessary rigor or be put to answer any criminal charge but by presentment, indictment, or impeachment.

SEC. II. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusations against him and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses

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6-B. A.

The First Constitution of Ohio.

in his favor; and in prosecutions by indictment or presentment a speedy public trial by an impartial jury of the County or District in which the offense shall have been committed; and shall not be compelled to give evidence against himself, nor shall he be twice put in jeopardy for the same offense.

Sec. 12. That all persons shall be bailable by sufficient sureties, unless for capital offenses where the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless, when in case of rebellion or invasion, the public safety may require it.

SEC. 13. Excessive bail shall not be required; excessive fines shall not be imposed; nor 'cruel and unusual punishment inflicted.

SEC. 14. All penalties shall be proportioned to the nature of the offense. No wise Legislature will affix the same punishment to the crimes of theft, forgery, and the like, which they do to those of murder and treason. When the same undisguised severity is exerted against all offenses, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the slightest offenses. For the same reasons, a multitude of sanguinary laws are both impolitic and unjust; the true design of all punishments being to reform, not to exterminate, mankind.

Sec. 15. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.

Sec. 16. No ex post facto law, nor any law impairing the validity of contracts, shall ever be made; and no conviction shall work corruption of blood or forfeiture of estate.

SEC. 17. That no person shall be liable to be transported out of this State for any offense committed within the State.

Sec. 18. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty.

Sec. 19. That the people have a right to assemble together in a peaceable manner to consult for their common good to instruct their Representatives, and to apply to the Legislature for a redress of grievances.

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.

The First Constitution of Ohio.

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.

SCII EDULE. SECTION 1. 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.

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

The First Constitution of Ohio.

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 counselorsat-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 counselorat-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 twentyseventh.

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