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THE SECOND CONSTITUTIONAL CONVENTION OF THE
STATE OF OHIO.
N ACCORDANCE with the expressed will of the people as recorded
in the act of the General Assembly of Ohio of 1849-1850, an election was held in 1850 for members of a constitutional convention, which
met in the hall of the House of Representatives, May 6th, 1850, and which is the author of the present constitution of Ohio.
The membership of the convention was:
Adams County–J. McCormick and George Collings.
Charles Reemelin, A. N. Riddle, E. C. Roll, and James Struble.
The Second Constitutional Convention of the State of Ohio.
Hancock County-John Ewing.
The Second Constitutional Convention of the State of Ohio.
Wayne County-John Larwill, Leander Firestone, E. Wilson.
WILLIAM MEDILL, President.
THE SECOND (PRESENT) CONSTITUTION OF THE STATE
(DONE IN CONVENTION AT CINCINNATI, MARCH 10, 1851.)
As Amended and in force July, 1904.
E the people of the State of Ohio, grateful to Almighty God
for our freedom, to secure its blessings and promote our common welfare, do establish this constitution.
BILL OF Rights.
Sec. 1. All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.
Sec, 2. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the General Assembly.
SEC. 3. The people have the right to assemble together, in a peaceable manner, to consult for their common good; to instruct their representatives; and to petition the General Assembly for the redress of grievances.
Sec. 4. The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.
SEC. 5. The right of trial by jury shall be inviolate.
Sec. 6. There shall be no slavery in this state, nor involuntary servitude, unless for the punishment of crime.
Sec. 7. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect. or support any place of worship, or maintain any form of worship, against his consent; and no preference shall be given, by law, to any religious society; nor shall any interference with the rights of conscience be permitted. No religious test shall be required, as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government,
The Second Constitution of the State of Ohio.
it shall be the duty of the General Assembly to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools, and the means of instruction.
Sec. 8. The privilege of the writ of habeas corpus shall not be suspended, unless, in cases of rebellion or invasion, the public safety require it.
Sec. 9. All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishment inflicted.
Sec. 10. Except in cases of impeachment, and cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, and in cases of petit larceny and other inferior offenses, no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury. In any trial, in any court, the party accused shall be allowed to appear and defend in person, and with counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district, in which the offense is alleged to have been committed; nor shall any person be compelled, in any criminal case, to be a witness against himself, or be twice put in jeopardy for the same offense.
SEC. II. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions for libel the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter as charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.
SEC. 12. No person shall be transported out of the state, for any offense committed within the same; and no conviction shall work corruption of blood, or forfeiture of estate.
SEC. 13. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor, in time of war, except in the manner prescribed by law.
SEC. 14. The right of the people to be secure in their persons, houses, papers, and possessions, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched and the person and things to be seized.
SEC. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud.