straight line to the mouth of the east branch of the Little Miami; thence with the Little Miami to the mouth of O'Banion's creek; thence with a due east line, until it shall intersect a line drawn due north from the mouth of Elk river, or Eagle creek; thence with that line south to the mouth of Elk river, or Eagle creek, and thence with the Ohio to the place of beginning. County seat is Batavia.

FAIRFIELD COUNTY was established by proclamation of December 9, 1800. Beginning at a point in the east line of the fifteenth range of townships, and west of the fourteenth range as surveyed under the Ordinance of Congress, May 20, 1795, where said line intersects the south line of the military land; running thence north until it intersects the Indian boundary line; thence returning to the before mentioned and running south by the said range line between the fourteenth and fifteenth ranges, until it intersects the north boundary line of the Ohio Company's purchase; thence with said boundary line due west to the northwest corner of said Ohio Company's purchase; thence south six miles; thence with a line drawn west until it intersects the western boundary of the twentieth range of townships; thence with the western boundary of said twentieth range to the before mentioned Indian boundary line, and with that line of limit to the before mentioned intersection of that boundary line. County seat is Lancaster.

BELMONT COUNTY. Established by proclamation September 7, 1801. Beginning on the Ohio river, at the middle of the fourth township in the second range of townships, in the seven ranges, and running with the line between the third and fourth sections of that township north to the western boundary of said seven ranges; thence south with said western boundary to the middle of the fifth township in the seventh range of townships; thence east with the line between the third and fourth sections of said fifth township to the Ohio river, and thence with said river to the place of beginning. County seat is St. Clairsville.

The foregoing ten counties were located wholly within the present boundaries of Ohio, except Wayne, the principal portion of which was located west and northwest of the present State. With the admission of Ohio to the Union, Wayne county lapsed as an organization, to be revived by the act of February 13, 1808.

The Knox county of the Northwest Territory did not embrace any territory within the present limits of Ohio, but was created independently of its predecessor by the act of January 30, 1808. The original Knox county was situate west of the State's western boundary, embracing the most of the State of Indiana.

Randolph county, of the Territory, lay west of Knox, and St. Clair west and north of the State's present boundaries.

There were various alterations of the boundaries of the ten original counties, by proclamation and acts of the Territorial Legislature before the State was organized, to rectify errors of survey and calculation.

PART II.-VOL. I.

From 1803 to 1810 under State Organization.

A political revolution ensued at the close of the year 1802, the Territorial Government was overthrown, and the State Government established. It is not essential to enter upon the details, which are recorded in general history, suffice it to say that the variance between the Territorial Governor, and the people of that portion of it now embraced within the limits of Ohio, was so great that it became unendurable, and, after consulting with members of the Federal administration, resolved to throw it off, especially in view of the fact that the population of that part of the Territory entitled them to a separate organization under the provisions of the Ordinance of 1787.

Accordingly they chose the following Representatives to formulate a State Constitution, and take the necessary steps for admission to the Union of States:

These gentlemen assembled in Convention at Chillicothe, on the 1st day of November, 1802, and on the 29th day of that month completed and declared ratified a Constitution which continued the organic law of the State for forty-seven years, and under which Ohio was admitted to the Union in 1803, putting on the mantle of full Statehood. That Constitution was:

CONSTITUTION OF THE STATE OF OHIO OF 1802.

We, the people of the eastern division of the Territory of the United States northwest of the river Ohio, having the right of admission into the General Government as a member of the Union, consistent with the Constitution of the United States, the Ordinance of Congress of one thousand seven hundred and eighty-seven, and of the law of Congress entitled "An act to enable the people of the eastern di

vision of the Territory of the United States northwest of the river Ohio to form a Constitution and State Government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes;" in order to establish justice, promote the welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the following Constitution or form of Government; and do mutually agree with each other to form ourselves into a free and independent State, by the name of the State of Ohio.

ARTICLE I.

OF THE LEGISLATIVE POWER.

SECTION I. The legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, both to be elected by the people. (See Const. 1851, Art. II, § 1.)

SEC. 2.

Within one year after the first meeting of the General Assembly, and within every subsequent term of four years, an enumeration of all the white male inhabitants above twenty-one years of age shall be made in such manner as shall be directed by law. The number of Representatives shall, at the several periods of making such enumeration, be fixed by the Legislature and apportioned among the several counties, according to the number of white male inhabitants above twenty-one years of age in each, and shall never be less than twenty-four nor greater than thirtysix until the number of white male inhabitants above twenty-one years of age shall be twenty-two thousand; and after that event, at such ratio that the whole number of Representatives shall never be less than thirty-six nor exceed seventy-two. (See Const. 1851, Art. XI.)

SEC. 3. The Representatives shall be chosen annually by the citizens of each county, respectively, on the second Tuesday of October. (See Const. 1851, Art. II, § 2.)

SEC. 4. No person shall be a Representative who shall not have attained the age of twenty-five years, and be a citizen of the United States and an inhabitant of this State; shall also have resided within the limits of the county in which he shall be chosen one year next preceding his election, unless he shall have been absent on the public business of the United States, or of this State, and shall have paid a State or county tax. (See Const. 1851, Art II, § 3.)

SEC. 5. The Senators shall be chosen biennially, by the qualified voters for Rep. resentatives; and on their being convened in consequence of the first election, they shall be divided, by lot, from their respective counties or districts, as near as can be, into two classes; the seats of the Senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year, so that one-half thereof, as near as possible, may be annually chosen forever thereafter. (See Const. 1851, Art. II, § 2.)

SEC. 6. The number of Senators shall, at the several periods of making the enumeration, before mentioned, be fixed by the Legislature, and apportioned among the several counties or districts, to be established by law, according to the number of white male inhabitants of the age of twenty-one years in each, and shall never be less than one-third nor more than one-half of the number of Representatives.

SEC. 7. No person shall be a Senator who has not arrived at the age of thirty years, and is a citizen of the United States; shall have resided two years in the county or district immediately preceding the election, unless he shall have been absent on the public business of the United States, or of this State; and shall, moreover, have paid a State or county tax. (See Const. 1851, Art. II. § 3.)

SEC. 8. The Senate and House of Representatives, when assembled, shall each choose a Speaker and its other officers; be judges of the qualifications and elections of its members, and sit upon its own adjournments; two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members. (See Const. 1851, Art. II, §§ 6, 7.)

SEC. 9. Each House shall keep a journal of its proceedings, and publish them; the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals. (See Const. 1851, Art. II, § 9.)

SEC. 10. Any two members of either House shall have liberty to dissent from, and protest against any act or resolution which they may think injurious to the public or any individual, and have the reasons of their dissent entered on the journals. (See Const. 1851, Art. II, § 10.)

SEC. II. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the Legislature of a free and independent State. (See Const. 1851, Art. II, § 8.)

SEC. 12. When vacancies happen in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election to such vacancies. (See Const. 1851, Art. II, § 11.)·

SEC. 13. Senators and Representatives shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. (See Const. 1851, Art. II, § 12.)

SEC. 14. Each House may punish, by imprisonment, during their session, any person not a member who shall be guilty of disrespect to the House by any disorderly or contemptuous behavior in their presence; provided such imprisonment shall not, at any one time, exceed twenty-four hours.

SEC. 15

The doors of each House, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the House, require secrecy. Neither House shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two Houses shall be sitting. (See Const. 1851, Art. II, §§ 13, 14.)

SEC. 16. Bills may originate in either House, but may be altered, amended, or rejected by the other. (See Const. 1851, Art. II, § 15.)

SEC. 17. Every bill shall be read on three different days in each House, unless, in case of urgency, three-fourths of the House where such bill is so pending shall deem it expedient to dispense with this rule; and every bill having passed both Houses, shall be signed by the Speakers of their respective Houses. (See Const. 1851, Art. II, §§ 16, 17.)

SEC. 18. The style of the laws of this State shall be: "Be it enacted by the General Assembly of the State of Ohio." (See Const. 1851, Art. II, § 18.)'

SEC. 19. The Legislature of this State shall not allow the following officers of government greater annual salaries than as follows, until the year one thousand eight hundred and eight, to-wit: The Governor, not more than one thousand dollars; the Judges of the Supreme Court, not more than one thousand dollars each; the Presidents of the Courts of Common Pleas, not more than eight hundred dollars each; the Secretary of State, not more than five hundred dollars; the Auditor of Public Accounts, not more than seven hundred and fifty dollars; the Treasurer, not more than four hundred and fifty dollars; no member of the Legislature shall receive more than two dollars per day during his attendance on the Legislature, nor more than two dollars for every twenty-five miles he shall travel in going to, and returning from, the General Assembly.

SEC. 20. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State which shall have been created or the emoluments of which shall have been increased during such time. (See Const. 1851, Art. II, § 19.)

SEC. 21. No money shall be drawn from the treasury but in consequence of appropriations made by law. (See Const. 1851, Art. II, § 22.)

SEC. 22.

An accurate statement of the receipts and expenditures of the public

money shall be attached to, and published with, the laws annually.

SEC. 23. The House of Representatives shall have the sole power of impeaching, but a majority of all the members must concur in an impeachment; all impeachments shall be tried by the Senate; and when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to law and evidence; no person shall be convicted without the concurrence of two-thirds of all the Senators. (See Const. 1851, Art. II, § 23.)

SEC. 24. The Governor, and all other civil officers under this State, shall be liable to impeachment for any misdemeanor in office; but judgment in such case shall not extend further than removal from office and disqualification to hold' any office of honor, profit, or trust under this State. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law. (See Const. 1851, Art. II, § 24.)

SEC. 25. The first session of the General Assembly shall commence on the first Tuesday of March next; and forever after, the General Assembly shall meet on the first Monday of December in every year, and at no other period, unless directed by law or provided for by this Constitution. (See Const. 1851, Art. II, § 25.)

SEC. 26. No judge of any court of law or equity, Secretary of State, Attorney General, register, clerk of any court of record, sheriff or collector, member of either House of Congress, or person holding any office under the authority of the United States, or any lucrative office under the authority of this State (provided that appointments in the militia or justices of the peace shall not be considered lucrative offices) shall be eligible as a candidate for, or have a seat in, the General Assembly. (See Const. 1851, Art. II, § 4.)

SEC. 27. No person shall be appointed to any office within any county who shall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected, but if the county shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken.

SEC. 28. No person who heretofore hath been, or hereafter may be, a collector or holder of public moneys, shall have a seat in either House of the General Assembly until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable or liable. (See Const. 1851, Art. II, § 5.)

ARTICLE II.

OF THE EXECUTIVE.

SECTION I. The supreme executive power of this State shall be vested in a Governor. (See Const. 1851, Art. III, § 5.)

SEC. 2. The Governor shall be chosen by the electors of the members of the General Assembly, on the second Tuesday of October, at the same places and in the same manner that they shall respectively vote for members thereof. The returns of every election for Governor shall be sealed up and transmitted to the seat of government by the returning officers, directed to the Speaker of the Senate, who shall open and publish them in the presence of a majority of the members of each House of the General Assembly; the person having the highest number of votes shall be Governor; but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by joint ballot of both Houses of the General Assembly. Contested elections for Governor shall be determined by both Houses of the General Assembly, in such manner as shall be prescribed by law. (See Const. 1851, Art. III §§ 1, 3.)

SEC. 3. The first Governor shall hold his office until the first Monday of December, one thousand eight hundred and five, and until another Governor shall be elected and qualified to office; and forever after, the Governor shall hold his office for the term of two years, and until another Governor shall be elected and qualified;