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Art. VIII.

Transportation for crimes.

Of recurrence to the organic law.

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are constitutional and valid as to contracts made between citizens of the same state within its jurisdiction, after the law was enacted and in force. Smith v. Parsons, 1 O., 236; Bank of Utica v. Card, 7 O., pt. 2, 170.

An act abolishing imprisonment for debt, and which operated to discharge a debtor confined on the prison limits before the act took effect, was not a law impairing the obligation of contracts, as it effected the remedy but not the contract. Parker v. Sterling, 10 O., 357

The right to imprison constitutes no part of the contract, and a discharge of a party from imprisonment does not impair the obligation of the contract. Towsey v. Avery, 11 O., 93..

The act of the General Assembly of the state exacting toll upon passengers carried by mail stages on the Cumberland road, in Ohio, is constitutional. State v. Neil, 7 O., 1 pt. 132. But see same case on error, 3 Howard, Sup. Ct. U. S., 720, where it was held that the act was in violation of the compact between the state and the United States, under which the state took the road, and therefore void.

Where a statute exempted forever certain lands of the Athens University from taxation, and the same lands were afterwards sold by the University, a subsequent statute authorizing a tax to be levied on the lands, is not a violation of that clause of the Constitution of the United States which prohibits a state from passing any law impairing the obligations of contracts. Armstrong v. Treas. of Athens Co., 10 O., 235

Where the state, by an act incorporating the Ohio University, vested in that institution two townships of land for the support of the University and instruction of youth, and in the same act authorized the University to lease said lands for ninety-nine years, renewable forever, and provided that lands thus to be leased should forever thereafter be exempt from all state taxes, Held That the acceptance of such leases at a fixed rent or rate of purchase by the lessees constitutes a binding contract between the state and the lessees. And a subsequent act of the Legislature levying a state tax on such lands, is a "law impairing the obligation of contracts,' within the purview of the tenth section of the first article of the Constitution of the United States, and is, therefore, pro tanto, null and void. Matheny v. Golden, 5 O. S., 361.

In respect to public corporations which exist only for public purposes-as counties, cities and towns-the Legislature, under proper limitations, have a right to change, modify, enlarge or restrain them. Marietta v. Fearing, 4 O., 427.

A license to practice a profession is not a contract which confers any vested privileges, but is liable to be modified in any manner which the public welfare may demand. State v. Gazlay, 5 O., 22.

The law forfeiting tenants' estate for non-payment of taxes is constitutional. bins, 5 O., 28.

McMillan v. Rob

A subsequent law, which undertakes to make valid a contract wholly void when made, is beyond the limits of just legislation, and in violation of fundamental principles and constitutional rights. Johnson v. Bentley, 16 O., 104.

The act of March 5, 1842 (2 Curwen, 880), regulating the mode of collecting debts against turnpike companies, in which the state is a party, is not a law impairing the obligations of a contract, and is therefore constitutional. State v. Great M. T. Co., 14 O., 405.

The provisions of the act of March, 1842, to regulate judicial proceedings where banks and bankers are parties, requiring the sheriff to receive bank-notes in satisfaction of execution in favor of a bank, etc., are not in contravention of this provision of this Constitution. Bank of Gallipolis v. Domigan, 12 O., 220.

The 26th section of the act amendatory of the tax law, which taxes rents reserved in leases for a term of fourteen years or upwards, renewable, and chargeable upon real property, which rents are to be assessed to the person entitled to receive the same, as personal property, at a principal sum the interest of which, at the legal rate per annum, shall produce a sum equal to such rents, is constitutional. Loring v. The State, 16 O., 590.

In 1845, the Legislature passed a general banking law, the fifty-ninth section of which required the officers to make semi-annual dividends, and the sixtieth required them to set off six per cent. of such dividends for the use of the state, which sum or amount so set off should be in lieu of all taxes to which the company, or the stockholders therein, would otherwise be subject. On March 21, 1851, an act was passed entitled "An act to tax banks, and bank and other stocks, the same as property is now taxable by the laws of this state." The operation of this law being to increase the tax, the question arose whether the latter act, as far as it applied to banks organized under the act of 1845, was an act impairing the obligation of a contract, and in contravention of the tenth section of the first article of the Constitution of the United States. In a series of decisionsMechanics' and Traders' Bank v. Debolt, 1 O. S, 591; Toledo Bank v. Bond, 1 O. S., 622; Piqua Br. Bank v. Knoup, 1 O. S., 603; Sandusky City Bank v. Wilbur, 7 O. S., 481; Skelly v. Jefferson Branch Bank, 9 Ó. S., 606-it was held by the Supreme Court of the state that an ordinary charter was not a contract. But the Supreme Court of the United States reversed those decisions in the cases of Piqua Br. Bank v. Knoup, 16 Howard, 369; Dodge v. Woolsey, 18 Howard, 331; Mechanics' and Traders' Bank v. Debolt, 18 Howard, 380; Jefferson Branch Bank v. Skelly, i Black, 436, holding that the charters of the banks were contracts fixing the amount of taxation, and not a law prescribing a rule of taxation until changed by the Legislature. And therefore the act of 1851 was unconstitutional.

(3) The act of 1824 (2 Chase, 1362, 14), in relation to the forfeiture of estates for the non-payment of taxes, is constitutional. The constitutional provision against the forfeiture of estates has reference only to forfeitures incident to a conviction for crime. Nor is the statute in any sense retrospective. McMillan v. Robbins, 5 O., 28.

In England, the conviction of many offenses works "corruption of blood and forfeiture of estate." The forfeiture is to the king. The blood is corrupted. The attainted person can neither inherit from his ancestors, nor can he transmit inheritance. His property is not given to his heirs, but, by the forfeiture, is taken from them. The effects of the crime of the father are thus visited upon his children. It was against such a state of things that the Convention intended to provide. A man sentenced to imprisonment for life in the penitentiary, in punishment for crime, is not civilly dead, and letters of administration cannot be granted on his estate. Fulcher, 17 Ó., 260.

Frazer v.

SEC. 17. That no person shall be liable to be transported out of this state, for any offence committed within the state. (See Const. 1851, Art. I, § 12.)

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

1802.

BILL OF RIGHTS.

Art. VIII.

SEC. 19. That the people have a right to assemble together, in a of the right to peaceable manner, to consult for their common good, to instruct their assemble. representatives, and to apply to the legislature for a redress of grievances. (See Const. 1851, Art. I, § 3.)

SEC. 20. That the people have a right to bear arms for the defence of bearing arms; of themselves and the state: and as standing armies in time of peace, subordination of standing armies; are dangerous to liberty, they shall not be kept up; and that the military military power. shall be kept under strict subordination to the civil power. (See Const. 1851, Art I, § 4.)

The military in all governments is an arm of the executive department, and not a distinct department. State v. Coulter, Wright's Rep., 421.

Where a body of militia performs their evolutions with martial music and firing, so near the court-house as to interrupt or suspend the business of the court, the officers may be proceeded against for a contempt, if they refuse to desist on request. Ib.; and State v. Goff, Wirght's Rep., 78.

ment under mili

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

SEC. 22. That no soldier, in time of peace, be quartered in any of quartering house without the consent of the owner; nor in time of war, but in the troops. manner prescribed by law. (See Const. 1851, Art. I, § 13.)

SEC. 23. That the levying taxes by the poll is grievous and oppress- of poll tax. ive; therefore, the legislature shall never levy a poll tax for county or state purposes. (See Const. 1851, Art. XII, § 1.)

A tax assessed upon the members of a profession, upon account of their practice, is constitutional, being not a poll but a faculty tax, and may be legally assessed by the judicial tribunals. State v. Gazlay, 5O., 14; State v. Hibbard, 3 O., 63.

A city ordinance requiring a reasonable sum from draymen, by way of excise on their special employment, was held not to be unlawful. Cincinnati v. Bryson, 15 O., 625.

So with an ordinance requiring twenty-five cents from persons occupying stalls in the marketplace. Cincinnati v. Buckingham, 10 Ó., 257.

SEC. 24. That no hereditary emoluments, privileges or honors, shall Hereditary priviever be granted or conferred by this state. (See Const. 1851, Art. I, leges, &c.

$ 17.)

SEC. 25. That no law shall be passed to prevent the poor in the sev- Of schools and eral counties and townships within this state from an equal participation poor children. 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.

The act of February 20th, 1849 (2 Curwen, 1469), to authorize the establishment of separate schools for the education of colored children, and for other purposes, is constitutional. The whole subject of organizing and regulating schools is very properly left to the General Assembly in the exercise of its legislative powers, and, as a matter of policy, it is unquestionably better that the white and colored youths should be placed in separate schools, and that the school fund should be divided to them in proportion to their numbers. State v. Cincinnati, 19 O., 178.

sec. 29.

SEC. 26. That laws shall be passed by the legislature, which shall Disposition of secure to each and every denomination of religious societies, in each proceeds of surveyed township which now is, or may hereafter be formed in the state, an equal participation, according to their number of adherents, (1) 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.

(1) The sect claiming must have formed themselves into a society, and must have given themselves a name. It is not enough that there are individuals who are members of Christian churches residing within the township. A society must be actually formed and known by name. It is not necessary that the individuals should be citizens in order to be adherents to a religious society. State v Trustees, etc., 11 O., 24.

Art. VIII.

Incorporation of

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SEC. 27. That every association of persons, when regularly formed, literary societies 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.

Powers reserved to the people.

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. (See Const. 1851, Art. I, § 20.)

Of former suits and claims.

Of former fines and official bonds.

Of former officers.

Of prior laws.

Temporary state seal.

The first election.

The first apportionment of representation.

SCHEDULE.

SECTION 1. That no evils or inconveniencies may arise, from the change of a territorial government to a permanent state government, it it 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. (See Const. 1851, Sched. § 1.)

SEC. 2. All fines, penalties and forfeitures, due and owing to the territory of the United States, north-west 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. (See Const. 1851, Sched. § 10.)

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. (See Const. 1851, Sched. § 1.)

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

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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. In testimony whereof, we have hereunto subscribed our names.

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