Constitution of Ohio

“ It is manifest that the Congress had no power to alter article 1, § 4, and that the act of 1911, in its reference to state laws, could but operate as a legislative recognition of the nature of the authority deemed to have been conferred by the constitutional provision. And it was because of the authority of the state to determine what should constitute its legislative process that the validity of the requirement of the state Constitution of Ohio, in its application to congressional elections, was sustained. ”

“ By the constitution of Ohio, the judicial power of the state is vested in a supreme court, courts of common pleas, and justices of the peace. The common pleas is invested with jurisdiction of all probate and testamentary matters, granting of administration, &c. ”

“ Without now raising the grave question as to the right of a State to withdraw its assent, which has been constitutionally given to a proposed amendment of the Federal constitution, I respectfully suggest that the attempt which is now making to withdraw the assent of Ohio to the fourteenth amendment to the Federal constitution be postponed until the people shall again have an opportunity to give expression to their will. ”

“ J. Peck, Esq. [9, Ohio, p. 212] , refers to the laws of 1818-19, and 1830-31, as a recognition by the State of Ohio of the power of Congress to pass the act of 1793, though that the act was not specially mentioned.
The first constitution of Ohio [1802] restricted the right of suffrage to "all white male inhabitants." "In all elections, all white male inhabitants above the age of twenty-one years, having [Pg 114] resided in the State one year next preceding the election, and who have paid or are charged with a State or county tax, shall enjoy the right of an elector," etc. ”

“ As already stated, it alleges that the board is a citizen of Ohio; not that the trustees are citizens of the state. As already stated, the bill does not, in terms, even allege that the board is a corporation, although it shows that it possesses some of the characteristics of corporations. The Constitution of Ohio provides that no person shall be elected or appointed to any office in the state unless he possesses the qualifications of an elector ”

“ The people of Ohio, by their state constitution, reserved to themselves 'complete power' to 'alter, reform, and abolish their government;' 'to petition for redress of grievances;' and to 'recur, as often as might be necessary, to the first principles of government.' It was by a constitution adopted according to established forms, and expressive of the sovereign will of the body politic, that the rule of taxation complained of in this suit was prescribed. ”

“ The second stage in self-government would be reached when the population contained five thousand free men of age; then the people were to have a representative legislature with the usual privilege of making their own laws. Provision was made for dividing the whole region northwest of the Ohio River into three or four or five districts and the final stage of government was reached when any one of these districts had sixty thousand free inhabitants, for it might then establish its 76 own constitution and government and be admitted into the Union on an equal footing with the original States. ”

“ In the territory Northwest of the Ohio, there could not be said to be any system of law, it being uninhabited, or at least, the population was so inconsiderable, that it was not taken into consideration in establishing the ordinance of 1787, before the adoption of the present Constitution. ”

“ At all times, but most especially so, previous to the odious amendments of the “Fugitive Slave Law,” in 1850, it was no uncommon thing to see calls signed by numerous citizens inserted in popular newspapers, asking [76] all persons in favor of “law and order” to assemble at the time and place specified to put down abolitionism, and to let their “southern brethren” know the people of Ohio were in favor of the constitution and preservation of the Union of the States. ”

“ A state basing its legislation upon that conception has the right and power, so far as the Federal Constitution is concerned, by nondiscriminating legislation, to preserve its policy from impairment or defeat, by any means appropriate to the end and not inconsistent with that instrument The proposition is not contested that the Ohio statute would be unassailable if made to take effect after a sale in the original package. ”

“ Also without merit is the argument that merely because Ohio permits a complainant to maintain a proceeding in personam in its courts against a properly served nonresident natural person to enforce a cause of action which does not arise out of anything done in Ohio, therefore, the Constitution of the United States compels Ohio to provide like relief against a foreign corporation. ”

“ This fixed the policy of the Government for all future time, Ohio, feeling proud in the active part she had taken, having the honor of bringing about the first national internal improvement in the United States.
Spinning-Wheel.
Although the Government had changed its policy, the political education of the people had been such that many good citizens had little or no desire for changes or improvements that might destroy or disregard the sanctity of the constitution; nor could it be claimed they were much in favor of improvements of any kind—things were good enough. ”

“ The case that establishes this law in Ohio is City of Dayton vs. Bauman, 66 Ohio St. 379. In that case the city appropriated land for the extension of two streets and assessed the cost on abutting lots. In deciding against the validity of the assessment the court based its decision entirely on Section 19, Article I of the Ohio constitution, holding that a special assessment was [Pg 63] an indirect method of evading that constitutional limitation. This section provides:
“Private property shall ever be held inviolate, but subservient to the public welfare ... ”

“ She has felt their benefit, and grown great and powerful under their sway. She knows and testifies to the liberality of the general government, in the administration of the public lands, extended alike to her and to the other new states. There are no petitions from, no movements in Ohio, proposing vital and radical changes in the system. ”

“ And if the sheriff could not arrest a person on a capias ad satisfaciendum issued from a state court, neither could the marshal on an execution from the federal court.
It is not contended on the part of the defendant in error, that the state legislature could pass insolvent laws to affect the process of the federal courts. But we do contend that congress may adopt any of the state laws as a rule for the government of the federal courts; and they have adopted the laws of Ohio in force at the passage of the act of 19th May 1828. The laws of Ohio, therefore, are the laws of congress by adoption. ”

“ The acknowledgment of such a power would be to establish the alarming doctrine that the empire of Ohio, and the remaining States of the Union, over their revenues, is not to be found in their people, but in the numerical majority of the judges of the court. ”

“ We conclude also that Ohio may not require an applicant for admission to the Bar to state whether he has been or is a 'member of any organization which advocates the overthrow of the government of the United States by force.' As we noted above, the First Amendment prohibits Ohio from penalizing a man solely because he is a member of a particular organization. ”

“ This is a cause in which every citizen and every state in our country is deeply interested; for the work will be a great centripetal power that will keep the states within their federal orbits—and an adamantine chain that will bind the Union together in the most intimate connection of interests and communication. It therefore secures, not only the prosperity of Ohio, but the union of the states and the consequent blessings of free government ”

“ I concede that the Fourteenth Amendment imposes some limitations upon a state legislature's freedom to choose a method for the appointment of electors. A State may not, for example, adopt a system that discriminates on grounds of religious or political belief. But I cannot agree that Ohio's system violates the Fourteenth Amendment in any way. ”

“ But, sir, high though be the value of this noble approbation, it becomes an invaluable benefit to humanity by these resolutions by which the General Assembly of Ohio, acknowledging the justice of those principles which it is my mission to plead in my injured country's name, declares that the mighty and flourishing commonwealth of Ohio is resolved to resist the eternal laws of nations to their due sway, too long contemned by arbitrary power. ”

“ Ohio is only one State; all the States compose the Nation; and the Nation is responsible for the civilization of all the States. The Nation is the presiding genius, not only of Ohio, but of all the associate States of the Union. Therefore, Sir, should the Nation by every means in its power, by appropriation, by a department, by a bureau, by clerks, by officers, do everything possible to promote the interests of education. ”

“ Of course, the State may limit the right of political association by invoking an impelling policy justification for doing so. But as my Brother BLACK'S opinion demonstrates, Ohio has been able to advance no such justification for denying almost half a million of its citizens their fundamental right to organize effectively for political purposes. Consequently, it may not exclude them from the process by which Presidential Electors are selected. ”

“ The thousands of people who had gone, by one way or another, into the trans-Ohio country, soon demanded statehood. The creation of the state of Ohio is directly responsible for the building of the Cumberland Road. ”

“ Nothing could be more edifying to the people of Ohio than an open denunciation of the honored son of their State who now stands at the head of the republic, by members of his own party for doing his manifest duty as President and patriot. ”

“ During forty years of public life, though many able men have aspired to the office I hold, the people of Ohio, through their general assembly, have preferred me to represent them. Though my grateful thanks are due to them and have been often expressed, yet I have felt, as they do, that my duty was to the whole country. Proud of Ohio, of its history and people, willing at all times to sound its praise in the sisterhood of states, yet, according to my convictions, the United States is entitled to my allegiance, and all parts of it should receive equal care and consideration. ”

“ Agreeing generally with the sentiments of Governor Allen's recent message, I desire especially to concur in what is said on the subject of the National Centennial Celebration.
No community in the world has been permitted by Providence to enjoy more largely the blessings conferred on mankind by the great event of 1776 than the people of Ohio. Ohio and her interests had no existence one hundred years ago. They are the growth of less than a century. The people naturally wish that their State, and her history, and her advantages should be widely known. ”

“ In intelligence, means of education, temperance, order and religious observance, Ohio may fairly take its place among the most favored communities in the world. It is a type of what can be accomplished under favorable circumstances by a free people under a free government, where each citizen enjoys the full and undisputed possession of equal rights and opportunities. Ohio commenced its existence on the western border line of civilization on the continent. The center of population has already passed its borders, so that it now takes its place, not in the west, but in the east. ”