$108 General Provisions.-Constitution, how amended.-Boundaries of the State. office two years if they shall so long behave well, and until successors be chosen and duly qualified: provided, that no person shall be eligible as sheriff for a longer term than four years in any term of six years. § 2. The state treasurer and auditor shall be triennially appointed, by a joint ballot of both houses of the legislature. § 3. All town and township officers shall be chosen annually by the inhabitants thereof duly qualified to vote for members of the assembly, at such time and place as may be directed by law. § 4. The appointment of all civil officers, not otherwise directed by this constitution, shall be made in such manner as may be directed by law. ARTICLE VII. § 1. Every person who shall be chosen or appointed to any office of trust or profit under the authority of the state, shall, before entering on the execution thereof, take an oath or affirmation to support the constitution of the United States and this state, and also an oath of office. § 2. Any elector who shall receive any gift or reward for nis vote, in meat, drink, money, or otherwise, shall suffer such punishment as the law shall direct; and any person who shall directly or indirectly give, promise, or bestow, any such reward to be elected, shall thereby be rendered incapable for two years to serve in the office for which he was elected, and be subject to such other punishment as shall be directed by law. § 3. No new county shall be established by the general assembly which shall reduce the county or counties, or cither of them, from which it shall be taken, to less contents than four hundred square miles, nor shall any county be laid off of less contents. Every new county, as to the right of suffrage and representation, shall be considered as a part of the county or counties from which it was taken until entitled by numbers to the right of representation. $4. Chilicothe shall be the seat of government until the year one thousand eight hundred and eight. No money shall be raised until the year one thousand eight hundred and nine, by the legislature of this state, for the purpose of erecting public buildings for the accommodation of the legislature. § 5. That, after the year one thousand eight hundred and six, whenever two thirds of the general assembly shall think it necessary to amend or change this constitution, they shall recommend to the electors, at the next election for members to the general assembly, to vote for or against a convention; and if it shall appear that a majority of the citizens of the state, voting for representatives, have voted for a convention, the general assembly shall, at their next session, call a convention, to consist of as many members as there may be in the general assembly, to be chosen in the same manner, at the same places, and by the same electors that choose the general assembly, who shall meet within three months after the sald election, for the purpose of revising, amending, or changing the constitution. But no alteration of this constitution shall ever take place, so as to introduce slavery or involuntary servitude into this state. $ 6. That the limits and boundaries of this state be ascertained, it is declared, that they are as hereafter mentioned that is to say, bounded on the east by the Pennsylvania line, on the south by the Ohio river, to the mouth of the great Miami river; on the west by the line drawn due north from the mouth of the great Miami aforesaid; and on the north by an east and west line, drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north line aforesaid, from the mouth of the great Miami, until it shall intersect Lake Erie, or the territorial line, and thence with the same through Lake Erie to the Pennsylvania line aforesaid: provided, always, and it is hereby fully understood and declared by the convention, that if the southerly bend or extreme of Lake Michigan should extend so far south, that a line drawn due east from it should not intersect Lake Erie, or if it should intersect the said Lake Erie east of the mouth of the Miami river of the lake, then, and in that case, with the assent of the Congress of the United States, the northern boundary of this state shall be established by, and extended to, a direct line, running from the southern extremity of Lake Michigan, to the most northerly cape of the Miami Bay, after intersecting the due north line from the mouth of the great Miami river as aforesaid, thence northeast to the territorial line, and by the said territorial line to the Pennsylvania line. Declaration of Rights. ARTICLE VIII. That the general, great and essential principles of liberty and free government may be recognised, and for ever unalterably established, we declare― § 1. That all men are born equally free and independent, and have certain natural, inherent, and inalienable rights, among which are the enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety; and every free republican government, being founded on their sole authority, and organized for the purpose of protecting their liberties, and securing their independence to effect these ends they have at all times a complete power to alter, reform, or abolish their government, whenever they may deem it necessary. § 2. There shall be neither slavery nor involuntary servitude in this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any male person, arrived at the age of twenty-one years, nor female person, arrived at the age of eighteen years, be held to serve any person as a servant under pretence of indenture, or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bonafide consideration, received or to be received for their service, except as before excepted. Nor shall any indenture of any negro or mulatto hereafter made and executed, out of this state, or, if made in this state, where the term of service exceeds one year, be of the least validity, except those given in the case of apprenticeships. § 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no human authority can in any case whatever control or interfere with the rights of conscience; that no man shall be compelled to attend, erect, or 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 the government and the happiness of mankind, schools, and the means of instruction, shall for ever be encouraged by legislative provision, not inconsistent with the rights of conscience. § 4. 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. $ 5. That the people shall be secure in their persons, houses, papers, and possessions, from all 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 offences are not particularly described, and without oath or affirmation, are dangerous to liberty, and shall not be granted. § 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 a right to determine the law and the facts, under the direction of the court, as in other cases. § 7. 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. $ 8. That the right of trial by jury shall be inviolate. $9. That no power of suspending the laws shall be exercised, unless by the legislature. $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. § 11. That in all criminal prosecutions, the accused hath a right to be heard by himself and his 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; to have compulsory process for obtaining witnesses 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 offence 110 Declaration of Rights. 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 offence. § 12. That all persons shall be bailable by sufficient sureties unless for capital offences, 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 cases of rebellion or invasion the public safety may require it. § 13. Excessive bail shall not be required, excessive fines shall not be imposed, nor cruel and unusual punishments inflicted. § 14. All penalties shall be proportioned to the nature of the offence. No wise legis lature will affix the same punishments to the crimes of theft, forgery, and the like, which When the same undistinguished severity is exthey do to those of murder and treason. erted against all offences, 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 lightest offences. 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. $ 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. $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. § 17. That no person shall be liable to be transported out of this state, for any offence committed within the state. § 18. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. $ 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 redress of grievances. $ 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. § 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 corporeal punishment under the military law. § 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. § 23. That the levying taxes by the poll is grievous and oppressive; therefore, the legislature shall never levy a poll tax for county or state purposes. § 24. That no hereditary emoluments, privileges, or honors, shall ever be granted or conferred by this state. $ 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 the 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 the said donations were made. § 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. $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 enabled them to hold estates, real and personal, for the support of their schools, academies, colleges, universities, and other purposes. $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. ANTIQUITIES. HE antiquities of America belong not to us, the founders and supporters of European civilization here. The vast empire which has been established here within the last three centuries, is yet too young to possess anything that can properly bear the impress of hoary antiquity, and the few relics of early settlement are too closely allied to the present, by only a few intervening years, to have an antiquarian charm. The antiquities of the race, whose dominion European enlightenment, industry, and skill, have almost utterly annihilated, are few and quite unimportant, and in our search for what is really ancient, we must go behind. even the tribes who peopled the land when Cabot, and Cartier, and Gilbert, and Gosnold, and others, first planted the seeds of civilization, and of free government, upon American soil. In fact, nearly everything which has been discovered, belonging really to antiquity, has found in the present Indian race a disclaimer of all knowledge of its origin or use, and we are obliged to appeal to antecedent proprietors or inhabitants of the soil for the information we seek. In so doing, we are led only by the feeble lights of conjecture and theory, based almost wholly upon mere analogies; for an eternal silence broods over those relics of past civilization which have from time to time been exhumed and brought to the light of investigation in various parts of our widelyextended country. But whence came the ancient people who preceded the North American Indians is a question which hitherto has been involved in almost impenetrable obscurity, and it is one upon, which in this brief article, we can not bestow a remark. We are dealing with facts, not theories—with tangible objects, not the speculative creations of reason. The rich valley of the Ohio and Mississippi, seem to have been the favorite abode of that elder race, whose works lie scattered along the rivers, hidden however by the fertile soil and umbrageous forests, and brought 112 Articles found in an Ancient Mound at Marietta. to light only where the industry of man has used the pickaxe and spade. But great caution is necessary in arriving at a correct conclusion respecting the antiquities in question, lest the remains of the early French settlers should be mistaken for the handiwork of the aborigines. Knives, pickaxes, copper-kettles, pottery, medals, and even Roman coin,* have been found beneath the earth and their origin referred to the ancient people of whom we have obtained a few glimpses. These, doubtless, have been deposited by those Europeans who, soon after the carlier discoveries, traversed Ohio and the neighboring region, and, therefore, possess no antiquarian interest beyond that which the influence of association creates in the mind. We have, however, within the limits of our republic many antiquities of remarkable character, which can not be properly ascribed either to Europeans, or to the present Indian race. Of these traces of ancient civilization here, Ohio presents some of the most remarkable, and we proceed to notice, in brief, those which have attracted the most attention. Medals, representing the sun with rays of light, have been found in several of the western states; utensils and ornaments of copper, sometimes plated with silver, pipe-bowls, arrow-heads, circular medals, &c., have been found in various mounds. In a mound at Marietta, a solid silver was found, the surface of which was smooth and regular, cup and its interior finely gilded. Mirrors of isinglass have been found in several places, and in a few instances, traces of iron, entirely oxydized have been discovered. Pottery, well formed, wrought, and glazed by fire, attest the truth that an ancient civilization preceded the gloom that hung over the land, when the white man crossed the Alleganies. Dr. S. P. Hildreth of Marietta has given to American literature, some of its most valuable contributions, respecting the antiquities of the Ohio valley. The following description of some curious articles found in an ancient mound at Marietta, is from his pen :— In removing the earth which composed an ancient mound in one of the streets of Marietta, on the margin of the plain, near the forti * A Roman coin of the reign of Domitian, if we remember rightly, was found some years ago in a cave in Tennessee, and upon this fact men more credulous than wise built a theory, which had for its basis, the assumption that this country had been trodden by the foot of a bonafide Roman of ancient stamp. † Several years ago, as some workmen were digging a well near Nashville, Tennessee, they discovered |