Jonah Patel
The Ohio Constitution of 1851 was a sweeping document that introduced several significant changes to the state's legal framework. Notably, it outlawed slavery, taking a more progressive stance than the U.S. Constitution, which only abolished slavery in 1865 with the 13th Amendment. However, it also exhibited a contradictory nature by prohibiting African American suffrage, a right that would not be granted until 1923, despite the protections of the Fifteenth Amendment. This constitution, with 16 articles and 169 sections, addressed various topics, including the right to assemble, bear arms, and protections against cruel and unusual punishment.
| Characteristics | Values |
|---|---|
| Ban on slavery | Outlawed slavery, but it remained legal under the U.S. Constitution until the 13th Amendment in 1865 |
| Suffrage | Prohibited African Americans from voting |
| Suffrage | Rejected female suffrage in 1912 |
| Voting eligibility | Required voters to be "white" until 1923 |
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![Constitution of the State of Ohio ... 1851 as Amended Oct. 9, 1883 and Oct. 13, 1885, with Proposed Amendments. 1889 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
What You'll Learn
Outlawed slavery
The Ohio Constitution of 1851 outlawed slavery, but it is important to note that this occurred four years before slavery was abolished under federal law with the passage of the 13th Amendment in 1865. The Ohio Constitution of 1851 took effect on September 1, 1851, after being drafted in 1850-51 and subsequently adopted in a statewide referendum on June 17, 1851. This new constitution aimed to address the disproportionate power of the General Assembly compared to the executive and judicial branches, as well as issues of state debt and corruption.
The inclusion of a ban on slavery in the Ohio Constitution of 1851 was significant, especially considering that African Americans were still prohibited from suffrage in the state at that time. While the constitution outlawed slavery, it did not immediately grant voting rights to African Americans. It is important to note that the prohibition of slavery in Ohio's constitution preceded the official abolition of slavery nationwide by about fourteen years.
The Ohio Constitution has undergone numerous amendments over time, with most amendments occurring after 1912 when the requirements for passing amendments became more flexible. Despite the progressive nature of banning slavery in 1851, it was not until 1923 that the text of the state constitution was changed to remove the word "white" from the definition of voter eligibility, even though African Americans could legally vote in state and federal elections in Ohio due to the Fifteenth Amendment.
The Ohio Constitution has been described as "a document of independent force," and Ohio courts have the freedom to grant Ohioans greater rights than those provided under federal law. This autonomy is reflected in the state's early ban on slavery and its more recent initiatives, such as protecting access to abortion and prohibiting residents from being forced to purchase health insurance. These examples demonstrate how Ohio's constitution has evolved to address the needs and rights of its citizens, sometimes even going beyond what is mandated at the federal level.
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Banned African American suffrage
The Ohio Constitution of 1851 included a ban on African American suffrage, despite also outlawing slavery. This meant that Black people were unable to vote in Ohio state elections, even though the Fifteenth Amendment had granted them the right to vote in all State and Federal elections. The text of the State Constitution was not changed to reflect this until 1923.
The inclusion of this ban in the 1851 Constitution was not an isolated incident, but rather a reflection of the racial politics of the time. The early decades of Ohio's statehood were marked by a powerful General Assembly that was perceived as corrupt, with state business conducted through private bills and special privileges granted to private companies. This period also saw a rapid increase in state debt between 1825 and 1840.
The Constitution of 1851 was drafted to address these issues and restore balance to the state government. However, it also included provisions that restricted the rights of African Americans. This was a direct response to the growing abolitionist movement and the increasing number of Black people living in Ohio. By prohibiting African American suffrage, the drafters of the Constitution were able to maintain a certain level of control over the political landscape and limit the influence of Black citizens.
The ban on African American suffrage in the Ohio Constitution of 1851 was a clear example of the racial inequality and injustice that characterized much of American history. It is important to recognize and understand this aspect of the past, as it provides crucial context for the ongoing struggle for racial equality and voting rights in the United States. Despite the formal abolition of slavery and the passage of amendments guaranteeing voting rights, the legacy of discrimination and the fight for equal representation continue to shape the country's political and social landscape.
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Rejected female suffrage
The Ohio Constitution of 1851 was drafted in 1850-1851 by a convention and was subsequently adopted in a statewide referendum on June 17, 1851, coming into effect on September 1 of that year. This constitution outlawed slavery, which remained legal under the U.S. Constitution until the passage of the 13th Amendment in 1865.
However, despite this progressive stance on slavery, the 1851 Constitution did not extend this progressive attitude towards female suffrage. In fact, when the Ohio Constitution Convention was convened in 1912, female suffrage was one of the proposed amendments to the 1851 Constitution. This amendment was rejected by voters, along with proposals for the use of voting machines, the regulation of outdoor advertising, and the abolition of the death penalty.
The rejection of female suffrage in the 1851 Constitution and the subsequent failure to amend it in 1912 reflected the prevailing societal attitudes towards women's political participation at the time. It is important to note that this rejection of female suffrage was not an isolated incident but rather a part of a broader context of women's suffrage movements across the United States. During the late 19th and early 20th centuries, women's suffrage was a highly contested issue, with women across the country organizing, marching, and lobbying for their right to vote.
While some states, like Wyoming in 1869, granted women the right to vote earlier, the fight for national women's suffrage culminated in the ratification of the 19th Amendment to the U.S. Constitution in 1920, which guaranteed women the right to vote across the country. This amendment finally overturned the restrictions on female suffrage in Ohio, ensuring that women in the state could fully participate in the democratic process.
It is worth noting that the 1851 Constitution of Ohio was not unique in its rejection of female suffrage. At that time, women's suffrage was a contentious issue, and many other states also denied women the right to vote. The efforts and perseverance of women's suffrage activists played a crucial role in shaping the course of history, leading to the eventual recognition of women's voting rights in Ohio and across the United States.
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![Report of the debates and proceedings of the Convention for the revision of the constitution of the state of Ohio, 1850-51 / J.V. Smith. Volume v.2 1851 [Leather Bound]](https://m.media-amazon.com/images/I/61kelb6mFML._AC_UY218_.jpg)
Prevented abolition of the death penalty
The Ohio Constitution of 1851 was drafted in 1850-1851 and adopted in a statewide referendum on June 17, 1851, taking effect on September 1 of that same year. This constitution addressed several issues and introduced various rights and amendments. One notable aspect of this constitution was its stance on the death penalty.
While the Ohio Constitution of 1851 brought about significant changes, it did not include the abolition of the death penalty. In fact, one of the proposed amendments to the 1851 Constitution was the abolition of the death penalty. However, this amendment was rejected by voters in 1912. This rejection indicates that the voters chose to maintain the death penalty as a form of punishment in Ohio.
The retention of the death penalty in Ohio reflects the attitudes and beliefs of the time. During the 19th century, capital punishment was widely accepted and considered an appropriate response to certain crimes. It was viewed as a necessary deterrent and a means of delivering justice. The rejection of the amendment to abolish the death penalty suggests that the voters in Ohio held similar sentiments.
It is important to note that the death penalty has been a subject of debate and controversy throughout history. While some individuals and organizations support capital punishment as a form of retribution and deterrence, others advocate for its abolition due to concerns about its morality and effectiveness, and the potential for wrongful convictions.
The rejection of the abolition of the death penalty in the Ohio Constitution of 1851 provides insight into the priorities and values of the voters at that time. However, it is worth mentioning that societal attitudes and legal systems evolve, and the death penalty continues to be reevaluated and debated in Ohio and across the United States.
In summary, the Ohio Constitution of 1851 did not prevent the abolition of the death penalty. Instead, it maintained the status quo, reflecting the voters' decision to uphold capital punishment as a form of punishment in the state of Ohio.
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Barred use of voting machines
The Ohio Constitution of 1851 is the second oldest in the United States outside of New England. It was drafted in 1850-1851 and adopted in a statewide referendum on June 17, 1851, coming into effect on September 1 of that year. It is still the constitution under which the state operates today.
The 1851 Constitution was a response to the flaws of the previous constitution, which granted near-unlimited power to the General Assembly. The new constitution transferred power from the General Assembly to the people, providing that the voters would elect judges, and imposing procedural and substantive limitations on the General Assembly.
One of the key issues debated during the drafting of the 1851 Constitution was African American suffrage. Despite coming within a single vote of extending the vote to Black Americans, the convention ultimately adopted a suffrage provision that limited the vote to "white male inhabitants". This made Ohio the first non-southern state to adopt a racial restriction on voting.
In 1912, a series of amendments were drafted and submitted to the voters, which represented a sweeping change to the 1851 Constitution. Legal scholars consider it to have become a new "1912 Constitution". One of the amendments proposed in 1912 was the use of voting machines. However, this amendment was rejected by voters.
In summary, while the Ohio Constitution of 1851 did not explicitly bar the use of voting machines, the 1912 amendments proposed a series of changes to the constitution, including the use of voting machines, which was rejected by voters.
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Frequently asked questions
The Ohio Constitution of 1851 banned slavery.
Yes, the constitution also prohibited African Americans from voting.
The constitution provided for amendment only by convention and included rights such as the right to assemble, the right to bear arms, and protections against cruel and unusual punishment.
Yes, in 1819, voters rejected an attempt to amend the constitution. Later, in 1912, voters adopted 34 of 42 proposed amendments, significantly changing the constitution.
