Ohio's Pre-Constitution History: What Came Before?

Ohio has had three constitutions since statehood was granted in 1803. The first constitution was adopted in 1802 and was superseded by the second constitution in 1851. The second constitution was a Jacksonian document that transferred power from the General Assembly to the people. It also opened the amendment process by allowing the General Assembly to propose amendments without a constitutional convention. The third constitution was adopted in 1912 after voters approved the calling of a constitutional convention, believing the 1851 constitution to be outdated.

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Ohio's statehood in 1803

Ohio became a state on March 1, 1803, and has had three constitutions since statehood was granted. Ohio was created from the easternmost portion of the Northwest Territory, which was established by the Congress of the Confederation of the United States in 1787. The Northwest Ordinance established a territorial government and provided for the creation of between three and five states in the territory. It also prohibited slavery and provided for freedom of worship, the right of habeas corpus and trial by jury, and the right to bail except for capital offences.

Ohio's first constitution was adopted in 1802, the year before statehood was granted. This constitution included provisions to ensure that poor children were not prevented from receiving an education. It also gave the legislature almost unlimited power to tax Ohioans.

Ohio's second constitution was adopted in 1851. This document transferred power from the General Assembly to the people, providing for the popular election of judges and placing procedural and substantive limitations on the General Assembly. The 1851 constitution also imposed significant restrictions on the legislature's power to tax.

Ohio's third constitution was adopted following the constitutional convention of 1912. This convention was called because voters believed the 1851 constitution was outdated. The delegates wrote 41 amendments, of which 33 were approved by voters. These amendments reflected Progressive reforms of the era, such as granting the power to pass legislation that regulated working conditions in factories and set an eight-hour day for public works employees.

Northwest Ordinance

The Northwest Ordinance, officially titled "An Ordinance for the Government of the Territory of the United States North-West of the River Ohio," was adopted on July 13, 1787, by the Confederation Congress, the one-house legislature operating under the Articles of Confederation. The Northwest Ordinance established the Northwest Territory, the new nation's first organised incorporated territory between British North America and the Great Lakes to the north, and the Ohio River to the south. The upper Mississippi River formed the territory's western boundary, while Pennsylvania served as its eastern boundary.

The Northwest Ordinance provided a method for admitting new states to the Union from the territory. It outlined a three-stage process: firstly, a congressionally appointed governor, secretary, and judges would rule; secondly, an elected assembly and one non-voting delegate to Congress would be elected once the population of the territory reached 5,000 free male inhabitants of full age; and thirdly, a state constitution would be drafted and membership to the Union requested when the population reached 60,000. The ordinance also established the concept of fee simple ownership, with ownership in perpetuity and unlimited power to sell or give away.

The Northwest Ordinance included a bill of rights, guaranteeing freedom of religion, the right to a writ of habeas corpus, the benefit of trial by jury, and other individual rights. It encouraged education and outlawed slavery in the territory, effectively establishing the Ohio River as the geographic divide between slave states and free states. The ordinance also promised decent treatment for the resident Indigenous people.

The ordinance superseded the Land Ordinance of 1784, which stated that states would eventually be formed within the region, and the Land Ordinance of 1785, which detailed how the Confederation Congress would sell the land to private citizens. The Northwest Ordinance was considered one of the most important legislative acts of the Confederation Congress, as it established the principle of federal sovereignty and westward expansion through the admission of new states.

The 1802 constitution

The Ohio Constitution is the state constitution of Ohio. Ohio has had three constitutions since statehood was granted in 1803. The first constitution was in place from 1803 until 1851, when the second constitution became effective. The original 1802 constitution was adopted at a state constitutional convention held in November 1802 in Chillicothe, Ohio.

In addition, the 1802 constitution included a Bill of Rights, which included rights such as the right to assemble, the right to bear arms, and protections against cruel and unusual punishment. Many of these rights aligned with the U.S. Constitution, but the Ohio Constitution also contained several rights not found in the U.S. Constitution, such as the right to alter, reform, or abolish the government, and rights of conscience and education.

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The 1851 constitution

The Ohio Constitution is the state constitution of Ohio. Ohio has had three constitutions since statehood was granted in 1803. The first constitution was in place from 1803 until 1851, when the second constitution became effective. The 1851 constitution was drafted in 1850-51 and subsequently adopted in a statewide referendum on June 17, 1851, taking effect on September 1 of that year.

The 1912 constitutional convention

Ohio has had three constitutions since statehood was granted in 1803. The first was in place from 1803 until 1851, when the second constitution became effective. The current Ohio Constitution, adopted in 1851, has been amended 173 times.

The fourth state constitutional convention was held in 1912 in Columbus, Ohio. There were 119 delegates, including 62 Democrats, 52 Republicans, three independents, and two socialists. Rather than proposing a new constitution, the delegates proposed 42 constitutional amendments, of which 34 were approved by voters.

The convention convened on January 9, 1912, and adjourned on June 7, 1912. The amendments approved included the initiative and referendum, home rule, and workers' compensation. Theodore Roosevelt gave a speech titled "A Charter of Democracy," and William Jennings Bryan delivered a speech called "The People's Law."

The 1912 convention was significant because it created the citizen-initiated ballot measure process in Ohio. This process allows voters to have a direct say in amending the state's constitution and reflects the state's commitment to democratic principles.

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