Meeting Place Of Ohio's Constitution Drafting Fathers

The Ohio Constitution has had a long and fascinating history, with several conventions held to draft and amend this important document. The first constitution was written in 1802, and the state's second constitution was adopted in 1851, with several amendments made since. The delegates who wrote the first constitution met in Chillicothe, and the fourth and final convention in 1912 was held in Columbus, Ohio.

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The first convention in 1802

In November 1802, 35 delegates from nine Ohio counties, primarily along the Ohio River, convened in Chillicothe to draft the state's first constitution. This was done at the request of President Thomas Jefferson and his supporters, and it kick-started the statehood process outlined in the 1787 Ordinance, also known as the Northwest Ordinance. The constitution was approved, and Ohio became the 17th state on March 1, 1803.

The 1802 constitution served as the foundation for Ohio's governance until 1851, when the second constitution took effect. The writers of the 1802 constitution drew heavily from the Northwest Ordinance, and the document included provisions that aligned with the U.S. Constitution, such as the right to assemble, the right to bear arms, and protections against cruel and unusual punishment.

One notable aspect of the 1802 constitution was its emphasis on education. It prohibited laws that prevented poor children from receiving an education, reflecting the belief that education was a public service. Federal law at the time also granted the state significant lands to sell for the benefit of schools, and the funds from these antebellum land sales are still held in trust for Ohio's schools.

The 1802 constitution laid the groundwork for Ohio's legal and governmental framework, and it played a significant role in shaping the state's future. It addressed social, economic, and political forces that influenced the law and included provisions unique to the state, as well as protections of individual rights.

The 1850-51 convention

Ohio has held four state constitutional conventions, including in 1802 and 1850–1851. The 1850–51 convention was called to draft a new constitution that would address the state's issues with corruption, corporate privileges, and exploding debt. The convention was directed by voters, and the resulting constitution was subsequently adopted in a statewide referendum on June 17, 1851, taking effect on September 1 of that year. This is the same constitution under which the state of Ohio still operates, albeit with amendments.

The 1850–51 convention addressed the checks and balances of power in the state. Two key issues debated at the convention were African American suffrage and the prohibition of alcohol. Delegates rejected proposals to allow Black suffrage in the state, and they did not decide on prohibition. Instead, a second question was put to Ohio voters, asking if they wished to permit the licensing of alcohol sales, which was rejected by voters.

The 1851 constitution also included a requirement for the establishment of a public school system. Common school advocates successfully lobbied the convention delegates to recognize education as a right of every child. This requirement is still present in the Ohio constitution, though the Ohio Supreme Court has suggested that education is not a guaranteed right.

The Ohio Bill of Rights was moved from Article VIII to Article I in 1851. It contains many of the same rights as the federal Bill of Rights, but also includes provisions without federal counterparts, such as an inalienable rights provision, a positively worded "equal protection and benefit" clause, a freedom of speech provision, and a "Due Course of Law" provision.

The 1873 convention

The 1851 constitution of Ohio, which is still in effect today, was drafted by a convention in 1850-51 and subsequently adopted in a statewide referendum on June 17, 1851. Two additional constitutional conventions have been held since 1851, including the convention of 1873-74, which was rejected by voters.

A key provision that led to the defeat of the proposed constitution was the attempt to permit the licensing of liquor sales. Prohibition advocates rallied popular support against the proposal, and it was soundly defeated by voters in August 1873. The work of the 1873 convention was ultimately for naught, and the 1912 convention drafted and submitted a series of amendments to the 1851 Constitution to the voters.

The 1912 convention, Ohio's fourth and last constitutional convention, avoided a repetition of the 1874 experience by recommending 42 separate amendments, of which 34 were approved by voters. The amendments included provisions for direct democracy, home rule, civil service, and the elimination of the supermajority requirement for amendments proposed by the General Assembly.

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The 1912 convention

The amendments proposed by the 1912 convention expanded the state's bill of rights, provided for voter-led initiatives and referendums, established civil service protections, and granted the governor a line-item veto. Among the most important amendments approved were those on direct democracy, home rule, civil service, and the elimination of the supermajority requirement for amendments proposed by the General Assembly. The convention also addressed social issues and employee rights, overruling several Ohio Supreme Court decisions.

Additionally, the 1912 convention played a role in codifying the classification system for municipalities. It established a two-tiered system, with municipalities of over 5,000 people deemed as cities and those below 5,000 considered villages. This change was necessary due to a state supreme court ruling in 1902 that found the previous classification system unconstitutional.

Location: Chillicothe, Ohio

In November 1802, 35 delegates from nine Ohio counties, mostly along the Ohio River, met in Chillicothe, Ohio, to draft the state's inaugural constitution. This constitution was written at the behest of President Thomas Jefferson and his supporters, and it jump-started the statehood process outlined in the 1787 Ordinance, also known as the Northwest Ordinance. Ohio was admitted to the Union as the 17th state and the first to be carved out of the Northwest Territory.

The delegates of the 1802 convention in Chillicothe, Ohio, borrowed heavily from the Northwest Ordinance when drafting the constitution. This document granted significant powers to the state regarding education, including the right of poor children to receive an education and the allocation of land sales proceeds for the benefit of schools. The funds from these antebellum land sales are still held in trust for Ohio's schools.

The constitution drafted in Chillicothe, Ohio, served as the foundation of Ohio's statehood until 1851 when the second constitution came into effect. The 1851 constitution, which is still in force today, made few changes to the original document. It included provisions for a public school system and recognised education as a right for every child.

The 1851 constitution also addressed checks and balances of power and featured a bill of rights with provisions such as the right to assemble, the right to bear arms, and protections against cruel and unusual punishment. Two key issues debated during the 1850-1851 convention were African American suffrage and the prohibition of alcohol. The delegates rejected proposals for Black suffrage and did not reach a decision on prohibition.

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