The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-08-29
CONSTITUTIONAL CONVENTIONS
OHIO'S FIRST CONSTITUTION
BY PROF. C. B. GALBaEATH,
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FORMER oHlo sTArE LIeRARIAN.

1
preamble Of the constitution of the
United states. which in large part
was included in the preamble of our
| first state constitution. is an excel.
lent example. ITO establish justice,
| insure domestic tranquility provide
| for the common defense promote the
| general welfare, and secure the bless
ings of liberty to ourselves and our
posterity' is an ample and generous
refuge for statesmen. Even Mr. Jef.
ferson, himself a "strict construction.
ist," did not hesitate to HE himself
thither in time of need, notably on
the occasion. of the purchase of the
Louisiana Territory.
While our first constitution was
criticised as too detailed and specific
and this was one of the chief reasons
urged by an advocate of revision in
1S40. 1t was the briefest and most
general in its provisions that the
state ever had or perhaps ever will
have. The modern tendency is to-
ward detailed specific and somewhat
lengthy constitutions. Our social fab
ric has become more complex; there
Is so much more to regulate. ITO
make sure of IL and fix it so that
neither the legislature nor the courts
can tamper with it, we will put It
in the constitution" is a course Of
reasoning not uncommon in onr day.
Tho results are seen in the detailed
and somewhat prolix constitution of
Oklahoma and the expanding basic law
OF Oregon, where to make sure that
an act will not be thrown out by the
supreme court. It is voted into the
constitution in the form Of an amend.
ment. We were we'll on tho way
toward the same goal in Ohio when
political conventions by endorsing
amendments caught the voters of
straight tickets and virtually changed
our constitution at the will of the
leaders OF the dominant parties.
People Not Consulted.
The FIRST constitution of Ohio was
not submitted to the people for their
approval. 1t becomes operative with.
out this formality, another apparent
lapse from the principles Of the dom
inant clement in the convention. But
they wanted a new state and they
wanted it quick. What they did. il it
had been submitted to a vote. would
undoubtedly have been approved by an
overwhelming majority of the people.
The trainers of the constitution evi.
IDENTIFY believed in the short ballot.
In H..
at large the governor only was elect.
ed by the people. Other state officials
were chosen by the general Assem-
bly, The governor had very limited
authority and could not exercise the
veto power This curtailment, as
has been observed, was due chiefly to
antipathy toward st. Clair.
Our early statesmen appreciated
the Importance of providing for the
amendment of state constitutions. |
On this subject Thomas jefferson
wrote:
No society can make perpetual con- |
stitution, or even a perpetual law The |
earth belongs always 10 the living gen
GRAFTON; they may manage Il. then. anc
what proceeds from H.. az they please
during their usufruct. They arc masters. |
too, of their own persons and cnns,- |
Huently may govern them aa they plesse
nut persons and properly mako the surl |
or the objects OF government Tho con |
siitution ard the l1ws of their pred -cos. |
sors are cStinVuighed, thea. IN their nat |
ural course. with those who gave thcn
henS. This could pre- serve that being /
TIL IT ceased to be Itself and no longer |
Every constitution, then, and evorv law
naturally expires at the end of thirty /
-four years.
On another occasion Jefferson ca.
pressed a preference for opportunity |
TO amend every nineteen or twenty |
years." and tho latter was the period
fixed in our constitution of 1851. Our
first constitution, however, made
amendment or revision possible at any
time after the year 1906. This could
be done only by convention of dolo.
gates after two-thirds of tho general
assembly had voted in favor of sub.
the proposition and it had
been approved By majority of the
people voting for representatives al
the next general election.
To recaptulate: We had in cur first
comparatively BRIEF
statement Of basic principles. which
was yet sufficiently specific In some
Of It's provisions to make It innexlble
TO the changing conditions of grow
ing commonwealth Under it tho OK.
ecutlye had little power and the iudl.
ciary was dominated by the lceisla.
tire, in whose members. elected By
the people, was vested the chief SOY.
ereign Tower.
We shall see how such govern.
ment stocd the test of time ana me,
the needs CT rapidly expanding aLd
state
Cleveland Leader. The difference
IN opinion between these who favor
and those who orrose the Initiative.
he referendum and the rerall Is as
10 the practicabllty OF their rroror
application and ito results. Tie end
sought IL ecod. VIII ttcy accomplish
what = claimed fer ticm!
Nearly twice as many women as
lien are employed in the Industries of
Japan
1g9A ATE MTC PRODUCE