"to any person lawfully using fire-arms as offensive or defensive weapons"

   "In addition to these provisions for the distribution of power, and for the action of the people upon their government, the constitution contains a bill of rights 'recognizing and forever unalterably establishing the essential principles of liberty and free government.' By this instrument the great and salutary doctrines of the ordinance are, in a more solemn and ample manner, set forth and confirmed. Beside this, it declares the complete right of the people, as the original source of power, to alter, reform, or abolish their government; it provides against unwarrantable searches and seizures; and asserts the right of the citizen to speak, write or print, as he thinks proper, on every subject, being liable for the abuse of that liberty. It requires that prisoners shall be humanely treated; that accused persons shall have a speedy and impartial trial, and that all penalties and punishments shall be proportioned to the nature of the offences committed. It restricts imprisonment for debt, and it declares the right of the people to instruct their representatives, and to bear arms for the defence of themselves and the state. It prohibits the imposition of poll taxes, and forbids the legislature to conferor grant any hereditary privileges. It also provides for the incorporation of associations regularly formed within the state, on their application to the legislature for that purpose." [Pg. 34]

   4. Be it enacted. That if any person shall presume to discharge or fire, or cause to be discharged or fired, any gun or other fire-arms at any mark or object, or upon any pretence whatever, unless he or she shall at the same time be with such gun or fire-arms at the distance of at least one-quarter of a mile from the nearest building of any such city, town, village or station, such person shall for every such offence, forfeit and pay to the use of the county in which the same shall be committed, a sum not exceeding five dollars, nor less than one dollar. And if any person being within a quarter of a mile of any city, town, village or station as aforesaid, shall at the same time wilfully discharge or fire any gun or fire-arms, or cause or procure the same to be discharged or fired, at any time after the setting of the sun and before the rising of the same, he or she so offending, shall in like manner forfeit and pay to the use aforesaid, a sum not exceeding five dollars, nor less than one dollar; reserving nevertheless to any person who will inform, and sue for either of the penalties hereinbefore last mentioned within one month from the commission of the offence, a moiety of the penalty Which the party offending shall on conviction be adjudged to forfeit and pay, the other moiety thereof to go to the use of the county as aforesaid; which said several penalties, or either of them, shall be recoverable with costs, before any justice, judge, or court having cognizance of the same.

   Provided always, That nothing herein contained shall be deemed or construed to extend to any person lawfully using fire-arms as offensive or defensive weapons, in annoying, or opposing a common enemy, or defending his or her person or property, or the person or property of any other, against the invasion or depredations of an enemy, or in the support of the laws and government; or against the attacks of rebels, highwaymen, robbers, thieves, or others unlawfully assailing him or her, or in any other manner where such opposition, defence, or resistance is allowed by the law of the land. [Pg. 106]

[LAWS OF THE TERRITORY NORTHWEST OF THE RIVER OHIO INCLUDING THE LAWS OF THE GOVERNOR AND JUDGES THE MAXWELL CODE AND THE Laws of the Three Sessions of the Territorial Legislature 1791-1802 WITH A SKETCH OF THE STATE OF OHIO THE ORDINANCE
OF 1787 ETC CINCINNATI 1833.]