USA > Iowa > The Iowa official register, 1905 > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60
9
Articles of Confederation.
fitted out for that occasion, and kept so long as the danger shall continue, or until the United States, in congress assembled, shall determine otherwise.
ART. 7. When land forces are raised by any state for the common defense, all officers of or under the rank of colonel shall be appointed by the legislature of each state, respectively, by whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the state which first made the appointment.
ART. 8. All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to, or surveyed for, any person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the United States in congress asembled shall, from time to time, direct and appoint.
The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states, within the time agreed upon by the United States in congress assembled.
ART. 9. The United States, in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article; of sending and receiving ambassadors, entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are sub- jected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever; of establishing rules for deciding, in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated ; of granting letters of marque and reprisal in times of peace; appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of capture; provided that no member of congress shall be appointed a judge of any of the said courts.
The United States in congress assembled, shall also be the last resort on appeal in all disputes and differences now subsisting, or that hereafter may arise, between two or more states concerning boundary, jurisdiction, or any other cause whatever, which authority shall always be exercised in the manner following: Whenever the legislature or executive authority or lawful agent of any state in controversy with another shall present a petition, to congress, stating the matter in question and praying for a hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in controversy. and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining of th ' matter in question; but, if they cannot agree, congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the peti- tioners beginning, until the number shall be reduced to thirteen, and from that number not less than seven nor more than nine names, as congress shall direct, shall, in the presence of congress, be drawn out by lot, and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination; and if either
10
Articles of Confederation.
party shall neglect to attend at the day appointed without showing reasons which congress shall judge sufficient; or, being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed in the manner before prescribed shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment which shall in like manner be final and decisive; the judgment or sentence and other proceedings being in either case transmitted to congress, and lodged among the acts of congress, for the security of the parties concerned : provided that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection or hope of reward:" provided, also, that no state shall be deprived of territory for the benefit of the United States.
All controversies concerning the private right of soil, claimed under differ- ent grants of two or more states whose jurisdictions, as they may respect such lands, and the states which passed such grants, are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states. ..
The United States in congress assembled, shall also have the sole and exclu- sive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states, fixing the standard of weights and measures throughout the United States; regulating the trade and managing all affairs with the Indians, not members of any of the states: pro- vided, that the legislative right of any state, within its own limits, be not infringed or violated; establishing and regulating post offices from one state to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office; appointing all officers of the land forces in the service of the United States, excepting regimental officers; appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States; making rules for the government and regulation of the said land and naval forces, and directing their operations.
The United States, in congress assembled, shall have authority to appoint a committee, to sit in the recess of congress, to be denominated "A Committee of the States, " and to consist of one delegate from each state, and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction ; to appoint one of their number to preside: provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses; to borrow money or emit bills on the credit of the United States, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted; to build and equip a navy ; to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state, which requisition shall be binding;
11
Articles of Confederation.
and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm and equip them, in a soldier-like manner, at the expense of the United States; and the officers and men, so clothed, armed and equipped, shall march to the place appointed, and within the time agreed on, by the United States, in congress assembled, but if the United States, in congress assembled, shall, on consideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number connot be safely spared out of the same, in which case they shall raise, officer, clothe, arm and equip as many of such extra number as they judge can be safely spared, and the officers and men, so clothed. armed and equipped, shall march to the place appointed, and within the time agreed on, by the United States, in congress assembled.
The United States, in congress assembled, shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any trea- ties or alliances, nor coin money, nor regula e the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander-in-chief of the army or navy, unless nine states assent to the same, nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States, in congress assembled.
The congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof re- lating to treatles, alliances or military operations as in their judgment require secrecy ; and the yeas and nays of the delegates of each state, on any question, shall be entered on the journal, when it is desired by any delegate; and the del- egates of a state, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several states.
ART. 10. The committee of the states, or any nine of them, shall be author- ized to execute, in the recess of congress, such of the powers of congress as the United States, in congress assembled, by the consent of nine states, shall, from time to time, think expedient to vest them with: provided that no power be delegated to the said committee, for the exercise of which by the articles of confederation, the voice of nine states, in the congress of the United States assembled, is requisite.
ART. 11. Canada, acceding to this confederation and joining in the meas- ures of the United States, shall be admitted into and entitled to all the advan- tages of this union ; but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.
ART. 12. All bills of credit emitted, moneys borrowed and debts cont acted by or under the authority of congress, before the assembling of the United States in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged.
12
Articles of Confederation.
ART. 13. Every state shall abide by the determinations of the United States, in congress assembled, on all questions which by this confederation are submit ted to them. And the articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a congress of the United States, and be afterwards confirmed by the legislatures of every state.
And whereas it hath pleased the great Governor of the world to incline the hearts of the legislatures we respectfully represent in Congress to approve of, and to authorize us to ratify, the said articles of confederation and perpetual union. Know ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and con- firm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained. And we do further solemnly plight and engage the faith of our respective constituents that they shall abide by the determinations of the United States, in congress assembled, on all ques ions which by the said confederation are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent, and that the union shall be perpetual. In witness whereof, we have hereunto set our hands, in congress.
Done at Philadelphia, in the State of Pennsylvania, the 9th day of July, in the year of our Lord 1778, and in the third year of the Independence of America.
On the part and behalf of the State of New Hampshire. - Josiah Bartlett, John Wentworth, Jun. (August 8, 1778. )
On the part and behalf of the State of Massachusetts Bay. - John Hancock, Samuel Adams, Elbridge Gerry, Francis Dana, James Lovell, Samuel Holten.
On the part and behalf of the State of Rhode Island and Providence Plantations. - William Ellery, Henry Marchant, John Collins.
On the part and behalf of the State of Connecticut. - Roger Sherman, Samuel Huntington, Oliver Wolcott, Titus Hosmer, Andrew Adams.
On the part and behalf of the State of New York. - Jas. Duane, Fra. Lewis, Wm. Duer, Gouv. Morris.
On the part and behalf of the State of New Jersey. - Jno. Witherspoon, Nathl. Scudder. (November 26, 1778. )
On the part and behalf of the State of Pennsylvania. - Robt. Morris, Daniel Roberdeau, Jona. Bayard Smith, William Clingan, Joseph Reed (July 22, 1778. ) On the part and behalf of the State of Delaware. - Thomas M'Kean (February 12, 1779), John Dickinson (May 5, 1779), Nicholas Van Dyke.
On the part and behalf of the State of Maryland. - John Hanson (March 1, 1781), Daniel Carroll (March 1, 1781).
On the part and behalf of the State of Virginia. - Richard Henry Lee, John Banister,, Thomas Adams, Jno. Harvie, Francis Lightfoot Lee.
On the part and behalf of the State of North Carolina. - John Penn (July 21, 1778), Corns. Harnett, Jno. Williams. 1
On the part and behalf of the State of South Carolina. - Henry Laurens, William Henry Drayton, Jno. Matthews, Richd., Hutson, Thos. Heyward, Jun.
On the part and behalf of the State of Georgia .- Jno. Walton (July 24, 1778), Edwd. Telfair, Edwd. Langworthy.
13
Constitution of the United States.
1
THE CONSTITUTION OF THE UNITED STATES.
[ Recommended by the convention of the states to congress Sept. 11, 1787, and by it submitted to the states for ratification, which, by the concurrence of nine states, was consummated and proclaimed September 13, 1788. ]
SUMMARY.
ARTICLES:
I. Legislative Department.
II. Executive Department.
III. Judicial Department.
IV. Rights and Obligations of the States.
V. Mode of Amending the Constitution.
VI. Obligation of Debts and of Treaties-Oaths of Office.
VII. Ratification.
Amendments.
PREAMBLE.
ARTICLE I-Legislative Department. SECTIONS :
1. Legislative powers, how vested.
2. (1) House of representatives, how composed-term-electors.
(2) Qualifications of members.
(3) Apportionment-direct taxes -census-ratio-present rep- resentation.
(4) Elections to fill vacancies.
(5) Election of speaker and other officers.
3. (1) Senate, how composed-term.
(2) Classes-vacancies, how filled.
(3) Qualifications of senators.
(4) Vice-president - duties-cast- ing vote.
(5) Other officers -- president pro tempore.
(6) Trial of impeachments.
(7) Limitation of judgment-fur- ther trial may be had.
4. (1) Elections for senators and rep- resentatives.
(2) Congress, when to meet.
5. (1) Each house to judge ofits own elections - quorum-compul- sory attendance.
(2) Rules-punishment of mem- bers- expulsion.
(3) Journals-yeas and nays, when recorded.
(4) Adjournments of congress.
6. (1) Pay of senators and represent- atives - privileges - freedom of debate.
(2) May not hold certain other offices.
7. (1) Origin of bills for revenue.
(2) Passage of bills-veto power limited.
(3) Concurrent resolutions and votes, how passed.
8. Powers of Congress.
(1) Collection of taxes-duties- imposts-excises. 1
(2) Borrowing money.
(3) Regulation of commerce-In- dian trade.
(4) Naturalization-bankrupcies.
(5) Coinage - weights and meas- ures.
14
Constitution of the United States.
ARTICLE I- Continued.
SECTIONS :
(6) Punishment of counterfeiting.
(7) Post-offices and post roads.
(8) Patents and copyrights.
(9) Tribunals inferior to supreme court.
(10) Piracies- offenses against the law of nations.
(11) War powers.
(12) Support of armies-limitation
(13) Maintenance of navy.
(14) Rules for land and naval forces.
(15) Calling forth militia.
(16) Discipline of militia-ap- pointments.
(17) Authority over seat of gov- ernment.
(18) Laws for carrying powers into execution.
9. (1) Limitation of slave trade.
(2) Privilege of writ of habeas corpus.
(3) Attainder-ex post facto laws.
(4) Capitation or direct taxes, how laid.
(5) Export duties forbidden.
(6) Commerce between states free and equal.
(7) Payments from treasury - public accounts.
(8) Titles of nobility and presents from foreign powers forbid- den.
10. (1) States not to exercise certain national powers.
(2) States not to levy duties on exports or imports.
(3) States not to lay tonnage du- ties, keep troops, make treat- ies, etc., nor engage in war.
ARTICLE II-Executive Department. SECTIONS :
1. (1) Executive power vested in president-term.
(2) Mode of election (obsolete).
(3) Congress to fix time for choosing electors.
(4) Qualifications of president.
(5) Case of vacancy-congress to provide for.
(6) Salary of president.
(7) Oath of president,
2. (1) Commander-in-chief-other powers.
(2) Treaties- appointing power.
(3) Vacancies in office.
(4) Message to congress-other duties.
(5) Removal of president and other officers.
ARTICLE III-Judicial Department. SECTIONS :
1. Judicial power, how vested- tenure and pay of judges.
2. (1) Jurisdiction of federal courts. (2) Original and appellate juris diction.
(3) Trial by jury-place of trial.
3. (1) Treason defined-how proved.
(2) Treason, punishment of-cor- ruption of blood-forfeitures.
ARTICLE IV-Rights and Obligations of the States.
SECTIONS :
1. Public acts, records and judi- cial proceedings of the states.
2. (1) Rights of citizens of the states. (2) Surrender of fugitives from justice.
(3) Surrender of persons held to service.
3. (1) Admission of new states.
(2) Power of congress over fed- eral property-vested rights protected.
4. Republican form of govern- ment guaranteed.
ARTICLE V-Mode of Amending the Constitution.
Congress may propose amend- ments-vote-states may call conventions- legislatures of three-fourts of the states must approve-provisos.
ARTICLE VI-Obligations of Debts and Treaties-Oath of Office.
(1) Existing debts valid as under Confederation.
15
Constitution of the United States.
(2) Constitution, laws and treaties of the United States supreme.
(3) Officers to take oath to support constitution-religious tests forbidden.
ARTICLE VII. - Ratification. Constitution may be ratified by concurrence of nine states.
AMENDMENTS.
I. Religious freedom.
II. Militia-right to bear arms.
III. Quartering of soldiers.
IV. Exemption from illegal seiz- ures and searches.
V. Indictments by grand jury- witness against oneself-ille- gal trials-private property not to be taken for public use.
VI. Rights of persons accused of crime.
VII. Jury trials in civil cases. VIII. Excessive bail and fines and cruel punishments forbidden.
IX. Unenumerated rights not dis- paraged.
X. Powers not delegated to the United States reserved to the states.
XI. Judicial power not extended to suits against a state by a citi- zen of another state or of a foreign state.
XII. SECTION 1. Election of presi- dent and vice-president- votes of electors-when elec- tion devolves upon house of representatives-vice-presi- dent to act when no choice.
SEC. 2. Senate to elect vice- president-when-quorum. SEO. 3. Eligibility to vice- presidency.
XIII. Slavery forbidden-congress to enforce.
XIV. SECTION 1. Citizens who are- equal rights guaranteed too.
SEC. 2. Representatives, how apportioned among the states.
SEC. 8. Disloyal persons in- eligible as senators and rep- resentatives-congress may remove disability.
SEC. 4. Public debt, pensions and bounties not to be ques- tioned-debts and claims in- curred in aid of rebellion de- clared void.
SEC. 5. Congress to enforce by legislation.
XV. Right to vote not restricted by race, color, etc. - Congress to enforce.
Wz, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America.
ARTICLE I.
SECTION 1. All legislative powers herein granted shall be vested in a con- gress of the United States, which shall consist of a senate and house of repre- sentatives.
SEO. 2. (1)* The house of representatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numer- ons branch of the state legislature.
(2) No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States,
"The figures in brackets are inserted for convenience of reference; they are ot in the original.
16
Constitution of the United States.
and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
(3) [Representative and direct taxes shall be apportioned among the several states which may be included within this union according to their respective numbers, which shall be determined by adding to the whole number of free per- sons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. ]* The actual enumeration shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative, and, until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsyl- vania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
(4) When vacancies happen in the representation from any state, the exec- utive authority thereof shall issue writs of election to fill such vacancies.
(5) The house of representatives shall choose their speaker and other officers, and shall have the sole power of impeachment.
SEC. 3. (1) The senate of the United States shall be composed of two sen- ators from each state, chosen by the legislature thereof for six years; and each senator shall have one vote.
(2) Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year ; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make tem- porary appointments until the next meeting of the legislature, which shall then fill such vacancies.
(3) No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.