Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers, Part 121

Author: McDonough, J.L., & Co., Philadelphia
Publication date: 1883
Publisher: Philadelphia : J.L. McDonough & Co
Number of Pages: 578


USA > Illinois > Perry County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 121
USA > Illinois > Randolph County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 121
USA > Illinois > Monroe County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 121


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No State shall, without the consent of the Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay.


ARTICLE Il.


SECTION 1. The Executive power shall be vested in a Presi- dent of the United States of America. He shall hold his office during the term of four years, and, together with the Vice Presi- dent chosen for the same term, be elected as follows :


Each State shall appoint, in such a manner as the Legislature thereof may direct, a number of clectors equal to the whole num- ber of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the l'uited States, shall be appointed an elector.


[*The clectors shall meet in their respective States and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all persons voted for. and of the number of votes for each ; which list they shall sign and certify, and transmit, sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall. in the presence of the Senate and House of Repre- sentatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed ; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President ; and if no person have a major- ity, then from the tive highest on the list the said House shall in like manner choose the President. But in choosing the Presi- dent, the vote shall be taken by States, the representation from each State having one vote; a quorum for this purpose, shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case. after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.]


The t'ongress may determime the time of choosing the cleet- ors, and the day on which they shall give their votes; which day shall be the same throughout the United States.


No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any per- soon be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the United States.


In case of the removal of the President from office, or of his death, resignation. or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall aet accordingly, until the disa- bility be removed, or a President shall be elected.


The President shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished dur- ing the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.


Before he enter on the execution of his office he shall take the following oath or affirmation :


" I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will. to the best of my ability, preserve, protect, and defend the Constitution of the United States."


* This clause within brackets has been superseded and annulled by the XII Amendment.


15


508


HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


SECTION 2. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States ; he may require the opinion, in writing, of the principal officer in each of the Executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for otfences against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur ; and he shall nominate, and by and with the advice of the Senate, shall appoint ambassadors, other public ministers, consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.


The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting com- missions which shall expire at the end of their next sessions.


SECTION 3. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and ex- pedient ; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.


SECTION 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeach- ment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.


ARTICLE III.


SECTION 1. The judicial power of the United States shall be vested in one Supreme Court and such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.


SECTION 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ;- to all cases affecting ambassadors, other public ministers and consuls ;- to all cases of admiralty and maritime jurisdiction ;- to controversies to which the United States shall be a party ;- to controversies between two or more States ;- between a State and citizens of another state ;- between citizens of different States ;- between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects.


In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction.


In all the other cases before mentioned the Supreme Court shall have appellate jurisdiction both as to law and fact, with such ex- ceptions, and under such regulations as the Congress shall make.


The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the State where the said crimes shall have been committed ; but when not committed within any State the trial shall be at such place or places, as the Congress may by law have directed.


SECTION 3. Treason against the United States shall consist only of levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.


The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted.


ARTICLE IV.


SECTION 1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State And the Congress may by general law prescribe the man-


ner in which such acts, records and proceedings shall be proved and the effect thereot.


SECTION 2. The citizens of each State shall be entitled to the all privileges and immunities of citizens in the several States.


A person charged in any State with treason, felony or other crime, who shall flee from justice and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.


No person held to service or labor in one State, under the Jaws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on the claim of the party to whom such service or labor may be due.


SECTION 3. New States may be admitted by the Congress into this Union ; but no new State shall be formed or erected within the jurisdiction of any other State ; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress.


The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.


SECTION 4. The United States shall guarantee to every State in this Union a Republican form of government and shall pro- tect each of them against invasion, and on application of the Legislature, or of the Executive (when the Legislature cannot be convened ) against domestic violence.


ARTICLE V.


The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which in either case, shall be valid to all intents and purposes, as a part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three- fourths thereof, as the one or the other mode of ratification may be proposed by the Congress. Provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.


ARTICLE VI.


All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the Confedera- tion.


This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State notwithstanding.


The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all Executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution : but no religious test shall ever be required as a qualification to any office of public trust under the United States.


ARTICLE VII.


The ratification of the Convention of nine States shall be suffi- cient for the establishment of this Constitution between the States so ratifying the same.


DONE in Convention by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America, the twelfth. IN WITNESS WHEREOF, We have hereunto subscribed our names. .


GEO. WASHINGTON, President and Deputy from Virginia.


16


509


HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


New Hampshire.


JOHN LANGDON, NICHOLAS GILMAN.


WIL. LIVINGSTON, WM. PATTERSON, DAVID BREARLY, JONA. DAYTON,


Pennsylvania.


B. FRANKLIN,


ROBT. MORRIS,


THO. FITZSIMONS,


JAMES WILSON, THOMAS MIFFLIN,


GEO. CLYMER, JARED INGERSOLL., Gory. MORRIS.


Delaware.


GEO. READ,


JOHN DICKINSON,


JACOB BROOM,


GUNNING BEDFORD, IR. RICHARD BASSET.


Virginia.


JOHN BLAIR, JAMES MADISON, JE. Marylond. JAMES M'HENRY, DANL. CARROL, DAN. OF ST. THOS. JENIFER. Attest:


North Carolina.


WM. BLOUNT, HU. WILLIAMSON, RICH'D DOBBS SPAIGHT.


South Carolina.


J. RUTLEDGE, CHARLES PINCKNEY, CHAS. COTESWORTH PINCKNEY


PIERCE BUTLER.


Georgia.


WILLIAM FEW, ABR. BALDWIN.


WILLIAM JACKSON, Secretary.


AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES.


Proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth article of the original Constitution.


ARTICLE I.


Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the free lom of speech, or of the press ; or the right of the people peacefully to assemble, and to petition the government for a re- dress of grievances.


ARTICLE II.


A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.


ARTICLE IN.


No soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.


ARTICLE IV.


The right the of people to be secure in their persons, houses, papers, and c.feets, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon prob- able cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seizedl.


ARTICLE V.


No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment by a Grand Jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger ; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be de- prived of life, liberty or property, without due process of law ; nor shall private property be taken for public use, without just compensation.


ARTICLE VI.


In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which dis- trict shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be con- fronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.


ARTICLE VII. In suits at common law where the value in controversy shall


execed twenty dollars, the right of trial by jury shall be pre- served, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.


ARTICLE VIII.


Excessive bails shall not be required, nor excessive fines im- posed, nor cruel and unusual punishment inflicted.


ARTICLE IX.


The enumeration in this Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


ARTICLE X.


The powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


ARTICLE XI.


The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State.


ARTICLE XII.


The electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom at least shall not be an inhabitant of the same State with themselves ; they shall name in their ballot the person to be voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice President, and of the number of votes for each, which list they shall sign and certify, and transmit scaled to the seat of government of the United States, directed to the President of the Senate. The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President, shall be the President, if such nomber be a majority of the whole number of electors appointed ; and if no person have such majority, then from the persons having the highest number not exceeding three on the list of those voted for as President, the House of Representatives shall choose im- mediately, by ballot, the President. But in choosing the Presi- dent, the vote shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall con-


17


Massachusetts. NATHANIEL GORHAM, RUFUS KING.


Connecticut.


W'M. SAML. JOHNSON, ROGER SHERMAN.


New York. ALEXANDER HAMILTON.


New Jersey.


510


HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


sist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President when- ever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other Consti- tutional disability of the President. The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President ; a quorum for the purpose shall consist of two- thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eli- gible to that of Vice President of the United States.


ARTICLE XIII.


SECTION 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.


SECTION 2. Congress shall have power to enforce this article by appropriate legislation.


ARTICLE XIV.


SECTION 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.


SECTION 2. Representatives shall be appointed among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not


taxed ; but when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a State or the members of the Legislature thereof, is denied to any of themale inhabitants of such State, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crimes, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.


SECTION 3. No person shall be a Senator or Representative in Congress or elector of President and Vice President, or hold any office civil or military, under the United States or under any State who, having previously taken oath as Member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or eom- fort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.


SECTION 4. The validity of the public debt of the United States authorized by law, including debts incurred for payment of pensions and bounties for suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt of obligation in- curred in the aid of insurrection or rebellion against the United States, or any loss for emancipation of any slave, but such debts, obligations and claims shall be held illegal and void.


SECTION 5. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.


ARTICLE XV.


SECTION 1. The rights of citizens of the United States to vote shall not be denied or abridged by the United States on account of race, color, or previous condition of servitude.


SECTION 2. Congress shall have power to enforce this article by appropriate legislation. 18


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THE TOWN OF IVY LOOKING EAST TOWARDS THE ILLINOIS BLUFFS.


THE TOWN OF IVY, PROPERTY OF BRICKEY & AU BUCHON AND FARM LANDS 3OD ACHES) ADJOINING ON MISSISSIPPI RIVER IN MITCHIE PRECINCT, MONROE CO. ILL .


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Q.977.39C7331974 C001 COMBINED HISTORY OF RANDOLPH, MONROE AND


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