USA > Illinois > Madison County > History of Madison County, Illinois With biographical sketches > Part 139
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He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.
Ile has made judges dependent on his will alone, for the ten- ure of their offices, and the amount and payment of their salaries,
IIe has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their sub- stance.
Ile has kept among us, in times of peace, standing armies, without the consent of our legislature.
He has affected to render the military independent of, and superior to, the civil power.
He has combined, with others, to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws ; giv- ing his assent to their acts of pretended legislation.
For quartering large bodies of armed troops among us.
For protecting them, by a mock trial, from punishment, for any murders they should commit on the inhabitants of these States.
For cutting off our trade with all parts of the world :
For imposing taxes on us without our consent :
For depriving us, in many cases, of the benefits of trial by jury :
For transporting us beyond seas to be tried for pretended of- fences :
For abolishing the free system of English law in a neiglibor- ing province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies :
For taking away our charters, abolishing our most valuable laws, and altering fundamentally, the powers of our govern- ments :
For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated government here, by declaring us out of his protection, and waging war against us.
Ile has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
He is, at this time, transporting large armies of foreign mer- cenaries to complete the work of death, desolation and tyranny, already begun, with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the hcad of a civilized nation.
He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the exe- cutioners of their friends and brethren, or to fall themselves by their hands.
Ile has excited domestic insurrections amongst us, and has en- deavored to bring on the inhabitants of our frontiers, the merci- less Indian savages, whose known rule of warfare is an undis- tinguished destruction of all ages, sexes, and conditions.
In every stage of these oppressions, we have petitioned for re- dress, in the most humble terms ; our repeated petitions have been answered only by repeated injury. A prince, whose charac- ter is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.
Nor have we been wanting in our attention to our British brethren. We have warned them from time to time, of attempts made by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connections and correspon- dence. They, too, have been deaf to the voice of justice and consanguinity. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace, friends.
We, therefore the representatives of the UNITED STATES OF AMERICA, in GENERAL CONGRESS assembled, appeal- ing to the Supreme Judge of the World for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonics, solemnly publish and declare, That these United Colonies are, and of right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all allegiance to the British crown, and that all political connection between them and the State of Great Britain, is, and ought to be, totally dissolved ; and that as FREE AND INDEPENDENT STATES, they have full power to levy war, conclude peace, con- tract alliances, establish commerec, and to do all other acts and things which INDEPENDENT STATES may of right do. And, for the support of this declaration, and a firm reliance on the protection of DIVINE PROVIDENCE, we mutually pledge to each other, our lives, our fortunes, and our sacred honor.
JOHN HANCOCK.
13
CONSTITUTION OF THE UNITED STATES.
WE, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare and secure the blessings of liberty to ourselves and our pos- terity, do ordain and establish this CONSTITUTION for the United States of America.
ARTICLE I.
SECTION I. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
SECTION 2. The House of Representatives shall be composed of members chosen every second year by the people of the sev- eral States, and the electors in each State shall have the qualifi- cations requisite for electors of the most numerous branch of the State Legislature.
No person shall be a Representative who shall not have at- tained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that Stite in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several States which may be included within this Union. ac- cording to their respective numbers, which shall be determined by adding to the whole number of free persons including those bound to service for a term of years, and excluding Indians not taxel, 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, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, and Georgia three.
When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.
The IInuse of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment.
SECTION 3. The Senate of the United States shall be con- posed of two Senators from each State, chosen by the Legisla- ture thereof, for six years; and each Senator shall have one vote.
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 he 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 resigna- tion, or otherwise, during the reeess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies.
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.
The Vice President of the United States shall be the President of the Senate, but shall have no vote unless they be equally di- vided.
The Senate shall choose their other officers, and also a Presi- dent pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.
The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oath or affirma- tion. When the President of the United States is tried. the Chief Justice shall preside. And no person shall be convicted without the concurrence of two-thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and en-
joy any office of honor, trust or profit under the United States ; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law.
SECTION 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law, make or alter such regulations, except as to the places of choosing Senators.
The Congress shall assemble at least once in every year. and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
SECTION 5. Each house shall be the judge of the election, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner, and under such penalties as each house may provide.
Each house may determine the rules of its proceedings, pun- ish its members for disorderly behaviour, and, with the concur- rence of two-thirds, expel a member.
Each house shall keep a journal of its proceedings, and from time to time publish the same excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal.
Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
SECTION 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in cither house they shall not be questioned in any other place.
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the author- ity of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time ; and no person holding any office under the United States, shall be a member of either house during his continuance in othee.
SECTION 7. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or con- cur with amendments as on other bills.
Every bill which shall have passed the House of Representa- tives and the Senate, shall, before it becomes a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it with his objections to that house in which it shall have originated, who shall enter the ob- jections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objec- tious, to the other house, by which it shall likewise be recon- sidered, if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons vot- ing for an l against the bill shall be entered on the journal of cach house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted ), after it shall have been presented to him, the same shall be a law, in like man- ner as if he had signed it, unless the Congress by their adjourn- ment prevent its return, in which case it shall not be a law.
Every order, resolution or vote to which the concurrence of Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the Presi- dent of the United States ; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be renassed by two-thirds of the Senate and House of Representa- tives, according to the rules and limitations prescribed in the case of a bill.
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HISTORY OF MADISON COUNTY, ILLINOIS.
SECTION 8. The Congress shall have power --
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general wel- fire of the United States; but all duties, imposts and excises shall be uniform throughout the United States ;
To borrow money on the credit of the United States ;
To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States ;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures ;
To provide for the punishment of counterfeiting the securities and current coin of the United States ;
To establish post-offices and post-roads ;
To promote the progress of science and useful arts, by secur- ing for limited times to authors andinventors the exclusive right to their respective writings and discoveries ;
To constitute tribunals inferior to the Supreme Court ;
To define and punish piracies and felonies committed on the high seas, and offences against the law of nations ;
To declare war, grant letters of marque and reprisal, and make rales concerning captures on land and water ;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years ;
To provide and maintain a navy ;
To mike rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions ;
To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.
To exercise legislation in all cases whatsoever, over such dis- tricts (not exceeding ten miles square), as may by the cession of particular States and the acceptance of Congress become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the Legisla- ture of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful build- ings ;- and
To make all laws which shall be necessary and proper for car- rying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or to anv department or officer thereof.
SECTION 9. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The privileges of the writ of habeas corpus shall not be sus- pended, unless when in cases of rebellion or invasion the public safety may require it.
No bill of attainder or ex-post facto law shall be passed.
No capitation or other direct tax shall be laid unless in pro- portion to the census, or enumeration hereinbefore directed to be taken.
No tax or duty shall be laid on articles exported from any State.
No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from one State, be obliged to enter, clear, or pay duties in another.
No money shall be drawn from the Treasury, but in con- sequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States ; and no person holding any office of profit or trust under them, shall without the consent of Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State.
SECTION 10. No State shall enter into any treaty, alliance, or confederation; grant letters of marque or reprisal ; coin money ; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be ab- solutely necessary for executing its inspection laws, and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
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 II.
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 electors 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 nuder the United States, shall be appointed an elector.
[*The electors 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 hallot one of them for President ; and if no person have a major- ity, then from the five highest on the list the said ITouse 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 laving 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 Congress may determine the time of choosing the elect- 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- son 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 act 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.
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HISTORY OF MADISON COUNTY, 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 offences 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 coneur ; 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 oflaw, 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. IIe 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 anthority ;- 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 lan Is under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects.
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