USA > Illinois > Coles County > The History of Coles County, Illinois map of Coles County; history of Illinois history of Northwest Constitution of the United States, miscellaneous matters, &c., &c > Part 16
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 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83
Second. I give, devise and bequeath to each of my daughters, Anna Louise Mansfield and Ida Clara Mansfield, each Two Thousand dollars in bank stock, in the Third National Bank of Cincinnati, Ohio, and also each one quarter section of land, owned by myself, situated in the Town of Lake, Illinois, and recorded in my name in the Recorder's office in the county where such land is located. The north one hundred and sixty acres of said half section is devised to my eldest daughter, Anna Louise.
6
188
ABSTRACT OF ILLINOIS STATE LAWS.
Third. I give, devise and bequeath to my son, Frank Alfred Mans- field, Five shares of Railroad stock in the Baltimore and Ohio Railroad, and my one hundred and sixty acres of land and saw mill thereon, situ- ated in Manistee, Michigan, with all the improvements and appurtenances thereunto belonging, which said real estate is recorded in my name in the county where situated.
Fourth. I give to my wife, Victoria Elizabeth Mansfield, all my household furniture, goods, chattels, and personal property, about my home, not hitherto disposed of, including Eight Thousand dollars of bank stock in the Third National Bank of Cincinnati, Ohio, Fifteen shares in the Baltimore and Ohio Railroad, and the free and unrestricted use, pos- session, and benefit of the home farm, so long as she may live, in lieu of dower, to which she is entitled by law; said farm being my present place of residence.
Fifth. I bequeath to my invalid father, Elijah H. Mansfield, the income from rents of my store building at 145 Jackson Street, Chicago, Illinois, during the term of his natural life. Said building and land there- with to revert to my said sons and daughters in equal proportion, upon the demise of my said father.
Sixth. It is also my will and desire that, at the death of my wife, Victoria Elizabeth Mansfield, or at any time when she may arrange to relinquish her life interest in the above mentioned homestead, the same may revert to my above named children, or to the lawful heirs of each.
And lastly. I nominate and appoint as executors of this my last will and testament, my wife, Victoria Elizabeth Mansfield, and my eldest son, Sidney H. Mansfield.
I further direct that my debts and necessary funeral expenses shall be paid from moneys now on deposit in the Savings Bank of Salem, the residue of such moneys to revert to my wife, Victoria Elizabeth Mansfield, for her use forever.
In witness whereof, I, Charles Mansfield, to this my last will and testament, have hereunto set my hand and seal, this fourth day of April, eighteen hundred and seventy-two.
Signed, sealed, and declared by Charles Mansfield, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other, have sub- scribed our names hereunto as witnesses thereof.
CHARLES MANSFIELD. [L.S.]
PETER A. SCHENCK, Sycamore, Ills.
FRANK E. DENT, Salem, Ills.
189
ABSTRACT OF ILLINOIS STATE LAWS.
CODICIL.
Whereas I, Charles Mansfield, did, on the fourth day of April, one thousand eight hundred and seventy-two, make my last will and testa- ment, I do now, by this writing, add this codicil to my said will, to be taken as a part thereof.
Whereas, by the dispensation of Providence, my daughter, Anna Louise, has deceased November fifth, eighteen hundred and seventy-three, and whereas, a son has been born to me, which son is now christened Richard Albert Mansfield, I give and bequeath unto him my gold watch, and all right, interest, and title in lands and bank stock and chattels bequeathed to my deceased daughter, Anna Louise, in the body of this will.
In witness whereof, I hereunto place my hand and seal, this tenth day of March, eighteen hundred and seventy-five.
Signed, sealed, published, and declared to)
us by the testator, Charles Mansfield, as and for a codicil to be annexed to his last will and testament. And we, at his request, and in his presence, and in the presence of each other, have sub- scribed our names as witnesses thereto, at the date hereof.
FRANK E. DENT, Salem, Ills.
JOHN C. SHAY, Salem, Ills.
CHARLES MANSFIELD. [L.S.]
CHURCH ORGANIZATIONS
May be legally made by electing or appointing, according to the usages or customs of the body of which it is a part, at any meeting held for that purpose, two or more of its members as trustees, wardens or vestrymen, and may adopt a corporate name. The chairman or secretary of such meeting shall, as soon as possible, make and file in the office of the recorder of deeds of the county, an affidavit substantially in the following form : STATE OF ILLINOIS, County. SS.
I, -, do solemnly swear (or affirm, as the case may be), that at a meeting of the members of the (here insert the name of the church, society or congregation as known before organization), held at (here insert place of meeting), in the County of - -, and State of Illinois, on the - day of A.D. 18-, for that purpose, the fol- lowing persons were elected (or appointed) [here insert their names] trustees, wardens, vestrymen, (or officers by whatever name they may choose to adopt, with powers similar to trustees) according to the rules and usages of such (church, society or congregation), and said
190
ABSTRACT OF ILLINOIS STATE LAWS.
adopted as its corporate name (here insert name), and at said meeting this affiant acted as (chairman or secretary, as the case may be).
Subscribed and sworn to before me, this - day of -- , A.D. 18 -.
Name of Affiant
which affidavit must be recorded by the recorder, and shall be, or a certi- fied copy made by the recorder, received as evidence of such an incorpo- ration.
No certificate of election after the first need be filed for record.
The term of office of the trustees and the general government of the society can be determined by the rules or by-laws adopted. Failure to elect trustees at the time provided does not work a dissolution, but the old trustees hold over. A trustee or trustees may be removed, in the same manner by the society as elections are held by a meeting called for that purpose. The property of the society'vests in the corporation. The corporation may hold, or acquire by purchase or otherwise, land not exceeding ten acres, for the purpose of the society. The trustees have the care, custody and control of the property of the corporation, and can, when directed by the society, erect houses or improvements, and repair and alter the same, and may also when so directed by the society, mortgage, encumber, sell and convey any real or personal estate belonging to the corporation, and make all proper contracts in the name of such corporation. But they are prohibited by law from encumbering or inter- fering with any property so as to destroy the effect of any gift, grant, devise or bequest to the corporation ; but such gifts, grants, devises or bequests, must in all cases be used so as to carry out the object intended by the persons making the same. Existing societies may organize in the manner herein set forth, and have all the advantages thereof.
SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIPTION.
The business of publishing books by subscription having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher ; in order to prevent that as much as possi- ble, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the fol- lowing statement is made :
A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described ; the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described in the prospectus and by the sample shown. These should be carefully examined before sub- scribing, as they are the basis and consideration of the promise to pay,
ABSTRACT OF ILLINOIS STATE LAWS.
and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by prospectus and sample, in order to bind the principal, the subscriber should see that such conditions or changes are stated over or in connection with his signa- turc, so that the publisher may have notice of the same.
All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as to written contracts is, that they can not be varicd, altered or rescindcd verbally, but if done at all, must be done in writing. It is therefore important that all persons contem- plating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.
Persons employed to solicit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it in any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their buisness.
It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instru- ment, would examine carefully what it is ; if they can not read themselves, should call on some one disinterested who can.
6
192
CONSTITUTION OF THE UNITED STATES
CONSTITUTION OF THE UNITED STATES OF AMERICA AND ITS AMENDMENTS.
We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, 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 Congress of the United States, which shall consist of a Senate and House of Representatives.
SEC. 2. The House of Representatives shall be composed of mem- bers chosen every second year by the people of the several states, and the clectors in each state shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.
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, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the sev- eral 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 persons, 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 subse- quent 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 Plan- tations one, Connecticut five, New York six, New Jersey four, Pennsylva- nia 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 House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment.
SEC. 3. The Senate of the United States shall be composed of two Senators from each state, chosen by the Legislature 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 be vacated at the expira-
193
AND ITS AMENDMENTS.
tion 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 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 President of the Senate, but shall have no vote unless they be equally divided.
The Senate shall choose their other officers, and also a President 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 affirmation. 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 enjoy 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.
SEC. 4. The times, places and manner of holding elections for Sen- ators and Representatives shall be prescribed in each state by the Legis- lature 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.
SEC. 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, punish its members for disorderly behavior, and, with the concurrence 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.
SEC. 6. The Senators and Representatives shall receive a compen- sation 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,
194
CONSTITUTION OF THE UNITED STATES
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 either 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 authority 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 office.
SEC. 7. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments as on other bills.
Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President " 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 origi- nated, who shall enter the objections 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- tions, to the other house, by which it shall likewise be reconsidered, and 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 voting for and against the bill shall be entered on the journal of each 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 manner as if he had signed it, unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law.
Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States, and before the same shall take effect shall be approved by him, or, being disapproved by him, shall be re-passed by two-thirds of the Senate and House of Representatives, according to the rules and lim- itations prescribed in the case of a bill.
SEC. 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 welfare 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 ;
195
AND ITS AMENDMENTS.
To promote the progress of sciences and useful arts, by securing, for I'mited times, to authors and inventors, 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 offenses against the law of nations ;
To declare war, grant letters of marque and reprisal, and make rules 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 make 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 disci- pline prescribed by Congress ;
To exercise legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by 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 Legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings ; and
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any depart- ment or officer thereof.
SEC. 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 privilege of the writ of habeas corpus shall not be suspended, 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 proportion 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 rev- enue 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 consequence of appropriations made by law; and a regular statement and account of the receipts and expeditures of all public money shall be published from time to time.
196
CONSTITUTION OF THE UNITED STATES
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 the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state.
SEC. 10. No state shall enter into any treaty, alliance, or confeder- ation ; grant letters of marque and 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 absolutely 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 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 President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President chosen for the same term, be elected as follows :
Each state shall appoint, in such manner as the Legislature thereof may direct, a number of Electors, equal to the whole number 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 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 the 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 Pres- ident of the Senate shall, in the presence of the Senate and House of Rep- resentatives, 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 ma- jority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, 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,
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.