USA > Illinois > Peoria County > The History of Peoria County, Illinois. Containing a history of the Northwest-history of Illinois-history of the county, its early settlement, growth, development, resources, etc., etc. > Part 34
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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 net accordingly, until the disability be removed or a President be elected.
The President shall, at stated times, receive for his services a compensation which shall neither be increased or diminished during 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 enters 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 Presi- dent of the United States, and will, to the best of my ability, preserve, proteet, and defend the Constitution of the United States."
SEC. 2. The President shall be the 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
* This clause between brackets has been superseded and annulled by the Twelfth Amendment.
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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 pardon for offenses 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 and 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 de- partments.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
SEC. 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 neces- sary and expedient ; 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 adjourn- ment, he may adjourn them to such a 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.
SEC. 4. The President, Vice-President, and all the civil officers of the United States, shall be removed from office on impeachment 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 estab- lislı. The Judges, both of the Supreme and inferior courts, shall hold their offices dur- ing good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
SEC. 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 ; be- tween citizens of the same State claiming lands under grants of different States, and between a state or the citizens thereof, and foreign Stites, 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 exceptions 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.
SEC. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be
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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 attain- der of treason shall work corruption of blood, or forfeiture, except during the life of the person attained.
ARTICLE IV.
SECTION I. 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 gen- eral laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
SEC. 2. The citizens of each State shall be entitled to 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 juris- diction of the erime.
No person held to service or labor in one State, under the laws 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.
SEC. 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 regu- lations 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.
SEC. 4. The United States shall guarantee to every State in this Union a republi- can form of government, and shall protect each of them against invasion, and on appli- cation of the Legislature, or of the Executive (when the Legislature can not 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 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 thou- sand eight hundred and eight shall in any manner affect the first or 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 Con- stitution shall be as valid against the United States under this Constitution as under the Confederation.
This Constitution, und the laws of the United States which shall be made in pur- suance thereof, and all trenties mnde, 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
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shall be bound thereby, anything in the Constitution or laws of any State to the contrary 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 or public trust under the United States.
ARTICLE VII.
The ratification of the Conventions of nine States shall be sufficient for the establish- ment of this Convention 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.
New Hampshire. John Langdon, Nicholas Gilman.
Massachusetts. Nathaniel Gorham, Rufus King.
Connecticut. Wm. Sam'l Johnson, Roger Sherman.
New York. Alexander Hamilton.
New Jersey.
Wil. Livingston, Wm. Paterson,
David Brearley, Jona. Dayton.
Pennsylvania.
B. Franklin,
Robt. Morris,
Thos. Fitzsimons,
James Wilson, Thos. Mifflin, Geo. Clymer, Jared Ingersol, Gouv. Morris.
Delaware. Geo. Read, John Dickinson, Jaco. Broom, Gunning Bedford, Jr., Richard Bassett.
Maryland. James M'Henry, Danl. Carroll, Dan. of St. Thos. Jenifer.
Virginia. John Blair, James Madison, Jr.
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.
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GENERAL HISTORY OF ILLINOIS.
ARTICLES IN ADDITION TO AND AMENDATORY OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA.
Proposed by Congress and ratified by the Legislature 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 pro- hibiting the free exercise thereof, or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble, and to petition the Government for a redress 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 III.
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 of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describ- ing the place to be searched and the persons or things to be seized.
ARTICLE V.
No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of 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 offense 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 deprived of life, liberty, or property, without due process of law : nor shall private property be taken for public use, withont just compensation.
ARTICLE VI.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and pub- lic trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be in- formed of the nature and cause of the accusation ; to be confronted 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 exceed twenty dollars, the right of trial by jury shall be preserved, 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 bail shall not be required, nor excessive fines imposed, nor cruel and un- usual punishments inflicted.
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ARTICLE IX.
The emuneration, in the 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 Constitution, 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 ballots the person to be voted for as president, and in distinct ballots the person voted for as vice-president. and they shall make dis- tinct lists of all persons voted for as president, and of all persons voted for as vice-president, 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 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 number 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 imme- diately, by ballot, the president. But in choosing the president, the votes 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. And if the House of Representatives shall not choose a president whenever 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 constitutional disability of the president. The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be the 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 eligible 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.
SEC. 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 re-
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side. No State shall make or enfore any law which shall abridge the privileges or im- munities 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 any person within its jurisdic- tion the equal protection of the laws.
SEC. 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 the male 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.
SEC. 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 an oath as a Member of Con- gress, 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 comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability.
SEC. 4. The validity of the public debt of the United States authorized by law, in- cluding debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall pay any debt or obligation incurred in the aid of insurrection or rebellion against the United States, or any loss or emancipation of any slave, but such debts, obli- gations, and claims shall be held illegal and void.
SEC. 5. Congress shall have power to enforce, by appropriate legislation, the provisions of this act.
ARTICLE XV.
SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.
SEC. 2. Congress shall have power to enforce this article by appropriate legislation.
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GENERAL HISTORY OF ILLINOIS.
ABSTRACT OF LAWS OF ILLINOIS.
(Prepared by JOHN MUCKLE, attorney-at-law, Peoria.)
BILLS OF EXCHANGE.
A bill of exchange is a written order to pay, usually in the following form : $1,000.00
Peoria, Ill., Jan'y 1, 1880.
Thirty days after sight pay to the order of A. B., one thousand dollars, value received, and charge to account of C. D.
To Fourth National Bank, New York City.
Foreign bills are frequently drawn in sets of three. In that case one of the set is written, "pay this first of exchange, second and third unpaid "; another is written, " pay this second of exchange, first and third unpaid," and the other is written, "pay this third of exchange, first and second unpaid." The bills are then sent out by different routes. The acceptance or payment of any one of the set stops payment on the balance.
The bills should be presented promptly to the drawer for acceptance. If he accepts he should write across the face of the bill the date of acceptance, the word " accepted," and under that his signature. By accepting the drawee becomes bound to pay the bill ; but if he refuses to accept or fails to pay after having accepted, the drawer will be obliged to pay it himself. The payee may transfer the bill by writing his name across the back of it, and having done so he will be bound to pay the bill, unless the drawer or acceptor pays it, or he limits his liability in the endorsement.
Whenever a bill of exchange, drawn or endorsed within this State and payable in a foreign country, is duly protested for non-payment or non-acceptance, the drawer or indorser must pay it and legal interest thereon from the time the bill ought to have been paid, and ten per cent. damages in addition, together with the costs and charges of protest. If a bill of exchange drawn upon any person out of this State and within the United States is protested for non-payment or non-acceptance, the drawer or indorser must pay it, with legal interest from the time it ought to have been paid, and costs and charges of protest and five per cent. damages in addition, if suit has to be brought on it. 1
PROMISSORY NOTES.
Promissory notes are usually drawn in the following form :
Peoria, Ill., Jan'y 1st, 1880.
$500,00 100 Four months after date I promise to pay to the order of C. D. five hundred dollars, with interest, at the rate of eight per cent. per annum, at the Second National Bank, Peoria, Ill., value received. A. B.
The promise may be to pay money or some article of personal property. Notes, made payable to any person named as payee therein, may be assigned, by the payee writ- ing his name across the back, so as to vest the property thereof absolutely in the assignee, and to enable the assignee to sue on the note in his own name; and the maker of the note is not allowed to allege payment to the payee, made after notice of assignment, as a defense against the assignee. Every assignor is liable to the assignee of such a note, if the assignee has used due diligence, by the institution and prosecution of a suit against the maker thereof, for the recovery of the amount due thereon ; but if such a suit would have been unavailing, or the maker had absconded or resided without or had left the State, when the note became due, the assignee may recover against the assignor, with- out first suing the maker of the note. A note, payable to bearer, may be transferred by
-
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delivery, and an action may be maintained in the name of the holder of it ; and if any one endorses such a note he will be held as a guarantor of payment, unless it is stated otherwise in the indorsement. When sued on a note, the defendant may show that there was no consideration for the note, or that the consideration has wholly or partially failed, unless the suit is brought by a bona fide assignee, who obtained the note before it became due. The maker of a note may set up in defense to any action on it that fraud and circumvention were used in obtaining the making or executing of it. If a note is endorsed after it falls due, the maker may set up in defense of an action on it by the endorser, any defenses that he could maintain, if the suit were brought by the payee, or any intermediate holder. If the note was transferred by delivery after it became due, the maker may set-off to the amount of the plaintiff's debt any demand existing in his favor against any person or persons who assigned or transferred the note after it became due, if the demand could have been set-off against the assignor while the note belonged to him. Notes and bills are entitled to days of grace, unless payable on sight, on de- mand, or on presentment. If a note or bill falls due on a regular holiday it is deemed as having matured on the day previous, or, if two holidays come together, on the day previous to the first of such days.
INTEREST.
The statute allows interest at the rate of six per cent. per annum upon the loan or forbearance of any money, goods or thing in action, on judgments; on all moneys that may become due on any bond, bill, note or other instrument in writing ; on money lent, or advanced for the use of another ; on the balance due on account, after it is ascertained between the parties ; on money received to the use of another, and retained without the owner's knowledge ; on money withheld by an unreasonable and vexatious delay of payment. In written contracts, the parties may agree on any rate of interest not ex- ceeding eight per cent. Whoever contracts to receive more than eight per cent. interest, forfeits the whole of the interest ; but no corporation is allowed to interpose the defense of usury.
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