USA > Indiana > Johnson County > The people's guide, a business, political and religious directory of Johnson Co., Ind. together with a collection of very important documents and statistics connected with our moral, political and scientific history; also, a historical sketch of Johnson County > Part 2
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[The electors shall meet in their respective States, and vote by ballot for two persons-of one at least shall not be an in- habitant 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 Presi- dent of the Senate shall, in the 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 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;
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and if no person have a majority, then from the five highest on the list the said House shall, in like manner, choose 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 mem- ber 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 great- est 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-Presi- dent .* ]
The Congress may determine the time of choosing the elec- tors, 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 person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen years a resi- dent 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 Presi- dent and Vice President, declaring what officer shall then act as President; and such officer shall act accordingly until the disability 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 dimin- ished during the period for which he shall have been elected ; and he shall not receive within that period any other emolu- ment 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 abili- ity, preserve, protect, and defend the Constitution of the United States."
SEJ. 2. The President shall be Commander in Chief of the
* This clause has been repealed and annulled by the 12th amendment.
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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 offenses against the United States, except in cases of impeach- ment. +
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senate present concur ; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint Em- bassadors, 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; 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 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 necessary and expedient ; he may, on extraordinary occasions, convene both Houses, or either of them; and, in case of disagreement be- tween them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive Embassadors 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 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 in such inferior Courts as 2
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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 behavior, and shall, at. stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
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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 Embassadors, 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 for- eign States, citizens or subjects.
In all cases affecting Embassadors, 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.
SEC. 3. Treason against the United States shall consist only in levying war against them, or 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
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other State. And the Congress may by general laws pre- scribe the manner in which such acts, records, and proceed- ings 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 be 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 laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such ser- vice or labor, but shall be delivered up on 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 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 any particular State.
SEC. 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 can not be convened), against domestic violence.
ARTICLE V.
The Congress, whenever two-thirds of both Houses shall deem it necessary, shail propose amendments to the Consti- tution, 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 in- tents 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
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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 classes 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 Confeder- ation.
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 Constitu- tion 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 execu- tive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to sup- port this Constitution; but no religious test shall ever be re- quired 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 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,
Pres't and Deputy from Virginia.
New Hampshire.
JOHN LANGDON,
NICHOLAS GILMAN.
UNITED STATES.
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Massachusetts.
NATHANIEL GORHAM, RUFUS KING.
Connecticut. WM. SAML. JOHNSON,
ROGER SHERMAN.
New York. ALEXANDER HAMILTON.
New Jersey.
WIL. LIVINGSTON, WM. PATERSON,
DAVID BREARLEY, JONA. DAYTON.
Pennsylvania.
B. FRANKLIN,
ROBT. MORRIS, THO. FITZSIMONS, JAMES WILSON,
THOMAS MIFFLIN, GEO. CLYMER,
JARED INGERSOLL, GOUV. MORRIS.
Delaware.
GUNNING BEDFORD, JR.
RICHARD BASSETT.
Maryland.
DAN. OF ST. THOS. JENIFER
Virginia. JAMES MADISON, JR.
North Carolina.
WM. BLOUNT, RICH'D DOBBS SPAIGHT.
HU. WILLIAMSON,
South Carolina.
J. RUTLEDGE, CHARLES PINCKNEY,
CHARLES C. PINCKNEY.
PIERCE BUTLER.
Georgia.
WILLIAM FEW,
ABR. BALDWIN.
Attest :
WILLIAM JACKSON, Secretary.
:
GEO. READ, JOHN DICKINSON, JACO. BROOM,
JAMES M'HENRY, DANL. CARROLL,
JOHN BLAIR,
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CONSTITUTION OF THE
ARTICLES.
In addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth article of the original Consti- tution.
ARTICLE I.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press ; or the right of the peo- ple 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 seiz- ures, shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the per- sons 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 pub- lic 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
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UNITED STATES.
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 commit- ted, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusa- tion 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 unusual punishments inflicted.
ARTICLE IX.
The enumeration 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 Con- stitution, 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 con- strued 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.
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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 them- selves; they shall name in their ballot the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all per- sons voted for as President, and all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed 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 cer- tificates, 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 numbers, not exceeding three, on the list of those voted for as Presi- dent, the House of Representatives shall choose immediately by ballot the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one ; a quorum for this 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, 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 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 a majority of the whole number of electors appointed ; and if no person have a ma- joaity, then from the two highest numbers on the list, the Senate shall choose the Vice- President ; a quorum for the pur- pose shall consist of two-thirds of the whole number of Sen- ators, 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.
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UNITED STATES.
ARTICLE XIII.
"SECTION 1. Neither slavery nor involuntary servitude, ex- cept 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 Ar- ticle by appropriate legislation, approved February 1, 1863."
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The Constitution was adopted on the 17th of September 1787, by the convention appointed in pursuance of the Resolu- tion of the Congress of the Confederation, of the 21st Febru- ary, 1787, and ratified by the conventions of the several States, as follows :
By Convention of Delaware. 7th December, 1787
Pennsylvania.
12th December, 1787
New Jersey 18th December, 1787
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Georgia .. .2d January, 1788
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Connecticut 9th January, 1788
Massachusetts. 6th February, 1788
Maryland. 28th April, 1788
South Carolina .28th May, 1788
New Hampshire 21st June, 1788
Virginia. 26th June, 1788
New York. .26th July, 1788
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North Carolina. 21st November, 1789
Rhode Island 29th May, 1790
The first ten of the Amendments were proposed on the 25th of September, 1789, and ratified by the constitutional number of States on the 15th December, 1791; the eleventh, on the 8th of January, 1798; and the twelfth, on the 25th September, 1804; and the thirteenth, on the -, 186 -.
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CONSTITUTION
OF THE
STATE OF INDIANA. - :0 :-
PREAMBLE.
TO THE END, that justice be established, public order maintained, and liberty perpetuated; WE the People of the State of Indiana, grateful to ALMIGHTY GOD for the free exercise of the right to choose our own form of government, do ordain this Constitution.
ARTICLE I.
BILL OF RIGHTS.
SECTION 1. WE DECLARE, That all men are created equal ; that they are endowed by their Creator with certain unalien- able rights ; that among these are life, liberty, and the pursuit of happiness; that all power is inherent in the people; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety, and well being. For the advancement of these ends, the People have, at all times, an indefeasible right to alter and reform their government.
Sec. 2. All men shall be secured in their natural right to worship Almighty God, according to the dictates of their own consciences.
Sec. 3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience.
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Sec. 4. No preference shall be given, by law, to any creed, religious society, or mode of worship ; and no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent.
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STATE OF INDIANA.
Sec. 5. No religious test shall be required, as a qualification for any office of trust or profit.
Sec. 6. No money shall be drawn from the treasury, for the benefit of any religious or theological institution.
Sec. 7. No person shall be rendered incompetent as a wit- ness, in consequence of his opinions on matters of religion.
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Sec. 8. The mode of administering an oath or affirmation, shall be such as may be most consistent with, and binding upon, the conscience of the person to whom such oath or affirmation may be administered.
Sec. 9. No law shall be passed, restraining the free inter- change of thought and opinion, or restricting the right to speak, write, or print freely, on any subject whatever; but for the abuse of that right every person shall be responsible.
Sec. 10. In all prosecutions for libel, the truth of the mat- ters alleged to be libelous may be given in justification.
Sec. 11. The right of the people to be secure in their per- sons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.
Sec. 12. All courts shall be open; and every man, for injury done to him in his person, property or reputation, shall have remedy by due course of law. Justice shall be admin- istered freely, and without purchase; completely, and without denial ; speedily, and without delay.
Sec. 13. In all criminal prosecutions, the accused shall have the right to a public trial, by an impartial jury, in the county in which the offense shall have been committed; to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory pro- cess for obtaining witnesses in his favor.
Sec. 14. No person shall be put in jeopardy twice for the same offense. No person, in any criminal prosecution, shall be compelled to testify against himself.
Sec. 15. No person arrested, or confined in jail, shall be treated with unnecessary rigor.
Sec. 16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishment
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shall not be inflicted. All penalties shall be proportioned to the nature of the offense.
Sec. 17. Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.
Sec. 18. The penal code shall be founded on the principles of reformation, and not of vindictive justice.
Sec. 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.
Sec. 20. In all civil cases, the right of trial by jury shall remain inviolate.
Sec. 21. No man's particular services shall be demanded without just compensation. No man's property shall be taken by law, without just compensation ; nor, except in case of the State, without such compensation first assessed and tendered.
Sce. 22. The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, ex- empting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted ; and there shall be no imprisonment for debt, except in case of fraud.
Sec. 23. The General Assembly shall not grant to any citi- zen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.
Sec. 24. No ex-post-facto law, or law impairing the obliga- tion of contracts, shall ever be passed.
Sec. 25. No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as pro- vided in this Constitution.
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