USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 3
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
13
CONSTITUTION OF UNITED STATES.
ART. IV.
between citizens of different states; between citizens of the same See amend- state claiming lands under grants of different states; and between a ment XI. state or the citizens thereof, and foreign states, citizens or subjects.
2 In all cases affecting ambassadors, other public ministers and con- Jurisdiction suls, and those in which a state shall be a party, the supreme court of supreme shall have original jurisdiction. In all the other cases before men- court. tioned, 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.
3 The trial of all crimes, except in cases of impeachment, shall be Trial of by jury, and such trial shall be held in the state where the said crimes crimes. shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
SECTION III.
1 Treason against the United States shall consist only in levying war Treason. against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testi- mony of two witnesses to the same overt act, or on confession in open court.
2 The congress shall have power to declare the punishment of Congress to treason; but no attainder of treason shall work corruption of blood, declare its
punishment. or forfeiture, except during the life of the person attainted.
ARTICLE IV. . SECTION I.
1 Full faith and credit shall be given in each state to the public acts, Faith and records, and judicial proceedings of every other state. And the con- credit to be given the acts gress may by general law prescribe the manner in which such acts, of each state. records, and proceedings shall be proved, and the effect thereof.
SECTION II.
1 The citizens of each state shall be entitled to all privileges and Privileges of immunities of citizens in the several states. citizens.
2 A person charged in any state with treason, felony, or other crime, Criminals to who shall flee from justice; and be found in another state, shall, on b be delivered demand of the executive authority of the state from which he fled, be up. delivered up, to be removed to the state having jurisdiction of the crime.
. 3 No person held to service or labor in one state under the laws Of persons thereof, escaping into another, shall in consequence of any law or held to regulation therein, be discharged from such service or labor, but service. shall be delivered up on claim of the party to whom such service or labor may be due.
SECTION III.
1 New states may he admitted by the congress into this union but no Admission of new state shall be formed or erected within the jurisdiction of any new states. 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.
2 The congress shall have power to dispose of, and make all needful Power of rules and regulations respecting the territory or other property congress over
territory and belonging to the United States; and nothing in this constitution shall property of be so construed as to prejudice any claims of the United States or of the U. S. any particular state.
14
CONSTITUTION OF UNITED STATES.
ART. VII.
SECTION IV.
1 The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and, on application of the legislature or of the executive, when the legislature cannot be convened, against domestic violence.
ARTICLE V.
Mode of amending the constitution.
.
1 The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to the constitution; or, on 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 constitu- tion, 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: Pro- vided, That no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent. shall be deprived of its equal suffrage in the senate.
ARTICLE VI.
Assumption of 1 All debts contracted and engagements entered into, before the former debts. adoption of this constitution shall be as valid against the United States under this constitution as under the confederation.
Constitution to be the supreme law of the land, state judges bound there- by.
2 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 there- by; anything in the constitution or laws of any state to the contrary notwithstanding.
Certain officers 3 The senators and representatives before mentioned, and the mem- to take oath to bers of the several state legislatures, and all executive and judicial support this constitution, no religious test.
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.
How ratified. 1 The ratification of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so rati- fying 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.
Attest :
GEO. WASHINGTON, President and Deputy from Virginia. WILLIAM JACKSON, Secretary.
Republican form of government guaranteed to each state.
15
CONSTITUTION OF UNITED STATES.
ART. VII.
NEW HAMPSHIRE. JOHN LANGDON, NICHOLAS GILMAN,
MASSACHUSETTS. NATHANIEL GORMAN,
RUFUS KING.
CONNECTICUT.
WM. SAML. JOHNSON,
ROGER SHERMAN.
NEW YORK.
ALEXANDER HAMILTON.
NEW JERSEY.
WIL: LIVINGSTON,
DAVID BREARLEY, WM. PATTERSON, JONA : DAYTON.
PENNSYLVANIA.
B. FRANKLIN,
THOMAS MIFFLIN,
ROBT. MORRIS,
GEO. CLYMER,
THOS. FITZ SIMONS, JARED INGERSOLL, JAMES WILSON, GOUV MORRIS.
DELAWARE.
GEO : READ,
GUNNING BEDFORD JUN, JOHN DICKINSON, RICHARD BASSETT, JACO: BROOM.
MARYLAND.
JAMES MCHENRY."
DAN OF ST. THOS. JANIFER,
DANL. CARROLL.
VIRGINIA.
JOHN BLAIR, JAMES MADISON, JR.
NORTH CAROLINA.
WM. BLOUNT,
RICHD. DOBBS SPAIGHT,
HU WILLIAMSON.
SOUTH CAROLINA.
J. RUTLEDGE,
CHARLES COTESWORTH PINCKNEY, CHARLES PINCKNEY, PIERCE BUTLER.
GEORGIA.
WILLIAM FEW, ABR BALDWIN.
16
CONSTITUTION OF UNITED STATES.
ART. IV.
AMENDMENTS.
The following amendments from Articles I to X inclusive, were pro- posed at the first session of the first congress of the United States, which was begun and held at the city of New York, on the 4th of March, 1789, and were adopted by the requisite number of states, as follows: New Jersey, Nov. 20, 1789; Maryland, Dec. 19, 1789; North Carolina, Dec. 22, 1789; South Carolina, Jan. 19, 1790; New Hampshire, Jan. 25, 1790; Delaware, Jan. 28, 1790; Pennsylvania, March 10, 1790; New York, March 27, 1790; Rhode Island, June 15. 1790; Vermont, Nov. 3, 1791, and Virginia, Dec. 15, 1791.
Preamble and resolution.
Congress of the United States, begun and held at the city of New York, on Wednesday, the 4th of March, 1789. The conventions of a number of the states having, at the time of their adopting the consti- tution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the government, will best insure the beneficent ends of its institu- tion.
Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the constitution of the United States, all or any of which articles, when ratified by three-fourths of the said legislatures to be valid to all intents and purposes, as part of the said constitution, namely : -
ARTICLE I.
Restriction of the powers of congress.
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 people peaceably to assemble, and to petition the government for a redress of griev- ances.
ARTICLE II.
People may keep arms.
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.
Quartering of soldiers.
No soldier shall, in time of peace, be quartered in any house with- out the consent of the owner; nor in time of war, but in a manner to be prescribed by law.
ARTICLE IV.
Search warrants.
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 warrant shall issue but upon probable cause, sup- ported by oath or affirmation, and particularly describing the place to be searched. and the persons or things to be seized.
17
ART. XI. CONSTITUTION OF UNITED STATES.
ARTICLE V.
No person shall be held to answer for a capital or otherwise infa- Proceedings mous crime, unless on a presentment or indictment of a grand jury, against per- except in cases arising in the land or naval forces, or in the militia with crimes, sons charged when in actual service in time of war or public danger; nor shall any their rights. 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 wit- ness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for Private public use, without just compensation. property.
ARTICLE VI.
In all criminal prosecutions the accused shall enjoy the right to a Rights of the speedy and public trial, by an impartial jury of the state and district accused. wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnes- ses 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 Right of trial twenty dollars, the right of trial by jury shall be preserved, and no by jury. fact tried by jury shall be otherwise reexamined 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, Excessive nor cruel and unusual punishments inflicted. bail, etc.
ARTICLE IX.
The enumeration in the constitution of certain rights, shall not be Rights of the construed to deny or disparage others retained by the people. people not abridged.
ARTICLE X.
The powers not delegated to the United States by the constitution, Certain powers nor prohibited by it to the states, are reserved to the states respect- reserved. ively, or to the people.
ARTICLE XI. (c)
The judicial powers of the United States shall not be construed to Limitation extend to any suit in law or equity, commenced or prosecuted against of judicial one of the United States by citizens of another state, or by citizens or powers. subjects of any foreign state.
(c) Proposed at the first session of the third congress, on the 5th of March, 1794, and was declared in a message from the president to con- gress, dated the 8th of January, 1798, to have been ratified by the legis- latures of three-fourths of the states. 3
18
CONSTITUTION OF UNITED STATES.
ART. XIII
ARTICLE XII.(d)
Mode of electing presi- dent and vice president.
Who to be president.
Proceedings if no person have a majority.
1 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 in- habitant of the same state with themselves; they shall namne in their ballots 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 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 pres- ident 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 for presi- dent, 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 president, the house of repre- sentatives shall choose immediately, by ballot, the president. But in choosing the president, the vote shall be taken by states, the repre- sentation 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 case of the death or other constitutional disability of the presi- dent.
Vice president. 2 The person having the greatest number of votes as vice president shall be the vice president, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.
Qualification. 3 But no person constitutionally ineligible to the office of president shall be eligible to that of vice president of the United States.
ARTICLE XIII. (e)
Slavery prohibited.
1 Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall
(d) Proposed at the first session of the eighth congress, on the 12th of December, 1803, in lieu of the original third paragraph of the first section of the second article, and was declared in a proclamation of the secretary of state, dated the 25th of September, 1804, to have been ratified by the legislatures of three-fourths of the states.
(e) Proposed at the second session of the thirty-eighth congress on the 1st of February, 1865, and was declared in a proclamation of the secretary of state, dated the 18th of December, 1865, to have been ratified by the legislatures of twenty-seven of the thirty-six states, viz .: Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina and Georgia.
?
19
.
ART. XIV.
CONSTITUTION OF UNITED STATES.
exist within the United States, or any place subject to their jurisdiction.
2 Congress shall have power to enforce this article by appropriate Power of legislation. congress.
ARTICLE XIV. (f)
1 All persons born or naturalized in the United States, and subject Defining to the jurisdiction thereof, are citizens of the United States and of citizenship. the state wherein they reside. No state shall make or enforce any Certain priv- law which shall abridge the privileges or immunities of citizens of the ileges re- United States; nor shall any state deprive any person of life, liberty tained, etc. or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
2 Representatives shall be apportioned among the several states Apportion- according to their respective numbers. counting the whole number of ment of rep- persons in each state, excluding Indians not taxed. But when the resentatives. 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 crime, the basis of representation therein shall be reduced in Basis of repre- the proportion which the number of such male citizens shall bear sentation. to the whole number of male citizens twenty-one years of age in such state.
3 No person shall be a senator or representative in congress, or Who ineligible elector of president or vice president, or hold any office, civil or mili- to hold certain tary, under the United States, or under any state, who, having pre- offices. viously taken an oath as a member of congress, or as an officer of the United States, or as a member of any state legislature, or as 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 con- gress may, by a vote of two-thirds of each house, remove such disability.
4 The validity of the public dept of the United States, authorized by Validity of the law, including debts incurred for payments of pensions and bounties public debt.
(f) Proposed at the first session of the thirty-ninth congress. on the 16th of June, 1866. On the 21st of July, 1868, congress adopted a con- current resolution, declaring that "the legislatures of the states of Connecticut, Tennessee, New Jersey, Oregon, Vermont. New York, Ohio, Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indi- ana, Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Alabama. South Carolina, Louisi- ana, Rhode Island, Wisconsin, Pennsylvania and Michigan, being three-fourths and more of the several states of the union, have rati- fied the fourteenth article of amendment to the constitution of the United States, duly proposed by two-thirds of each house of the thirty- ninth congress : therefore,
"Resolved, That said fonrteenth article is hereby declared to be a part of the constitution of the United States, and it shall be duly pro- mulgated as such by the secretary of state." The secretary of state accordingly issued a proclamation dated the 28th day of July, 1868, declaring that the proposed fourteenth amendment had been ratified by the legislatures of thirty of the thirty-six states, including the above named with the addition of Georgia.
20
CONSTITUTION OF UNITED STATES.
ART. XV.
Certain debts invalid.
for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebel- lion against the United States, or any claim for the loss or emancipa- tion of any slave; but all such debts, obligations and claims shall be held illegal and void.
5 The congress shall have power to enforce, by appropriate legisla- tion, the provisions of this article.
ARTICLE XV. (g)
Right of suf- frage, etc. 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
2 Congress shall have power to enforce this article by appropriate legislation.
(g) Proposed at the first session of the fortieth congress, on the 27th of February, 1869, and was declared in a proclamation of the secretary of state, dated March 30, 1870, to have been ratified by the legislatures. of twenty-nine of the thirty-seven states.
₹
CONSTITUTION OF THE STATE OF MICHIGAN.
TABLE OF CONTENTS.
ARTICLE I .- Boundaries. ARTICLE II .- Seat of government. ARTICLE III .- Division of the powers of government. ARTICLE IV .- Legislative department. ARTICLE V .- Executive department.
· ARTICLE VI .- Judicial department. ARTICLE VII .- Elections. ARTICLE VIII .- State officers. ARTICLE IX .- Salaries. ARTICLE X .- Counties.
ARTICLE XI .- Townships.
ARTICLE XII .- Impeachments and re- movals-from office.
ARTICLE XIII .- Education.
ARTICLE XIV .- Finance and taxation.
ARTICLE XV .- Corporations. ARTICLE XVI .- Exemptions. ARTICLE XVII .- Militia.
ARTICLE XVIII. - Miscellaneous pro- visions. ARTICLE XIX .- Upper Peninsula. ARTICLE XIX-A .- Railroads.
ARTICLE XX .- Amendment and revi- sion of constitution.
SCHEDULE.
[Annotated to July 14, 1900.]
THE PEOPLE OF THE STATE OF MICHIGAN DO ORDAIN THIS CONSTITUTION.
ARTICLE I.
BOUNDARIES.
The State of Michigan consists of and has jurisdiction over the ter- Territorial ritory embraced within the following boundaries, to-wit: Commene- jurisdiction. ing at a point on the eastern boundary line of the state of Indiana, where a direct line drawn from the southern extremity of Lake Mich- igan to the most northerly cape of the Maumee bay shall intersect the
For opinions bearing upon the subject and construction of the con- stitution see Green v. Graves, 1 Doug. 354; Williams v. The Mayor, 2 Mich. 560; Root v. The Mayor, 3 Mich. 433; People v. May, 3 Mich. 593; Brown v. Fifield, 4 Mich. 322; Sears v. Cottrell, 5 Mich. 251; Streeter v. Paton, 7 Mich. 341; People v. Blodgett, 13 Mich. 127; Van Husan v. Kanouse, 13 Mich. 308; Bay City v. State Treasurer, 23 Mich. 499; Ken- nedy v. Gies, 25 Mich. 83; Whipple v. Judge, 26 Mich. 342; Attorney General v. Detroit, 29 Mich. 112; Peck v. Miller. 29 Mich. 574; Attor- ney General v. Preston, 56 Mich. 180; Mathias v. Cramer, 73 Mich. 5: People v. Lyng, 74 Mich. 579; Grand Rapids Chair Co. v. Runnels, 77 Mich. 104; Tice v. Bay City, 78 Mich. 209; Attorney General v. Detroit, 78 Mich. 545; Rhode v. Phelps, 80 Mich. 598; Smith v. Saginaw, 81 Mich. 123.
22
CONSTITUTION OF MICHIGAN.
ART. III.
same-said point being the northwest corner of the state of Ohio, as established by an act of congress, entitled "An act to establish the northern boundary line of the state of Ohio, and to provide for the admission of the state of Michigan into the union upon the conditions therein expressed," approved June fifteenth, one thousand eight hun- dred and thirty-six, thence with the said boundary line of the state of Ohio, till it intersects the boundary line between the United States and Canada in Lake Erie, thence with said boundary line between the United States and Canada through the Detroit river, Lake Huron and Lake Superior to a point where the said line last touches Lake Supe- rior; thence in a direct line through Lake Superior to the mouth of the Montreal river; thence through the middle of the main channel of the said river Montreal to the head waters thereof; thence in a direct line to the center of the channel between Middle and South islands in the Lake of the Desert; thence in a direct line to the southern shore of Lake Brule; thence along said southern shore and down the river Brule to the main channel of the Menomi- nee river; thence down the center of the main channel of the same to the center of the most usual ship channel of the Green Bay of Lake Michigan; thence through the center of the most usual ship channel of the said bay to the middle of Lake Michigan; thence through the middle of Lake Michigan to the northern boundary of the State of In- diana, as that line was established by the act of congress of the nine- teenth of April, eighteen hundred and sixteen; thence due east with the north boundary line of the said state of Indiana to the northeast corner thereof; and thence south with the eastern boundary line of Indiana to the place of beginning.
People v. Tyler, 7 Mich. 161.
ARTICLE II.
SEAT OF GOVERNMENT.
Seat of gov- ernment.
The seat of government shall be at Lansing, where it is now estab- lished.
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.