USA > Michigan > Michigan official directory and legislative manual for the years 1903-1904 > Part 3
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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.
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MICHIGAN MANUAL
AMENDMENTS.
The following amendments from Articles I to X inclusive, were proposed 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; Pennsyl- vania, March 10, 1790; New York, March 27, 1790; Rhode Island, June 15, 1790; Vermont, Nov. 3, 1791, and Virginia, Dec. 15, 1791.
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 constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that fur- ther declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the government, will best insure the bene- ficent ends of its institution.
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.
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 warrant shall issue but upon probable cause, supported by oath or affirm-
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CONSTITUTION OF THE UNITED STATES
ation, and particularly describing 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, 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 committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accu- sation; 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 jury shall be otherwise reexamined in any court of the United States than accord- ing 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 constitution, nor prohibited by it to the states, are reserved to the states respectively, or. to the people.
ARTICLE XI.
The judicial powers of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the
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United States by citizens of another state, or by citizens or subjects of any foreign state.
ARTICLE XII.
1 Electors shall meet in their respective states, and vote by ballot for pres- ident 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 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 pres- ident, 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 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 representatives shall choose immediately, by ballot, 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. And if the house of representatives shall not chose 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 case of the death or other constitutional disability of the 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 ยท senators, and a majority of the whole number shall be necessary to a choice.
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.
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.
2 Congress shall have power to enforce this article by appropriate legis- lation.
ARTICLE XIV.
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 reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor
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CONSTITUTION OF THE UNITED STATES
shall any state deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal pro- tection of the laws.
2 Representatives shall be apportioned 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 elec- tion 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 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.
3 No person shall be a senator or representative in congress, or elector of president or 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 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 insur- rection 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.
4 The validity of the public debt of the United States, authorized by law, including debts incurred for payments of pensions and bounties 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 rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obliga- tions and claims shall be held illegal and void.
5 The congress shall have power to enforce, by appropriate legislation, the provisions of this article.
ARTICLE XV.
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 legis- lation.
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MICHIGAN MANUAL
HISTORY OF THE AMENDMENTS.
Twelve amendments were proposed by congress, September 25, 1789, the last ten of which were adopted, and they are the first ten as given above. They were proclaimed in force December 15, 1791.
The rejected articles were as follows:
I. After the first enumeration required by the first article of the constitu- tion, there shall be one representative for every 30,000 persons, until the number shall amount to one hundred; after which the proportion shall be so regulated by congress that there shall not be less than one hundred repre- sentatives nor more than one for every 40,000 persons, until the number shall amount to two hundred; after which the proportion shall be so regulated by congress that there shall not be less than two hundred representatives, nor more than one representative for every 50,000 persons.
II. No law varying the compensation for the services of the senators and representatives shall take effect until an election of representatives shall have intervened.
The twelve proposed amendments were acted upon as follows: All ratified by Kentucky, Maryland, New Jersey, North Carolina, South Carolina, Ver- mont and Virginia-7.
All excepting article I. ratified by Delaware-1.
All excepting article II. ratified by Pennsylvania-1.
All excepting articles I. and II. ratified by New Hampshire, New York, Rhode Island-3.
All rejected by Connecticut, Georgia and Massachusetts-3.
Article XI. was proposed by congress March 12, 1794, and declared in force January 8, 1798.
Article XII. was proposed in the first session of the eighth congress and declared in force September 25, 1804.
Article XIII. was proposed by congress February 1, 1865, and declared in force December 18, 1865.
It was ratified by Alabama, Arkansas, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia and Wiscon- sin-34.
Ratified conditionally by Alabama and Mississippi. Rejected by Delaware and Kentucky-2.
Article XIV. was proposed by congress June 13, 1866, and declared in force July 28, 1868.
It was ratified by Alabama, Arkansas, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hamp- shire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia and Wisconsin-33.
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CONSTITUTION OF THE UNITED STATES
Of the above, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Texas and Virginia first rejected the amendment but finally ratified it. New Jersey and Ohio rescinded their ratification.
No final action was taken by California-1.
Rejected by Delaware, Kentucky and Maryland-3.
Article XV. was proposed by congress February 26, 1869, and declared in force March 30, 1870.
It was ratified by Alabama, Arkansas, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, . Texas, Vermont, Virginia, West Virginia and Wisconsin-30.
Of the above, Georgia and Ohio first rejected but finally ratified. New York rescinded her ratification. The amendment was rejected by California, Delaware, Kentucky, Maryland, New Jersey and Oregon-6.
No final action was taken by Tennessee-1.
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MICHIGAN MANUAL
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.
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 territory embraced within the following boundaries, to-wit: Commencing at a point on the eastern boundary line of the state of Indiana, where a direct line drawn from the southern extremity of Lake Michigan to the most northerly cape of the Maumee bay shall intersect the same-said point being the north- west corner of the state of Ohio, as established by an act of congress, enti- tled "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 hundred 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 Superior; 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
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CONSTITUTION OF THE STATE OF MICHIGAN
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 Menominee 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 Indiana, as that line was established by the act of congress of the nineteenth of April, eighteen hundred and six- teen; 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.
ARTICLE II.
SEAT OF GOVERNMENT ..
The seat of government shall be at Lansing, where it is now established.
ARTICLE III.
DIVISION OF THE POWERS OF GOVERNMENT.
SECTION 1. The powers of government are divided into three departments : The legislative, executive and judicial.
SEC. 2. No person belonging to one department shall exercise the powers properly belonging to another, except in the cases expressly provided in this constitution.
ARTICLE IV.
LEGISLATIVE DEPARTMENT.
SECTION 1. The legislative power is vested in a senate and house of repre- sentatives.
SEC. 2. The senate shall consist of thirty-two members. Senators shall be elected for two years and by single districts. Such districts shall be num- bered from one to thirty-two inclusive, each of which shall choose one sen- ator. No county shall be divided in the formation of senate districts, except such county shall be equitably entitled to two or more senators.
(a) SEC. 3. The house of representatives shall consist of not less than sixty- four nor more than one hundred members. Representatives shall be chosen for two years and by single districts. Each representative district shall con- tain, as nearly as may be, an equal number of inhabitants, exclusive of per- sons of Indian descent who are not civilized or are members of any tribe, and shall consist of convenient and contiguous territory. But no township or city shall be divided in the formation of a representative district. When any township or city shall contain a population which entitles it to more than one representative, then such township or city shall elect by general ticket
(a) As amended by joint resolution No. 42, laws of 1869, vol. 1, p. 425; rati- fied election of 1870.
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the number of representatives to which it is entitled. Each county hereafter Organized, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a population equal to a moiety of the ratio of representation. In every county entitled to more than one representative the board of supervisors shall assemble at such time and place as the legislature shall prescribe and divide the same into repre- sentative districts, equal to the number of representatives to which such county is entitled by law, and shall cause to be filed in the offices of the secretary of state and clerk of such county, a description of such represen- tative districts, specifying the number of each district and population thereof, according to the last preceding enumeration.
(a) SEC. 4. The legislature shall provide by law for an enumeration of the inhabitants in the year eighteen hundred and fifty-four and every ten years thereafter; and at the first session after each enumeration so made, and also at the first session after each enumeration by the authority of the United States, the legislature shall rearrange the senate districts and apportion anew the representatives among the counties and districts, according to the num- ber of inhabitants, exclusive of persons of Indian descent who are not civil- ized or are members of any tribe. Each apportionment and the division into representative districts by any board of supervisors shall remain unaltered until the return of another enumeration.
SEC. 5. Senators and representatives shall be citizens of the United States and qualified electors in the respective counties and districts which they represent. A removal from their respective counties or districts shall be deemed a vacation of their office.
SEC. 6. No person holding any office under the United States or any county office, except notaries public, officers of the militia and officers elected by townships, shall be eligible to or have a seat in either house of the legisla- ture, and all votes given for any such person shall be void.
SEC. 7. Senators and representatives shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest. They shall not be subject to any civil process during the session of the legislature, or for fifteen days next before the commencement and after the termination of each ses- sion. They shall not be questioned in any other place for any speech in either house.
SEC. 8. A majority of each house shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and compel the attend- ance of absent members in such manner and under such penalties as each house may prescribe.
SEC. 9. Each house shall choose its own officers, determine the rules of its proceedings and judge of the qualifications, elections and returns of its members, and may, with the concurrence of two-thirds of all the members elected, expel a member. No member shall be expelled a second time for the same cause, nor for any cause known to his constituents antecedent to his election; the reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question.
SEC. 10. Each house shall keep a journal of its proceedings and publish the same, except such parts as may require secrecy. The yeas and nays of the members of either house, on any question, shall be entered on the journal at
(a) As amended by joint resolution No. 42, laws of 1869, vol. 1, p. 425; rati- fied election of 1870.
.
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CONSTITUTION OF THE STATE OF MICHIGAN
the request of one-fifth of the members elected. Any member of either house may dissent from and protest against any act, proceeding or resolution which he may deem injurious to any person or the public, and have the reason of his dissent entered on the journal.
SEC. 11. In all elections by either house or in joint convention the votes shall be given viva voce. All votes on nominations to the senate shall be taken by yeas and nays, and published with the journal of its proceedings.
SEC. 12. The doors of each house shall be open unless the public welfare requires secrecy. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than where the legislature may then be in session.
SEC. 13. Bills may originate in either house of the legislature.'
SEC. 14. Every bill and concurrent resolution, except of adjournment, passed by the legislature, shall be presented to the governor before it becomes a law. If he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, which shall enter the objections at large upon their journal, and reconsider it. On such reconsid- eration if two-thirds of the members elected agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall be recon- sidered. If approved by two-thirds of the members elected to that house, it shall become a law. In such case the vote of both houses shall be deter- mined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journals of each house respectively. If any bill be not returned by the governor within ten days, Sundays excepted, after it has been presented to him, the same shall become a law, in like manner as if he had signed it, unless the legislature, by their adjournment, prevent its return, in which case it shall not become a law. The governor may approve, sign and file in the office of the secretary of state, within five days after the adjournment of the legislature, any act passed during the last five days of the session, and the same shall become a law.
(a) SEC. 15. The compensation of the members of the legislature shall be three dollars per day for actual attendance and when absent on account of sickness, but the legislature may allow extra compensation to the members from the territory of the upper peninsula, not exceeding two dollars per day during a session. When convened in extra session their compensation shall be three dollars a day for the first twenty days and nothing thereafter; and they shall legislate on no other subjects than those expressly stated in the governor's proclamation, or submitted to them by special message. They shall be entitled to ten cents and no more for every mile actually traveled, in going to and returning from the place of meeting, on the usually traveled route, and for stationery and newspapers not exceeding five dollars for each member during any session. Each member shall be entitled to one copy of the laws, journals and documents of the legislature of which he was a mem- ber, but shall not receive, at the expense of the state, books, newspapers or other perquisites of office not expressly authorized by this constitution.
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