USA > Michigan > Michigan official directory and legislative manual for the years 1905-1906 > 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 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86
2 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 jurisdiction of the crime.
3 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 claim of the party to whom such service or labor may be due.
SECTION III.
1 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 con- sent 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 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 of any particular state.
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.
1 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 con- stitution, 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 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.
1 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 confederation.
2 This constitution, and the laws of the United States which shall be made in pur- suance 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 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.
14
MICHIGAN MANUAL.
ARTICLE VII.
1 The ratification of the conventions of nine states, shall be sufficient for the estab- lishment 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,
President and Deputy from Virginia. WILLIAM JACKSON,
Attest :
Secretary
NEW HAMPSHIRE.
JOHN LANGDON, NICHOLAS GILMAN.
MASSACHUSETTS.
NATHANIEL GORHAM,
RUFUS KING.
CONNECTICUT.
WM. SAML. JOHNSON,
ROGER SHERMAN.
NEW YORK. ALEXANDER HAMILTON.
NEW JERSEY.
WIL. LIVINGSTON,
DAVID BREARLEY, WM. PATERSON, 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. JENIFER,
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.
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; Pennsylvania, 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 Wednes- day, 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
.15
CONSTITUTION OF THE UNITED STATES.
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 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 consti- tution, namely :
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 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 particu - larly 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 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.
16 .
MICHIGAN MANUAL.
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 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.
1 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 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 lists 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 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 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 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. 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 I.
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.
17
CONSTITUTION OF THE UNITED STATES.
SECTION II.
2 Congress shall have power to enforce this article by appropriate legislation.
ARTICLE XIV. SECTION I.
1 All persons born or naturalized in the United States, and subject to the jurisdic- tion 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 immuni- ties 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 to any person within its jurisdiction the equal protection of the laws.
SECTION II.
1 Representatives shall be apportioned among the several states according to their respective numbers, counting the whole numbes 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 legis- lature 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.
SECTION III.
1 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 congress, 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.
SECTION IV.
1 The validity of the public debt of the United States, authorized by law, including 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 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, obligations and claims shall be held illegal and void.
SECTION V.
1 The congress shall have power to enforce, by appropriate legislation, the pro- visions of this article.
ARTICLE XV. SECTION I.
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.
SECTION II.
1 The congress shall have power to enforce this article by appropriate legislation. 3
18
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 pro- claimed in force December 15, 1791.
The rejected articles were as follows:
I. After the first enumeration required by the first article of the constitution, 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 representatives nor more than one for every 40,000 persons, until the number shall amount to two hundred; after which the pro- portion shall be so regulated by congress that there shall not be less than two hun- dred representatives, nor more than one representative for every 50,000 persons.
II. No law varying the compensation for the services of the senators and repre- sentatives 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, Vermont 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 Jan- uary 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, Min- nesota, 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 Wisconsin-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 Hampshire, New Jersey, New York, North Carolina, Olio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia and Wisconsin-33.
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, Missis- sippi, 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 lier ratification. The amendment was rejected by California, Delaware Kentucky, Maryland, New Jersey and Oregon-6.
No final action was taken by Tennessee-1.
19
CONSTITUTION OF THE STATE OF MICHIGAN.
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 sions.
provis-
ARTICLE XIX .- Upper Peninsula.
ARTICLE XIX-A .- Railroads.
ARTICLE XX .- Amendment and revision 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 northwest corner of the state of Ohio, as established by 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 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 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 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 bound- ary line of Indiana to the place of beginning.
20
MICHIGAN MANUAL.
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 represent- atives. .
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 numbered from one to thirty-two inclusive, each of which shall choose one senator. 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 contain, as nearly as may be, an equal number of inhabitants, exclusive of persons of Indian descent who are not civilized or are members of any tribe, and shall consist of convenient and contig- uous territory. But no township or city shall be divided in the formation of a rep- resentative 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 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 representa- tive the board of supervisors shall assemble at such time and place as the legislature shall prescribe and divide the same into representative 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 representative 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 inhabi- tants 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 number of inhabitants, exclusive of persons of Indian descent who are not civilized or are members of any tribe. Each appor- tionment 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.
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.