Official directory and legislative manual of the State of Michigan for the years 1893-4, Part 2

Author: Michigan. Dept. of State
Publication date: 1893
Publisher: Lansing, Michigan : Secretary of State
Number of Pages: 958


USA > Michigan > Official directory and legislative manual of the State of Michigan for the years 1893-4 > Part 2


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SECTION IV.


Election of members.


1 The times, places, and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legis- lature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators.


Meetings of Congress.


2 The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.


SECTION V.


Each House to judge of quorum. 1 Each house shall be the judge of the elections, returns, and its members; qualifications of its own members, and a majority of each shall con- stitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide.


To deter- mine its own rules.


2 Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.


To keep and publish jour- nal of pro- ceedings.


3 Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the


13


THE UNITED STATES.


ART. I.


members of either house, on any question, shall, at the desire of one-fifth of those present be entered on the journal.


4 Neither house, during the session of Congress, shall, without Adjourn- the consent of the other, adjourn for more than three days, nor ment. to any other place than that in which the two houses shall be sitting


SECTION VI.


1 The Senators and Representatives shall receive a compensation Compensa- for their services, to be ascertained by law, and paid out of the bers. treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from Privileges. arrest, during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.


2 No Senator or Representative shall, during the time for which Their disa- he was elected, be appointed to any civil office under the author- offices. ity of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office.


SECTION VII.


1 All bills for raising revenue shall originate in the House of Revenue Representatives; but the Senate may propose or concur with bills. amendments as on other bills.


2 Every bill which shall have passed the House of Representa- Bills to be tives and the Senate, shall, before it become a law, be presented President. presented to to the President of the United States. If he approve, he shall Approval or sign it; but if not, he shall return it with his objections, to that disapproval. house in which it shall have originated, who shall enter the Procedure in objections at large on their journal, and proceed to reconsider it. approval. case of dis- If after such reconsideration, two-thirds of that house shall agree to pass the bill it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house it shall become a law. But in all such cases, the votes of both houses shall be deter- mined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the


tion of mem-


bility to hold


14


CONSTITUTION OF


ART. I.


President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.


Joint resolu- tions, etc., subject to ar proval, etc.


3 Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him shall be re-passed by two-thirds of the Senate and the House of Representatives, according to the rules and limitations prescribed in the case of a bill.


Power of Congress to lay taxes, duties, etc.


SECTION VIII.


The Congress shall have power:


1 To lay and collect taxes, duties, imposts and excises; to pay the debts and provide for the common defense and general wel- fare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;


Loans.


2 To borrow money on the credit of the United States;


Commerce.


3 To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;


Naturaliza- tion; bank- ruptcy laws.


+ To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States;


Of money, weights and measures.


" To coin money, regulate the value thereof, and of foreign coin and fix the standard of weights and measures;


Counterfeit- ing.


6 To provide for the punishment of counterfeiting the securities and current coin of the United States;


Postoffices.


7 To establish postoffices and post-roads;


Science and inventions.


8 To promote the progress of science and useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries;


Tribunals; piracies; felonies.


9 To constitute tribunals inferior to the Supreme Court; to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;


War.


10 To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;


Army


11 To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years;


Navy. 12 To provide and maintain a navy;


15


THE UNITED STATES.


ART. I.


13 To make rules for the government and regulation of the land Land and and naval forces;


naval forces.


"To provide for calling forth the militia to execute the laws of Militia. the Union, suppress insurrections and repel invasions;


Organizing the militia.


15 To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;


16 To exercise exclusive legislation in all cases whatsoever over Exercise ex- such district, not exceeding ten miles square, as may, by cession, lation in cer- clusive legis- of particular States, and the acceptance of Congress, become the tain districts. Seat of Government of the United States, and to exercise like authority over all places purchased, by the consent of the Legis- lature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful build- ings, and,


17 To make all laws which shall be necessary and proper for To make nec- carrying into execution the foregoing powers, and all other powers essary laws. vested by this constitution in the government of the United States, or in any department or officer thereof.


SECTION IX.


1 The migration or importation of such persons as any of the Importation States now existing shall think proper to admit, shall not be pro- persons. of certain hibited by the Congress prior to the year one thousand eight hun- dred and eight, but a tax or duty may be imposed on such impor- tation, not exceeding ten dollars for each person.


2 The privilege of the writ of habeas corpus shall not be sus- Writ of pended, unless when, in cases of rebellion or invasion, the public pus. safety may require it.


3 No bill of attainder, or ex post facto law, shall be passed. Attainder.


habeas eor-


+ No capitation or other direct tax shall be laid, unless in pro- Direct tax. portion to the census or enumeration hereinbefore directed to be taken.


5 No tax or duty shall be laid on articles exported from any Export duty. State. No preference shall be given by any regulation; of com- merce. and com- merce or revenue, to the ports of one State over those of another; nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another.


16


CONSTITUTION OF


ART. II.


Of expendi- tures.


6 No money shall be drawn from the treasury, but in conse- quence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.


No title of nobility to be 7 No title of nobility shall be granted by the United States, and granted, etc. no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolu- ment, office, or title, of any kind whatever, from any king, prince, or foreign State.


SECTION X.


Powers pro- hibited to the Individual States.


1 No State shall enter into any treaty, alliance, or confedera- tion; grant letters of marque and reprisal; coin money, emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law or law impairing the obligation of contracts; or grant any title of nobility.


Powers which the States can exercise un- 2 No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely der the sanc- necessary for executing its inspection laws; and the net produce tion of Con- gress. of all duties and imposts, laid by any State, on imports or exports shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.


ARTICLE II. SECTION I.


Executive power.


1 The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected as follows:


2 Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole num- ber of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.


Electors of President and Vice President.


17


THE UNITED STATES.


ART. II.


3 (This paragraph is annulled by Article XII of the Amendments.)


+The Congress may determine the time of choosing the elect- Time of ors, and the day on which they shall give their votes; which day electors. shall be the same throughout the United States.


choosing


5 No person except a natural-born citizen, or a citizen of the Qualifica- United States at the time of the adoption of this Constitution, President. tions for shall be eligible to the office of President; neither shall any per- son be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.


6 In case of the removal of the President from office or of the In case of va- death, resignation, or inability to discharge the powers and duties President to cancy, Vice of the said office, the same shall devolve on the Vice President, act. and the Congress may by law provide for the case of removal, death, resignation, or inablility, both of the President and Vice President, declaring what officer shall 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 Compensa- compensation, which shall neither be increased nor diminished dur- President. tion of the ing the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.


8 Before he enter on the execution of his office, he shall take Oath of the the following oath or affirmation: President.


"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 ability, preserve, protect, and defend the Constitution of the United States."


SECTION II.


1 The President shall be commander-in-chief of the army and Powers of the navy of the United States, and of the militia of the several States, President. when called into 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 impeachment.


3


18


CONSTITUTION OF


ART. III.


His power to make treat- ies, to ap- point ambas- sadors, con- suls, and other offi- cers.


2 He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be estab- lished by law. But the Congress may, by law, vest the appoint- ment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the heads of departments.


Minor ap- pointments.


Power to fill vacancies.


3 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.


SECTION III ..


Duties of President.


1 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 between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed; and shall commission all the officers of the United States.


SECTION IV.


Officers lia- ble to im- peachment.


1 The President, Vice President, and all civil officers of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.


ARTICLE III.


SECTION I.


1 The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as 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 contin- uance in office.


Judicial power.


19


THE UNITED STATES.


ART. IV.


SECTION II.


1 The judicial power shall extend to all cases in law and equity, Extent of ju- arising under this Constitution, the laws of the United States dicial power. and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to con- troversies between two or more States; between a State and citi- See amend- zens of another State; between citizens of different States; between ment XI. citizens of the same State claiming lands under grants of different States; and between a State or the citizens thereof, and foreign States, citizens, or subjects.


2 In all cases affecting ambassadors, other public ministers and Jurisdictoon consuls, and those in which a State shall be party, the Supreme Court. of Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate juris- diction, 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 Trial of be by jury, and such trial shall be held in the State where the crimes. 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.


SECTION III.


.


1 Treason against the United States shall consist only in levying Treason. war against them, or in 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.


2 The Congress shall have power to declare the punishment of Congress to declare its treason; but no attainder of treason shall work corruption of punishment. blood, 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 pub- Faith and credit to be lic acts, records, and judicial proceedings of every other State. given the And the Congress may, by general laws, prescribe the manner in State.


acts of each


20


CONSTITUTION OF


ART. V.


which such acts, records and proceedings shall be proved, and the effect thereof.


SECTION II.


Privileges of 1 The citizens of each State shall be entitled to all privileges citizens. and immunities of citizens in the several States.


Criminals to be delivered up.


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.


Of persons held to ser-' vice,


3 No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law for 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.


Admission of new States.


1 New States may be admitted by the Congress into this union; but no new State shall be formed or erected within the jurisdic- tion 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.


Power of Congress over terri- tory and property of the U. S. .


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 Con- stitution shall be so construed as to prejudice any claims of the United States or of any particular State.


SECTION IV.


Republican 1 The United States shall guarantee to every State in this form of gov- ernment guaranteed to each State. 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 Consti-


1 The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to the Constitution; or tution.


21


THE UNITED STATES.


ART. VII.


on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three- fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be pro- posed 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 Assumption the adoption of this Constitution, shall be as valid against the debts.


of former United States under this Constitution, as under the Confederation.


2 This Constitution, and the laws of the United States, which Constitution 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 Constitution or laws of any State to the contrary notwithstanding.


3 The Senators and Representatives before mentioned, and the Certain offl- members of the several State Legislatures, and all executive and oath to sup-


cers to take judicial officers, both of the United States and of the several port this Con- States, shall be bound by oath or affirmation to support this Con- religious stitution; no stitution; but no religious test shall ever be required as a qualifi- test. cation to any office or public trust under the United States.


ARTICLE VII.


1 The ratification of the conventions of nine States shall be suf- How ratified. ficient for the establishment of this Constitution between the States so ratifying the same.


Done in convention by the unanimous consent of the States pres- ent the Seventeenth day of September in the year of our Lord one thousand seven hundred and eighty-seven, and of the inde- pendence of the United States of America the twelfth.


to be the su- preme law of the land; the State judges bound there- by.


22


CONSTITUTION OF


IN WITNESS whereof we have hereunto subscribed our names.


GEO. WASHINGTON-


New Hampshire.


President and deputy from Virginia. Connecticut. WM. SAML. JOHNSON,


JOHN LANGDON,


NICHOLAS GILMAN,


ROGER SHERMAN,


Massachusetts.


New York.


NATHANIEL GORMAN,


ALEXANDER HAMILTON.


RUFUS KING.


New Jersey.


Maryland.


WIL: LIVINGSTON,


JAMES M'HENRY,


DAVID BREARLY,


DAN: OF ST. THOS. JENIFER,


WM. PATTERSON,


DANL. CARROLL. Virginia.


Pennsylvania.


JOHN BLAIR,


B. FRANKLIN,


THOMAS' MIFFLIN,


ROBT. MORRIS,


WM. BLOUNT,


GEO: CLYMER,


RICH'D DOBBS SPAIGHT,


THO: FITZSIMMONS,


JARED INGERSOLL,


JAMES WILSON,


GOUV: MORRIS,


CHARLES COTESWORTH PINCKNEY,


Delaware.


CHARLES PINCKNEY,


GEO: READ,


GUNNING BEDFORD, JUN'R,


JOHN DICKINSON,


RICHARD BASSETT,


ABR. BALDWIN,


JACO: BROOM.


. PIERCE BUTLER. Georgia.


WILLIAM FEW,


Attest:


WILLIAM JACKSON, Secretary.


HU. WILLIAMSON. South Carolina.


J. RUTLEDGE,


JAMES MADISON, JR. North Carolina.


JONA: DAYTON.


23


THE UNITED STATES.


AM. ART. III.


AMENDMENTS.


The following amendments from Articles 1 to 10 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 Hamp- shire, 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.


and resolu-


Congress of the United States, begun and held at the city of Preamble New York, on Wednesday, the 4th of March, 1789. The conven- tion. tions of a number of the States having, at the time of their adopt- ing the Constitution, expressed a desire, in order to prevent mis -. construction 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 Consti- tution 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:




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