USA > Ohio > Miami County > The History of Miami County, Ohio > Part 7
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On the 21st of September, 1832, Gen. Scott and Gov. Reynolds con- cluded a treaty with the Winnebagoes, Sacs and Foxes by which they ceded to the United States a vast tract of country, and agreed to remain peaceable with the whites. For the faithful performance of the provi- sions of this treaty on the part of the Indians, it was stipulated that Black Hawk, his two sons, the prophet Wabokieshiek, and six other chiefs of the hostile bands should be retained as hostages during the pleasure of the President. They were confined at Fort Barracks and put in irons.
The next Spring, by order of the Secretary of War, they were taken to Washington. From there they were removed to Fortress Monroe, "there to remain until the conduct of their nation was such as to justify their being set at liberty." They were retained here until the 4th of June, when the authorities directed them to be taken to the principal cities so that they might see the folly of contending against the white people. Everywhere they were observed by thousands, the name of the old chief being extensively known. By the middle of August they reached Fort Armstrong on Rock Island, where Black Hawk was soon after released to go to his countrymen. As he passed the site of his birth- place, now the home of the white man, he was deeply moved. His village where he was born, where he had so happily lived, and where he had hoped to die, was now another's dwelling place, and he was a wanderer.
On the next day after his release, he went at once to his tribe and is lodge. His wife was yet living, and with her he passed the remainder f his days. To his credit it may be said that Black Hawk always re- hained true to his wife, and served her with a devotion uncommon among he Indians, living with her upward of forty years.
Black Hawk now passed his time hunting and fishing. A deep mel- icholy had settled over him from which he could not be freed. At all mes when he visited the whites he was received with marked atten- on. He was an honored guest at the old settlers' reunion in Lee County, inois, at some of their meetings, and received many tokens of esteem. September, 1838, while on his way to Rock Island to receive his nuity from the Government, he contracted a severe cold which resulted a fatal attack of bilious fever which terminated his life on October 3. s faithful wife, who was devotedly attached' to him, mourned deeply ing his sickness. After his death he was dressed in the uniform pre- ted to him by the President while in Washington. He was buried in rave six feet in depth, situated upon a beautiful eminence. "The
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THE NORTHWEST TERRITORY.
body was placed in the middle of the grave, in a sitting posture, upon a seat constructed for the purpose. On his left side, the cane, given him by Henry Clay, was placed upright, with his right hand resting upon it. Many of the old warrior's trophies were placed in the grave, and some Indian garments, together with his favorite weapons."
No sooner was the Black Hawk war concluded than settlers began rapidly to pour into the northern parts of Illinois, and into Wisconsin, now free from Indian depredations. Chicago, from a trading post, had grown to a commercial center, and was rapidly coming into prominence. In 1835, the formation of a State Government in Michigan was discussed, but did not take active form until two years later, when the State became a part of the Federal Union.
The main attraction to that portion of the Northwest lying west of Lake Michigan, now included in the State of Wisconsin, was its alluvial wealth. Copper ore was found about Lake Superior. For some time this region was attached to Michigan for judiciary purposes, but in 1836 was made a territory, then including Minnesota and Iowa. The latter State was detached two years later. In 1848, Wisconsin was admitted as & State, Madison being made the capital. We have now traced the various divisions of the Northwest Territory (save a little in Minnesota) from the time it was a unit comprising this vast territory, until circumstances compelled its present division.
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CONSTITUTION OF THE UNITED STATES
CONSTITUTION OF THE UNITED STATES OF AMERICA AND ITS AMENDMENTS.
We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
ARTICLE I.
SECTION 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
SEC. 2. The House of Representatives shall be composed of mem- bers chosen every second year by the people of the several states, and the clectors in each state shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.
No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the sev- eral states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of ears, and excluding Indians not taxed, three-fifths of all other persons. "he actual enumeration shall be made within three years after the firs' meeting of the Congress of the United States, and within every subse- uent term of ten years, in such manner as they shall by law direct. The amber of Representatives shall not exceed one for every thirty thousand, it each state shall have at least one Representative ; and until such umeration shall be made the State of New Hampshire shall be entitled choose three, Massachusetts eight, Rhode Island and Providence Plan- tions one, Connecticut five, New York six, New Jersey four, Pennsylva- eight, Delaware one, Maryland six, Virginia ten, North Carolina five, 1 Georgia three.
When vacancies happen in the representation from any state, the ecutive authority thereof shall issue writs of election to fill such ancies.
The House of Representatives shall choose their Speaker and other :ers, and shall have the sole power of impeachment.
SEC. 3. The Senate of the United States shall be composed of two ators from each state, chosen by the Legislature thereof for six years ; each Senator shall have one vote.
Immediately after they shall be assembled in consequence of the first ion, they shall be divided as equally as may be into three classes. seats of the Senators of the first class shall be vacated at the expira-
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AND ITS AMENDMENTS.
tion of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation or otherwise, during the recess of the Legislature of any state, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies.
No person shall be a Senator who shall not have attained to the age of thirty years and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
The Vice-President of the United States shall be President of th Senate, but shall have no vote unless they be equally divided.
The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.
The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oath or affirmation. When the President of the United States is tried the Chief Justice shall preside. And no person shall be convicted without the concurrence of two-thirds of the members present.
Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law.
SEC. 4. The times, places and manner of holding elections for Sen- ators 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.
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.
SEC. 5. Each house shall be the judge of the election, returns, and qualifications of its own members, and a majority of each shall constitute 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.
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.
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 members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal.
Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
SEC. 6. The Senators and Representatives shall receive a compen- sation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason,
-
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CONSTITUTION OF THE UNITED STATES
felony, and breach of the peace, be privileged from 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.
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority 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.
SEC. 7. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments as on other bills.
Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President
the United States; if he approve he shall sign it ; but if not he shall return it, with his objections, to that house in which it shall have origi- nated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objec- tions, 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 determined by yeas and nays, ind the names of the persons voting for and against the bill shall be entered in the journal of each house respectively. If any bill shall not be returned y the President within ten days (Sundays excepted), after it shall have een presented to him, the same shall be a law, in like manner as if he ad signed it, unless the Congress, by their adjournment, prevent its turn, in which case it shall not be a law.
Every order, resolution, or vote to which the concurrence of the enate and House of Representatives may be necessary (except on a lestion of adjournment), shall be presented to the President of the nited States, and before the same shall take effect shall be approved by m, or, being disapproved by him, shall be re-passed by two-thirds of 3 Senate and House of Representatives, according to the rules and lim- tions prescribed in the case of a bill.
SEO. 8. The Congress shall have power-
To lay and collect taxes, duties, imposts and excises, to pay the debts,
I provide for the common defense and general welfare of the United tes ; but all duties, imposts, and excises shall be uniform throughout United States ;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several es, and with the Indian tribes ;
To establish a uniform rule of naturalization, and uniform laws on subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and he standard of weights and measures ;
To provide for the punishment of counterfeiting the securities and ent coin of the United States;
To establish post offices and post roads ;
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AND ITS AMENDMENTS.
To promote the progress of sciences and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries ;
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 ;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water ;
To raise aud support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy ;
To make rules for the government and regulation of the land and naval forces ;
To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions ;
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 disci- pline prescribed by Congress ;
To exercise legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings ; and
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any depart- ment or officer thereof.
SEO. 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
No bill of attainder or ex post facto law shall be passed.
No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
No tax or duty shall be laid on articles exported from any state.
No preference shall be given by any regulation of commerce or rev enue 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.
No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expeditures of all public money shall be published from time to time.
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CONSTITUTION OF THE UNITED STATES
No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state.
SEC. 10. No state shall enter into any treaty, alliance, or confeder- ation ; 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.
No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws, and the net produce 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 on 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 hot admit of delay.
ARTICLE II.
SECTION 1. The Executive power shall be vested in a President of ie United States of America. He shall hold his office during the term f four years, and, together with the Vice-President chosen for the same rm, be elected as follows :
Each state shall appoint, in such manner as the Legislature thereof ay direct, a number of Electors, equal to the whole number of Senators d Representatives to which the state may be entitled in the Congress ; t no Senator or Representative, or person holding an office of trust or ofit under the United States, shall be appointed an Elector.
[*The Electors shall meet in their respective states, and vote by lot for two persons, of whom one at least shall not be an inhabitant of same state with themselves. And they shall make a list of all the sons voted for, and of the number of votes for each ; which list they Il sign and certify, and transmit, sealed, to the seat of the government he United States, directed to the President of the Senate. The Pres- it of the Senate shall, in the presence of the Senate and House of Rep- ntatives, open all the certificates, and the votes shall then be counted. person having the greatest number of votes shall be the President, ch number be a majority of the whole number of Electors appointed; if there be more than one who have such majority, and have an equal ber of votes, then the House of Representatives shall immediately se by ballot one of them for President ; and if no person have a ma- ; then from the five highest on the list the said House shall in like er choose the President. But in choosing the President, the vote be taken by states, the representation from each state having one a quorum for this purpose shall consist of a member or members two-thirds of the states, and a majority of all the states shall be ary to a choice. In every case, after the choice of the President
Is clause between brackets has been superseded and annulled by the Twelfth amendment
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AND ITS AMENDMENTS.
the person having the greatest number of votes of the Electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-Presi- dent.]
The Congress may determine the time of choosing the Electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States.
No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the United States.
In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inabil- ity, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the dis- ability be removed, or a President shall be elected.
The President shall, at stated times, receive for his services a com- pensation which shall neither be increased nor diminished during 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.
Before he enters on the execution of his office, he shall take the fol- lowing oath or affirmation:
" I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States."
SEC. 2. The President shall be commander in chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardon for offenses against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present con- cur; and he shall nominate, and by and with the advice of the Senate, :hall 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 established by law ; but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
SEC. 3. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such mea- sures as he shall judge necessary and expedient ; he may on extraordinary
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CONSTITUTION OF THE UNITED STATES
occasions convene both houses, or either of them, and in case of disagree- ment 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.
SEO. 4. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and con viction of, treason, bribery, or other high crimes and misdemeanors.
ARTICLE III.
SECTION I. The judicial power of the United States shall be vested in one Supreme Court, and 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 continuance in office.
SEC. 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting 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 controversies between two or more states; between a state and citizens of another state; between citizens of differ- nt states; between citizens of the same state claiming lands under grants f different states, and between a state or the citizens thereof, and foreign tates, citizens, or subjects.
In all cases affecting ambassadors, other public ministers, and consuls, id those in which a state shall be a party, the Supreme Court shall have iginal jurisdiction.
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