USA > Ohio > The Ohio hundred year book; a hand-book of the public men and public institutions of Ohio from the formation of the North-West territory (1787) to July 1, 1901 > Part 4
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7. No Money shall be drawn from the Treasury, but in Conse- quence of Appropriations made by Law; and a regular Statement and Account of Receipts and Expenditures of all public Money shall be published from time to time.
8. 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, Emolu- ment, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
SECTION IO. (I) No State shall enter into any Treaty, Alliance, or Confederation ; grant Letters of Marque and Reprisal; coin Money ; emit Bills of Credit; make any Thing 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.
2. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be abso- lutely necessary for executing it's 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 Controul of the Congress.
3. 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 an 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. 1489023
SECTION I. (I) The executive Power shall be vested in a Pres- ident 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 Number 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
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Elector. [The remainder of this clause is superseded by the XIIth Amendment. ]
3. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
4. 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 to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
5. 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, Resig- nation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act ac- cordingly, until the Disability be removed, or a President shall be elected.
6. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished dur- 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.
7. Before he enters on the Execution of his Office, he shall take the following 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 Con- stitution of the United States."
SECTION 2. (I) 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 Par- dons for Offences against the United States, except in Cases of Im- peachment.
2. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators pres- ent concur ; and he shall nominate, and by and with the Advice and Con- sent 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 established by Law; but the Congress may by Law vest the Appointment of such inferior Officers as they think proper,
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in the President alone, in the Courts of Law, or in the Heads of Depart- ments.
3. 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.
T
SECTION 3. He shall, from time to time, give to the Congress Infor- mation 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 Com- mission all the Officers of the United States.
SECTION 4. 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 Misde- meanors.
ARTICLE III.
SECTION I. The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Con- gress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Com- pensation, which shall not be diminished during their Continuance in Office.
SECTION 2. (I) 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 Con- troversies between two or more States ;- between a State and Citizen of another State ;- between Citizens of different States ;- between Cit- izens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citi- zens or Subjects.
2. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
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3. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the 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 3. (1) Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giv- ing 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 Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture, except during the Life of the Person attainted.
ARTICLE IV.
SECTION I. (I) Full faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
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 Labour 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 Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
SECTION 3. (1) New States may be admitted by the Congress into this Union; but no new State shall be formed or erected with 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 Consent of the Legislatures of the States concerned as well as of the Congress.
2. The Congress shall have Power to dispose of, and make all needful 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 4. 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
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the Executive (when the Legislature cannot be convened) against domes- tic Violence.
ARTICLE V.
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 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 proposed by the Congress; Provided that no Amend- ment 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.
I. 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 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, any Thing in the Constitution or Laws of any State to the Contrary not- withstanding.
3. 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 reli- gious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
ARTICLE VII.
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratify- ing 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 thou- sand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth. In Witness whereof We have hereunto subscribed our Names,
GO WASHINGTON.
Presidt. and Deputy from Virginia
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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,
Wm. Patterson,
David Brearley,
Jona. Dayton.
PENNSYLVANIA.
B. Franklin,
Thomas Mifflin,
521
Robert Morris,
Geo : Clymer,
Tho: Fitzsimons,
Jared Ingersoll,
James Wilson,
Gouv. Morris.
Geo: Read,
Gunning Bedford Junr, Richard Bassett."
John Dickinson,
Jaco: Broom,
MARYLAND.
IT .00
James M'Henry, Danl Carroll,
VIRGINIA.
John Blair,
James Madison, Jr.
NORTH CAROLINA.
Rich'd Dobbs Spaight.
Wm. Blount, Hu. Williamson,
SOUTH CAROLINA.
J. Rutledge, Charles Cotesworth Pinckney, Pierce Butler.
Charles Pinckney,
GEORGIA.
Abr. Baldwin.
William Few,
Attest : WILLIAM JACKSON, Secretary.
NOTE. - Mr. Gerry, of Massachusetts, and Messrs. Mason and Randolph, of Virginia, did not sign the draft of the proposed constitution when submitted to the Congress by the Convention as above.
.
DELAWARE.
Dan : of St. Thos. Jenifer,
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Resolution on the Adoption of the Constitution of the United States.
RESOLUTION ON THE ADOPTION OF THE CONSTITUTION.
In Convention Monday September 17th 1787. Present The States of
New Hampshire, Massachusetts, Connecticut, Mr Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.
Resolved, That the preceding Constitution be laid before the United States in Congress assembled, and that it is the Opinion of this Conven- tion, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the People thereof, under the Recommendation of its Legislature, for their Assent and Ratification ; and that each Convention assenting to, and ratifying the Same, should give Notice thereof to the United States in Congress assembled.
Resolved, That it is the Opinion of this Convention, that as soon as the Conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a Day on which Electors should be appointed by the States which shall have ratified the same, and a Day on which the Electors should assemble to vote for the President, and the Time and Place for commencing Proceedings under this Constitu- tion. That after such Publication the Electors should be appointed, and the Senators and Representatives elected : That the Electors should meet on the Day fixed for the Election of the President, and should transmit their Votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled, that the Senators and Representatives should convene at the Time and Place assigned; that the Senators should appoint a President of the Senate, for the sole Purpose of receiving, opening and counting the Votes for President ; and, that after he shall be chosen, the Congress, together with the President, should, without Delay, proceed to execute this Constitution.
By the Unanimous Order of the Convention
W. JACKSON, Secretary.
GO WASHINGTON, Presidt
AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES.
ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE CONSTITUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATI- FIED BY THE LEGISLATURES OF THE SEVERAL STATES PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION.
[* The first ten amendments to the Constitution of the United States were proposed to the legislatures of the several States by the First Congress, on the
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25th of September, 1789. They were ratified by the following States, and the notifications of ratification by the governors thereof were successively communicated by the President to Congress: New Jersey, November 20, 1789; Maryland, December 19, 1789; North Carolina, December 22, 1789; South Carolina, Jan- uary 19, 1790; New Hampshire, January 25, 1790; Delaware, January 28, 1790; Pennsylvania, March 10, 1790; New York, March 27, 1790; Rhode Island, June 15, 1790; Vermont, November 3, 1791, and Virginia, December 15, 1791. There is no evidence on the journals of Congress that the legislatures of Connecticut, Georgia and Massachusetts ratified them.]
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, with- out 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 particularly describing the place to be searched, and the person or things to be seized.
ARTICLE V.
No person shall be held to answer for a capital, or otherwise infa- mous 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 offence to be put twice 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 with- out 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
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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 defence.
ARTICLE VII.
In suits at common law, where the value in controversy shall ex- ceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
ARTICLE VIII.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment 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.
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 per- son 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 Presi- dent of the Senate shall, in presence of the Senate and House of Repre- sentatives, 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
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electors appointed ; and if no person have such a majority, then from the persons having the highest number, 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 representatives from each State having one vote; a quorum for this purpose shall consist of a member or mem- bers 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.
[The twelfth amendment to the Constitution of the United States was pro- posed to the legislatures of the several States by the Eighth Congress, on the 12th of December, 1803, in lieu of the original third paragraph of the first section of the second article; and was declared in a proclamation of the Secretary of State, dated the 25th of September, 1804, to have been ratified by the legislatures of three-fourths of the States.]
ARTICLE XIII.
SECTION I. 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 juris- diction.
SECTION 2. Congress shall have power to enforce this article by appropriate legislation.
[The thirteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-eighth Congress, on the 1st of February, 1865, and was declared, in a proclamation of the Secre- tary of State, dated the 18th of December, 1865, to have been ratified by the legislatures of twenty-seven of the thirty-six States, viz: Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina, and Georgia.]
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ARTICLE XIV.
SECTION I. 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 shall any State deprive any person of life, lib- erty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
SECTION 2. Representatives shall be apportioned among the sev- eral States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed; but when- ever the right to vote at any election for electors of President and Vice- President, or United States Representatives in Congress, executive and judicial officers, 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 abridge, except for par- ticipation in rebellion or other crimes, 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 that State.
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