The History of Rock County, Wisconsin: Its Early Settlement, Growth, Development, Resources, Etc., Part 45

Author: Wesern historical company, Chicago, pub
Publication date: 1879
Publisher: Chicago : Western Historical Co.
Number of Pages: 899


USA > Wisconsin > Rock County > The History of Rock County, Wisconsin: Its Early Settlement, Growth, Development, Resources, Etc. > Part 45


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To raise and 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 insur- rection and repel invasions ;


To provide for organizing, arming and disciplining the militia, and for governing such parts of them as may be employed in the service of the United States-the several States to appoint the officers and to train the militia according to the discipline prescribed by Congress ;


To exercise exclusive legislation, in all cases, over the seat of Government, and over all forts, magazines, arsenals, dock yards and other needful buildings ; and


To make all laws necessary and proper for carrying into execution all powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.


SEC. 9. Foreign immigration or the importation of slaves into the States shall not be pro- hibited by Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed not exceeding ten dollars for each person so imported.


The writ of habeas corpus shall not be suspended, unless required by the public safety in cases of rebellion or invasion.


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


300


HISTORY OF WISCONSIN.


No capitation or other direct tax shall be laid, unless in proportion to the census or enu- meration hereinbefore directed to be made.


.


No tax or duty shall be laid on articles exported from any State.


In regulating commerce or revenue, no preference shall be given 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 unless appropriated by law ; and accounts of the receipts and expenditures of all public money shall be published from time to time.


No title of nobility shall be granted by the United States ; and no person holding any office under them shall accept any present, emolument, office or title from any foreign State, without the consent of Congress.


SEC. 10. No State shall enter into any treaty, alliance or confederation ; 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 bills of attainder, ex post facto laws, or law impairing the obligation of contracts, or grant any title of nobility.


No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except for the execution of its inspection laws; and all such duties shall be for the use of the United States; and all such laws shall be subject to the revision and control of 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 imminent and immediate danger.


ARTICLE II.


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


Each State shall appoint in the manner directed by the Legislature, a number of electors equal to the whole number of its Senators and Representatives in Congress; but no Senator or Representative or person holding any office under the United States shall be appointed an elector.


[ The third clause of this section has been superseded and amended by the 12th Amendment.] 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.


A natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, only shall be eligible to the office of President; and he must have attained the age of thirty-five years, and been fourteen years a resident within the United States.


If the President be removed from office, die, resign, or become unable to discharge the duties of his office, the same shall devolve upon the Vice President, and Congress may provide by law for the case of removal, death, resignation or inability of both the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed or a President elected .*


The President shall receive a compensation for his services, which shall be neither increased nor diminished during the period for which he shall have been electedt and within that period he shall not receive any other emolument from the United States or from any of them.


Before entering upon 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 Constitution of the United States."


* By act of March 1, 1792, Congress provided for this contingency, designating the President of the Senate pro tempore, or if there be nose the Speaker of the House of Representatives, to succeed to the chief Executive office in the event of a vacancy in the offices of both President and Vice President.


t The President's salary was fixed February 18, 1793, at $25,000, and was increased March 3, 1873, to $50,000.


301


CONSTITUTION OF THE UNITED STATES.


SEC. 2. The President shall be the Commander-in-Chief of the army and navy of the United States, and of the militia of the several States, when in actual service of the United States; he may require the written opinion of the principal officers of the several executive departments upon subjects relating to the duties of their respective offices, and shall have power to grant reprieves and pardons 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 concur, and shall nominate to the Senate ambassa- dors, other public ministers and consuls, Judges of the Supreme Court, and all other officers of the United States whose appointment is not otherwise provided for ; but Congress may vest the appointment of inferior officers in the President alone, in the courts of law, or in the heads of departments.


The President may fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.


He shall, from time to time, give Congress information of the state of the Union, and recommend measures to their consideration ; he may, on extraordinary occasions, convene both Houses or either of them, and, in case of disagreement between them as to the time of adjourn- ment, 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.


SEC. 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 misdemeanors.


ARTICLE III.


SECTION 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may establish. The Judges, both of the Supreme and inferior Courts, shall hold their offices during good behavior, and shall receive a compensa- tion 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, treaties, cases affecting ambassadors, other public ministers and consuls, all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; controversies between two or more States ; between a State and citizens of another State; between citizens of different States ; between 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.


In all cases affecting Ministers and Consuls, and those in which a State is a party, the Supreme Court shall have original jurisdiction. In all other cases mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, subject to exceptions and regu- lations made by Congress.


All crimes, except in cases of impeachment, shall be tried by jury, and in the State where the crime was committed ; but Congress shall fix the place of trial for crimes not committed within any State.


SEC. 3. Treason against the United States shall consist only in levying 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.


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 1. Each State shall give full faith and credit to the public acts, records and judi- cial proceedings of every other State, and Congress may prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.


.


302


HISTORY OF WISCONSIN.


SEC. 2. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.


Fugitives from justice in any State found in another State, shall, on demand of the Execu- tive, be delivered up and removed to the State having jurisdiction of the crime.


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.


SEC. 3. New States may be admitted to the Union, but no new State shall be formed within the jurisdiction of any other State; nor 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 Congress.


Congress shall have power to dispose of and to regulate and govern the territory or other property belonging to the United States; and nothing in this Constitution shall be construed to prejudice any claims of the United States, or any particular State.


Every State shall be guaranteed a republican form of government, and shall be protected against invasion ; and on an application of the Legislature, or of the executive (when the Legis- lature cannot be convened), against domestic violence.


ARTICLE V.


Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amend- ments to this Constitution, or, on application of two-thirds of the Legislatures 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 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.


All existing debts and engagements shall be valid against the United States under this Constitution.


This Constitution and the laws of the United States made in pursuance thereof; and all treaties 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.


Senators and Representatives, 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.


ARTICLE VII.


The ratification of the Convention of nine States shall be sufficient for the establishment 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.


GEORGE WASHINGTON, President and Deputy from Virginia.


[Other signatures omitted.]


303


CONSTITUTION OF THE UNITED STATES.


AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA.


Proposed by Congress and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution.


ARTICLE I.


Congress shall make no law respecting religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or of 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 and property 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 persons or things to be seized.


ARTICLE V.


No person shall be held to answer for any infamous crime unless on an 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 twice put in jeopardy of life or limb for the same offense ; nor shall he 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 speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, 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, when 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.


ARTICLE VIII.


Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual pun- ishments inflicted.


-


304


HISTORY OF WISCONSIN.


ARTICLE IX.


The enumeration in the Constitution of certain rights shall not be construed to deny or dis- parage 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; distinct ballots shall be made for President and Vice President, and distinct lists made of such ballots and of the number of votes for each, which lists they shall sign and certify and transmit sealed to the seat of government, addressed 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 Presi- dent shall be President, if such number be a majority of the whole number of electors appointed; if no person have such majority, then from those having the highest numbers, not exceeding three on the list of those voted for as President, the House of Representatives shall choose imme- diately by ballot the President. But, in choosing the President, the vote shall be taken by States, 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. If, whenever the right of choice shall devolve upon them, the House of Representatives shall not choose a President before the fourth day of March next following, then the Vice President shall act as President, as in the case of death or 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 ineligible to the office of President shall be eligible to that of Vice President of the United States.


ARTICLE XIII.


SECTION 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.


SEC. 3. Congress shall have power to enforce this article by appropriate legislation.


ARTICLE XIV.


SECTION 1. All persons born or naturalized in the United States, or subject to the juris- diction 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, liberty or property without


.-


CONSTITUTION OF THE UNITED STATES.


305


due process of law, nor deny to any person within its jurisdiction the equal protection of the law.


SEC. 2. Representatives shall be apportioned among the States according to population. counting the whole number of persons in each State, including Indians not taxed. But when the right to vote is denied to any of the male inhabitants of a 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.


SEC. 3. No person shall hold any office under the United States or under any State, who having previously, as an officer of the United States of any State, taken an oath to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But Congress may, by a vote of two- thirds of each House, remove such disability.


SEC. 4. The validity of the public debt of the United States, including pensions and bounties, 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.


SEC. 5. Congress shall have power to enforce, by appropriate legislation, the provisions of this article.


ARTICLE XV.


SECTION 1. The right of citizens 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.


SEC. 2. Congress shall have power to enforce this article by appropriate legislation.


ALPHABETICAL LIST OF COUNTIES AND CITIES WITH GUBERNATORIAL AND PRESIDENTIAL VOTES.


Note .- The Republican or Democratic majority in each county is given as between Smith and Mallory. Gre- back majority is only given when the vote for Allis exceeds the others, and is taken from the highest vote.


COUNTIES.


GOVERNOR. 1877.


PRESIDENT. 1876.


Smith.


Mallory.


Allis.


Mal.


Hayes.


Tilden.


Adams.


580


233


116


R. 347


981


442 R.


5.89


Ashland.


86


168


D.


77


109


189


D.


80


Barron


459


203


53


R.


256


644


257


R.


387


Bayfield


40


34


2


R.


6


86


74


R.


12


Brown.


1887


1740


1015


D.


858


2755


3647


D. 892


Buffalo


1075


810


76


R.


265


1186


1162


R.


Burnett


336


24


R.


812


285


28 R. 257


Calumet ..


450


1130


889


D.


680


1012


2145 D. 1188


Chippewa ..


685


693


589


D.


18


1596


1774


D. 178


Clark.


449


158


816


G.


367


1255


660


R. 596


Columbia


2048


1597


118


451


3582


2493


R. 1089


Crawford


806


1008


146


202


1855


1604


D. 249


Dane


8613


3903


614


D.


290


5436


5726|


D. 291


Dodge


2338


4267


381


D. 1934


3236


6361


1 . 8125


Door


477


126


283


R.


351


1095


596


R. 499


Douglas.


21


28


D.


7


42


67


D.


25


Dunn


1174


407


412


R. 767


2033


894


R. 1189


Eau Claire.


1208


805


597


R


403


2266


1785|


R. 481


Fond du Lac.


3086


3414


1249; D.


328


4845


5660


D. 815


Grant.


2620


1938


1037


R.


682|


4723


3198


R. 1525


Green.


1823


849


580| R. 215/ D.


974


2601


1514 R. 226


Iowa ...


1461


1175


1021; R.


286


2651


2348


R. 808


.Jackson


802


391


521| R.


411


1507


718. R. 789


Jefferson


1917.


2418


296


D.


201|


2874


4134| D. 1260


Juneau


1045


883


463


R.


162|


1714.


1458 R. 266


Kenosha


938


907


51


R.


31


1610:


1482 R. 178


Kewaunee


247


558


20


D.


311j


561. 2644


2481 R. 163


La Fayette.


1409'


1300


269


R.


109


2424


2299: R. 125


Lincoln


27


15:


169


G.


142


71 2700:


3908|


D. 120-8


Marathon.


301


755.


746


D.


454|


668:


1796: D. 1128


Marquette.


447


730


76


D.


283


545


9981|


12026


D. 2045


Monroe


1102


1096


1019


R.


6


2558


2030


R. 628


Oconto


1059


764


157


R.


295


1813


1859


8608


D. 1749


Ozaukee.


437


1579


17/


D. 1142


583 836


394


R. 47


Pierce ..


1523


545


408


R. 978


2185


1019


362


R. 650


Portage


1080


917


728


R.


163


1794


R. 61


Racine.


2304


1906


112 R. 398


1855 8560


2880| R. 680


La Crosse.


1968


1115


524


R.


853


Manitowoc.


1365


1951


98|


D.


586


697


1112 D. 415


Milwaukee.


5843


6388


1228!


D.


Outagamie.


777


2005


992 D. 1228!


Pepin


521'


171


123|


R. 350|


Polk


916


363


60


R. 553,


5480


D. 1897


Green Lake


879


896


17


1739


1735 R. 866


1654; D. 10983


174 D. 1033


1174 R. 639


985, R. 1152


R.


D.


GUBERNATORIAL AND PRESIDENTIAL VOTES-1877-1876-Continued.


COUNTIES-Continued.


GOVERNOR. 1877.


PRESIDENT. 1876.


Smith.


Mallory.


Allis.


Maj.


Hayes.


Tilden.


Maj.


Richland


12011


729


705


R 472,


2038


1591| R. 447


Rock


3375


1620;


781 R. 1755|


5755


2814: R. 2893


St. Croix


1558


1489


93!


70|


1775


1736, R.


39


Sauk


1826


922


574


R.


904|


3395


2201|


R. 1194


Shawano


269


605|


92|


D.


336


582


873


291


Sheboygan


1598|


1737


750


D. 139


3224


3633| D.


409


Taylor.


195


264


53


D.


59


240


246, D.


Trempealeau


2483.


781


176|


R. 1452!


2360


790; R. 1570


Vernon.


1678


416


846


R. 1262


2764


1117| R. 1647


Walworth


2904


1374


160


R. 1530


4212


1970 R. 2242


Washington


994:


2187.


187


D. 1993


1321


3047 D. 1726


Waukesha.


2484


2388


276


R.


96


3129


3335


D. 206


Waupaca ..


1473|


990


772


R.


483


2642


1592


R. 1050


Waushara


1282


257,


377


1887


D.


170


6092


4426


R. 666


Wood


247


196!


601


G. 354|


658


745| D.


87


CITIES.


Appleton


281


522


201


D.


291|


549


911 D.


362


Beaver Dam.


820


361


6


D.


41


857


465


D.


108


Beloit


877


109


240


268


745


627


R.


118


Berlin


219


197


36


R.


22


456


312|


R.


144


Buffalo


25


17


R.


8


14


81


D.


17


Centralis


16


5 97


G.


81


64


93


D.


29


Chilton.


31


128


88


97


Chippewa Falls.


249


294


148


65


475


572


D.


97


Columbus ....


210!


123


8


R. 87


254


212 R.


42


620


459


250 R.


161


1205!


1013 R.


189


862


884


520|


22


1382


1542|


D.


160


150|


85


195


45


669/


288 R.


81


Grand Rapids.


50


42


110


G.


60


121


191 D.


70


Green Bay


432:


833


181|


R.


99


696


647


R.


49


Hudson.


2:26,


207


R.


19|


250


224


R.


26


Janesville.


771


605


31


R.


166


1036


848


R.




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