USA > Wisconsin > The Wisconsin blue book 1893 > Part 3
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ARTICLE I.
Congress shall make no law respecting an establishment of religion, or prohibiting the exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
ARTICLE II.
A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.
ARTICLE III.
No soldier shall in time of peace. be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
ARTICLE IV.
The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and 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 a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
ARTICLE VI.
In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
ARTICLE VII.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re- examined in any court of the United States, than according to the rules of the common law.
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WISCONSIN BLUE BOOK.
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ARTICLE VIII.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX.
The enumeration in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people.
ARTICLE X.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
ARTICLE XI.
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State.
ARTICLE XII.
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 persons voted for as President, and in dis- tinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the vote shall be taken by States, the representation 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 constitu- tional disability of the President.
The person having the highest number of votes as Vice President shall be the Vice Presi- dent, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.
ARTICLE XIII.
SECTION 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.
SECTION 2. Congress shall have power to enforce this article by appropriate legislation.
ARTICLE XIV.
SECTION 1. All persons born or naturalized in the United States, and 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 citi- zens of the United States, nor shall any State deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protec- tion of the laws.
SECTION 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the execu-
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CONSTITUTION OF THE UNITED STATES.
tive and judicial officers of a State, 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 abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the num- ber of male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
SECTION 3. No person shall be a Senator or Representative in Congress, or elector of President or Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as member of Congress. or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof; but Congress may, by a vote of two-thirds of each House, remove such disability.
SECTION 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing the insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States. or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
SECTION 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
ARTICLE XV.
SECTION 1. The right of the citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condi- tion of servitude.
SECTION 2. The Congress shall have power to enforce this article by appropriate legisla- tion.
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WISCONSIN BLUE BOOK.
HISTORY OF THE AMENDMENTS.
Twelve amendments were proposed by Congress, September 25, 1789, the last ten of which were adopted, and they are the first ten as given above. They were proclaimed in force, December 15, 1791.
The rejected Articles were as follows:
I. After the first enumeration required by the First Article of the Constitution, there shall be one representative for every 30,000 persons, until the number shall amount to one hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred Representatives nor more than one for every 40,000 persons, until the number shall amount to two hundred; after which the proportion shall be so regulated by Congress that there shall not be less than two hundred Representatives, nor more than one Representative for every 50,000 persons.
II. No law varying the compensation for the services of the Senators and Representa- tives shall take effect until an election of Representatives shall have intervened.
The twelve proposed amendments were acted upon as follows: All ratified by Kentucky, Maryland, New Jersey, North Carolina, South Carolina, Vermont and Virginia -7.
All excepting Art. I. ratified by Delaware-1.
All excepting Art. II. ratified by Pennsylvania - 1.
All excepting Arts. I. and II. ratified by New Hampshire, New York, Rhode Island-3. All rejected by Connecticut, Georgia and Massachusetts -3.
Article XI. was proposed by Congress March 12, 1794, and declared in force January 8, 1798. Article XII. was proposed in the first session of the Eighth Congress and declared in force September 25, 1804.
Article XIII. was proposed by Congress February 1, 1865, and declared in force Decem- ber 18, 1865.
It was ratified by Alabama, Arkansas, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missis- sippi, Missouri, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia and Wisconsin. - 34.
Ratified conditionally by Alabama and Mississippi. Rejected by Delaware and Ken- tucky -2.
Article XIV. was proposed by Congress June 13, 1866, and declared in force July 28, 1868.
It was ratified by Alabama, Arkansas, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia and Wisconsin - 33.
Of the above. Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Texas and Virginia first rejected the amendment but finally ratified it. New Jersey and Ohio rescinded their ratification.
No final action was taken by California -1.
Rejected by Delaware, Kentucky and Maryland -3.
Article XV was proposed by Congress February 26, 1869, and declared in force March 30, 1870 ..
It was ratified by Alabama, Arkansas, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, Virginia, West Virginia and Wisconsin - 30.
Of the above Georgia and Ohio first rejected but finally ratified. New York rescinded her ratification. The amendment was rejected by California, Delaware, Kentucky, Maryland, New Jersey and Oregon - 6.
No final action was taken by Tennessee - 1.
CONSTITUTION OF THE STATE OF WISCONSIN.
PREAMBLE.
We, the people of Wisconsin, grateful to Almighty God for our freedom, in order to se ure its blessings, form a more perfect government, insure domestic tranquility, and promote the general welfare, do establish this Constitution.
ARTICLE I.
DECLARATION OF RIGHTS.
SECTION 1 .. All men are born equally free and independent, and have cat". inherent rights; among these are life, liberty, and the pursuit of happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.
SECTION 2. There shall be neither slavery nor involuntary servitude in this State other- wise than for the punishment for crime, whereof the party shall have been duly con- victed.
SECTION 3. Every person may freely speak, write and publish his sentiments on all sub- jects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indict- ments for libel, the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libelous be true, and was published with good motives and for justi- fiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the facts.
SECTION 4. The right of the people peaceably to assemble to consult for the common good, and to petition the government or any department thereof shall never be abridged.
SECTION 5. The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law.
SECTION 6. Excessive bail shall not be required, nor shall excessive fines be imposed, nor cruel and unusual punishment be inflicted.
SECTION 7. In all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf; and in prosecutions by indictment or information, to a speedy pub- lic trial by an impartial jury of the county or district wherein the offense shall have been committed; which county or district shall have been previously ascertained by law.
SECTION 8. No person shall be held to answer for a criminal offense, unless on the pre- sentment or indictment of a grand jury, except in cases of impeachment, or in cases cog- nizable by justices of the peace, or arising in the army or navy, or in the militia when in actual service in time of war or public danger; and no person for the same offense shall be put twice in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself. All persons shall before conviction be bailable by sufficient sure- ties, except for capital offenses, when the proof is evident or the presumption great; and 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.
SECTION 9. Every person is entitled to a certain remedy in the laws, for all injuries or wrongs he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.
SECTION 10. Treason against the State shall consist only in levying war against the same, or in adhering to its 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.
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WISCONSIN BLUE BOOK.
SECTION 11. 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 warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly de- scribing the place to be searched, and the persons or things to be seized.
SECTION 12. No bill of attaind r, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed; and no conviction shall work corruption of blood or for- feiture of estate.
SECTION 13. The property of no person shall be taken for public use without just com- pensation therefor.
SECTION 14. All lands within the State are declared to be allodial, and feudal tenures are prohibited. Leases and grants of agricultural land, for a longer term than fifteen years, in which rent or service of any kind shall be reserved, and all fines and like restraints upon alienation, reserved in any grant of land hereafter made, are declared to be void.
SECTION 15. No distinction shall ever be made by law between resident aliens and citi- zens, in reference to the possession, enjoyment, or descent of property.
SECTION 16. No person shall be imprisoned for debt arising out of, or founded on a con- tract, expressed or implied.
SECTION 17. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted.
SECTION 18. The right of every man to worship Almighty God according to the dictates of his own conscience shall never be infringed, nor shall any man be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent. Nor shall any control of, or interference with the rights of conscience be permitted, or any preference be given by law to any religious establishments or mode of worship. Nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries.
SECTION 19. No religious tests shall ever be required as a qualification for any office or public trust, under the State, and no person shall be rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion.
SECTION 20. The military shall be in strict subordination to the civil power. SECTION 21. Writs of error shall never be prohibited by law.
SECTION 22. The blessings of a free government can only be maintained by a firm adher- ence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.
ARTICLE II. BOUNDARIES.
SECTION 1. It is hereby ordained and declared that the State of Wisconsin doth consent and accept of the boundaries prescribed in the act of Congress entitled " an act to enable the people of Wisconsin Territory to form a Constitution and State Government, and for the admission of such State into the Union," approved August sixth, one thousand eight hundred and forty-six, to wit: beginning at the northeast corner of the State of Illinois, that is to say, at a point in the center of Lake Michigan where the line of forty-two degrees and thirty minutes of north latitude crosses the same; thence, running with the boundary of the State of Michigan, through Lake Michigan, Green Bay, to the mouth of the Menom- onee river; thence up the channel of the said river to the Brule river; thence up said last mentioned river to Lake Brule; thence along the southern shore of Lake Brule, in a direct line to the center of the channel between Middle and South Islands, in the Lake of the Desert; thence in a direct line to the head waters of the Montreal river, as marked upon the survey made by Captain Cram; thence down the main channel of the Montreal river to the middle of Lake Superior; thence through the centre of Lake Superior to the mouth of the St. Louis river; thence up the main channel of said river to the first rapids in the same, above the Indian village, according to Nicollet's map; thence due south to the main branch of the river St. Croix; thence down the main channel of said river to the Mississippi; thence down the center of the main channel of that river to the northwest corner of the State of Illinois; thence due east with the northern boundary of the State of Illinois, to the place of beginning, as established by " an act to enable the people of the Illinois Territory to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States," approved April 18, 1818. [* Provided, however, That the following alteration of the aforesaid boundary be, and hereby is, proposed to the
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CONSTITUTION OF WISCONSIN.
Congress of the United States as the preference of the State of Wisconsin, and if the same shall be assented and agreed to by the Congress of the United States, then the same shall be and forever remain obligatory on the State of Wisconsin, viz .: leaving the aforesaid boundary line at the foot of the rapids of the St. Louis river; thence, in a direct line bearing southwesterly, to the mouth of the Iskodewabo or Rum river, where the same empties into the Mississippi river, thence down the main channel of the said Mississippi river, as pre- scribed in the aforesaid boundary.]
SECTION 2. The propositions contained in the act of Congress are hereby accepted, rati- fied and confirmed, and shall remain irrevocable without the consent of the United States; and it is hereby ordained that this State shall never interfere with the primary disposition of the soil within the same, by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to bona fide purchasers thereof; and no tax shall be imposed on land, the property of the United States; and in no case shall non-resi- dent proprietors be taxed higher than residents. Provided, That nothing in this Constitu- tion, or in the act of Congress aforesaid, shall in any manner prejudice or affect the right of the State of Wisconsin to five hundred thousand acres of land granted to said State, and to be hereafter selected and located, by and under the act of Congress, entitled "an act to appropriate the proceeds of sales of the public lands, and grant pre-emption rights," ap- proved September fourth, one thousand eight hundred and forty-one.
ARTICLE III.
SUFFRAGE.
SECTION 1. Every male person, of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the State for one year next pre- ceding any election, shall be deemed a qualified elector at such election:
1. White citizens of the United States.
2. White persons of foreign birth, who shall have declared their intention to become citi- zens conformably to the laws of the United States on the subject of naturalization.
3. Persons of Indian blood, who have once been declared by law of Congress to be citizens of the United States, any subsequent law of Congress to the contrary notwithstanding.
4. Civilized persons of Indian descent, not members of any tribe. Provided, That the legislature may, at any time, extend by law the right of suffrage to persons not herein enu- merated; but no such law shall be in force until the same shall have been submitted to a vote of the people at a general election, and approved by a majority of all the votes cast at such election.
SECTION 2. No person under guardianship, non compos mentis, or insane shall be quali- filed to vote at any election; nor shall any person convicted of treason or felony be qualified to vote at any election unless restored to civil rights.
SECTION 3. All votes shall be given by ballot, except for such township officers as may by law be directed or allowed to be otherwise chosen.
SECTION 4. No person shall be deemed to have lost his residence in this State by reason of his absence on business of the United States, or of this State.
SECTION 5. No soldier, seaman, or marine, in the army or navy of the United States shall be deemed a resident of this State in consequence of being stationed within the same.
SECTION 6. Laws may be passed excluding from the right of suffrage all persons who have been or may be convicted of bribery or larceny, or of any infamous crime, and depriv- ing every person who shall make, or become directly or indirectly interested in, any bet or wager depending upon the result of any election, from the right to vote at such election.
ARTICLE IV. LEGISLATIVE.
SECTION 1. The legislative power shall be vested in a Senate and Assembly.
SECTION 2. The number of the members of the Assembly shall never be less than fifty- four, nor more than one hundred. The Senate shall consist of a number not more than one-third, nor less than one-fourth, of the number of the members of the Assembly.
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