USA > Wisconsin > Jefferson County > The history of Jefferson county, Wisconsin, containing biographical sketches > Part 44
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109
THOMAS MCHUGH,
Secretary.
CONSTITUTION OF THE UNITED STATES.
CONDENSED.
PREAMBLE.
We, the people of the United States, in order to form a more perfeet 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, which shall consist of a Senate and House of Representatives.
SEC. 2. The House of Representatives shall be composed of members chosen every second year by the people of the States, and electors shall have qualifications for electors of the most . numerous branch of the State Legislature.
Representatives must be twenty-five years of age, and must have been seven years citizens of the United States, and inhabitants of the State in which they shall be chosen.
Representatives and direct taxes shall be apportioned among the several States according to population, which shall be determined by adding to the whole number of free persons, including apprentices and excluding Indians not taxed, three-fifths of all other persons. The enumeration shall be made within three years after the first meeting of Congress, and every ten years there- after in such manner as Congress shall by law dircct. States shall have one Representative only for each thirty thousand, but each State shall have at least one Representative ; and until such enumeration shall be made, New Hampshire shall choose three; Massachusetts, eight ; Rhode Island, one ; Connecticut, five ; New York, six ; New Jersey, four; Pennsylvania, eight; Del- aware, one ; Maryland, six; Virginia, ten ; North Carolina, five; South Carolina, five, and Georgia, three.
Vacancies in the representation from any State shall be filled by elections, ordered by the executive authority of the State.
298
HISTORY OF WISCONSIN.
The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment.
SEC. 3. The Senate shall be composed of two Senators from each State, chosen by the Legislature thereof for six years ; and each Senator shall have one vote.
Senators shall be divided as equally as may be into three classes immediately after assem- bling, in consequence of the first election. The first class shall vacate their seats at the expira- tion of the second year ; the second class, at the expiration of the fourth year, and the third class, at the expiration of the sixth year, so that one-third may be chosen every second year ; and vacancies happening by resignation or otherwise during the recess of the Legislature of any State may be filled by temporary appointments of the Executive until the next meeting of the Legislature.
All Senators shall have attained the age of thirty years, and shall have been nine years citizens of the United States, and shall be inhabitants of the State for which they shall be chosen.
The Vice President of the United States shall be President of the 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.
The Senate shall have the sole power to try impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President is tried, the Chief Justice shall pre- side, and concurrence of two-thirds of the members present shall be necessary to conviction.
Judgment in cases of impeachment shall be limited to removal from office and disqualifica- tion to hold any office under the United States ; but the party convicted shall be liable to trial and punishment according to law.
SEC. 4. The Legislature of each State shall prescribe the times, places and manner of holding elections for Senators and Representatives, but Congress may make or alter such regu- lations, except as to the place of choosing Senators.
Congress shall assemble annually, on the first Monday in December, unless a different day be appointed.
SEC. 5. Each House shall be the judge of the elections, 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 compel attendance of absent members, under penalties.
Each House may determine its own rules of proceeding, punish its members. and. by a two- thirds vote, expel a member.
Each House shall keep a journal, which shall be published at their discretion. and one-fifth of those present may require the yeas and nays to be entered on the journal.
Neither House shall adjourn for more than three days without the consent of the other, nor to any other place than that in which they are sitting.
SEC. 6. The compensation of Senators and Representatives shall be fixed by law, and paid out of the Treasury of the United States. They shall be privileged from arrest during attendance at the session of their respective Houses, except for treason, felony and breach of the peace, and shall not be questioned in any other place for any speech or debate in either House.
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the United States which shall have been created or the emoluments whereof shall have been increased during such time : and no person holding 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 may be amended by the Senate.
Every bill passed by the House of Representatives and the Senate shall, before it becomes a law, be presented to the President ; if he approve, he shall sign it; but if not, he shall return
299
CONSTITUTION OF THE UNITED STATES.
it, with his objections, to that House in which it originated, who shall enter the objections on their journal and proceed to reconsider it. If, after reconsideration, two-thirds shall agree to pass the bill, it shall be sent, with the objections, to the other House, and, if approved by two- thirds of that House, it shall become a law. But in all such cases, the yeas and nays shall be taken, and entered upon the journal of each House, respectively. Any bill not returned by the President within ten days (Sundays excepted) after it shall have been presented to him, shall be a law, as if he had signed it, unless Congress, by adjournment, shall prevent its return, in which case it shall not be a law.
Every order, resolution or vote requiring the concurrence of the Senate and House of Rep- resentatives (except a question of adjournment), shall be approved by the President before tak- . ing effect ; or, being disapproved by him, shall be repassed by a two-thirds vote of each House. as in the case of a bill.
SEC. 8. Congress shall have power :
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States :
To borrow money on the public credit ;
To regulate commerce with foreign nations, and among the several States and with the Indian tribes :
To establish a uniform rule of naturalization, and uniform laws on the subject of bank- ruptcies ;
To coin money, regulate the value thereof and foreign coin, and fix the standard of weights and measures ;
To provide for the punishment of counterfeiting the securities and current coin of the United States ;
To establish post offices and post roads :
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries ;
To constitute tribunals inferior to the Supreme Court ;
To define and punish piracies and felonies committed on the high seas, and offenses against the laws of nations ;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water ;
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 electedf 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, proteet 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 none 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 l'resident.
+ 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 religions 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 dav 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 commeneed or prosecuted against one of the United States by citizens of another State, or by citizens or subjeets 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 ; distinet 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 eleetors 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 men- bers from two-thirds of the States, and a majority of all the States shall be necessary to a ehoiee. 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 aet 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.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.