USA > Wisconsin > Sauk County > The history of Sauk County, Wisconsin, containing an account of settlement, growth, development and resources biographical sketches the whole preceded by a history of Wisconsin > Part 44
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ARTICLE . XII.
SECTION 1. Amendments to the Constitution may be proposed in either house of the Legis- lature, and referred to the next Legislature and published for three months previous. If agreed . to by a majority of all the members elected to each house, then the amendment or amendments shall submit them to the vote of the people; and if the people shall approve and ratify such amendment or amendments, they shall become a part of the Constitution.
SEC. 2. If a convention to revise or change the Constitution shall be deemed necessary by the Legislature, they shall recommend to the electors of the State to vote at the next, general election for or against the same. If the vote shall be for the calling of such convention, then the Legislature, at its next session, shall provide for the same.
ARTICLE XIII. MISCELLANEOUS PROVISIONS.
SECTION 1. The political year for Wisconsin shall commence on the first Monday in Jan- uary in each year. General elections shall be holden on the Tuesday succeeding the first Monday in November.
SEC. 2. A duelist shall not be qualified as an elector in this State.
SEC. 3. United States officers (except Postmasters), public defaulters, or persons convicted of infamous crimes, shall not be eligible to office in this State.
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SEC. 4. A great seal for the State shall be provided, and all official acts of the Governor (except his approbation of the laws), shall be authenticated thereby.
SEC. 5. Residents on Indian lands may vote, if duly qualified, at the polls nearest their residence.
SEC. 6. Elective officers of the Legislature, other than the presiding officers, shall be a Chief Clerk, and a Sergeant-at-Arms, to be elected by each House.
SEC. 7. No county with an area of nine hundred square miles or less, shall be divided, without submitting the question to the vote of the people of the county.
SEC. 8. [The Legislature is prohibited from enacting any special or private laws, for locating or changing any county seat.] See amendment adopted in 1871, as Sec. 31 (Subdivision 5) of Art. IV.
SEC. 9. Officers not provided for by this Constitution shall be elected as the Legislature shall direct.
SEC. 10. The Legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that purpose in this Constitution.
ARTICLE XIV. SCHEDULE.
SECTION 1. All rights under the Territorial government are continued under the State government. Territorial processes are valid after the State is admitted into the Union.
SEC. 2. Existing laws of the Territory of Wisconsin not repugnant to this Constitution shall remain in force until they expire by limitation or are altered or repealed.
SEC. 3. All fines, penalties or forfeitures accruing to the Territory of Wisconsin shall inure to the use of the State.
SEC. 4. Territorial recognizances, bonds and public property shall pass to and be vested in the State. Criminal prosecutions, offenses committed against the laws, and all actions at law and suits in equity in the Territory of Wisconsin shall be contained in and prosecuted by the State.
SEC. 5. Officers holding under authority of the United States or of the Territory of Wis- consin shall continue in office until superseded by State authority.
SEC. 6. The first session of the State Legislature shall commence on the first Monday in June next, and shall be held at the village of Madison, which shall be and remain the seat of government until otherwise provided by law.
SEC. 7. Existing county and town officers shall hold their offices until the Legislature of the State shall provide for the holding of elections to fill such offices.
SEC. 8. A copy of this Constitution shall be transmitted to the President of the United States to be laid before Congress at its present session.
SEC. 9. This Constitution shall be submitted to the vote of the people for ratification or rejection on the second Monday in March next. If ratified, an election shall be held for Governor, Lieutenant Governor, Treasurer, Attorney General, members of the State Legisla- ture and members of Congress, on the second Monday of May next.
SEC. 10. [Omitted. See Section 1, Chapter 3, Acts of Extra Session of 1878.]
SEC. 11. The several elections provided for in this Article shall be conducted according to the existing laws of the Territory of Wisconsin.
SEC. 12. [Omitted. See Section 1, Chapter 3, Acts of Extra Session of 1878.]
SEC. 13. The common law in force in the Territory of Wisconsin shall continue in force in the State until altered or suspended by the Legislature.
SEC. 14. The Senators first elected in the even-numbered Senate districts, the Governor, Lieutenant Governor and other State officers first elected under this Constitution, shall enter upon their duties on the first Monday of June next, and hold their offices for one year from the first Monday of January next. The Senators first elected in the odd-numbered districts and the
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members of the Assembly first elected shall enter upon their duties on the first Monday of June next, and continue in office until the first Monday in January next.
SEC. 15. The oath of office may be administered by any Judge or Justice of the Peace, until the Legislature shall otherwise direct.
We, the undersigned, members of the Convention to form a Constitution for the State of Wisconsin, to be submitted to the people thereof for their ratification or rejection, do hereby certify that the foregoing is the Constitution adopted by the Convention.
In testimony whereof, we have hereunto set our hands, at Madison, the 1st day of Feb- ruary, A. D. 1848.
MORGAN L. MARTIN,
President of the Convention and Delegate from Brown County.
THOMAS MCHUGH,
Secretary.
CONSTITUTION OF THE UNITED STATES.
CONDENSED.
PREAMBLE.
We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
ARTICLE I.
SECTION 1. All legislative powers herein granted shall be vested in a Congress, 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 direct. 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.
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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 incmbers, and a majority of cach 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 Scnator 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
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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.
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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 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 President.
+ The President's salary was fixed February 18, 1793, at $25,000, and was increased March 3, 1873, to $50,000.
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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, thie 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.
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SEC. 2. The citizens of each State sliall 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.
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