Chapter XXXVII: Section I: The executive power shall be vested in a president of
the United States of America. He shall hold his office during the
term of four years, and, together with the vice president, chosen
for the same term, be elected as follows:
Each state shall appoint, in such manner as the legislature
thereof may direct, a number of electors equal to the whole number
of senators and representatives to which the state may be entitled
in the congress: but no senator or representative, or person
holding an office of trust or profit under the United States,
shall be appointed an elector.
[[80]The electors shall meet in their respective states, and vote
by ballot for two persons, of whom one at least shall not be an
inhabitant of the same state with themselves. And they shall make
a list of all the persons voted for, 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 shall be the
president, if such number be a majority of the whole number of
electors appointed; and if there be more than one who have such
majority, and have an equal number of votes, then the house of
representatives shall immediately choose by ballot one of them for
president; and if no person have a majority, then from the five
highest on the list, the said house shall in like manner choose
the president. But in choosing the president, the votes shall
be taken by states, the representation from each state having
one vote: A quorum for this purpose shall consist of a member or
members from two thirds of the states, and a majority of all the
states shall be necessary to a choice. In every case, after the
choice of the president, the person having the greatest number of
votes of the electors shall be vice president. But if there should
remain two or more who have equal votes, the senate shall choose
from them by ballot the vice-president.]
The 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.
No person, except a natural born citizen, or a citizen of the
United States at the time of the adoption of this constitution,
shall be eligible to the office of president; neither shall any
person be eligible to that office who shall not have attained
the age of thirty-five years, and been fourteen years a resident
within the United States.
In case of the removal of the president from office, or his death,
resignation, or inability to discharge the powers and duties of
the said office, the same shall devolve on the vice president,
and the congress may by law provide for the case of removal,
death, resignation, or inability, both of 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 shall be elected.
The president shall at stated times receive for his services a
compensation, which shall neither be increased nor diminished
during the period for which he shall have been elected, and he
shall not receive within that period any other emolument from the
United States, or any of them.
Before he enter on the execution of his office, he shall take the
following oath or affirmation:――‘I do solemnly swear (or affirm)
that I will faithfully execute the office of president of the
United States, and will, to the best of my ability, preserve,
protect, and defend the constitution of the United States.’
SEC. II. The president shall be commander-in-chief of the army
and navy of the United States, and of the militia of the several
states, when called into the actual service of the United States;
he may require the opinion, in writing, of the principal officer
in each of the executive departments, upon any subject relating to
the duties of their respective offices, and he shall have power to
grant reprieves and pardons for offences 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 he shall nominate, and by and with the advice
and consent of the senate, shall appoint ambassadors, other public
ministers and consuls, judges of the supreme court, and all other
officers of the United States, whose appointments are not herein
otherwise provided for, and which shall be established by law:
but the congress may by law vest the appointment of such inferior
officers, as they think proper, in the president alone, in the
courts of law, or in the heads of departments.
The president shall have power to fill up all vacancies that may
happen during the recess of the senate, by granting commissions
which shall expire at the end of their next session.
SEC. III. He shall from time to time give to the congress
information of the state of the union, and recommend to their
consideration such measures as he shall judge necessary and
expedient; he may, on extraordinary occasions, convene both
houses, or either of them, and in case of disagreement between
them, with respect to the time of adjournment, he may adjourn
them to such time as he shall think proper: he shall receive
ambassadors and other public ministers; he shall take care that
the laws be faithfully executed, and shall commission all the
officers of the United States.
SEC. IV. 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.
SEC. I. The judicial powers of the United States shall be vested
in one supreme court, and in such inferior courts as the congress
may from time to time ordain and establish. The judges, both of
the supreme and inferior courts, shall hold their offices during
good behavior, and shall, at stated times, receive for their
services a compensation which shall not be diminished during their
continuance in office.
SEC. II. The judicial power shall extend to all cases, in law and
equity, arising under this constitution, the laws of the United
States, and treaties made, or which shall be made under their
authority;――to all cases affecting ambassadors, other public
ministers and consuls;――to all cases of admiralty and maritime
jurisdiction;――to controversies to which the United States shall
be a party;――to controversies between two or more states;――between
a state and citizen 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 ambassadors, other public ministers
and consuls, and those in which a state shall be a party, the
supreme court shall have original jurisdiction. In all the other
cases before mentioned, the supreme court shall have appellate
jurisdiction, both as to law and fact, with such exceptions, and
under such regulations as the congress shall make.
The trial of all crimes, except in cases of impeachment, shall be
by jury; and such trial shall be held in the state where the said
crimes shall have been committed; but when not committed within
any state, the trial shall be at such place or places as the
congress may by law have directed.
SEC. III. 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.
The congress shall have power to declare the punishment of treason;
but no attainder of treason shall work corruption of blood, or
forfeiture, except during the life of the person attainted.
ARTICLE IV.
SEC. I. Full faith and credit shall be given in each state to
the public acts, records, and judicial proceedings of every other
state. And the congress may by general laws prescribe the manner
in which such acts, records and proceedings shall be proved, and
the effect thereof.
SEC. II. The citizens of each state shall be entitled to all
privileges and immunities of citizens in the several slates.
A person charged in any state with treason, felony, or other
crime, who shall flee from justice, and be found in another state,
shall, on demand of the executive authority of the state from
which he fled, be delivered up, to be removed to the state having
jurisdiction of the crime.
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. III. New states may be admitted by the congress into this
union: but no new state shall be formed or erected within the
jurisdiction of any other state; nor any state be formed by the
junction of two or more states, or parts of states, without the
consent of the legislatures of the states concerned as well es of
the congress.
The congress shall have power to dispose of and make all needful
rules and regulations respecting the territory or other property
belonging to the United States; and nothing in this constitution
shall be so construed as to prejudice any claims of the United
States, or of any particular state.
SEC. IV. The United States shall guarantee to every state in the
union, a republican form of government, and shall protect each of
them against invasion: and on application of the legislature, or
of the executive (when the legislature cannot be convened) against
domestic violence.
ARTICLE V.
The congress, whenever two thirds of both houses shall deem it
necessary, shall propose amendments to this constitution, or, on
the application of the legislatures of two thirds of the several
states, shall call a convention for proposing amendments, which,
in either case, shall be valid to all intents and purposes, as
part of this constitution, when ratified by the legislatures of
three fourths of the several states, or by conventions in three
fourths thereof, as the one or the other mode of ratification
may be proposed by 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 debts contracted and agreements entered into, before the
adoption of this constitution, shall be as valid against the
United States under this constitution, as under the confederation.
This constitution, and the laws of the United States which shall
be made in pursuance thereof, and all treaties made, or which
shall be made, under the authority of the United States, shall be
the supreme law of the land; and the judges in every state shall
be bound thereby, any thing in the constitution or laws of any
state to the contrary notwithstanding.
The senators and representatives before mentioned, and the
members of the several state legislatures, and all executive and
judicial officers, both of the United States and of the several
states, shall be bound by oath or affirmation, to support this
constitution: but no religious test shall ever be required as
a qualification to any office of public trust under the United
States.
ARTICLE VII.
The ratification of the conventions of nine states, shall be
sufficient for the establishment of this constitution between the
states so ratifying the same.
AMENDMENTS
To the Constitution of the United States, ratified according to
the provisions of the fifth article of the foregoing Constitution.
[Congress, at its first session, begun and held in the city of
New York, on Wednesday, the 4th of March, 1789, proposed to the
legislatures of the several states, twelve amendments to the
constitution, ten of which, only, were adopted. They are the ten
first following:
The 11th article of the amendments was proposed at the second
session of the third congress, in 1794; and the 12th article at
the first session of the eighth congress in 1804. Both of which
were afterwards adopted by the requisite number of states.]
ARTICLE I. Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press, or the right of
the people peaceably to assemble, and to petition the government
for a redress of grievances.
ART. 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.
ART. 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.
ART. 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.
ART. 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 offence 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.
ART. 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 by the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the
assistance of council for his defence.
ART. VII. In suits of 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.
ART. VIII. Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
ART. IX. The enumeration in the constitution, of certain rights,
shall not be construed to deny or disparage others retained by the
people.
ART. 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.
ART. 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.
ART. XII. The electors shall meet in their respective states,
and vote by ballot for president and vice president, one of
whom, at least, shall not be an inhabitant of the same state with
themselves; they shall name in their ballots the person voted
for as president, and in distinct ballots the 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 lists
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 votes shall be taken by states, the
representation from each state having one vote; a quorum for this
purpose shall consist of a member or members from two thirds of
the states, and a majority of all the states shall be necessary
to a choice. And if the house of representatives shall not choose
a president whenever the right of choice shall devolve upon
them, before the fourth day of March next following, then the
vice-president shall act as president, as in the case of the death
or other constitutional disability of the president. The person
having the greatest number of votes as vice-president shall be the
vice-president, if such number be a majority of the whole number
of electors appointed, and if no person have a majority, then
from the two highest numbers on the list, the senate shall choose
the vice-president; a quorum for the purpose shall consist of
two thirds of the whole number of senators, and a majority of
the whole number shall be necessary to a choice. But no person
constitutionally ineligible to the office of president shall be
eligible to that of vice-president of the United States.
ANALYSIS OF THE STATE CONSTITUTIONS.
MAINE. The legislative power is vested in a senate and a house
of representatives, both elected annually by the people, on the
second Monday in September. These two bodies are together styled
_The Legislature of Maine_. The number of representatives cannot
be less than one hundred, nor more than two hundred. A town
having fifteen hundred inhabitants is entitled to send one
representative; but no town can ever be entitled to more than
seven representatives. The number of senators cannot be less than
twenty, nor more than thirty-one. The executive power is vested in
a governor, who is elected annually by the people, on the second
Monday in September, and his term of office commences on the
first Wednesday in January. A council of seven members is elected
annually on the first Wednesday in January, by joint ballot of
the senators and representatives, to advise the governor in the
executive part of government. The right of suffrage is granted
to every male citizen aged twenty-one years or upwards (excepting
paupers, persons under guardianship, and Indians not taxed),
having had his residence established in the state for the term
of three months next preceding an election. The judicial power
is vested in a supreme judicial court, and such other courts as
the legislature may, from time to time, establish. All the judges
are appointed by the governor, with the advice and consent of the
council; and they hold their offices during good behavior, but not
beyond the age of seventy years.
NEW HAMPSHIRE. A constitution was established in 1784; and in
1792, this constitution was altered and amended, by a convention
of delegates held at Concord, and is now in force. The legislative
power is vested in a senate and house of representatives, which,
together, are styled, _The General Court of New Hampshire_.
Every town, or incorporated township, having one hundred and
fifty ratable polls, may send one representative; and for every
three hundred additional polls, it is entitled to an additional
representative. The senate consists of twelve members, who are
chosen by the people in districts. The executive power is vested
in a governor and a council, which consists of five members. The
governor, council, senators, and representatives, are all elected
annually, by the people, on the second Tuesday in March; and
their term of service commences on the first Wednesday in June.
The right of suffrage is granted to every male inhabitant of
twenty-one years of age, excepting paupers and persons excused
from paying taxes at their own request. The judiciary power is
vested in a superior court and a court of common pleas. Judges
are appointed by the governor and council, and hold their offices
during good behaviour, but not beyond the age of seventy years.
VERMONT. The first constitution of this state was formed in
1777; the one now in operation was adopted on the 4th of July,
1793. The legislative power is vested in a single body, a house
of representatives, elected, annually, on the first Tuesday
in September, and styled _The General Assembly of the state of
Vermont_. The executive power is vested in a governor, lieutenant
governor, and a council of twelve persons, who are all chosen
annually on the first Tuesday in September. They are empowered to
commission all offices; to sit as judges to consider and determine
on impeachments; to prepare and lay before the general assembly
such business as shall appear to them necessary; and have power
to revise and propose amendments to the laws passed by the house
of representatives. The constitution grants the right of suffrage
to every man of the full age of twenty-one years, who has resided
in the state for the space of one whole year, next before the
election of representatives, and is of quiet and peaceable
behavior. The judiciary power is vested in a supreme court,
consisting of three judges and of a county court of three judges
for each county. Judges of the supreme, county and probate courts,
sheriffs, and justices of the peace, are elected annually by the
general assembly. A council of censors, consisting of thirteen
persons, are chosen every seven years, whose duty is to inquire
whether the constitution has been preserved inviolate; whether the
legislative and executive branches of government have performed
their duty as guardians of the people; whether the public taxes
have been justly laid and collected; in what manner the public
moneys have been disposed of; and whether the laws have been duly
executed.
MASSACHUSETTS. The constitution of this state was formed in
1780, and amended in 1821. The legislative power is vested in a
senate and house of representatives, which together are styled
_The General Court of Massachusetts_. The members of the house
of representatives are elected annually on the second Monday
in November. Every corporate town having one hundred and fifty
ratable polls may elect one representative, and another for every
additional two hundred and twenty-five ratable polls.
The senate consists of forty members, who are chosen, by
districts, annually, on the second Monday in November. The supreme
executive magistrate is styled the _Governor of the commonwealth
of Massachusetts_, and has the title of “_His Excellency_.” The
governor is elected annually by the people on the second Monday
in November, and at the same time a lieutenant governor is chosen,
who has the title of “_His Honor_.” The governor is assisted in
the executive part of government by a council of nine members, who
are chosen by the joint ballot of the senators and representatives,
from the senators, and in case the persons elected, or any of them,
decline the appointment, the deficiency is supplied from among the
people at large. The right of suffrage is granted to every male
citizen, twenty-one years of age and upwards (excepting paupers
and persons under guardianship), who has resided within the
commonwealth one year, and within the town or district in which he
may claim a right to vote, six calendar months next preceding any
election, and who has paid a state or county tax, assessed upon
him within two years next preceding such election; and also every
citizen who may be by law exempted from taxation, and who may be
in all other respects qualified as above mentioned. The judiciary
is vested in a supreme court, a court of common pleas, and such
other courts as the legislature may establish. The judges are
appointed by the governor, by and with the advice and consent of
the council, and hold their offices during good behavior.
RHODE ISLAND. The government of this state is founded on the
provisions of the charter granted to the colony by Charles II.,
in 1663; and this is the only state in the union which is without
a written constitution. The legislative power is vested in
a _General Assembly_, consisting of a senate and a house of
representatives. The house of representatives consists of
seventy-two members, elected semi-annually. The senate consists
of ten members, who are elected annually in April. The executive
power is vested in a governor, who is elected annually in April.
A lieutenant governor is also elected, on whom the executive
duties devolve in case of the office of governor being vacated.
The judges are appointed annually by the general assembly.
CONNECTICUT. The charter granted in 1662 by Charles II.,
formed the basis of the government of Connecticut till 1818, when
the present constitution was framed. The legislative power is
vested in a senate and house of representatives, which together
are styled the _General Assembly_. Members of the house of
representatives are chosen by the different towns in the state:
the more ancient towns, the majority of the whole number, send
each two representatives; the rest only one each. The present
number is two hundred and eight. The senate must consist of
not less than eighteen, nor more than twenty-four members, who
are chosen by districts. The present number is twenty-one. The
executive power is vested in a governor. A lieutenant governor
is also chosen, who is president of the senate, and on whom the
duties of the governor devolve in case of his death, resignation,
or absence. The representatives, senators, governor, and
lieutenant governor, are all elected annually by the people on the
first Monday in April. The judicial power is vested in a supreme
court of errors, a superior court, and such inferior courts as the
general assembly may, from time to time, establish. The judges
are appointed by the general assembly; and those of the supreme
and superior courts hold their offices during good behavior, but
not beyond the age of seventy years. No person is compelled to
join, or support, or to be classed with, or associated to, any
congregation, church, or religious association. But every person
may be compelled to pay his proportion of the expenses of the
society to which he may belong: he may, however, separate himself
from the society, by leaving a written notice of his wish with the
clerk of such society.
NEW YORK. The present constitution of the state of New York was
formed in 1822. The executive power is vested in a governor, who
is elected by the people every two years; and at the same time, a
lieutenant governor is also chosen, who is president of the senate,
and on whom, in case of the impeachment, resignation, death, or
absence of the governor, from office, the powers and duties of
governor devolve. The legislative power is vested in a senate of
thirty-two members, who are chosen for four years, and an assembly,
of one hundred and twenty-eight members, who are elected annually;
and these bodies united are styled the _Legislature_. For the
election of senators, the state is divided into eight districts,
each being entitled to choose four senators, one of whom is
elected every year. The members of the assembly are chosen
by counties, and are apportioned according to population. The
constitution grants the right of suffrage, in the election of
public officers, to every white male citizen, of the age of
twenty-one years, who has been an inhabitant of the state one year
next preceding any election, and, for the preceding six months,
a resident in the county where he may offer his vote; but no man
of color is entitled to vote unless he is possessed of a freehold
estate of the value of two hundred and fifty dollars, without
any incumbrance. The chancellor and judges are appointed by the
governor, with the consent of the senate. The chancellor and
justices of the supreme and circuit courts hold their offices
during good behavior, or until they attain the age of sixty years.
The judges of the county courts, or courts of common pleas, are
appointed for a term of five years.
NEW JERSEY. The constitution of New Jersey was formed in 1776;
and no revision of it has since taken place, except that the
legislature has undertaken to explain its provisions in particular
parts. The government is vested in a governor, legislative council,
and general assembly; and these bodies united are styled _the
Legislature_. The members of the legislative council and of the
general assembly are elected annually, on the second Tuesday
in October. The number of members of the legislative council
is fourteen, one being elected by each county in the state.
The general assembly has consisted, for a number of years past,
of forty-three members; but by a law enacted in 1829, seven
additional members were added; and it now consists of fifty
members. The governor is chosen annually by a joint vote of the
council and assembly, at their first joint meeting after each
annual election. The governor is president of the council; and
the council also elect from their own body, at their first annual
meeting, a vice-president, who acts in the place of the governor
in his absence. The governor and council form a court of appeals,
in the last resort in all cases of law; and they possess the
power of granting pardon to criminals after condemnation. The
constitution grants the right of suffrage to ‘all persons of full
age who are worth fifty pounds proclamation money, clear estate in
the same, and have resided within the county in which they claim
to vote for twelve months immediately preceding the election.’
[The legislature has declared by law, that every white male
inhabitant, who shall be over the age of twenty-one years, and
shall have paid a tax, shall be considered worth fifty pounds,
and shall be entitled to vote;――and by another legislative act,
females and negroes are prohibited from voting.] Judges are
appointed by the legislature; those of the supreme court for a
term of seven years, and those of the inferior courts, for five
years; both are capable of being re-appointed.
PENNSYLVANIA. The first constitution of Pennsylvania was adopted
in 1776; the present constitution in 1790. The legislative power
is vested in a _General Assembly_, consisting of a senate and
house of representatives. The representatives are elected annually,
on the second Tuesday in October, by the citizens of Philadelphia
and of the several counties, apportioned according to the number
of taxable inhabitants. The number cannot be less than sixty, nor
more than one hundred. The senators are chosen for four years, one
fourth being elected annually, at the time of the election of the
representatives. Their number cannot be greater than one third,
nor less than one fourth, of the number of the representatives.
The executive power is vested in a governor, who is elected by
the people on the second Tuesday in October, and who holds his
office during three years, from the third Tuesday in December next
following his election; and he cannot hold the office more than
nine years, in any term of twelve years. The judicial power is
vested in a supreme court, in courts of oyer and terminer and
jail delivery, in courts of common pleas, an orphans’ court, a
registers’ court, a court of quarter sessions of the peace for
each county; and in such other courts as the legislature may from
time to time establish. The judges of the supreme court, and the
several courts of common pleas, are appointed by the governor,
and hold their offices during good behavior. The right of suffrage
is possessed by every freeman of the age of twenty-one years, who
has resided in the state two years next preceding an election, and
within that time paid a state or county tax, assessed at least six
months before the election.
DELAWARE. The constitution of this state was formed in 1792, and
amended 1831. The legislature is styled the _General Assembly_,
and consists of a senate and house of representatives. The
senators are nine in number, namely, three from each county, and
are elected for a term of four years. The representatives are
elected for a term of two years, and are twenty-one in number,
seven from each county. The general election is held biennially,
on the second Tuesday in November. The executive power is vested
in a governor, who is elected by the people for a term of four
years, and is not eligible for a second term. Judicial power is
vested in a court of errors and appeals, a superior court, a court
of chancery, an orphans’ court, a court of oyer and terminer,
a court of general sessions of the peace, and jail delivery, a
registers’ court, justices of the peace, and such other courts as
the general assembly may (by a vote of two thirds of each house)
establish. The right of suffrage is granted to every white male
citizen, of the age of twenty-two years or upwards, having resided
in the state one year, next before the election, and the last
month in the county where he votes; and having within two years
paid a county tax. Also, to every free white male over twenty-one,
and under twenty-two years of age, having resided, as aforesaid,
without payment of any tax.
MARYLAND. The constitution of this state was first formed in 1776;
since which time, many amendments have been made. The legislative
power is vested in a senate, consisting of fifteen members, and
a house of delegates, consisting of eighty members; and these two
branches united are styled _The General Assembly of Maryland_.
The members of the house of delegates, four from each county, and
two each from the cities of Baltimore and Annapolis, are elected
annually by the people, on the first Monday in October; and the
members of the senate are elected every fifth year, on the third
Monday in September, at Annapolis, by electors who are chosen by
the people, on the first Monday of the same month of September.
These electors choose by ballot nine senators from the western
shore, and six from the eastern, who hold their offices five
years. The executive power is vested in a governor, who is elected
annually, on the first Monday in January, by a joint ballot of
both houses of the general assembly. No one can hold the office
of governor more than three years successively, nor be eligible
as governor until the expiration of four years after he has been
out of that office. The governor is assisted by a council of five
members, who are chosen annually by a joint ballot of the senate
and house of delegates. The general assembly meets annually (at
Annapolis) on the last Monday in December. The council of the
governor is elected on the first Tuesday in January; the governor
nominates to office, and the council appoints. The constitution
grants the right of suffrage to every free, white, male citizen,
above twenty-one years of age, having resided twelve months
within the state, and six months in the county, or in the city
of Annapolis or Baltimore, next preceding the election at which
he offers to vote. The chancellor and judges are nominated by
the governor, and appointed by the council; and they hold their
offices during good behavior.
VIRGINIA. The old constitution of this state was formed in 1776,
and continued in operation until 1830, when the present amended
constitution was formed by a convention, and accepted by the
people. By this constitution, the legislative power is vested in
a senate and a house of delegates, which are together styled _The
General Assembly of Virginia_. The house of delegates consists of
one hundred and thirty-four members, chosen annually. The senate
consists of thirty-two members. Senators are elected for four
years; and the seats of one fourth of them are vacated every year.
In all elections to any office or place of trust, honor, or profit,
the votes are given openly, or viva voce, and not by ballot. A
re-apportionment for representation in both houses is to take
place every ten years, commencing in 1841, until which time there
is to be no change in the number of delegates and senators from
the several divisions; and after 1841, the number of delegates is
never to exceed one hundred and fifty; nor that of the senators,
thirty-six. The time of election of delegates is fixed by the
general assembly, and at present takes place in April. The
executive power is vested in a governor, elected by the joint vote
of the two houses of the general assembly. He holds his office
three years, commencing on the first of January next succeeding
his election, or on such other day as may be from time to time
prescribed by law; and he is ineligible for the three years next
after the expiration of his term of office. There is a council
of state, consisting of three members elected for three years, by
the joint vote of the two houses: the seat of one being vacated
annually. The senior counsellor is lieutenant governor. Judges
of the supreme court of appeals, and of the superior courts, are
elected by a joint vote of both houses of the general assembly,
and hold their offices during good behavior, or until removed by
a concurrent vote of both houses; but two thirds of the members
present must concur in such vote, and the cause of removal be
entered on the journals of each house. Right of suffrage is
extended to every white male citizen of the commonwealth, resident
therein, aged twenty-one years and upwards, who is qualified
to exercise the right of suffrage according to the former
constitution and laws; or who owns a freehold of the value of
twenty-five dollars; or who has a joint interest to the amount of
twenty-five dollars in a freehold; or who has a life estate in, or
reversionary title to, land of the value of fifty dollars, having
been so possessed for six months; or who shall own and be in the
actual occupation of a leasehold estate, having the title recorded
two months before he shall offer to vote――of a term originally
not less than five years, and of the annual value or rent of two
hundred dollars; or who, for twelve months before offering to vote,
has been a housekeeper and head of a family, and shall have been
assessed with a part of the revenue of the commonwealth within the
preceding year, and actually paid the same.
NORTH CAROLINA. The constitution of North Carolina was agreed to
and resolved upon, by representatives chosen for that purpose, at
Halifax, December 18, 1776. The legislative authority is vested
in a body, styled the _General Assembly_, consisting of a senate
and a house of commons, both elected annually by the people. The
chief executive officer is the governor, who is chosen annually
by a joint vote of the two houses; and he is eligible for three
years only in six. He is assisted by an executive council of seven
members, chosen annually by a joint vote of the two houses. In
case of the death of the governor, his duties devolve upon the
speaker of the senate. Judges of the supreme and superior courts
are appointed by a joint vote of the two houses, and hold their
offices during good behavior. The constitution grants the right of
voting for members of the house of commons to all freemen of the
age of twenty-one years, who have been inhabitants of the state
twelve months immediately preceding the election; but in order to
vote for a senator, a freeman must be possessed of a freehold of
fifty acres of land.
SOUTH CAROLINA. The first constitution of this state was formed
in 1775; the present constitution was adopted in 1790. Legislative
authority is vested in a _General Assembly_, consisting of a
senate and a house of representatives. The senate consists of
forty-five members, who are elected by districts for four years,
one half being chosen biennially. The house of representatives
consists of one hundred and twenty-four members, who are
apportioned among the several districts, according to the number
of white inhabitants and taxation; and are elected for two years.
The representatives, and one half of the senators, are chosen
every second year, on the second Monday in October and the day
following. The executive power is vested in a governor, who is
elected for two years, by a joint vote of the senate and house
of representatives, at every first meeting of the house of
representatives. A governor, after having performed the duties
of the office for two years, cannot be re-elected till after the
expiration of four years. At the time of the election of governor,
a lieutenant governor is chosen in the same manner, and for the
same period. The chancellor and judges are appointed by the joint
ballot of the senate and house of representatives, and hold their
offices during good behavior. The constitution grants the right
of suffrage to every free, white, male citizen, of the age of
twenty-one years, having resided in the state two years previous
to the day of election, and having been possessed of a freehold of
fifty acres of land, or a town lot, at least six months before such
election, or (not having such freehold or town lot) having been a
resident in the election district in which he offers his vote, six
months before said election, and having paid a tax the preceding
year of three shillings sterling towards the support of the
government.
GEORGIA. The first constitution of Georgia was formed in 1777;
a second, in 1785; and a third, the one now in operation, in
1798. The legislative power is vested in a senate and house
of representatives, which, together, are styled the _General
Assembly_. The members of both houses are chosen annually, on the
first Monday in October. One senator is elected for each county,
and the number of representatives is in proportion to population,
including three fifths of all the people of color; but each county
is entitled to at least one, and no one to more than four members.
The executive power is vested in a governor, who was formerly
elected by the general assembly, but he is now (and ever since
1824) elected by the people, and holds the office for two years.
The constitution grants the right of suffrage to all ‘citizens
and inhabitants who have attained the age of twenty-one years,
and have paid all the taxes which may have been required of them,
and which they may have had opportunity of paying, agreeably to
law, for the year preceding the election, and shall have resided
six months within the county.’ The judicial power is vested
in a superior court, and in such inferior jurisdictions as the
legislature may, from time to time, ordain and establish; and the
superior and inferior courts sit twice in each county every year.
Judges of the superior court are elected by the legislature for
three years; justices of the inferior courts, and justices of the
peace, are elected quadrennially by the people; and clerks of the
superior and inferior courts biennially.
ALABAMA. The legislative power is vested in two branches, a senate
and house of representatives, which together are styled _The
General Assembly of the State of Alabama_. The representatives are
elected annually, and are apportioned among the different counties
in proportion to the white population; the whole number cannot
exceed one hundred, nor fall short of sixty. The senators are
elected for three years, and one third of them are chosen every
year. Their number cannot be more than one third, nor less than
one fourth of the number of representatives. The executive power
is vested in a governor, who is elected by the people for two
years, and is eligible four years out of six.
The representatives and one third of the senators are elected
annually on the first Monday in August and the day following; and
the governor is elected biennially at the same time. The general
assembly meets annually at Tuscaloosa, on the fourth Monday in
October. The right of suffrage is possessed by every white, male
citizen of twenty-one years of age, who has resided within the
state one year preceding an election, and the last three months
within the county, city, or town, in which he offers his vote. The
judicial power is vested in one supreme court, in circuit courts,
and such inferior courts as the general assembly may, from time to
time, direct and establish. The judges are elected by a joint vote
of both houses of the general assembly, every six years.
MISSISSIPPI. The constitution of this state was formed at the
town of Washington, in August, 1817, but has been recently revised.
Among the articles of the bill of rights of the new constitution,
there are some, embracing subjects which are elsewhere made
the subject of legislation. In all prosecutions for libel, if
the defendant shall make it appear that the matter charged as
libellous is true, and has been published with good motives and
for justifiable ends, he is to be acquitted. It is also provided
that the person of a debtor, who shall deliver up his estate for
the benefit of his creditors, shall not be detained in prison,
unless there is ‘strong presumption of fraud.’ Another article
declares, that no person shall be elected or appointed to any
office for life, or during good behavior: but the tenure of all
offices shall be for some limited period of time. The principle of
representation is as follows: The legislature is at stated periods
to require an enumeration of the free white inhabitants to be
made, and to cause the whole number of representatives, which is
not to be less than thirty-six, nor more than one hundred, to be
apportioned among the several counties, cities, or towns, entitled
to separate representation, according to the number of free white
inhabitants in each; but each county is to be entitled to at least
one representative. When any city or town shall have a number of
free white inhabitants equal to the established ratio, it is to
have a separate representation; and if the residuum or fraction
in any such city or town, shall, when added to the fraction of
the county in which it lies, be equal to the ratio, the county,
city, or town, having the largest fraction, shall be entitled
to such representation. The senators are at the same time to
be apportioned among several districts, according to the number
of free white inhabitants in each, and their number is not to
exceed one third, or be less than one fourth, of the number
of representatives. These districts are to be formed by the
legislature, at stated periods. The judicial department is to
be constituted as follows: The state is to be divided into three
districts, in which three judges of a high court of errors and
appeals are to be chosen by the people, for the term of six
years. In the first instance, however, the seat of one judge is
to be vacated in two years, that of a second in four, and that
of the third in six, so that there may be a new election in each
of the districts, at the expiration of every two years. Their
jurisdiction is described to be such as properly belongs to a
court of errors and appeals. A circuit court is to be established,
consisting of judges to be elected in districts, into which the
state is to be divided for the purpose, and each of which is to
comprehend not more than twelve, nor less than three counties.
Among the other provisions of this instrument, is the following:
That no loan shall be raised on the credit of the state, nor the
public faith pledged for the redemption of any debt, unless the
bill for that purpose, after passing the legislature, shall be
published, for three months successively, in three newspapers, and
shall be passed a second time by the next succeeding legislature.
LOUISIANA. The constitution of this state was formed in
1812. The legislative power is vested in a senate and house of
representatives, both together styled _The General Assembly of the
State of Louisiana_. The representatives are elected for two years.
Their number cannot be less than twenty-five, nor more than fifty;
and they are apportioned according to the number of electors, as
ascertained by enumeration every four years. Members of the senate
are elected for four years; one half being chosen every two years,
at the time of the election of the representatives. The state is
divided into sixteen senatorial districts, in each of which one
senator is chosen. Executive power is vested in a governor, who
is elected for the term of four years. The people give their votes
for a governor at the time and place of voting for representatives
and senators; and on the second day of the succeeding session of
the general assembly, the two houses, by a joint ballot, elect for
governor one of the two candidates who have the greatest number of
votes. Right of suffrage is possessed by every white male citizen
of the United States, of the age of twenty-one years, who has
resided in the county in which he offers to vote one year next
preceding the election, and who, in the last six months prior to
said election, has paid a state tax. Judiciary power is vested in
a supreme court, which possesses appellate jurisdiction only, and
such inferior courts as the legislature may establish. The judges
are appointed by the governor, with the advice and consent of the
senate, and hold their offices during good behavior.
TENNESSEE. The constitution of this state was formed at Knoxville,
in 1796. Legislative authority is vested in a general assembly,
consisting of a senate and house of representatives; and the
members of both houses are elected biennially, on the first
Thursday and Friday in August. The number of representatives is
sixty, who are apportioned among the different counties, according
to the number of taxable inhabitants. The number of senators
cannot be less than one third, nor more than one half, of the
number of representatives. The executive power is vested in a
governor, who is elected at the same time with the senators and
representatives, and who holds his office for the term of two
years, but is not eligible more than six years in any term of
eight. The right of suffrage is granted to every freeman of the
age of twenty-one years, possessing a freehold in the county
where he offers his vote, and to every freeman who has been an
inhabitant of any one county in the state, six months immediately
preceding the day of election. Judiciary power is vested in such
superior and inferior courts, as the legislature may from time to
time direct and establish. The judges are appointed by a joint
ballot of both houses, and hold their offices during good behavior.
KENTUCKY. On the separation of Kentucky from Virginia, in 1790,
a constitution was adopted, which continued in force till 1799,
when a new one was formed instead of it; and this is now in
force. The legislative power is vested in a senate and house
of representatives, which, together, are styled _The General
Assembly of the Commonwealth of Kentucky_. The representatives
are elected annually, and are apportioned, every four years, among
the different counties, according to the number of electors. The
senators are elected for four years, one quarter of them being
chosen annually. The executive power is vested in a governor, who
is elected for four years, and is ineligible for the succeeding
seven years after the expiration of his term of office. At the
election of governor, a lieutenant governor is also chosen, who
is speaker of the senate, and on whom the duties of the governor
devolve, in case of his absence or removal. The constitution
grants the right of suffrage to every free male citizen (people
of color excepted) who has attained the age of twenty-one years,
and has resided in the state two years, or in the county where he
offers his vote one year next preceding the election. Judiciary
power is vested in a supreme court, styled the court of appeals,
and in such inferior courts as the general assembly may, from time
to time, erect and establish. Judges of the different courts, and
justices of the peace, hold their offices during good behavior.
OHIO. The constitution of this state was formed at Chillicothe,
in 1802. The legislative power is vested in a senate and house of
representatives, which, together, are styled _The General Assembly
of the State of Ohio_. The representatives are elected annually,
on the second Tuesday in October; and they are apportioned among
the counties according to the number of white male inhabitants
above twenty-one years of age. Their number cannot be less than
thirty-six, nor more than seventy-two. The senators are chosen
biennially, and are apportioned according to the number of white
male inhabitants of twenty-one years of age. Their number cannot
be less than one third, nor more than one half of the number of
representatives. The executive power is vested in a governor,
who is elected by the people for two years. Right of suffrage is
granted to all white male inhabitants above the age of twenty-one
years, who have resided in the state one year next preceding
the election, and who have paid, or are charged with a state
or county tax. Judicial power is vested in a supreme court, in
courts of common pleas for each county, and such other courts as
the legislature may from time to time establish. The judges are
elected by a joint ballot of both houses of the general assembly,
for the term of seven years.
INDIANA. Executive power is vested in a governor, who is
elected by the people for a term of three years, and may be once
re-elected. At every election of governor, a lieutenant governor
is also chosen, who is president of the senate, and on whom, in
case of the death, resignation, or removal of the governor, the
powers and duties of governor devolve. The legislative authority
is vested in a general assembly, consisting of a senate, the
members of which are elected for three years, and a house of
representatives, elected annually. The number of representatives
can never be less than thirty-six, nor more than one hundred; and
they are apportioned among the several counties, according to the
number of white male inhabitants above twenty-one years of age.
The number of senators, who are apportioned in like manner, cannot
be less than one third, nor more than one half of the number of
representatives. The representatives, and one third of the members
of the senate, are elected annually, on the first Monday in August;
and the governor is chosen on the same day, every third year.
Right of suffrage is granted to all male citizens of the age of
twenty-one years or upwards, who may have resided in the state
one year immediately preceding an election. Judiciary power is
vested in one supreme court, in circuit courts, and in such other
inferior courts as the general assembly may establish. The supreme
court consists of three judges; and each of the circuit courts
consists of a president and two associate judges. Judges are
all appointed for the term of seven years. Judges of the supreme
court are appointed by the governor, with the consent of the
senate; presidents of the circuit courts, by the legislature;
and associate judges are elected by the people.
ILLINOIS. The legislative authority is vested in a general
assembly, consisting of a senate, the members of which are
elected for four years; and of a house of representatives, elected
biennially. ‘The number of representatives shall not be less
than twenty-seven, nor more than thirty-six, until the number of
inhabitants within the state shall amount to one hundred thousand;
and the number of senators shall never be less than one third, nor
more than one half of the number of representatives.’ Executive
power is vested in a governor, who is elected by the people for
four years; and he is not eligible for more than four years in
any term of eight years. At the election of governor, a lieutenant
governor is also chosen, who is speaker of the senate; and on
whom, in case the governor vacates his office, the duties of
governor devolve. Representatives, and one half of the senators,
are elected biennially, on the first Monday in August; and the
governor is chosen every fourth year, at the same time. All
white male inhabitants, above the age of twenty-one years, having
resided in the state six months next preceding an election, have
the rights of electors. The judicial power is vested in a supreme
court, and in such inferior courts as the general assembly may
establish. The judges are appointed by a joint ballot of both
branches of the general assembly, and hold their offices during
good behavior.
MISSOURI. The constitution of this state was formed at
St. Louis, in 1820. Legislative power is vested in a general
assembly, consisting of a senate and house of representatives.
Representatives are chosen every second year. Every county is
entitled to at least one representative; but the whole number
can never exceed one hundred. The senators are elected for four
years; the seats of one half being vacated every second year. The
constitutional number is not less than fourteen, nor more than
thirty-three. They are chosen by districts, and are apportioned
according to the number of free white inhabitants. Executive power
is vested in a governor, who is elected for four years, on the
first Monday in August; and he is ineligible for the next four
years after the expiration of his term of service. At the time of
the election of governor, a lieutenant governor is also chosen,
who is, by virtue of his office, president of the senate. Right of
suffrage is granted to every white male citizen who has attained
the age of twenty-one years, and has resided in the state one year
before an election, the last three months thereof being in the
county or district in which he offers his vote. Judicial power is
vested in a supreme court, in a chancellor, circuit courts, and
such other inferior tribunals as the general assembly may, from
time to time, establish. Judges are appointed by the governor, by
and with the advice and consent of the senate; and they hold their
offices during good behavior, but not beyond the age of sixty-five
years.
MICHIGAN. The Constitution of this State was formed in 1835.
The legislative power is vested in a senate and house of
representatives; the number of representatives is never less
than forty-eight, nor can it exceed one hundred; and the senate
is to equal one third of the house, as nearly as may be. The
representatives are to be chosen annually on the first Monday of
November, and the day following; on the same days, once in two
years, the senators are elected. The State is divided, at each
new apportionment, into not less than four, nor more than eight
senatorial districts. The legislature commences its session on
the first Monday of January. The executive power is vested in
a governor and lieutenant governor, who are chosen directly
by the people once in every two years. The lieutenant governor
is president of the senate, and in the absence of the governor
performs the duties of his office. The judicial power is vested
in a supreme court, and such other courts as the legislature may
establish. The judges of the supreme court hold their office for
seven years. They are appointed by the governor, by and with the
advice and consent of the senate.
The right of suffrage is possessed by all white male citizens over
twenty-one years of age, who have resided in the state six months
preceding any election in the townships where they reside. Slavery
and involuntary servitude are forbidden in the state, except for
crime.
ARKANSAS. Every free white male citizen of the United States,
who shall have been a citizen of the State for six months,
shall be deemed a qualified elector. Members of the house of
representatives are to be elected for two years, and of the senate
for four years. The general assembly meets every two years. All
general elections are to be _viva voce_. The senate can never
consist of less than seventeen, nor more than thirty-three members.
The house of representatives shall consist of not less than
fifty-four, nor more than one hundred. The governor is to hold
his office for four years, but shall not be eligible for more
than eight years in any period of twelve years. Tho judicial power
is vested in a supreme court, circuit courts, and in justices
of the peace. The supreme court consists of three judges. Its
jurisdiction is appellate. The official terms of the judges of the
supreme court is eight years; of the judges of the circuit court,
four years. They are chosen by the general assembly. Justices of
the peace are elected for two years, by the people.
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A Book of the United StatesChapter XXXVII: Section I: The executive power shall be vested in a president of
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