Gambar halaman
PDF
ePub

18. Offices Forbidden. No member of Congress shall be elected to any office of the United States, created, or the emoluments of which shall have been increased, during his time of election.

19. Veo. Ali bills of both Houses must be approved and signed by the President. If he does not return the bill within ten days, Sun. day excepted, it shall be a law; if he returns it with his velo, the bill with his objections may be reconsidered, and, if approved by a twothird vole, become a law. The same shall take place with orders and resolutions of both Houses, except the resolution on the question of adjourninent.

20. Treasury. The treasury of the United States shall be filled by direct taxes raised by the State treasurers. The quota of the Congress shall have a preference before all other payments from the State treasuries. The treasury accounts shall be published from time to time.

21. Appropriation Laws. Financial bills may originate in either House. Payments by the treasurer can be made only in conformity with appropriation laws.

22. Unconstitutional Laws. Any law enacted hy Congress beyond their authority may be declared unconstitutional by the United States tribunal.

23. Tribunal. The judicial power of the United States shall belong to the United States Tribunal, consisting of five members.

24. Jurisdiction. They shall have original jurisdiction a. In all cases affecting consuls, or other public agents and ministers. b. In all cases where the Union or a State shall be a party. c. In all cases arising under the Constitution. They shall have only appellate jurisdiction in cases between parties of different States, and foreign citizens and citizens of the United States.

25. Trials before the United States Tribunal shall be without juries, except at the instance of the parties.

26. This Tribunal shall have, for the dispatch of business, the right to select a County Court of any State, to try the cases belonging to its jurisdiction.

27. Common Law. It shall give, from time to time, its opinion to Congress on the state of the laws and jurisprudence throughoul the Union ; its decisions in law shall be the principal basis of American public and common law.

28. Duration of Office. The members of this Tribunal shall hold their offices during good behavior.

29. Foreign Laws. Reference to foreign laws shall not be allowed in questions belonging to its jurisdiction.

30. No Circuit Court. This Tribunal is no Circuit Court. Its permanent seat is where Congress meets.

31. President. The executive power of the Federal Congress shall be vested in a President of the United States of -, and in case of vacancy, in the Vice President; and if both should be out of office, by that person who shall be declared acting President by Congress in joint ballot. Plurality of votes shall decide.

32. Office Time. The President shall hold his office during the term of four years, together with the Vice President. He is not re-eligi. ble after the expiration of four years, but later. once more.

33. Qualification. No person shall be President who has not been a

member of Legislatures, Congress, or the higher Courts, for at least eight years.

34. Election. The President and Vice President shall be elected on the first Monday of by the qualified voters. Plurality of votes shall decide.

35. Salary. The salaries of both the President and Vice President and other officers of Congress, shall be fixed by law.

36. Installation. Before entering his office, the President shall give and sign the following official promise,

That he will faithfully execute the office of the President of the United States, and will, to the best of his ability, preserve the Constitution of the United States of

37. Consuls. The President shall appoint and remove all federal officers, consuls, and special agents, in conformity with laws regulating this power, and shall receive foreign diplomatists.

38. War. The President shall be, in case of a hostile foreign invasion, which could not be prevented by negotiation, Commander-inChief of all the forces of the Union. He shall not be allowed to call to arms, until the qualified voters of the Union have decided in favor of defensive war.

39. If war has been resolved upon by the voters, all male persons, able to bear arms, from eighteen to forty years of age, shall be, so far as necessary, mustered into service for self defence. The armed men in towns shall elect their officers and commanders; these shall elect the county officers and commanders, and these last the commander of the State forces. The President shall give the commissions. All shall lay down their arms when ordered by the President or respective Governors.

40. No armed force shall be used beyond the limits of the United States.

41. No land shall be acquired by force of arms.

42. Annexation. Applications for the admission of new States into the Union shall be transmitted to the President, who shall lay them, together with the accompanying documents, as constitution, census, approbation of the Federal Constitution, &c., before Congress. If both President and Congress have no objections, the question of admission shall be brought before the qualified voters for ratification, and if their decision be favorable, the annexation shall take place, otherwise not,

43. Self-Government. The freemen of the United States of are pledged not to admit any other form of government than that which is founded upon the principle of self-government with representative forms.

44. Laws. The legislative bodies, courts and tribunals in the United States shall do all in their power to render the laws and judicial proceedings simple and uniform all over the Union.

45. Public Faith. Full faith and credit shall be given, in each State, to the public Legislative acts, judicial records, and executive documents of every other State,

46. Public and Comman Law. It shall be (American) public and common law

a. That each actual primitive settler or pioneer on wild, unpossessed and unappropriated land shall be entitled to - acres, of which he shall be obliged to give as much land as is required for public works,

as land, stone, water, and iron, roads and similar public improvements, without compensation.

6. That a town containing over 2000 voters shall be divided into two lowus, and a county containing over 20,000 voters into two counties, and a State containing over 200.000 voters, into two States.

c. That simple discovery, not followed by possession and occupation, shall give no right of properly to land.

d. That what is called on the eastern continent, sovereignty, shall belong in America, to the freemen.

e. That neither Congress nor any State shall embark in any business of a private character, or which may be done by towns and counties; or shall contract any debts, or authorize or make for themselves any paper inoney, under whatever name or form.

f. That no law shall be made granting licenses, charters, incorpora. tion acts, levying indirect taxes, allowing personal privileges, or interfering in any way with the liberty of education, instruction, and honest industry in the widest sense of the words, and the right of voting, which shall belong exclusively to all male persons over twenty-one years of age, who are or have been married ; are sufficiently able to speak, read and write the language in public use; and, when immigrants, have resided one year in the town where the vote is to be cast.

g. That in case a dispute between Congress and a foreign govern. ment about boundary lines cannot be amicably settled; the freemen occupying the dispuied land shall decide the question, instead of having recourse to arbitration. A board of three agents, (one from each government and one appointed by the freemen in question,) shall take the votes upon the question thus, --if the freemen wish to form a State of their own, or wish to join either of the disputing States or Govern.

The result of this vote shall decide the dispute. About unsettled wild land no dispute shall take place.

h. That there shall not be any resort to arms about State affairs.

i. That no capital punishment shall take place in the Union, neither sball excessive bail or fines be required, and that in all criminal cases an inquest of the grand jury shall be had.

j. That in all civil and criminal cases a trial by the common jury shall take place, with the exception of cases pending before the United States Tribunal and Supreme Courts of the States.

k. That any person using physical violence against unarmed public officers in the discharge of their official duties, shall forfeit all political rights, uptil restored by a special vote of ihe lown in which he resides.

1. That the State and Federal Constitutions shall be construed thus, -never to interfere with the rights of self-government, but only to pro tect and guarantee them.

47. Alterations. Alterations of this Constitution shall take place either by a two-thirds vote of Congress, approved by a majority of the State Legislatures, or after fifty years from its establishment; when the question shall be laid before the freemen. whether they wish to elect a Convention to amend and alter the Constitution, or not.

Date.

ments.

C.

EXTRACTS FROM THE

CONSTITUTIONS OF THE UNITED STATES AND OF KENTUCKY.

ConstituTION OF The United States, ARTICLE I., Section 2, $ 3." Representatives and direct taxes shall be apportioned among the several States which may be included within his Union, according to their respective numbers, which shall be deiermined by adding 10 the whole number of free persons. INCLUDING THOSE BOUND TO SERVICE FOR A TERM OF YEARS, and excluding Indians not taxed, three-fifths of all other persons,” &c.

CONSTITUTION OF Kentucky. ARTICLE 7, CONCERNING SLAVES, $ 1.“The general assembly shall have no power to pass laws for the emancipation of slaves without the consent of their owners, or without paying their owners, previous to such emancipation, a full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall be conunued in slavery by the laws of this State. They shall pass law's to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a charge to any county in this commonwealth. They shall have full power to prevent slaves being brought into this Siate as merchandize. They shall have full power to prevent any slaves being brought into this State, who have been, since the first day of January, one thousand seven hundred and eighty. nine, or may hereafter be, imported into any of the United States from a foreign counıry. And they shall have full power to pass such laws as may be necessary to oblige the owners of slaves to treat them with humanity, to provide for them necessary clothing and provision, to abstain from all injuries to them extending to life, or limb, and in case of their neglect or refusal to comply with the directions of such laws, to have such slaves sold for the benefit of their owner or owners.

2. In the prosecution of slaves for felony, no inquest by a grand jury shall be necessary, but the proceedings in such prosecutions shall be regulated by law, except that the general assembly shall have no power to deprive them of the privilege of an impartial trial by a petit jury."

D.

NEW CONSTITUTION OF THE STATE OF NEW YORK. EXAMINED ACCORDING TO THE PRINCIPLES OF SELF-GOVERN

MENT LAID DOWN IN THIS BOOK. WE, the People, of the State of New York, grateful to ALMIGHTY Gop for our Freedom, in order to secure its blessings, do establish thi Constitution :

Instead of “ People” should be said freemen, because servants, children, &c. who are comprised in the word people, do not make constitutions.

ARTICLE 1. Bill of Rights.-No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.

Superfluous, because there are no peers in America. The sentence is faulty also if the word "peers” should be used instead of "equals."

2. The trial by jury, in all cases in which it has been heretofore used, shall remain in violate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.

The word "forever" is wrong; men cannot do much of any thing which lasts forever.

3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinion on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. Superfluous.

4. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.

5. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained.

6. No person shall be held to answer for a capital or otherwise infamous crime, (except in cases of impeachment, and in cases of the militia, when in actual service ; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace; and in cases of petit larceny, under the regulation of the Legislature,) unless on presentment or indictment of a Grand Jury, and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence; 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. Belongs not exactly in a Constitution.

7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road, and the amount of all damage to be sustained by the opening thereof, shall be first deter. mined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefitted. The same as abore.

8. Every citizen may freely speak, write, and publish his sentiments on all sulijects, being responsible for the abuse of that right; ano no

« SebelumnyaLanjutkan »