Imágenes de páginas


[ocr errors]

jury, shall be otherwise re-examined in any Court of the l'nited States, than cording to the rules of the common law.

ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

ARTICLE ix. The enumeration in the Constitution, of certain rights, shall not be, construed to deny or disparage others retained by the people.

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.

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

The Electors shall meet in their respective states and vote by ballot for
President and Vice-Presideut, one of whomi, at least, shall not be an inhabitant
of the same state with themselves; they shall name in their ballots the per-
son voted for as President, and in distinct ballots the person voted for as
Vice-President, and they shall make distinct lists of all person's voted for as
l'resident and of all persons voted for as Vice-President, and of the number
of votes for each, wbich lists they shall sign and certify, and transmit
sealed to the seat of the government of the United States, directed to the
President of the Senate : The President of the Senate shall, in presence
of the Senate and House of Representatives, open all the certificates and the
rutes shall 'then be counted :-The person having the greatest number of votes
for President. shall be the President, if such number be la majority of the
whole number of Electors appointed; and if no person have such 'majority,
then from the persons having the highest numbers not exeeeding 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 eaeh state having one vote;
a quorum for this purpose shall consist of -a member or members froni two-
thirds of the states, and a majority of all the states shall be necessary to å
choice. And if the House of Representatives shall not choose a President when-
ever the right of choice shall devolve upon them, betore, the fourth day of
Jarch next following, then the Vice-President shall act as President, as in the
case of the death or other constitụtional 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 ap-
pointed, and if no person hare a majority, then 'from the two highest numbers
on the list, the Senate shall choose the Vice-President;' a quorum for the pur-
juose shall consist of two-thirds of the whole mumber of Senators, and a ma-
jority 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. .

The Eleventh Amendment of the Constitution was submitted to the legislatures of the several states by a resolution of Congress adopted on March 5, 1794, and was declared adopted on January 8, 1798.

'The Twelfth Amendment of the Constitution was submitted to the legislatures of the several states by a resolution of Congress passed on December 12, 1803; it was designed to supersede the original third paragraph of Section 1 of Article II ; it was declared in force by a proclamation of the secretary of state dated September 25. 1804.

[ocr errors]

ARTICLE XIII.9 SECTION 1. Veither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the t'nited States, or any place subject to their jurisdiction.

SECTION 2. Congress shall have power to enforce this article by appropriate legislation.

ARTICLE XIV.10 SECTION 1. All persons born or naturalized in the l'nited States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the l'nited States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

SECTION 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in ('ongress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be l'educed in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

SECTION 3. No person shall be a Senator or Representative in ('ongress, or elector of President and Vice-President, or hold any ottice, civil or military. under the United States, or under any State, who, having previously taken an oath, as a member of ('ongress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same. or given aid or comfort to the enemies thereof. But Congress may hy a vote of two-thirds of each House, remove such disability.

SECTION 4. The validity of the public debt of the United States, authorized by law, ineluding debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

SECTION 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.'

ARTICLE SECTION 1. The rights of the citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude-,

SECTION 2. The Congress shall have power to enforce this article by appropriate legislation.

"The Thirteenth Amendment of the Constitution was submitted to the legislatures of the several states by a resolution of Congress passed on February 1, 1865; it was declared in force by a proclamation of the secretary of state dated December 18, 1865.

10The Fourteenth Amendment of the Constitution was submitted to the legislatures of the several states by a resolution of Congress passed on June 16, 1866, and was declared in force by a proclamation of the secretary of state issued on July 28, 1868.

11 The Fifteenth Amendment was submitted to the legislatures of the several states by a resolution of Congress passed on February 27. 1869, and was declared in force by a proclamation of the secretary of state issued on March 30, 1870.

ARTICLE XVI.12 The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

ARTICLE XVII.13 The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall hare one yote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Prorideil, That the legislature of any State may empower the executive thereof to make temporary appointment until the people fill the vacancies by election as the legislature may direct,

This amendment shall not be so construed so as to affect the election or term of any Senator chosen before it becomes valid is part of the Constitution.

RATIFICATION OF THE SIXTEENTH AMENDMENT. The Sixteenth Amendment was ratified by the legislatures of the several states as follows: Alabama, August 17, 1909; Kentucky, February 8, 1910 ; South Carolina, February 23, 1910; Illinois, March 1, 1910 ; Mississippi, March 11. 1910; Oklahoma, March 14, 1910; Maryland, April 8, 1910; Georgia, August 3, 1910; Texas, August - 17, 1910; Ohio, January 19, 1911; Idaho, January 20, 1911; Oregon, January 23, 1911; Washington, January 26, 1911; California, January 31, 1911; Montana, January 31, 1911; Indiana, February 6, 1911; Nevada, February 8, 1911; Nebraska, February 11, 1911; North Carolina, February 11, 1911; Colorado, February 20, 1911; North Dakota, February 21, 1911; Michigan, February 23, 1911; Iowa, February 27, 1911; Kansas, March 6, 1911; Missouri, March 16, 1911; Maine, March 31, 1911; Tennessee, April 11, 1911; Arkansas, April 22, 1911; Wisconsin, May 26, 1911; New York, July 12, 1911: South Dakota, February 3, 1912 ; Arizona, April 9, 1913; Minnesota, . June 12, 1912; Louisiana, July 1, 1912; Delaware, February 3, 1913; Wyoming, February 3, 1913; New Jersey, February 5, 1913; New Mexico, February 5, 1913 : Connecticut, Rhode Island and Utah rejected the amendment. Vermont, Massachusetts, New Hampshire and West Virginia ratified the amendment after the secretary of state had issued his proclamation declaring it in force.

RATIFICATION OF THE SEVENTEENTH AMENDMENT. The Seventeenth Amendment was ratified by the legislatures of the several states as follows: Massachusetts, May 22, 1912 ; Arizona, June 3, 1912; Minnesota, June 10, 1912; New York, January 15, 1913; Kansas, January 17, 1913; Oregon, January 23, 1913; North Carolina, January 25, 1913; California, January 28, 1913; Michigan, January 28, 1913; Idaho, January 31, 1913: West Virginia, February 4, 1913; Nebraska, February 5, 1913; Iowa, February 6, 1913; Montana, February 7, 1913; Texas, February 7, 1913; Washington, February 7, 1913; Wyoming, February 11, 1913 ; Colorado, February 13, 1913 : Illinois, February 13, 1913; North Dakota, February 18, 1913; Nevađa, February 19, 1913; Vermont, February 19, 1913; Maine, February 20, 1913 ; New Hampshire, February 21, 1913 : Oklahoma, February 24, 1913; Ohio, February 25, 1913 : South Dakota, February 27, 1913; Indiana, March 6, 1913; Missouri, March 7, 1913; New Mexico, March 15, 1913; New Jersey, March 18, 1913; Tennessee, April 1, 1913; Arkansas, April 14, 1913 : Connecticut, April 15, 1913 ; Pennsylvania, April 15, 1913; and Wisconsin, May 9, 1913.

1 The Sixteenth Amendment was submitted to the legislatures of the several states by a resolution of Congress passed on July 12, 1909, and was declared in force by a proclamation of the secretary of state issued on February 25, 1913.

iThe Seventeenth Amendment was submitted to the legislatures of the several states by a resolution of Congress passed on May 16, 1912, and was declared in force by a proclamation of the secretary of state issued on May 31, 1913.

CONSTITUTION OF ALABAMA-1901.* We, the people of the State of Alabama, in order to establish justice, insure domestic tranquility and secure the blessings of liberty to ourselves and our posterity, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government for the State of Alabama :



[ocr errors]

That the great, general and essential principles of liberty and free government may be recognized and established, we declare:

1. That all men are equally free and independent; that they are endowed by their ('reator with certa in inalienable rights; that among these are life, liberty and the pursuit of happiness.

2. That all political power is inherent in the people,' and all free governments are founded on their authority and instituted for their benefit; and that, therefore, they have at all times an inalienable and indefeasible right to change their form of government in such manner as they may deem expedient.

3. That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination or mode of worship; that no one shall be compelled by law to attend any place of worship; nor to pay any tithes, taxes or other rates for building or repairing any place of worship, or for inaintaining any minister or ministry; that no religious test shall be required as al qualification to any office or public trust under this State; and that the civil rights, privileges and capacities of any citizen shall not be in any manner affected by his religious principles.

t. That no law shall ever be på ssed to curtail or restrain the liberty of speech or of the press; and any person may speak, write and publish bis sentiments on all subjects, being responsible for the abuse of that liberty.

7. That the people shall be secure in their persons, houses, papers and possessions from ureasonable seizures or searches, and that no warrants shall issue to search any place or to seize any person or thing without probable cause, supported by oath or affirmation.

6. That in all criminal prosecutions the accused has a right to be heard by himself and counsel, or either; to demand the nature and cause of the accusation and to have it (opy thereof; to be confronted by the witnesses against him ; to have compulsory process for obtaining witnesses in his favor; to, testify in all cases in his own behalf, if he elects so to do;, and in all prosecutions by indictment: a speedy public trial, by an impartial jury of the county or district in which the offense was committed ; and he shall not be compelled to give evidence against himself, nor be deprived of life, liberty. or property, except by due process of law; but the Legislature may, by a general law, provide for a change of venue at the instance of the defendant in all prosecutions by indictment, and such change of venue on application of the defendant, may be heard and determined without the personal presence of the det'endant so applying therefor: provided, that at the time of the application for the change of venue, the defendant is imprisoned in jail or some legal place of confinement.

7. That no person shall be accused, or arrested, or detained, except in cases ascertained by law, and according to the form which the same has prescribed; and no person shall be punished but by virtue of a law established and promulgated prior to the offense and legally applied.

*The constitution of Alabama was framed by a convention which assembled at Montgomery on May 21, 1901, and adjourned on September 3, 1901; it was ratified on NoVember 11, 1901, by a vote of 108,613 to 81,734, and was declared in force on November 28, 1901. The constitution was submitted as a whole and no proposition was submitted separately.

S. That no person shall for anya- indictable offense be proceeded against eriniinally by information, except in cases arising in the militia and volumteer forces when in aetual service, or when assenibled under arms as a military organization, or, by lease of the court, fór mist'easance, misdemeanor, extortion and oppression in office, otherwise than is provided in this constitution'; provided, that in cases of misdemeanor, the Legislature may by law dispense with a Grand Jury and authorize such prosecutions and proceedings before Justices of the Peace or such other inferior courts as may be by law established.

9. That no person shall, for 'the same offense, be twice jnt in jeojiardy of life or limb; but courts may, for reasons fixed by law, discharge juries from the consideration of any case, and no person shall gain any advantage by reason of such discharge of the jury.

10. That no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party.

11. That the right of trial by jury shall remain inviolate,

12. That in all prosecutions for libel or for the publication of papers inTestigating the official conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indictments for libel, the jury shall have the right to determine the law and the facts under the direction of the court.

13. That all courts shall be open; and that every person for any injury done him in his lands, goods, person or reputation, shall have a remedy by due process of law; and right and justice shall be administered without sale,, denial or delay. 14. That the State of Alabama shall never be made a defendant, in

any court of law or equity.

15. That excessive fines shall not be imposed nor cruel or unusual punishment inflicted.

16. That all persons shall, before conviction, be bailable by suitficient sureties, except for capital offenses, when the proof is evident or the presumption great; and that excessive bail shall not in any case be required.

17. That the privilege of the writ of habeas corpus shall not be suspended by the authorities of this State.

18. That treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort;, and that no person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or his own confession in open court.

19. That no person shall be attainted of treason by the Legislature; and no conviction shall work corruption of blood or fort'eiture of estate.

20. That no person shall be imprisoned for debt.

21. That no power of suspending laws shall be exercised except by the Legislature.

22. That no er post facto law, nor any law impairing the obligation of contracts, or making any irrevocable, or exclusive grants of special privileges or immunities. shall be passed by the Legislature; and every grant of a franchise. privilege or immunity, shall forerer, remain subject to revocation, alteration or amendment.

23. That the exercise of the right of eminent doniain shall never be abridged mor so construed as 'to prevent the Legislature from taking the property and franchises of incorporated companies, and subjecting them to public use in the same manner in which the property and franchises of individuals are taken and subjected; but private property shall not be taken for, or applied to, public use. unless just compensation be first made therefor; nor shall private property be taken for private use, or for the use of corporations, other than imicipal. without the consent of the owner: provided, however, the Legislature may by law secure to persons or corporations the right of war over the lands of other persons or corporations, and by general laws provide for imd regulate the exercise by persons and corporations of the rights herein reserved: but just compensation shall in alí cases be first made to the owner; and provided, that the

« AnteriorContinuar »