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officers in all the States on the same day: Pro-1 1873, January 6~Mr. PORTER proposed a new vided, That such elections during every fourth article: year shall be held on the same day as the presi- The House of Representatives shall be comdential election, and during every second year posed of members chosen every fourth year by on the same day as congressional elections: the people of the several States, and the electors And provided further, That this article shall not in each State shall have the qualifications re. be construed as prohibiting any State from hold-quisite for electors of the most numerous branch ing its elections for the choice of State officers of the State Legislature. less frequent than once in each year.
| The election for members shall take place at December 9--Mr. BANKS proposed a new ar- the same time as provided by law for the apticle:
pointment of electors of President and Vice The executive power shall be vested in a Pres- President. ident of the United States of America. He shall January 13–Mr. BENJAMIN F. MEYERS prohold his office during the term of six years. No posed a new article: person elected to the office of President shall Congress shall have power to impose duties on thereafter be eligible for re-election.
imports and collect the same for the payment of The Vice President shall hold his office during the principal and interest of the public debt of the term of six years. The President and Vice the United States, but for no other purpose. President shall be chosen by the electors qualified The present public debt of the United States to vote in the election of Representatives to the shall be consolidated at a uniform rate of interCongress of the United States at an election est to be fixed by Congress, and shall be extinwhich shall be held for that purpose, on the guished by the payment of fifty millions of dolsame day appointed in the several States for the lars of the principal annually, and the interest election of Representatives to Congress, in such thereon shall be paid semi-annually. The curmanner and under such regulations as Congress rent annual expenses of the Government of the may by law direct.
United States shall be assessed upon the several December 9-Mr. COGHLAN proposed a new States and Territories in the proportion that the article:
valuation of property in each State and Territory The public lands of the United States (mineral bears to the aggregate valuation of the property lands excepted) shall not be disposed of except of all the States and Territories as returned in to actual settlers thereon, for homestead pur the latest census, notice to be given annually to poses only, and in quantities limited by general the Executive of each State and Territory of laws.
such assessment by the President of the United December 20—Mr. PORTER proposed a new States; and if any State or Territory fail to pay article:
the sum so assessed upon it into the Treasury of The President and Vice President shall be the United States within one year after notice chosen by the electors qualified to vote for Rep-has been given to its Executive of such assessresentatives to the Congress. The person hav- ment, the United States shall collect it in such ing the greatest number of votes for President manner as Congress may prescribe. shall be the President; and if there be two or January 13-Mr. PORTER proposed a new artimore receiving the highest numbers, and who cle: have an equal number of votes for President, The Congress, whenever three-fifths of both then the House of Representatives shall choose, Houses shall deem it necessary, may propose by a viva voce vote, one of them for President; a amendments to this Constitution, or may call a quorum for this purpose shall consist of two convention for proposing amendments and revisthirds of the Representatives elected to the Con- ing the Constitution, and shall call such convengress; and if upon the first vote no one shall tion on the application of the legislatures of any have a majority of the whole number of said number of States embracing three-fifths of the Representatives, the House shall immediately enumerated population of the several States, proceed to a second vote, in which a plurality of which in either case shall be valid, to all intents votes shall prevail; but if there be two or more and purposes, as part of this Constitution, when receiving the highest numbers, and who have approved and ratified by a majority of the electequal votes, then the Speaker shall determine ors in the several States voting thereon, and the question by announcing his vote. The per-qualified to vote for Representative to the Conson having the greatest number of votes for Vice gress. President shall be the Vice President; and if February 17-Mr. PORTER proposed a new there be two or more receiving the bighest num- article: bers, and who have an equal number of votes SECTION 1. The President and Vice President for Vice President, then the House of Represent- shall be chosen by the electors in the several atives shall choose one of them for Vice Presi- States qualified to vote for Representatives to dent, in the same manner and under the same the Congress. The person having the greatest proceedings as above provided for the election number or plurality of votes for President shall of the President by the same body.
be the President; and if there be two or more re December 20Mr. PORTER proposed a new ceiving the highest numbers, and who have an article:
equal number of votes for President, then the The Senate of the United States shall be com- House of Representatives shall choose, by viva posed of two Senators from each State, chosen voce vote, one of them for President; and if upon for six years by the electors thereof qualified to the first vote no one shall have a majority of the vote for Representatives to the Congress; and whole number of votes cast, the House shall imeach Senator shall have one yote.
mediately proceed to a second vote, in which a
plurality of votes shall prevail; but if there be States and the heads of Departments, and to two or more receiving the highest number, and arrest, suspension, or removal by the President who have equal votes, then the Speaker shall of the United States. determine the question by announcing his vote. April 14-Mr. CREAMER proposed a new The person having the greatest number or plural article: Ity of yotes for Vice President shall be the Vice SECTION 1. The Senate of the United States President; and if there be two or more receiving shall be composed of two Senators from each the highest numbers, and who have an equal State, chosen by the people of the several States number of votes for Vice President, then the for six years, and the electors in each State shall House of Representatives shall choose one of have the qualifications requisite for electors of them for Vice President, in the same manner the most numerous branch of the State legislar and under the same proceedings as above pro-ture; and if vacancies happen by resignation or vided for the election of the President by the otherwise in the senatorial representation from same body.
any State, the executive thereof shall issue writs 11872, December 16–There was a vote in the of election to fill such vacancies. House on the proposed amendment of Mr. MOR- May 11-Mr. MORRISON proposed a new artiGAN, to make naturalized citizens eligible to the cle: offices of President and Vice President. The 1. From and after the next election for a vote was on suspending the rules so as to consider President of the United States, the President ånd pass it, and was yeas 82, nays 71. For shall hold his office during the term of six years, previous votes the previous year, on same ques- and, together with the Vice President chosen tion, see McPherson's Hand-Book of Politics for for the same term, be elected in the manner as 1872, p. 41.]
now provided, or may hereafter be provided;
but the President shall not be eligible for more I House–FIRST SESSION, FORTY-THIRD Con
than six years in any term of twelve years.
June 1-Mr. Isaad C. PARKER proposed a GRESS.
new article: 1873, December 4-Mr. ARTHUR proposed a The Senate of the United States shall be comQow article:
posed of two Senators from each State, chosen No law increasing the compensation of Sen. I every sixth year by the people of the several ators or Representatives for their services shall States, for the term of six years, and the electors apply to the Congress which enacts it.
in each State shall have the qualifications requiDecember 4-Mr. DE WITT proposed a new site for electors of the most numerous branch of article:
the State legislature; and each Senator shall No law increasing the compensation for the have one vote. services of the Senators and Representatives ARTICLE II. Congress shall have power to shall take effect until an election of Representa- provide for holding and conducting the elections tives shall have intervened.
in the several States for Senators, and the Senate December 4-Mr. McCRARY proposed a new shall decide such elections as may be contested. article:
All civil officers of the United States, except Report of the Judiciary Committee of judges of the supreme and inferior courts, the the House of Representatves on a heads of departments, and those whose duties petition asking Congress for “an are temporary in their character, shall hold office acknowledgment of Almighty God for a term of four years, unless a longer term and the Christian religion” in the shall be fixed by law. Congress may by law Constitution of the United States, provide for the election by the people of post February 18, 1874. masters and other officers whose duties are to be performed within the limits of any State or part
Mr. BENJAMIN F. BUTLER, from the Commita of a State; but the President shall have the tee on the Judiciary, submitted the following power of removal of any such officer, whether report: appointed or elected, for any cause affecting the The Committee on the Judiciary, to whom was incumbent's character, habits, or other qualifica referred the petition of E. G. Goulet and others, tions, excepting political or religious opinions. asking Congress for "an acknowledgment of
December 8—Mr. EUGENE HALE proposed a Almighty God and the Christian religion" in new article:
the Constitution of the United States, having No law increasing the compensation of Sena considered the matter referred to them, re tors or Representatives for their services shall spectfully pray leave to report: apply to the Congress which enacts it.
That, upon examination even of the meagre * 1874, January 5-Mr. COBURN proposed a new debates by the fathers of the Republic in the árticle:
convention which framed the Constitution, they Congress may by law vest the election of all find that the subject of this memorial was most officers of the United States whose duties require fully and carefully considered, and then, in that them to reside in the several States, except convention, decided, after grave deliberation, to judges and officers of the courts of the United which the subject was entitled, that, as this States, in the people of the several States, dis-country, the foundation of whose government tricts, and localities therein, not in insurrection they were then laying, was to be the home of or rebellion, in which they are by law required the oppressed of all nations of the earth, whether, to perform their duties, subject to the directions Christian or Pagan, and in full realization of the and regulations of the President of the United dangers which the union between church and
state had imposed upon so many nations of the stitution more acceptable to the nation, none has Old World, with great unanimity that it was ever been proposed to the States by which this inexpedient to put anything into the Constitu- wise determination of the fathers has been at tion or frame of government which might be tempted to be changed. Wherefore, your comconstrued to be a reference to any religious creed mittee report that it is inexpedient to legislate or doctrine.
upon the subject of the above memorial, and ask And they further find that this decision was that they be discharged from the further considaccepted by our Christian fathers with such great eration thereof, and that this report, together unanimity that in the amendments which were with the petition, be laid upon the table. afterward proposed, in order to make the Con- ! The petition was accordingly laid on the table.
VI. CONSTITUTIONAL AMENDMENTS, MADE AND PENDING.
IN THE SEVERAL STATES.
of the jury.
to give, to any elector, any money, reward, or The several disfranchising clauses of the old other valuable consideration for his vote at an constitution were stricken out by amendment. election, or for withholding the same, or who ratified by the people, 1874: För amendment shall give, or promise to give, such consideration 24.203, against it 3.604. (For these disfranchis-/ to any other person or party for such elector's ino clanses see McPherson's Reconstruction. o.vote, or for the withholding thereof, and any 328.]
elector who shall receive, or agree to receive, California.
for himself or for another, any money, reward,
or other valuable consideration for his vote at (Amendments proposed by the Legislature at an election, or for withholding the same, shallits twentieth session; to be passed upon by the thereby forfeit the right to vote at such eleosucceeding Legislature; and subsequently re- tion; and any elector whose right to vote shall ferred to the people.]
be challenged for such cause before the election ARTICLE I.
officers, shall be required to swear or affirm that * * * In civil cases, if three-fourths agree.
the matter of the challenge is untrue, before his upon a verdict, it shall be taken as the verdict
| vote shall be received.
Any person who shall, while a candidate for Section 8 provides that no person, “without
office, be guilty of bribery, fraud, or willful viohis written consent," shall be held to answer for
holation of any election law, shall be forever disa capital or infamous crime, &c., unless on pre
qualified from holding an office of trust or profit
in this State; and any person convicted of willsentment or indictment; that “the Legislature may fix, at not less than twelve, the number of
ful violation of the election laws, shall, in addi
tion to any penalty provided by law, be deprived grand jurors to form a panel, or to find an indictment;" that private property shall not be taken
of the right of suffrage absolutely for a term of " or damaged" for public use without just com
four years. pensation "first made;" and "the presentment
In trials of contested elections, and proceed or indictment mentioned in this section may be
ings for the investigation of elections, no person amended by the court in matter of form in such
shall be permitted to withhold his testimony manner as the Legislature may by statute pro
upon any ground; but such testimony shall not vide."
afterwards be used against him in any judicial Section 11 prescribes that all laws of a general
proceeding, except for perjury in giving such nature shall have a uniform operation "upon the
testimony. same class of subjects."
ARTICLE IV. The restriction, and in time of war no appropriation for a standing army shall be for a longer
SEC. 7. The number of members of the Senate time than two years," is omitted.
shall be forty, and of the Assembly eighty. After
the population of the State exceeds one million, ARTIOLE II. .
the Legislature may, by statute, increase the * * * Nor shall any person in the mili- number of members of the Assembly, not to es tary, naval, or marine service of the United ceeding one hundred and twenty. When the States, by reason of being stationed in any mili- number shall be increased, the rule of appor tary or naval station within the State, be con. tionment herein prescribed shall not apply to sidered a resident of this State.
the excess over eighty until each county in the * * * All elections by persons in a repre- State shall be allowed one member of the As, sentative capacity shall be viva voce.
sembly. Any person who shall give, or promise or offer! In 'forming a Congressional, Senatorial, or
Assembly District, a county shall not be di. , of, or rules of evidence in, any judicial proceed. vided so as to attach one portion of a county to ing or inquiry before the courts or other tribu. another county.
nals, or providing for or changing methods of Members of the Legislature and its officers the collection of debts or enforcing of judgments; shall receive such salary, or per diem and mile- regulating fees of office; affecting the estates of age, for regular and special sessions, as shall be minors, or others under disabilities, except after previously fixed by statute ; and no other com- notice to all parties in interest, which shall be pensation whatever, whether for services on recited in the special act; remitting fines, pencommittee or otherwise, shall be allowed. No alties, or forfeitures, or refunding of moneys member of either House, or officer or employee legally paid into the Treasury ; regulating labor, of either House, shall, during the term for which trade, mining, or manufacturing; creating corhe may have been elected or appointed, receive porations or amending, renewing, or extending any increase of salary or mileage under any law their charters; granting to any corporation, or resolution passed during such term.
association, or person, any special or exclusive * * * A member expelled for corruption shall privilege or immunity, or the right to make a not thereafter be eligible to an election as a railroad. member of either House. * * *
No act shall be passed giving extra or addiSEC. 19. The Legislature shall provide, by | tional pay, or relief, or compensation to any statute, for the taking the testimony in contests public officer, servant, employee, or agent of, or for seats in either House ; such statutes must contract under, this State, or any department prescribe that all testimony shall be taken be- thereof, or of or under any county or city in this fore the time fixed for the regular meeting of the State. Legislature. All such contests must be finally No act shall extend the term of any public determined within one week after the organiza- officer, or increase or diminish his salary or tion of the two Houses.
emoluments, after his election or appointment. The Legislature shall prescribe by law the No act of the Legislature shall limit the amount number, duties, and compensation of the officers to be recovered for injuries resulting in death and employees of each House; and no payment or for injuries to persons or property. In shall be made from or authorized to be made cases of death from injuries received by or out of the Treasury for services connected with through the carelessness, negligence, or wille the sessions of the Legislature, unless such ser- ful misconduct of any person or corporation, vice be first authorized and the compensation the right of action shall survive, and the Legisfixed by statute.
lature shall prescribe by and for whose benefit No bill shall be passed into a statute until it such shall be prosecuted. Until the Legislature has been printed in the House where it origi- shall so prescribe, such right of action shall surnated, for the use of both Houses, and referred vive to and may be prosecuted by the personal to and returned from a committee in each representatives of the deceased. No act shall House, and read once at length in each House. prescribe any limitations of time within which
Lotteries and the sale of lottery policies or suits may be brought against corporations for tickets within this State are unlawful. All injuries to persons or property, or for other lottery policies or tickets, or prizes drawn in causes different from those fixed by general laws lotteries within this State, are forfeited to the regulating actions against natural persons. State, to be recovered by action brought in the No State office shall be continued or created name of the people of the State by the Attorney for the inspection or measurement of any merGeneral.
chandise, or manufacture, or commodity; but The Legislature shall not pass any local or the Legislature may, by general law, provide for special statute authorizing the creation, exten- such inspection and measurement by municipal sion, or impairing of liens regulating the affairs or county officers. of counties, cities, townsbips, road, or school The Legislature shall pass no statute agreeing districts; changing the names of persons or to pay, or providing for the payment from the places; changing the place of trial in civil or State treasury, or by any municipal corporation, criminal cases ; authorizing the laying out, of any bonds or other obligation of any person or opening, altering, or maintaining roads, high- corporation, or to provide for the payment of ways, streets, alleys; or sewers; relating to any interest on such bonds or obligation; and ferries or bridges ; vacatipg roads, town plats, shall pass no statute concurring or authorizing streets, or alley8.; relating to cemeteries or other the loan of the credit of the State, or any munipublic grounds; authorizing the adoption or cipal corporation, to any person or corporation. legitimation of children ; locating or changing The Legislature shall never grant or authorize county seats ; incorporating towns or cities; extra compensation, fee, or allowance to any for opening and conducting elections, or fixing public officer, agent, or servant, or contractor, or cbanging places of voting; granting divorces, after service has been rendered or contract made; confirming the deeds or certificates of acknowl. nor authorize the payment of any claim or part edgment of married women; confirming any thereof hereafter created against the State, void judicial proceeding, tax, or assessment, or under any agreement or contract made without any grant founded thereon ; erecting new town. express authority of law; and all such unauthorships or other territorial divisions in a county ; ized agreements shall be null and void, provided creating officers, or prescribing the powers and this section shall not extend to and prevent apduties of officers in counties, cities, townships, propriations for expenditures incurred in supor districts; changing the laws of succession or pressing insurrection or repelling invasions. descent; regulating the practice or production The Legislature shall have no power to release or extinguish, in whole or in part, the indebted- of bribery, and punished as provided by statness, liability, or obligation of any corporation, ute. or individual to this Štate, or to any municipal The offense of corrupting members of the Legis corporation therein.
lature or public officers of this State, or of any The Legislature shall by statute protect the municipal division thereof, and any occupation wages of labor, provide for liens of mechanics or practice of solicitation of such member or and laborers, and for the exemption of a reason- officers, to influence their official action. shall able amount of property from execution and be defined by law, and shall be punished by fine forced sale.
and imprisonment. Any statute concerning corporations may at Any person may be compelled to testify, in any time be altered, amended, or repealed, and any lawful investigation or judicial proceeding, all corporations shall, if required by statute, against any person who may be charged with conform to any such alteration or amendment, having committed the offense of bribery or coror be dissolved by such repeal.
rupt solicitation, and shall not be permitted to * * * And the Legislature shall prohibit by withhold his testimony upon the ground that it law the creation of paper to circulate as money. may criminate himself or subject him to publio
When the Legislature is convened in special infamy; but such testimony shall not be used session by proclamation of the Governor, there against him in any judicial proceeding, except shall be no legislation on subjects not designated for perjury in giving such testimony; and any in such proclamation.
person convicted of either of the offenses afore The presiding officer of each House shall, in said shall, as part of the punishment therefor, be the presence of the House over which he pre- disqualified from holding any office of honor ar sides, sign bills and joint resolutions passed in profit in this State. such House immediately after the titles of such The Legislature shall not act upon any amendo bills have been publicly read. The fact of sign- ment proposed to the Constitution of the United ing shall be entered in the journal.
States until at least one general election interNo money shall be drawn from or paid out of vene between the time such amendment is pro the treasury of State, except it be pursuant to posed and the time of action thereon. and in accordance with a specific appropriation
ARTICLE V. for a particular purpose made by statute, and then only on warrants drawn by the proper
The Governor shall have power to remit fines officer; and no appropriation shall be made for and forfeitures imposed as a punishment for more than two years.
crimes; to grant reprieves, commutations of serNo Senator or member of the Assembly shall tences, and pardons, except in cases of disquali be elected or appointed to any civil office of fication from holding office or enjoying the right profit in this State during the term for which he of suffrage, declared by this constitution as a shall have been elected, or for one year there-punishment for crime. But no pardon shall be after, which office shall have been created, or granted, or sentence commuted, except upon the the emoluments of which shall have been in- recommendation, in writing, of the Lieutenant creased, during his term of office.
Governor, Secretary of State, and Attorney GenAny member of the Legislature who shall so-eral, or a majority of them, after full hearing, licit, demand, receive, or consent to receive, upon due public notice of time and place; and directly or indirectly, for himself or for another, such recommendations, and the reasons there from any company, corporation, or person, any for, shall be filed in the office of the Secretary of money, office, appointment, employment, testi-State. monial, reward, thing of value, enjoyment, or of The Governor shall have power to disapprove personal advantage, or promise thereof, or the of any item or items of any bill making appro influence of another to obtain for himself any1 priations of money, embracing distinct items; office of honor or profit for his vote or official and the part or parts of the bill approved shall influence, or for withholding the same, or with be the law, and the item or items of appropria an understanding, express or implied, that his tion disapproved shall be void, unless repassed vote or official action shall be in any way in according to the rules and limitations prescribed fluenced thereby, or who shall solicit or demand for the passage of other bills over the Executive any such money or other advantage, matter, or veto. thing aforesaid for another, as the consideration. The emoluments of all State officers shall be of his vote or official influence, or for withhold- fixed prior to the election to such office, and ing the same, or shall give or withhold his vote such emoluments shall not be increased or dior influence in consideration of the payment or minished during such term, nor shall any addipromise of such money, advantage, matter, or tional pay be allowed for additional services thing to another, shall be held guilty of bribery required of such officer. within the meaning of this constitution and the
ARTICLE VI. penal code, and shall incur the penalties provided in such code, and be subject to such further pun The Supreme Court shall consist of a chief ishment as shall be provided by statute,
justice and six associate justices. Any person who shall directly or indirectly offer, give, or promise any money, thing of value, Sections 3, 4, and 5 provide that the justices testimonial, privilege, or personal advantage to of the Supreme Court shall be chosen at general any officer, legislative, executive, or judicial, to instead of special elections ; shall hold office fourinfluence him in the performance of any of his teen years; a term expiring every two years ; var public or official duties, shall be deemed guilty cancies by death, &c., to be filled by appointment