« PreviousContinue »
another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.
Sec. 3. New States may be admitted 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 Creation of New part of States, without the consent of the Legislature of States.
the States concerned as well as of the Congress. The Con
gress 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 chall be so construed as to prejudice any claims of the United States, or of any particular State. Sec. 4. The United States shall guarantee to every State in this Union a repub
lican form of government, and shall protect each of them Guaranty of Repub- against invasion, and on application of the Legislature, or lican Government. of the executive (when the Legislature cannot be convened),
against domestic violence.
Amendments to Constitution. 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 Action by Congress, proposing amendments, which in either case shall be valid Ratification, 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 the Congress; provided that no amendment which may be made prior to the year one thousandi 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.
Supreme Authority of Constitution. All debts contracted and engagements 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 Debts and Treaties- United States which shall be made in pursuance thereof, Official Oaths-No and all treaties made, or which shall be made, under the Religious Test. authority of the United States, shall be the supreme law
of the land; and the judges in every State shall be bound thereby, anything 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 or public trust under the United States.
Ratification of Constitution. The ratification of the convention of nine States shall be sufficient for the estab
lishment of this Constitution between the States so ratifyNine States Suf
ing the same. ficient to Establish. Done in convention by the unanimous consent of the States
present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our naines.
GEO. WASHINGTON, President and Deputy from Virginia. New-Hampshire-JOHN LANGDON, NICHOLAS GILMAN. Massachusetts--NATHANIEL GORHAM, RUFUS KING. Connecticut-WM. SAML. JOHNSON, ROGER SHERMAN. New-York-ALEXANDER HAMILTON. New-Jersey-WILL. LIVINGSTON, DAVID BREARLY, WM. PATERSON, JONA
DAYTON. Pennsylvania--B. FRANKLIN, THOMAS MIFFLIN, ROBERT MORRIS, GEO.
CLYMER, THOMAS FITZSIMONS, JARED INGERSOLL, JAMES
WILSON, GOUV. MORRIS. Delaware-GEO. READ, GUNNING BEDFORD, Jun'r, JOHN DICKINSON, RICH
ARD BASSETT, JACO. BROOM. Maryland-JAMES M'HENRY, DAN. OF ST. THOMAS JENIFER, DANL. CARROLL. Virginia--JOHN BLAIR, JAMES MADISON, Jun'r. North Carolina-WM. BLOUNT, RICHARD DOBBS SPAIGHT, HU. WILLIAMSON. South Carolina--J. RUTLEDGE CH'S COATESWORTH PINCKNEY, CHARLES
PINCKNEY, PIERCE BUTLER. Georgia-WILLIAM FEW, ABR. BALDWIN.
Attest: WILLIAM JACKSON, Secretary.
AMENDMENTS. (The first ten amendments were proposed at the first session of the Ist Congress of the United States, which was begun and held at the city of New-York on March 4,
1789, and were adopted by the requisite number of States.Amendments Speed- 1 vol. Laws of U. S., p. 72. They together constitute a ily Following Adop- Bill of Rights.) The following is the preamble and resolution of Constitution. tion: Congress of the United States begun and held at the
city of New-York, on Wednesday, the 4th of March, 1789. The conventions of a number of the States having at the time of their adopting the Constitution expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution
Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both houses concurring, That the following articles be proposed to the Legislatures of the several States as amendments to the Constitution of the United States, all or any of which articles, when ratified by three-fourths of said Legislatures, to be valid to all intents and purposes as part of said Constitution, namely:
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.
ARTICLE 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.
ARTICLE 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.
ARTICLE 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.
ARTICLE 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.
ARTICLE VI.-In ali 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 with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
ARTICLE VII.-In suits at common law, where the value in controversy shall exceed $20, the right of trial by jury shall be preserved, and na 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.
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.
ARTICLE 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,
ARTICLE XI.—(Proposed by Congress held at Philadelphia, December 2, 1793; ratification declared by President, January 8, 1798.) 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.
ARTICLE XII.-(Proposed at first session of VIIIth Congress, in Washington, October 17, 1803; ratification announced by Secretary of State, September 25, 1804.)
The electors shall meet in their respective States and vote Election of Presi- by ballot for President and Vice-President, one of whom dent and
at least shall not be an inhabitant of the same State with Vice-President. themselves; they shall name in their ballots the persons
voted for as President, and in distinct ballots the persons 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 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 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 vote 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 whole number shal 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. ARTICLE XIII.—(Proposed by Congress February 1, 1865; ratification announced
by Secretary of State, December 16, 1865.) Section 1. Amendments Fol- Neither slavery nor involuntary servitude, except as a punlowing Civil War. ishment for crime, whereof the party shall have been duly
convicted, shall exist within the United States, or any place subject to their jurisdiction.
ARTICLE XIV.-(Proposed by Congress June 16, 1866; ratification announced by Secretary of State, July 25, 1868.) Section 1. All persons born or naturalized in the United 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 United 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.
Sec. 2. Řepresentatives 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 Congress, 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 reduced in the proportion which the number of male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Sec. 3. No person shall be a Senator or Representative in Congress, or elector of President or Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as member of Congress, 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, by a vote of twothirds of each house, remove such disability.
(Note.-On June 7, 1898, President McKinley approved of an act of Congress which declared that “the disabilities imposed by Section 3, XIVth Amendment of the Constitution, heretofore incurred, are hereby removed.")
Sec. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing the 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.
Sec. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
ARTICLE XV.-(Proposed by Congress February 27, 1869; ratification announced by Secretary of State, March 30, 1870.) Section 1. The right 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.
Sec. 2. The Congress shall have power to enforce this article by appropriate legislation.
LAW AS TO PRESIDENTIAL SUCCESSION. The Presidential succession is fixed by chapter 4 of the acts of the XLIXth Congress, first session. In case of the removal, death, resignation or inability of both the President and Vice-President, then the Secretary of State shall act as President until the disability of the President or Vice-President is removed or a_President is elected. If there be no Secretary of State, then the Secretary of the Treasury will act; and the remainder of the order of succession is as follows: The Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, Secretary of the Interior and Secretary of Agriculture. The acting President must, upon taking office, convene Congress, if not at the time in session, in extraordinary session, giving twenty days' notice. This act applies only to such Cabinet officers as shall have been appointed by the advice and consent of the Senate, and are eligible under the Constitution to the Presidency.
THE NEW-YORK CITY CHARTER.
The present charter of the city of New-York became a law on May 4, 1897. The following are some of its principal provisions:
Chapter one relates to the boundaries, boroughs, powers, rights and obligations of the city of New-York. It provides that the new consolidation comprehends “all the
municipal and public corporations and parts of municipal Departments,
and public corporations, including cities, villages, towns Salaries, Etc.
and school districts, but not including counties, within the
following territory: The county of Kings, the county of Richmond, the city of Long Island City, the towns of Flushing, Newtown and Jamaica, and that part of the town of Hempstead, lying west and south of the east and north boundaries of the former village of Far Rockaway, and west of a straight line drawn from the northwest corner of said village due north to tne south line of the former town of Jamaica." (As amended by Legislature of 1899.)
The corporate name is the "City of New-York," and it is divided into five boroughs, namely: Manhattan, The Bronx, Brooklyn, Queens and Richmond, as follows:
MANHATTAN-Manhattan Island, Nuttin or Governor's Island, Bedlow's Island; Bucking or Ellis Island, the Oyster Islands, Blackwell's Island, Randall's Island and Ward's Island.
BRONX-That portion of the city of New-York lying northerly or easterly of the Borough of Manhattan between the Hudson River and the East River or Long Island Sound, including the several islands.
BROOKLYN-The city of Brooklyn.
QUEENS—That portion of Queens County as stated in the first paragraph of the principal provisions of the charter.
RICHMOND-Richmond County or Staten Island.
The legislative power of the city is vested in two houses to be known respectively as the Council and Board of Aldermen, together styled “The Municipal Assembly of
the City of New-York." The Council consists of twentyMunicipal
nine members, including the president, elected on a genAssembly.
eral ticket at the same time and for the same term as the
Mayor. The salary of the president is $5,000 a year, and for other members $1,500 a year. The city is divided into ten Council districts, and each of the first eight (included in Manhattan, The Bronx and Brooklyn) is entitled to three members; that part of Queens known as Long Island City and Newtown, one member; that part of Queens known as Jamaica, Flushing and Hempstead, one member, and two members are allowed to the Borough of Richmond. The term of office of each member is four years. Every ex-Mayor of the city is, so long as he remains a resident of the city, entitled to a seat in the Council and to participate in its discussions, but not to a vote. The Municipal Assembly must have at least one stated meeting a month, except, in the discretion of the Assembly, in August and September.
ALDERMEN—The Board consists of one member from each of the Assembly districts within the city; Queens County is entitled to the same number of representatives as in the Council, and those parts of the Ist and IId Assembly districts of Westchester County included in The Bronx are entitled to one member. The term of office is two years, and the salary $1,000 a year.
The President of the Board is elected from the Each head of an administrative department is entitled to a seat in the Board, with the right to participate in its discussions, but not the right to vote. Ordinances or resolutions require a majcrity vote of all members elected to each house to pass; it involving the expenditure of money or creation of debts, a three-fourths vote of all elected members is required. The Mayor has the veto power, but ordinances may be passed over his veto by a two-thirds vote, or by a five-sixths vote in a case where debt or expenditure is involved.
CITY CLERK—The Council, at its first meeting, must appoint a clerk, who is also the City Clerk; the term is six years, and the salary $7,000 a year. In addition to keeping the records, preparing summaries of resolutions, ordinances, etc., for publication in "The City Record,” he is also to grant licenses to auctioneers.
MAYOR—The term of office is fixed at four years; annual salary, $15,000, and the incumbent is ineligible for re-election. The Mayor may, within six months after the
commencement of his term of office, remove from office any Executive and Other appointed official, except members of the Boards of EducaDepartments. tion and School Boards, and except also judicial officers,
for whose removal other provision is made by the Constitution. After the expiration of six months, appointed officers may be removed by the Mayor for cause, upon charges preferred and after opportunity to be heard, subject, however, to the approval of the Governor.
FINANCE DEPARTMENT-The head of the Department is the Controller; his term of office is four years, and the annual salary is $10,000. He may be removed from office by the Governor in the same manner as sheriffs. The Department has control of the fiscal concerns of the corporation; it inspects the accounts of other city departments, prescribes the forms of keeping and rendering of city accounts, disburses public funds on vouchers by means of warrants on the Chamberlain and settles or adjusts all claims in favor of or against the corporation. There are also five bureaus In this Department: Bureau for the collection of city revenue and market rents; bureau for the collection of taxes; bureau of assessments and arrears; auditing bureau; bureau
of City Chamberlain. It is provided that when bonds are issued they shall be in register form, in denominations of $10 or any multiple thereof, and that preference shall be given to applicants for the smallest amounts and smallest denominations.
CHAMBERLAIN-Appointed by the Mayor for four years; annual salary, $12,000. He is required to give a bond in the sum of $300,000. He is charged with the duties of receiving, preserving, depositing and paying out public funds on the warrant of the Controller, when countersigned by the Mayor.
COMMISSIONERS OF SINKING FUND-These are the Mayor, Controller, Chamberlain, President of the Council and chairman of the Finance Committee of the Board of Aldermen. Their duties include the administering of the several existing sinking funds as independent trusts. They may or lease certain city property for th benefit of the Sinking Fund. They also provide funds for the payment of interest charges on the city debt, its refunding as "consolidated stock” and its gradual redemption.
BOARD OF ESTIMATE AND APPORTIONMENT—Composed of the Mayor, Controller, Corporation Counsel and the President of the Department of Taxes and Assess_ ments. Their special duty is the preparation of the annual budget of the amounts estimated to be required to pay the expenses of conducting the public business of the city. Departments, bureaus, commissions, etc., are required to furnish estimates in detail to the Board of their requirements, and the final budget must contain these items. Before final approval and passage by the Board, opportunity must be given to taxpayers for hearings. The budget when fixed by the Biard goes to the Municipal Assembly for action.
LAW DEPARTMENT—The head is the Corporation Counsel, appointed by the Mayor for four years; annual salary, $15,000. He has charge and conduct of all the law business of the corporation and its departments and boards, and of all law business in which the city is interested. He conducts condemnation proceedings in altering streets, is legal adviser of the Mayor, the Municipal Assembly and of all departments, boards, etc.; and all officers are prohibited from employing attorneys except as assigned by the Corporation Counsel.
POLICE DEPARTMENT-The Board is composed of four members, appointed by the Mayor for four years, no more than two of whom shall belong to the same political party, or be of the same political opinion on State and National politics. The salary of each is $5,000 a year. They have control of the government, administration, disposition and discipline of the Police Department (including the police force) and of the Bureau of Elections. The Department consists of a Chief of Police, five deputy chiefs, ten inspectors, captains not exceeding one to each fifty patrolmen (except in the rural portion of the city); sergeants not exceeding four to each fifty patrolmen; detectivesergeants; doormen nct exceeding two to each fifty patrolmen; forty surgeons and 6,382 patrolmen. This number may be increased by action of the Municipal Assembly, upon the recommendation of the Police Board. It is also provided that the police of Brooklyn, Long Island City and Richmond County shall be transferred to the general police force. The force is classified as follows: First grade, five years' service and upward; second grade, four and a half to five years' service; third grade, four years to four and a half years' service; fourth grade, three to four years' service; fifth grade, two to three years' service; si grade, one to two years' service; seventh grade, less than one year's service. The salary schedule is: Chief of Police, $6,000; deputies, $5,000; inspectors, $3,500; captains, $2,700; surgeons, $3,000; sergeants, $2,000; roundsmen, $1,500; doormen, $1,000; first grade patrolmen, $1,400; second grade, $1,350; third grade, $1,250; fourth grade, $1,150; fifth grade, $1,000; sixth grade, $900; seventh grade, $800.
BUREAU OF ELECTIONS–Under the control and supervision of the Police Department. Branches of the bureau are to be established in each of the boroughs. The head of the bureau is known as the Superintendent of Elections, and is appointed for five years, with a salary of $6,000.
BOROUGH OFFICERS-In each borough there is to be a president and a local board, who are to be elected for a term of four years. The presidents of Manhattan, The Bronx and Brooklyn, respectively, receive $5,000 a year, and the presidents of Queens and Richmond, respectively, $3,000 a year. There are also twenty-two districts of local improvements, each with a board to decide upon matters which may not be inconsistent with the powers of the Municipal Assembly, and to aid such assembly and departments in the discharge of the duties respecting the district governments.
BOARD OF PUBLIC IMPROVEMENTS-Composed of the Mayor, Corporation Counsel, Controller, Commissioner of Water Supply, Commissioner of Highways, Commissioner of Street Cleaning, Commissioner of Sewers, Commissioner of Public Buildings, Lighting and Supplies, Commissioner of Bridges, the presidents of the several boroughs, and the president of the Board. The latter is appointed by the Mayor at a salary of $8,000.
COMMISSIONER OF WATER SUPPLY-Appointed by Mayor, with salary $7,500. COMMISSIONER OF HIGHWAYS—Appointed by Mayor, with salary of $7,500.
COMMISSIONER OF STREET CLEANING-Appointed by the Mayor for six years; salary, $7,500.
COMMISSIONER OF SEWERS-Appointed by the Mayor; salary, $7,500; term, six years.
COMMISSIONER OF PUBLIC BUILDINGS, LIGHTING AND SUPPLIES-Appointed by the Mayor for six years; salary, $7,500. He has cognizance and control of the construction, repairs, cleaning and maintenance of public buildings; of the con