Amendments to the Constitution, [8 June] 1789 — reading text

; A. 178^. Of congress. 4x5 in its objed, is laudable in its motive There is a great body of the people falling under this defcription, who at prefenc feel much inclined tojoui their fupport to the caufe of fede- ralifm, if they were fatistied in this one point : We ought not to dilregard their inchnation, buc, on principles of amity, and moderation, conform to their withes,' and ex- prelsly declare the great rights of mankind fecured under this conrtitucion. The acquiercence Ahich our fellow citi- zens ihew under the government, calls upon ns for a like return of moderation. But perhaps there is a ftronger motive than this for our going into a confideration of the fuhjeCl ; it is to provide thoie lecuritics for liberty which are required by a part of the communicy, I allude h) a particular manner to thofe two ilaces who have noc thought lit to throw thcmlelves into the bofom of the con- federacy it is a deiirable thing, on our part as well as : theirs, that a re-union Ihould take place as loon as polhble. 1 have no doubt, if we proceed to take thofe fteps which would be prudent and requilite at this jundure, that in a fhort lime we iliould fee that difpofition prevailing in thofe Itates that are not come in, that we have feen prevailing ihofe ilates which are. But I will candidly acknowledge, that, over and above all thele confiderations, 1 do conceive that the conltitutiou may be amended ; that is to lay, if all power is fuLjcd to abule, thatthen it is podible the abufe of the posvers of the general government may b^- guaided againll in a more le- cure manner than is now done, while no one advantage,, ariiing from the exercile of that power, fliall be damaged or endangered by it. We have in this way fomethmg to gain, and, if we proceed with caution, nothing to lofe and in this cafe it is neceffary to proceed with caution ; for while we feel all thefe inducements to go into a revilal of the conllitution, we mull feel for the condituiion itfelf^ and make that revifal a n)oderate one, I fhuuld be un- r.'illing to lee a door opened for a re-confideration of the whole Itructure of the government, for a re-conlideratiou - - 1 of the principles and the lublUnce of the powers given ; becaufe 1 doubt,'if futh a door was opened, if we Ihould be very likely to Ifop at that point which would be lafe to the government itfelf But I do wifh to ice a door opened : to confider, io far as to incorporate thofe provilions ior the fecurity of rights, againil which 1 believe no ierious ob- jedion has been made by any clafs of our conltituents. Such. ss would be likelv to meet with the concurrettce of two^ II h h 42() DEBATES thirJs of both houfeSj and the approbation of three-fourths A. 17^9. of the ftate legilktares. 1 wili not propofe afmgleaher- ation wh'^cii I do not wilh to fee take place, as intrinlkally proper in itfelf, or proper becaufe it is wilhed for by a' refpectable naaiber of iny fellov/ citizens ; and therefore 1 jhall not propofe a lingle aheratiou but is likely to meet the concurrence required by the cot>ftitution. Tlierehave been objeftions of various kinds made againH: the conflitution Some were levelled againll its itiuctnre, : becaufe the prelident was without a~ council ; bccaufc the feu:Ue, which is a leg:flative body, had judicial powers in trials ou imj-eachuicntS' and becaufe the powers of ; that body were compounded in other refpeds, in a manner that did not correfpond with a particular theory ; becaufe it grants more power than is fuppofed to be necefl'ary for every good purpofe and conrrouls the ordinary powers ; of the itate governments. I know fome refpecTiable cha- racters who onpofed this governinent on thefe grounds ; but I believe that the great mafs of the pei/ple who oppofed it, diiiiked it, becaufe it> did not contain effectual proviiion againit encroachments on particular rights, and thofe fafe- guards which they have been loijg accuttoraed to have in- terpofed between them and the magilfrate who exercifed the fovereign powej nor ought we to conlider them fafe, : wiiilf a great nun.ber of our fellow citizens think thefe lecurities neccifary. It has been a fortunate thing that the objeclion to the' government has been WMl'e on the ground 1 Hated ; be- caufe it will be practicable on that ground to obviate the abjccVion, fo far as to faiisfy the public mind that their liberties will ba perpetual, and this without endangering any part of the coiiliitution, which is conlidcrcd as elientiai to the exigence of the government by i hole who promoted its adoption. The anvjiidmeiits which have occured to me, proper to* be recommended by congrels to the itate legiiiatures, are itiefe : • Firlt. Thar there he prefixed to tlie conllicuiion a de- elaration —-That all power is originally vefled in, and con- iequently derived fi-om the people. That government is inltiruted, and ought to beexerciled' for the benefit of the people ; winch connifs in the enjoy- ment of life and liberty, with the right of acquiring and uiing property, and generally of ptirfuing and obtavnini^. happujels and fafety. A. 17S9. Of congress. 427 That the people have an indubitable, unalienable, and indefeaiible right to reform or change their government^ whenever it be found adverfe or inadequate to the purpofes of its inltituticn. Secondly. That in article id. feclion 2, claufe 3, thcfe words be ftruck out, to wit, '< The number of reprcfcn- tatives fliall not exceed one for every thirty thoufand, but f-ach ftate fliall have at leaft one reprefentative, and until fuch enumeration (hall be made." And that in place there- of thereof be inferted thefe words, to wit, *' After the firii aftual enumeration, there fhall be one reprefentative for every thirty thouland, until the number amount to after which the proportion ihall be fo regulated by congrefs, that the number iliall never be lefs than nor more than " but each ftate fliall after the firfi enumeration, have at leaft two reprefentatives ; and prior thereto." Thirdly. That in article ift, fetliun 6, claufe i, there be added to the end of the firll: fentence, thefe words, to wit/ ** But no law varying the compenfation JafV afcertained fliall operate before the next enfuing eledion of reprefen* tatives." Fourthly. That in article id, feclion 9, betsvecn ciai3- fes 3 and 4, be inferted thefe clanfes, to vv-it, The civil rights of none fliall be abridged orj account of religious be- lief or v.'orfhip. nor fhall any national religion be ellablifh- ed, nor fhall the full and equal rights of confcience be in j.uy manner, or on any pretexr infringed. The people ihall not be deprived or abridged of their right to fpeak, to v/rite, or to pnblilh their ientimenis ; and the freedom of the prefs, as one of the great bulwarks, of liberty, fliall be inviolable. The people ihall not be reflraincd from peaceably af- fembling and confulting for their common good nor from ; applying to the legiflature by petitions, or rempnllrances for redrefs of their grievances. The right of the people to keep and bear arms ihall not be infringed ; a well arnied, and' well regulated nniitia being the beil fecurity of a free country hut no perl'on : religiouily fcrupulous of bearing arms, ibail be compelled to render military fervice in perfon. No foldier iliall in time of peace be quartered in any honfe without the coiifent of the owner nor at vrr-y time, : but in a manner warranted by law. No perfon fhall be fnbjeft, except in cafes of imreach- snent, to more that one puniflimem, or one inal fo;' the. 42$ DEBATES A 1789. nor Ihall be compelled to bea witnefs againft fame ctTcnce ; himfe'f ; nor be deprived of life, liberty, or property wiih- ont due procefs of laA^ ; nor be obliged to lelinqiiifh his property, where it n^ay be nectllary for pubuc ufe, with- out a juii compenfation. Ex^cellive bail Ihall not be required, nor exceffive fine? impofcd, nor cruel and unufual pumlhments infiided. "i he rights of the people to be fecured in the.r ptrfons, xheir houfes, their papers, and their ptijer property from all unreafonable fearches and feizures, Ihail not be viola- ted iiy warrants ifflied without probable cauf^.", lupporie4 bv oath or aflirmation, or not pariicutarlv dtfcribino the places to be fearched, or the perlons or things to be feiz- ed. In all criminal profecutions, the accufed ihall enjoy the right to a fpeedy and public trial, to be informed of th? caufe and nature of the accnfation, to be confronted v.ith his accufers, and the witnefles againft him to have a com- • pulfory procefs for obtaining wuncffes in his favor ; and to have the afliltance of counlel for his defence. The exceptions here or elfewhere in the conflirution, made in favor of particular rights, fhall not be fo conftruec! as to diminilli the juft importance of other rights retained 5by the people • or as to enlarge the powers delegated by the conititution ; but either as actual limitations of fuch powers, or as inftrted merely for greater caution. Fifthly, I'hat in article i(t, feftion 10, betv\een claufes T and ;, be inferted this claufe, to wit : ' No Itate fliall violate the equal riglits of confcience, or cafes. '*''' the freedom of the prefs, or the trial by jury in criminal Sixthly. That article 3d, feftion 2, be annexed to the «nd of cbufe 2d, thefe words to wit: but no appeal to iuch court fnall be allowed where the value in controvevfy ^Jjall not amount to dollars nor Ihall any fatl triable : by jury, according to the courfe of common law, be other- -svife re-fxaminable than may coniill with the principles of commor) law. Seveuthiy. That in article T^d, fej^ion 2, tlie third claufe be itruck out, and in its place be inferted the claufes fol- lowing,^ 'to \vit .: 'The trial of all crimes (except in cafes of impeachments, and cafes arifing in the laud or naval forces, or the militia 'A'htn'on cftual iervice in time of war or public danger) Ihall be by an impartial jury of freeholders of the vicinage, A. 1789. Of congress. 429, with the requifite of unanimity f«r convitlion, of the right of challenge, and other accnftomed rtquifites ; and in all crimes punilhable with lofs of life or menibet, prelentment or i.idictment by a grand jury, Ihall be an eflenrial preli-" Eiinary, provided that in cafes of crimes committed within any county which may be in pofleflion of an enemy, or in which a general iufurredlion may prevail, the trial may by law be auihorii'ed in fome other county of the lame Itatc, as near as mav be to the feat of the offence. In cafes of crimes committed not within any county, the trial may by law be in fuch county as the laws Ihall have ,).-3fcribad. Ii fiits at: com.non la.v, between man and man, the trial by jury, as one of the belt fecuri- ti.es to the rights of