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

the grant of power, it v^ould diiparag^ thofe rights which were not placed nt that enumeration, and it migUi follow by iiiiplication, than thofe rights which were not imgled out, were intended to be aingtiid into the hands of the general government, -xxid were confequently iniecure. This is one of the mod: plau- sible arguments I have ever heard urged^ againll the ad- mifli'on of a' bill of rights into this'fyllem ; but, i conceive^ thatmay be guarded againft. I Have attempted it, as gen- tlemen may fee by turning to the lait claule oi the 4tiV rtfoiution. It has been faid', that it is unnecefTary to load the condi- tutlon with this provition, becaufe it was not found cli'cc- fual in the conltitution of the particular ila'tei'. It is true^ there are a few particular (tates in which ibme of the moft va- luable articles have not, at one tiaie or other, been violated j' but it does not follow but tiiey may have, lo a certain de- gree, a fa! a'tary effect agjrtnii ilie abufe of power. Itthejr are incorporated into the conititution, independent tribu- nals of jutl'ce will coiiiluer theinielves m a peculiar mannef the guirclians of thofe rights; they will be an im'^ieri^^' 434 DEBATES trable bulwark againfl every afTiimption of power in the Ar. ly^, legiflative or execuive • they will be naturally led to refift every encroachuient upon rfghts exprefsly ft'pulated for in the conltirutioii by the declaration of rights. Bellde this iecuriry, there is a great probability thatiuch a declaration in the r'ederal 1^/ftem would be inforced ; becaufe the (late legillatures will j'^aloufly and clofely watch the operations of this government, and be able to reliil with more effeft every afTuinpiion of power than any other power on earth can do; and the greatell opponents to a federal govern- ment admit the Hate legiflaiures to be fore guardans of the people's liberty. I conclude from this view of the fubjeft, that it will be proper in itfelf, and highly politic, for the tranquility of the public mind, and the liability of the go- vcrnnjenr, that we iliould otter fomething, in the form I have propofed, ro be incorporated in the iyllcm of govern- ment, as a declaration of the rights of the people. in the next place I wilii t^ fee that jjart of the conflitti- tion reviled which declares, that the number of reprefenta- tives ihall not exceed the proportion of one for every thirty thoufand j>erfons, and allows one reprefentative to every ftnte which rates below that proportion. It we attend to the difcu'iion of this fubject, which has taken place in the Ifate conventions, and even in the opinion of the friends ta the conftitution, an alteration here is proper. It is the fenfe of the people of Ainerica, that the number ofreprefen- tadves ought to be encresfed, but particularly that it ihould not be left in the dilcretion of the government to dinvinifh them, below chat proportion w hich certainly is in the power of the iegiflature as the conltitaiion now Hands and they; may, as the population of the country encreafes, increafe the houfe OF reprefcjntatives to a very m^iweildy degree. 1 confeib 1 always thought this part of the conftitution defec'tive, though not dangero»:s ;. and that it ought to be pnrticnlarly attended to whenever congrefs ihould go intc^ the confiJcration of amendments. There are fevcral leiTer ci>fes enumerated in my prapo- fome alteration take place, fition, in v. hich I wiflialio to fee l>.ai article which leaves it m the power of the legiilatnre lo ai'cenain its own emolument is otie to which 1 allude. i do not believe this is a power whicji, in the ordinary courfe of governm'cnt, is likely to be abulcd, perhaps of all «iie powers granted, it is lealt likely to abufe but there is ; a feeming impropnery in leaving any icz of nien without funtroul to put ihcir hand into the public coiTers, to take  - A.1789- Of CONGRESS. 435 out money to put in their pockets ; there is a feeming inde- corum ill fuch power, which leads me to propoie a change„ We have a guide to this alteration in feveral of the amend jnents which the different conventions have propoied. I have gone therefore fo far as to fix it, that no law, varying the compenfation, (hall operate until there is a change in the legiflarure ; in which cafe it cannot be for the particu- lar benefit of thofe who are concerned in determin- ing: the value of the fervice. I wiih alfo, we may tlirow in reviiing the condituiion. into that feftion, which the abufe of certain interdi<5ls powers in the itate legiflatures, fome other provifions of equal if not greater importance than thofe alicady made. The words, " Vo Hate ihall pyfs any biii of attaip.der, ex poft fafto law, &c." were wile and proper reitrldions in the comlitution. I think there is more danger of thufe powers being abufed by the (late governments than by the government of the United States, The fame may be laid of other [^owers which they poiTefs, if not controuied by the general principle, that laws-are unconftitutional which infringe th*^ rights of the community. I fliould tlierefore wilh to extend this interdlAion, and add, ns I have (iaied in the ^'h refolution, that no (fate Ihall violate the equal right of confcience, freedom of the prefs, or trial by jury in criminal cafes becaule it is proper that every go- ; vernment fhouid be difarmed of powers which trencii upuii thofe particular riohts. I know in fome of the Ityte con- ftitutions the power of the government is contronled by fuch a declaration, but others are not. I cannot fee any reafon againft obtaining even a double fecurity on thofe points ; and nothing can give a more fincere proof of the attachment of thofe who oppofed this conltitution to thefc great and important rights, than to lee them join in ob- taining the {ecurity I have nmv propoled ; becaule it mqlt be admitted, on all hands, ttut the il^re governmenrs are as liable to attack thefe invaluable privileges as the general government is, and therefore ought to be as cautioufly guarded again i*:. I think it will be proper, with refped: to the judicLiry powers, to fatisfy the public mind on ihofe points which I have mentioned. Great inconvenience lias been appre- hended to fuitors from the dillance they would be dragged to obtain juftice in the fupreme court of the United Slates, upon an appeal on an aftion for a fmall debt. To renjedy this^ declarCj that no appeal Ihall be made unlefs the mattei' ^3^ DEBATES in tontrnveiTy aniounts to a particular fam : A. ij^j, Tbis, with the regulations refpeding jury trials in criminal cafes, and i'uits at coruvDon law, it is to be hof)ed will- quiet and re- concile the minds of the people to thac part of the conlti- iTjtion. 1 find, from looking into the amendments propofed by ihe liate conventions, that fevex'al are particularly anxious that it Ihould be declared in the conttiturion, that the powers not therein delegated, Ihould be referved to the fgycrai ftates. Perhaps words which inay define this mors preciiely, than the whole of the inltrument now does, njay be conhdered as fuperfli>ous. I admit tliey may be deem- ed unnecafiary but there can be no harm in making fuch ; a declaration, if gentlemen will allow, that the fa<^t is as Hated, I am fure i underiUmd it fo, ami do therefore pro- ppfe it. ^rhefe are the points on which I wifn to fee a revifion pf the conditution take place. How far they will accord with the fenfe of this body, I cannot tyke upon me abl'o- lately to determine buc 1 believe every gentleman will ; rCfidily admit that nothing is in contempUition, io far as I have mentioned, that can endanger the beauty of the go- vernment in any one important leature, even in the eyes pl its moll fanguine admirers. I have propofed nothing that does not appear to me as proper in it'cif, or eligible as patronii.ed by a rtlpec^table number of our fellow citi- zens ; and if we can make the con'titution better in tjie ppiition of thpfe who are oppofed to it, without Vv'caken- jng its-frame, or abridging its uieftilnefs. in the judgment o.f x}\o{'Z- who aresttached to it, we Adt thp part of wife and libe- ral men tp make fuch alterations as fhali produce that effeft. Having done what I conceived was my duty, in bringing ^^fpre this houfe the fubjedt of amendments, and alfo itaied fuch as I wilh for and approve, and oflered the leafons; which occurred to me in their fupport ; 1 fliall - cp,nteut myfelf for the prefent with moving, that a commit- te^ be appointed tp confider of and report inch am.end- inents as ought to be propofed by congrefs to the legific-^- tt>rf;s pf the ilatcs, to become, it ratified by three-fourths ' •^hereof, ptirt of the conlb.tution of the United States. By agrpe-ing to this motion, the Aibjec^t may be going on in tl^e fpi;unittee, v.hile oiher injportant bulineis is proceed- iiig. to. a ^oncjujion in the houfe. 1 fiiould advocate great- f r. di(]^a.tclv in the buiinefs of amendments, if 1 was not ^(:i^ivi^uced pf tbf aliitilut^iiecefTity there is of puri'uing the A. 17^9. Of C O N G 11 E S S. 437 organization of the government ; becaufe I ih^inkvv'c Hiould obrain the confidence of our fellow citizens, in proportion as we fortify the rights of the people againll the encroach- nsents of the government. Mr. Jackson. The more I confider the fubjcft of r.mendmcnts, the jnore, inr. fpeaker, I am convjnced it is improper. I revere the rights of my tor.Cticients as much as any gentleman in congrefs, yet, I am againll iwferting a decla- ration of rights in the confticution, znd that upon fome of the reafons referred toby the gentleman jait up. If fuch an addition is not dangerous or, improper, it is at loail un- neceffary : that is a fufiicient reafon ior not enierina into the lubjeo: at a time wtit'n there are urgent calls for cur attention to important buiinefs. Let me alk genulcmen, what reafon there is for the fufpkipns which are to be re- moved by this meafare ? Who are congrefs tliat; fuch ap- prehenfions ihouid be entertained of them ? Do we jiot bcr long to the mafs of the people i Is there a fingle riohc but, if infringed, will afFed us and onr connei'liops as much as any other perfon ? Do we not return at the expiration of two years into])rivate life, and is not this afecurity againft encroachment ? Are we not fent here to guard thofe rights which might be endangered, if the government wasanari- flocracy or defpotilm ? "V^iew for a moment the fituation of Khode-Ifland and, fay^whether the people's riglus are more i'afe under ftate leg;iflatures than under a government of li- mited powers ? Their liberty is changed to licentioufnefs. But do gentlemen fuppofe bilis of rights necefTary to fe- f.ure liberty J If they do, let theni look at Nev/-York, New-Jerfey, Virginia, South Carolina, and Georgia, Thofe (tates have no bills of rights, and are the liberty of the citizens lefs fafe in thofe Itates, than in the other of f)f che United States ? I