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would be restrained from attempting a change, in favor of a person more agreeable to him, by the apprehension, that the discountenance of the senate might frustrate the attempt, and bring discredit upon himself."

The question, indeed, presented difficulties of no ordinary magnitude, and not easy of solution.

And it is, perhaps, not less difficult to provide a remedy for the evils which have and may arise, in the administration of the government, from the extent and influence of executive power. The legislative body should be particularly guarded against its improper effects. The hope or expectation of office, from presidential favor, should never be suffered to enter the minds of the members of the legislative department. The constitution, indeed, attempted to provide against this influence, in that branch of the government, by declaring, "that no senator or representative should, during the time for which he was elected, be appointed to any civil office, under the authority of the United States, which should have been created, or the emoluments whereof had been increased, during such time."

This subject created no little difficulty as well as division among the framers of the constitution.

The general convention, in the first instance, provided, that the members of each house should be incapable of holding any office, under the authority of the United States, during the time for which they should be elected; and that the members of the senate should be incapable of holding any office, for one year afterwards. This was finally restricted in the manner above stated.

The benefits of this restriction, however, were principally limited to the early period of the government, when most of the offices now in existence were created, and the emoluments settled; and this provision now affords but a feeble check against the evil intended to be remedied.

The subject of amending the constitution, was brought before congress during this session, by petitions from the states of Vir ginia and New York, requesting that another convention might

be called to take into consideration and report such amendments as they might think proper and best calculated "to promote our common interests, and to secure to ourselves and our latest posterity, the great and unalienable rights of mankind." The states of Virginia and New York were both opposed to the constitution without the amendments proposed in their respective conventions. This opposition was strongly manifested in the legislature of Virginia, in the first choice of senators. Mr. Madison, who had been so instrumental, not only in forming the new system, but in procuring its ratification, though a candidate, lost his election. His opponents, Richard Henry Lee and William Grayson, were chosen. The same legislature requested another general convention.

Congress, however, had no authority to call a convention. Mr. Madison submitted to the house several amendments, which, together with those presented by the several states, were referred to a committee consisting of one member from a state, with general instructions. Amendments were reported by this committee, and after long debates and various alterations, twelve articles were agreed to by both houses, to be submitted to the states. These were in substance, that congress should make no law respecting an establishment of religion, or prohibit 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 for a redress of grievances.

That the right of the people to keep and bear arms should not be infringed.

That no soldier, in time of peace be quartered in any house, without the consent of the owner; nor in time of war, but in a manner prescribed by law.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, not to be violated; and no warrants to 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.

No person to be held to answer for a capital or other infamous crime, unless on presentment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service; no person to be subject to be put twice in jeopardy of life or limb for the same offence; or 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 private property be taken for public use, without just compensation.

In all criminal prosecutions, the accused to enjoy the right to a speedy and public trial by an impartial jury in the state where the crime was committed; to be informed of the nature of the accusation; be confronted with the witnesses against him; to have compulsory process for his witnesses, and to have council for his defense.

The right of trial by jury to be preserved, in all suits at common law, where the value in controversy exceeded twenty dollars; and no fact tried by a jury to be otherwise re-examined in any court of the United States, than according to the rules of common law. Excessive bail not to be required; nor excessive fines imposed, nor unusual punishments inflicted.

The enumeration of certain rights in the constitution, not to 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, were reserved to the states, or to the people.

As to numbers in the house of representatives, one article provided, that after the first enumeration, there should be one representative for every thirty thousand, until the whole number should be one hundred, after which there should be not less than one hundred, nor more than one representative for every forty thousand, until the whole number was two hundred, after this the whole not to be less than two hundred, nor more than one for every fifty thousand.

No law varying the compensation for the services of the members of congress, was to take effect, until after an election of representatives should have intervened. These amendments, it will

be perceived, were principally confined to a declaration of rights, and did not include those various alterations in the body of the constitution proposed by some of the states, particularly by Virginia and New York.

In the senate, the various amendments adopted by the Virginia convention were moved and rejected. This gave great dissat isfaction to the senators as well as the people of that state.

In transmitting those proposed by congress, to the speaker of the house of representatives, the Virginia senators observed, “it is impossible for us not to see the necessary tendency to consolidated empire, in the natural operation of the constitution, if not further amended than is now proposed; it is equally impossible for us, not to be apprehensive for civil liberty, when we know of no instance in the records of history, that shows a people ruled in freedom, when subject to one undivided government, and inhabiting territory so extensive as that of the United States, and when, as seems to us, the nature of man and of things prevent it. The impracticability in such case, of carrying representation sufficiently near to the people for procuring their confidence and consequent obedience, compels a resort to fear resulting from great force, and excessive power in government. Confederated republics, where the federal hand is not possessed of absorbing power, may admit the existence of freedom, whilst it preserves union, strength, and safety. Such amendments, therefore, as may secure against the annihilation of the state governments, we devoutly wish to see adopted. If a persevering application to congress from the states that have desired such amendments, should fail of its objects, we are disposed to think, reasoning from causes to effects, that unless a dangerous apathy should invade the public mind, it will not be many years before the constitutional number of legislatures will be found to demand a convention for the purpose."*

Ten of the articles proposed by congress were ratified by the constitutional majority of the states. Those relating to the number of the house of representatives, and to compensation for

*Life of Richard H. Lee, vol. 2, p. 100.

the services of the members of the national legislature were rejected.

A national judiciary was, also, established during this session, consisting of a supreme court, circuit, and district courts. The bill for carrying this part of the constitution into effect, originated in the senate, and was drawn up by a committee, of which Mr. Ellsworth was chairman. The district courts were to consist of one judge in each state. The states were divided into circuits, in each of which, one of the judges of the supreme court, and the district judge of the state, in which the court was held, constituted the circuit courts. In certain cases, this court had original jurisdiction, and also took cognizance of appeals from the district courts. The supreme court was composed of a chief justice and five associate judges, and was to hold two sessions annually, at the seat of government. This court had exclusive jurisdiction in certain cases, and appellate jurisdiction from the circuit courts, and also, from the state courts, in cases, where the validity of treaties and the laws of the United States were drawn in question. This organization of the federal judiciary has remained nearly the same, to the present time, except for a short period, when a different system relative to the circuit courts was established, but which was soon abolished, and the old system restored.

Much debate was had this session, on the subject of designating a place for the permanent seat of the national government; and congress were about equally divided, between a situation on the banks of the Susquehannah and Potomac ; but rose without a decision.

The fixing the salaries of the president and vice-president, members of congress, and the great officers of the government created some difficulty. The compensation to the president was settled at twenty-five thousand dollars a year, and to vice-president five thousand. The representatives had six dollars per day, and six dollars for every twenty miles travel, and the senate seven dollars per day and the same for travel. To each of the heads of departments was allowed a salary of three thousand five hundred dollars, to the chief justice of the supreme court four thousand dollars, and the associate judges three thousand five hundred.

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