PROPOSED AMENDMENTS TO THE CONSTITUTION. AMENDMENTS PROPOSED BY THE CONVENTION OF First. That it be explicitly declared that all powers not expressly delegated by the aforesaid constitution are reserved to the several states to be by them exercised. Secondly. That there shall be one representative to every thirty thousand persons according to the census mentioned in the constitution, until the whole number of representatives amounts to two hundred. Thirdly. That Congress do not exercise the powers vested in them by the fourth section of the first article, but in cases where a state shall neglect or refuse to make the regulations therein mentioned, or shall make regulations subversive of the rights of the people to a free and equal representation in Congress, agreeably to the constitution. Fourthly. That Congress do not lay direct taxes but when the moneys arising from the impost and excise are insufficient for the public exigencies, nor then until Congress shall have first made a requisition upon the states to assess, levy and pay their respective proportion of such requisitions, agreeably to the census fixed in the said constitution, in such way and manner as the legislatures of the states shall think best, and in such case if any state shall neglect or refuse to pay its proportion pursuant to such requisition, then Congress may assess and levy such state's proportion, together with interest thereon at the rate of six per cent. per annum, from the time of payment, prescribed in such requisitions. Fifthly. That Congress erect no company with exclusive advantages of commerce. Sixthly. That no person shall be tried for any crime by which he may incur an infamous punishment, or loss of life, until he be first indicted by a grand jury, except in such cases as may arise in the government and regulation of the land and naval forces. Seventhly. The Supreme Judicial Federal Court shall have no jurisdiction of causes between citizens of different states, unless the matter in dispute, whether it concerns the realty or personalty, be of the value of three thousand dollars at the least-nor shall the federal judicial powers extend to any action between citizens of different states, where the matter in dispute, whether it concerns 632 1788] AMENDMENTS OF MASS., S. C., AND N. H. 633 the realty or personalty, is not of the value of fifteen hundred dollars at the least. Eighthly. In civil actions between citizens of different states, every issue of fact arising in actions at common law, shall be tried by a jury, if the parties or either of them request it. Ninthly. Congress shall at no time consent that any person holding an office of trust or profit under the United States shall accept of a title of nobility, or any other title or office, from any king, prince, or foreign state. AMENDMENTS PROPOSED BY THE CONVENTION OF SOUTH CAROLINA, 1788. And whereas it is essential to the preservation of the rights reserved to the several states, and the freedom of the people, under the operations of a general government, that the right of prescribing the manner, time, and places of holding the elections to the federal legislature, should be forever inseparably annexed to the sovereignty of the several states; This convention doth declare, that the same ought to remain to all posterity, a perpetual and fundamental right in the local, exclusive of the interference of the general government, except in cases where the legislatures of the states shall refuse or neglect to perform and fulfill the same, according to the tenor of the said constitution. This convention doth also declare, That no section or paragraph of the said constitution, warrants a construction that the states do not retain every power not expressly relinquished by them, and vested in the general government of the union. Resolved, That the general government of the United States ought never to impose direct taxes, but where the moneys arising from the duties, imposts and excise, are insufficient for the public exigencies, nor then until Congress shall have made a requisition upon the states to assess, levy, and pay their respective proportions of such requisitions; and in case any state shall neglect or refuse to pay its proportion, pursuant to such requisition, then Congress may assess and levy such state's proportion, together with interest thereon, at the rate of six per centum per annum, from the time of payment prescribed by such requisition. Resolved, That the third section of the sixth article ought to be amended, by inserting the word "other," between the words "no" and "religious. Resolved, That it be a standing instruction to all such delegates as may hereafter be elected to represent this state in the general government, to exert their utmost abilities and influence, to effect an alteration of the constitution, conformably to the aforegoing resolutions. AMENDMENTS PROPOSED BY THE CONVENTION OF The convention do therefore recommend, that the following alterations and provisions be introduced into the said constitution. First. That it be explicitly declared that all powers not expressly and particularly delegated by the aforesaid constitution, are reserved to the several states to be by them exercised. Secondly. That there shall be one representative to every thirty thousand persons according to the census mentioned in the constitution, until the whole number of representatives amount to two hundred. Thirdly. That Congress do not exercise the powers vested in them by the fourth section of the first article, but in cases when a state shall neglect or refuse to make the regulations therein mentioned, or shall make regulations subversive of the rights of the people to a free and equal representation in Congress-Nor shall Congress in any case make regulations contrary to a free and equal representation. Fourthly. That Congress do not lay direct taxes but when the money arising from impost, excise, and their other resources, are insufficient for the public exigencies, nor then, until Congress shall have first made a requisition upon the states, to assess, levy and pay their respective proportions of such requisition, agreeably to the census fixed in the said constitution, in such way and manner as the legislature of the state shall think best, and in such case if any state shall neglect, then Congress may assess and levy such state's proportion, together with the interest thereon at the rate of six per cent. per annum, from the time of payment, prescribed in such requisition. Fifthly. That Congress shall erect no company of merchants with exclusive advantages of commerce. Sixthly. That no person shall be tried for any crime by which he may incur an infamous punishment, or loss of life, until he first be indicted by a grand jury, except in such cases as may arise in the government and regulation of the land and naval forces. Seventhly. All common law cases between citizens of different states, shall be commenced in the common law courts of the respective states, and no appeal shall be allowed to the federal court, in such cases, unless the sum or value of the thing in controversy amount to three thousand dollars. Eighthly. In civil actions between citizens of different states, every issue of fact arising in actions at common law, shall be tried by jury, if the parties or either of them request it. Ninthly. Congress shall at no time consent that any person holding an office of trust or profit under the United States, shall accept any title of nobility, or any other title or office, from any king, or foreign state. Tenth. That no standing army shall be kept up in time of peace, unless with the consent of three-fourths of the members of each branch of Congress, nor shall soldiers in time of peace be quartered upon private houses, without the consent of the owners. Eleventh. Congress shall make no laws touching religion, or to infringe the rights of conscience. Twelfth. Congress shall never disarm any citizen, unless such as are or have been in actual rebellion. 1788] AMENDMENTS OF VIRGINIA. AMENDMENTS PROPOSED BY THE CONVENTION OF 635 Subsequent amendments agreed to in convention, as necessary to the proposed constitution of government for the United States, recommended to the consideration of the Congress which shall first assemble under the said constitution, to be acted upon according to the mode prescribed in the fifth article thereof videlicet: That there be a declaration or bill of rights, asserting and securing from encroachment, the essential and unalienable rights of the people, in some such manner as the following: First. That there are certain natural rights, of which men, when they form a social compact, cannot deprive or divest their posterity, among which are the enjoyment of life and liberty, with the means of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety. Second. That all power is naturally invested in, and consequently derived from the people; that magistrates, therefore, are their trustees and agents, at all times amenable to them. Third. That government ought to be instituted for the common benefit, protection and security of the people; and that the doctrine of non-resistance against arbitrary power and oppression, is absurd, slavish, and destructive of the good and happiness of mankind. Fourth. That no man or set of men are entitled to separate or exclusive public emoluments or privileges from the community, but in consideration of public services, which not being descendible, neither ought the offices of magistrate, legislator, or judge, or any other public office to be hereditary. Fifth. That the legislative, executive and judicial powers of government should be separate and distinct, and that the members of the two first may be restrained from oppression by feeling and participating the public burdens, they should, at fixed periods, be reduced to a private station, return into the mass of the people, and the vacancies be supplied by certain and regular elections; in which all or any part of the former members to be eligible or ineligible, as the rules of the constitution of government, and the laws shall direct. Sixth. That the elections of representatives in the legislature ought to be free and frequent, and all men having sufficient evidence of permanent common interest, with an attachment to the community, ought to have the right of suffrage: and no aid, charge, tax or fee can be set, rated or levied upon the people without their own consent, or that of their representatives so elected, nor can they be bound by any law to which they have not in like manner assented for the public good. Seventh. That all power of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people in the legislature, is injurious to their rights, and ought not to be exercised. Eighth. That in all capital and criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence, and be allowed counsel in his favor, and to a fair and speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty, (except in the government of the land and naval forces;) nor can he be compelled to give evidence against himself. Ninth. That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, privileges, or franchises, or outlawed, or exiled, or in any manner. destroyed or deprived of his life, liberty or property, but by the law of the land. Tenth. That every freeman restrained of his liberty, is entitled to a remedy, to inquire into the lawfulness thereof, and to remove the same, if unlawful, and that such remedy ought not to be denied nor delayed. Eleventh. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is one of the greatest securities to the rights of the people, and ought to remain sacred and inviolable. Twelfth. That every freeman ought to find a certain remedy by recourse to the laws for all injuries and wrongs he may receive in his person, property or character. He ought to obtain right and justice freely without sale, completely and without denial, promptly and without delay, and that all establishments or regulations contravening these rights, are oppressive and unjust. Thirteenth. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Fourteenth. That every freeman has a right to be secure from all unreasonable searches and seizures of his person, his papers and property; all warrants, therefore, to search suspected places, or seize any freeman, his papers or property, without information on oath (or affirmation of a person religiously scrupulous of taking an oath) of legal and sufficient cause, are grievous and oppressive; and all general warrants to search suspected places, or to apprehend any suspected person, without specially naming or describing the place or person, are dangerous and ought not to be granted. Fifteenth. That the people have a right peaceably to assemble together to consult for the common good, or to instruct their representatives; and that every freeman has a right to petition or apply to the legislature for redress of grievances. Sixteenth. That the people have a right to freedom of speech, and of writing and publishing their sentiments; that the freedom of the press is one of the greatest bulwarks of liberty, and ought not to be violated. Seventeenth. That the people have a right to keep and bear arms; that a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defense of a free state. That standing armies in time of peace are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that in all cases the military should be under strict subordination to and governed by the civil power. Eighteenth. That no soldier in time of peace ought to be quartered in any house without the consent of the owner, and in time of war in such manner only as the law directs. Nineteenth. That any person religiously scrupulous of bearing arms, ought to be exempted, upon payment of an equivalent to employ another to bear arms in his stead. Twentieth. That religion, or the duty which we owe |
