bodied in the fifth amendment to the Constitution, and that the eighth recommendation is included in the seventh amendment. With the exception of these two, none of

the recommendations were ever adopted.

§ 448. 7th. The seventh state to ratify the Constitution was Maryland. This was done without any collateral resolutions, on the 28th of April, 1788.

§ 449. 8th. The next was the state of South Carolina, which ratified on the 23d of May, 1788. Accompanying their recommendation also, were several resolutions, the substance of which is as follows; viz.

1. The first resolution was the same as the third of Massachusetts, in relation to the power of Congress to regulate the elections of its members.

2. The second was the same as the first of Massachusetts, in relation to the powers not expressly granted. 3. The third was the same as the fourth of Massachusetts, in relation to direct taxes.

4. The fourth was a verbal criticism on the third section of the sixth article.

5. The fifth made it a standing instruction to the delegates from that state to endeavor to have these alterations made.

None of these proposed amendments were ever made. § 450. 9th. The ninth state which ratified, and which made up the number which was necessary to put the Constitution in operation, was New-Hampshire; this took place on the 21st of June, 1788. In the convention of this state, as in Massachusetts, there was great opposition to the Constitution, and their ratification was accompanied with the following recommendations.

1. The first is the same as those of Massachusetts and South Carolina, in relation to powers not expressly delegated.

2. The second is the same as the second of Massachusetts.

Elliott's Debates, 213.

24 Idem, 214.

3. The third, fourth, fifth, sixth, seventh, eighth, and ninth alterations proposed are the same with the corresponding ones, proposed by Massachusetts. In fact, as far as the tenth, the New-Hampshire propositions seem to have been a literal copy from those of Massachusetts.

10. The tenth was, that no standing army should be kept in time of peace, without the consent of threefourths of both branches of Congress, nor shall soldiers in time of peace be quartered upon private houses without the consent of owners.

11. Congress shall make no laws touching religion, nor infringe the rights of conscience.

12. Congress shall not disarm citizens unless such as have been in rebellion.

The latter part of the tenth alteration proposed is embraced in the third amendment to the Constitution. The eleventh is included in the first amendment to the Constitution. The twelfth is the second amendment. §451. 10th. The tenth state in the order of ratification was Virginia, which ratified on the 26th June, 1788. In this state also there was much opposition, and their ratification was accompanied by a declaration of rights, in substance as follows; viz.

That the people may resume the powers of government, when they are perverted and abused to their injury and oppression; that every power not granted remains with them and at their will; that no right can be cancelled, abridged, or restrained by Congress, the President, or any department or officer of the United States, except where the power is given by the Constitution for these purposes; and that the rights of conscience and of the press cannot be so restrained, modified, or cancelled.

This declaration contained the substance of many of the resolutions offered by other states; and we shall

14 Elliott's Debates, 215.

see, in the course of this chapter, the portion of them which was adopted.

§ 452. 11th. The eleventh state adopting the Constitution was New-York. Their ratification was made on the 26th July, in the year 1788. It was accompanied by a long declaration of rights, and a series of proposed amendments.

In addition to the amendments already proposed by other states, there were the following:

That Congress should not impose an excise on any article of the growth, production, or manufacture of the United States.

That no person should be eligible as President, VicePresident, or member of Congress, who was not a natural born citizen, or a citizen on the 4th of July, 1776, or held a commission under the United States during the war, and became citizens subsequently, and who shall be freeholders.

That to borrow money, or declare war, two-thirds of the senators and representatives present must concur.

That the privilege of Habeas Corpus shall not be suspended for a longer time than six months, or until twenty days after the meeting of the next Congress.

That the right of exclusive jurisdiction over ten miles square shall not exempt its citizens from paying the same taxes that other citizens do, nor privilege them from arrest for crimes committed, or debts contracted without the district.

That the right of exclusive jurisdiction over certain public places shall not authorize Congress to prevent the operation of the state laws in civil and criminal matters, except as to persons in the employ of the United States, nor as to them, in respect to crimes.

That the compensation of members of Congress be fixed by standing laws, and no alteration operate for the benefit of members making it.

14 Elliott's Debates, 216.

That the Journals of Congress shall be published at least once a year, except such parts as may require secrecy; that they shall keep their doors open; and that two members may require the yeas and nays. That no capitation tax shall be laid.

That no person shall be senator more than six years out of twelve; that the legislatures may recall their senators and elect others.

That no member of Congress shall, during the time for which he was elected, be appointed to any office under the United States.

That the power of Congress to pass bankrupt laws should only extend to merchants and traders, and that the states have power to pass other insolvent laws.

That no person be eligible as President a third time. That the executive shall not grant pardons for treason without the consent of Congress, but may reprieve them till heard by Congress.

That the President, or person acting as such, shall not command the army in the field unless by desire of Congress.

That all letters patent, commissions, writs, &c., should run in the name of "the People of the United States," and be tested in the name of the President of the United States, or the first judge of the court out of which process shall issue.

That Congress should constitute no inferior tribunals with appellate power, except such as are necessary for admiralty and maritime jurisdiction, and in other cases where the jurisdiction is not original, causes shall be tried by the state courts, with a right of appeal to the Supreme Court.

That the court for the trial of impeachments shall consist of the Senate, the judges of the Supreme Court, and the chief judge of the highest court in each

state.

That no judge of the Supreme Court shall hold any

other office under the government of the United States, or any of them.

That the militia shall not be compelled to serve out of the state for more than six weeks, without the consent of the legislature.

None of these propositions were adopted, but taken in connexion with the amendments proposed by other states, they show what construction was, at the time, placed upon some of the most important clauses of the Constitution.

§ 453. 12th. 'The twelfth state which ratified the Constitution was North Carolina, on the 21st of November, 1789. In this state, also, there was great opposition, and a resolution was passed, declaring that a bill of rights should be annexed to the Constitution, and several amendments adopted.

§ 454. The ratification of New-Hampshire, the ninth in order, was received by Congress on the 2d of July, 1788. They then appointed a committee to report an act to put the Constitution into operation. Under that act the Constitution went into operation on the 4th of March, 1789. It has been seen that North Carolina did not ratify till November, so that the first election of President was made by eleven states.

§ 455. Rhode Island was not represented in the Convention, and did not ratify the Constitution till the 29th of May, 1790,2 more than a year after it had gone into practical operation. The ratification was accompanied by a Declaration of Rights, and the recommendation of many amendments. They recommended nearly all the alterations proposed by other states, and the following additional ones;—

That the judicial power of the United States, in which a state is a party, shall not extend to criminal prosecutions, nor to authorize any suit, by any person, against a state.