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X. 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 or delayed.

XI. That in controversies respecting property, and in suits between man and man, the ancient trial by jury, as hath been exercised by us and our ancestors, from the time whereof the memory of man is not to the contrary, is one of the greatest securities to the rights of the people, and ought to remain sacred and inviolable.

XII. That every freeman ought to obtain right and justice, freely and without sale, completely and without denial, promptly and without delay; and that all establishments or regulations contravening these rights are oppressive and unjust.

XIII. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.

XIV. That every person has a right to be secure from all unreasonable searches and seizures of his person, his papers or his property; and therefore, that all warrants to search suspected places, or seize any person, his papers or his property, without information upon oath or affirmation of sufficient cause, are grievous and oppressive; and that all general warrants (or such in which the place or person suspected are not particularly designated) are dangerous, and ought not to be granted.

XV. That the people have a right peaceably to assemble together to consult for their common good, or to instruct their representatives; and that every person has a right to petition or apply to the legislature for redress of grievances.

XVI. That the people have a right to freedom of speech, and of writing and publishing their sentiments. That freedom of the press is one of the greatest bulwarks of liberty, and ought not to be violated.

XVII. That the people have a right to keep and bear arms; that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural and safe defence of a free state; that the militia shall not be subject to martial law, except in the time of war, rebellion or insurrection; that standing armies in time of peace are dangerous to liberty, and ought not to be kept up, except in cases of necessity; and that at all times the military should be under strict subordination to the civil power; that in time of peace no soldier ought to be quartered in any house without the consent of the owner, and in time of war only by the civil magistrate, in such manner as the law directs.

XVIII. 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.

Under these impressions, and declaring that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid are consistent with the said constitution, and in confidence that the amendments hereafter mentioned will receive an early and mature consideration, and, conformably to the fifth article of said constitution, speedily become a part thereof-We, the said delegates, in the name and in the behalf of the people of the State of Rhode Island and Providence Plantations, do by these presents assent to and ratify the said constitution. In full confidence, nevertheless, that until the amendments hereafter proposed shall be agreed to and ratified, pursuant to the aforesaid fifth article, the militia of this state will not be continued in service out of this state for a longer term than six weeks, without the consent of the legislature thereof; that the congress will not make or alter any regulation in this state respecting the times, places and manner of holding elections for senators or representatives, unless the legislature of this state shall neglect or refuse to make laws or regulations for the pur


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pose, or from any circumstance be incapable of making the same, and that in those cases such power will only be exercised until the legislature of this state shall make provision in the premises; that the congress will not lay direct taxes within this state, but when the moneys arising from the impost, tonnage and excise, shall be insufficient for the public exigencies ; nor until the congress shall have first made a requisition upon this state to assess, levy and pay the amount of such requisition made, agreeably to the census fixed in the said constitution, in such way and manner as the legislature of this state shall judge best; and that the congress will not lay any capitation or poll tax. Done in convention at Newport, in the county of Newport, in the state

of Rhode Island and Providence Plantations, the twenty-ninth day of May, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the Independence of the United States of America.

By order of the convention, (Signed)

DANIEL OWEN, President. Attest, DANIEL Updike, Sec’ry.

And the convention do, in the name and behalf of the people of the state of Rhode-Island and Providence Plantations, enjoin it upon their senators and representative or representatives, which may be elected to represent this state in congress, to exert all their influence and use all reasonable means to obtain a ratification of the following amendments to the said constitution, in the manner prescribed therein; and in all laws to be passed by the congress in the mean time, to conform to the spirit of the said amendments, as far as the constitution will admit.


1. The United States shall guarantee to each state its sovereignty, freedom, and independence, and every power, jurisdiction and right, which is not by this constitution expressly delegated to the United States.

II. That congress shall not alter, modify, or interfere in the times, places or manner of holding elections for senators and representatives, or either of them, except when the legislature of any state shall neglect, refuse, or be disabled by invasion or rebellion, to prescribe the same, or in case when the provision made by the state is so imperfect as that no consequent election is had, and then only until the legislature of such state shall make provision in the premises.

III. It is declared by the convention, that the judicial power of the United States, in cases in which a state may be a party, does not extend to criminal prosecutions, or to authorize any suit by any person against a state; but to remove all doubts or controversies respecting the same, that it be especially expressed as a part of the constitution of the United States, that congress shall not, directly or indirectly, either by themselves, or through the judiciary, interfere with any one of the states, in the redemption of paper money already emitted, and now in circulation, or in liquidating or discharging the public securities of any one state ; that each and every state shall have the exclusive right of making such laws and regulations for the before mentioned purpose as they shall think proper.

IV. That no amendments to the constitution of the United States, hereafter to be made, pursuant to the fifth article, shall take effect, or become a part of the constitution of the United States, after the year one thousand

seven hundred and ninety-three, without the consent of eleven of the states heretofore united under the confederation.

V. That the judicial powers of the United States shall extend to no possible case where the cause of action shall have originated before the ratification of this constitution; except in disputes between states about their territory, disputes between persons claiming lands under grants of different states, and debts due to the United States.

VI. That no person shall be compelled to do military duty otherwise than by voluntary enlistment, except in cases of general invasion; any thing in the second paragraph of the sixth article of the constitution, or any law made under the constitution, to the contrary, notwithstanding.

VII. That no capitation or poll tax shall ever be laid by congress.

VIII. In cases of direct taxes, congress shall first make requisitions on the several states to assess, levy, and pay their respective proportions of such requisitions, in such way and manner as the legislatures of the several states shall judge best ; 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, at the rate of six per cent. per annum, from the time prescribed in such requisition.

IX. That congress shall lay no direct taxes without the consent of the legislatures of three-fourths of the states in the Union. X. That the journals of the proceedings of the senate and house of

representatives shall be published as soon as conveniently may be, at least once in every year; except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy.

XI. That regular statements of the receipts and expenditures of all public

moneys shall be published at least once a year. XII. As standing armies in time of peace are dangerous to liberty, and ought not to be kept up except in cases of necessity, and as at all times the military should be under strict subordination to the civil power, that therefore no standing army or regular troops shall be raised or kept up in time of peace.

XIII. That no moneys be borrowed on the credit of the United States, without the assent of two-thirds of the senators and representatives present in each house.

XIV. That the congress shall not declare war without the concurrence of two-thirds of the senators and representatives present in each house.

XV. That the words “ without the consent of congress," in the seventh clause in the ninth section of the first article of the constitution, be expunged.

XVI. That no judge of the supreme court of the United States shall hold any other office under the United States, or any of them; nor shall any of ficer appointed by congress, or by the president and senate of the United States, be permitted to hold any office under the appointment of any of the states.

XVII. As a traffic tending to establish or continue the slavery of any part of the human species is disgraceful to the cause of liberty and humanity, that congress shall, as soon as may be, promote and establish such laws and regulations as may effectually prevent the importation of slaves of every description into the United States.

XVIII. That the state legislatures have power to recall, when they think it expedient, their federal senators, and to send others in their stead."

XIX. That congress have power to establish a uniform rule of inhabitancy or settlement of the poor of the different states, throughout the United States.

XX. That congress erect no company with exclusive advantages of com


XXI. That when two members shall move or call for the ayes and nays on any question, they shall be entered on the journals of the houses respectively.

Done in convention, at Newport, in the county of Newport, in the state

of Rhode Island and Providence Plantations, the twenty-ninth day of May, in the year of our Lord one thousand seven hundred and ninety, and the fourteenth year of the independence of the United States of America.

By order of the convention, (Signed)

DANIEL OWEN, President. Attest, Daniel UPDIKE, Sec'ry.


Of September, 1796.


Friends and Fellow-Citizens :

The period for a new election of a citizen to administer the executive gove ernment of the United States being not far distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed, to decline being con. sidered among the number of those out of whom a choice is to be made.

I beg you, at the same time, to do me the justice to be assured, that this resolution has not been taken without a strict regard to all the considerations appertaining to the relation which binds a dutiful citizen to his country; and that, in withdrawing the tender of service which silence in my situation might imply, I am influenced by no diminution of zeal for your future interests, no deficiency of grateful respect for your past kindness; but am supported by a full conviction that the step is compatible with both.

The acceptance of, and continuance hitherto in, the office to which your suffrages have twice called me, have been an uniform sacrifice of inclination to the opinion of duty, and to a deference for what appeared to be your desire. I constantly hoped, that it would have been much earlier in my power, consistently with motives which I was not at liberty to disregard, to return to that retirement from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last election, had even led to the preparation of an address to declare it to you; but mature reflection on the then perplexed and critical posture of our affairs with foreign nations, and the unanimous advice of persons entitled to my confidence, impelled me to abandon the idea.

I rejoice that the state of your concerns, external as well as internal, no longer renders the pursuit of inclination incompatible with the sentiment of duty or propriety; and am persuaded, whatever partiality may be retained for my services, that in the present circumstances of our country, you will not disapprove my determination to retire.

The impressions with which I first undertook the arduous trust were ex1 plained on the proper occasion. In the discharge of this trust, I will only

say, that I have with good intentions contributed, towards the organization and administration of the government, the best exertions of which a very fal. lible judgment was capable. Not unconscious, in the outset, of the inferiority of my qualifications, experience, in my own eyes, perhaps still more in the eyes of others, has strengthened the motives to diffidence of myself; and every day the increasing weight of years admonishes me more and more, that the shade of retirement is as necessary to me as it will be welcome. Satisfied that if any circumstances have given peculiar value to my services, they were temporary, I have the consolation to believe, that while choice and prudence invite me to quit the political scene, patriotism does not forbid it.

In looking forward to the moment which is intended to terminate the career of my public life, my feelings do not permit me to suspend the deep acknowledgments of that debt of gratitude which I owe to my beloved country, for the many honors it has conferred upon me; still more for the steadfast confidence with which it has supported me, and for the opportunities I have thence enjoyed of manifesting my inviolable attachment, by services faithful and persevering, though in usefulness unequal to my zeal. If benefits have resulted to our country from these services, let it always be remembered to your praise, and as an instructive example in our annals, that under circumstances in which the passions, agitated in every direction, were liable to mislead ; amidst appearances sometimes dubious-vicissitudes of fortune often discouraging—in situations in which not unfrequently want of success has countenanced the spirit of criticism-the constancy of your support was the essential prop of the efforts, and a guarantee of the plans by which they were effected. "Profoundly penetrated with this idea, I shall carry it with me to my grave, as a strong incitement to unceasing vows, that Heaven may continue to you the choicest tokens of its beneficence—that your union and brotherly affection may be perpetual—that the free constitution, which is the work of your hands, may be sacredly maintained—that its administration in every department may be stamped with wisdom and virtue-that, in fine, the happiness of the people of these States, under the auspices of liberty, may be made complete, by so careful a preservation, and so prudent a use of this blessing, as will acquire to them the glory of recommending it to the applause, the affection and adoption of every nation which is yet a stranger

Here, perhaps, I ought to stop. But a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger, natural to that solicitude, urge me, on an occasion like the present, to offer to your solemn contemplation, and to recommend to your frequent review, some sentiments, which are the result of much reflection, of no inconsiderable observation, and which appear to me all-important to the permanency of your felicity as a people. These will be offered to you with the more freedom, as you can only see in them the disinterested warnings of a parting friend, who can possibly have no personal motive to bias his counsel. Nor can I forget, as an encouragement to it, your indulgent reception of my sentiments on a former and not dissimilar occasion.

Interwoven as is the love of liberty with every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attachment.

The unity of government which constitutes you one people, is also now dear to you. It is justly so; for it is a main pillar in the edifice of


real independence, the support of your tranquillity at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee, that from different causes, and from different quarters, much pains will be taken, many artifices employed, to weak

to it.

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