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AMENDMENTS. I. The United States shall guaranty 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 man. ner, 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 staie 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 and discharging the public securities of any one state; that each and every state shall bave the exclusive right of making such laws and regulations for the before-mentioned pur. pose 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 vol. untary enlistment, except in cases of general invasion ; any thing in the second para. graph 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 slates 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 Journal of the proceedings of the Senate and House of Representatives shall be published as scon as conveniently may be, at least once in every year; except such parts thereof relating to treaties, alliances, or military operations, as in their judginent 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 officer 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 set. tlement of the poor of the different states throughout the United States.
XX. That Congress erect no company with exclusive advantages of commerce.
XXI. That when two members shall move and 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 14th year of the independence of the United States of America.
By order of the Convention.
(Signed) DANIEL OWEN, President. Attest. DANIEL UPDIKE, Secretary.
On the 9th of February, 1791,
the following acts of the state of Vermont, relating to the Constitution, were communicated to Congress :
14. STATE OF VERMONT. An Act to authorize the People of this state to meet in Convention, to deliberate upon and
agree to the Constitution of the United States. Whereas, in the opinion of this legislature, the future interest and welfare of this state render it necessary that the Constitution of the United States of America, as agreed to by the Convention at Philadelphia, on the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, with the several amendments and alterations, as the same has been established by the United States, should be laid before the people of this state for their approbation,
It is hereby enacted, by the General Assembly of the state of Vermont, That the first constable in each town shall warn the inhabitants, who, by law, are entitled to vote for representatives in General Assembly, in the same inanner as they warn free men's meetings, to meet in their respective towns on the first Tuesday of December next, at ten o 'clock, forenoon, at the several places fixed by law for holding the annual election; and when so met they shall proceed, in the same manner as in the election of representatives, to choose some suitable person, from each town, to serve as a delegate in a state convention, for the purpose of deliberating upon and agreeing to the Constitution of the United States as now established; and the said constable shall certify to the said convention the person so chosen in the manner aforesaid. And,
It is hereby further enacted, by the authority aforesaid, That the persons so elected to serve in state convention, as aforesaid, do assemble and meet together on the first Thursday of January next, at Bennington, then and there to deliberate upon the aforesaid Constitution of the United States, and if approved of by them, finally to assent to and ratify the same, in behalf and on the part of the people of this state, and make report thereof to the governor of this state for the time being, to be by him communicated to the President of the United States, and the legislature of this state.
State of VERMONT. Secretary's Office, Bennington, Jan. 21, 1791. The preceding is a true copy of an act passed by the legislature of the state of Vermont, the twenty-seventh day of October, in the year of our Lord one thousand seven hundred and ninety.
ROSWELL HOPKINS, Secretary of State. IN CONVENTION OF THE DELEGATES OF THE PEOPLE OF THE STATE OF VERMONT.
Whereas, by an act of the commissioners of the state of New York, done at New York, the seventeenth day of October, in the fifteenth year of the independence of the United States of America, one thousand seven hundred and ninety, every impediment, as well on the part of the state of New York as on the part of the state of Vermont, to the admission of the state of Vermont into the Union of the United States of America, is removed; in full faith and assurance that the same will stand approved and ratified by Congress,
This Convention, having impartially deliberated upon the Constitution of the United States of America, as now established, submitted to us by an act of the General Assembly of the state of Vermont, passed October the twenty-seventh, one thousand VOL. I.
seven hundred and ninety,– Do, in virtue of the power and authority to us given for that purpose, fully and entirely approve of, assent to, and ratify, the said Constitution; and declare that, immediately from and after this state shall be admitted by the Congress into the Union, and to a full participation of the benefits of the government now enjoyed by the states in the Union, the same shall be binding on us, and the people of the state of Vermont, forever. Done at Bennington, in the county of Bennington, the tenth day of January, in
the fifteenth year of the independence of the United States of America, one thou
sand seven hundred and ninety-one.
THOMAS CHITTENDEN, President.
At the first session of the first Congress under the Constitution, the following resolution was adopted :
“CONGRESS OF THE UNITED STATES; Begun and held at the City of New York, on Wednesday, the 4th of
March, 1789. “ The conventions of a number of the states having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the government will best insure the beneficent ends of its institu
Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the Constitution of the United States, all or any of which articles, when ratified by three fourths of the said legislatures, to be valid, to all intents and purposes, as part of the said Constitution, namely, “ Articles in Addition to, and Amendment of, the Constitution of the
United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution.
“ Art. I. After the first enumeration required by the first article of the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one representative for every fifty thousand.
“Arr. II. No law varying the compensation for services of the senators and representatives shall take effect, until an election of representatives shall have intervened.
“Art. III. Congress shall make no law respecting an establishment of religion, or prohibiting 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 the government for a redress of grievances.
"Art. IV. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
“ Art. V. No soldier shall, 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.
“Art. VI. The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon principal cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
“Art. VII. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall be 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 shall private property be taken for public use without just compensation.
“Art. VIII. In all criminal prosecutions, the accused shall enjoy the right of a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defence.
“Art. IX. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined, in any court of the United States, than according to the rules in common law.
“Art. X. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
** Art. XI. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
“Art. XII. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people.
“FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives. “ JOHN ADAMS, Vice-President of the United States,
and President of the Senate. “ Attest. John BECKLEY, Clerk of the House of Representatives.
“SAMUEL A. Otis, Secretary of the Senate.” Which, being transmitted to the several state legislatures, were decided upon by them, according to the following returns:
By the State of New Hampshire. — Agreed to the whole of the said amendments, except the 2d article.
By the State of New York. — Agreed to the whole of the said amend. ments, except the 2d article.
By the State of Pennsylvania. — Agreed to the 30, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and 12th articles of the said amendments..
By the State of Delaware. — Agreed to the whole of the said amendments, except the 1st article.
By the State of Maryland. — Agreed to the whole of the said twelve amendments.
By the State of South Carolina. Agreed to the whole said twelve arrendments.
By the State of North Carolina. Agreed to the whole of the said twelve amendments.
By the State of Rhode Island and Providence Plantations. Agreed to the whole of the said twelve articles.
By the State of New Jersey. -- Agreed to the whole of the said amendments, except the second article.
By the State of Virginia. — Agreed to the whole of the said twelve articles.
No returns were made by the states of Massachusetts, Connecticut, Georgia, and Kentucky.
The amendments thus proposed became a part of the Constitution, the first and second of them excepted, which were not ratified by a sufficient number of the state legislatures.
At the first session of the third Congress, the following amendment was proposed to the state legislatures :
“ United STATES IN CONGRESS ASSEMBLED. "Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both houses concurring, That the following article be proposed to the legislatures of the several states, as an amendment to the Constitution of the United States; which, when ratified by three fourths of the said legislatures, shall be valid as part of the said Constitution, namely,
“The judicial power of the United States shall not be construed to extend to any suit in, law or equity, commenced or prosecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state."
“FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives. “ JOHN ADAMS, Vice-President of the United States,
and President of the Senate. * Attest. J. BECKLEY, Clerk of the House of Representatives.
“ Sam. A. Otis, Secretary of the Senate." From the Journals of the House of Representatives, at the second session of the third Congress, it appears that returns from the state legislatures, ratifying this amendment, were received, as follows:
From New York, Massachusetts, Vermont, New Hampshire, Georgia, and Delaware.
At the first session of the fourth Congress, further returns, ratifying the same amendment, were received from Rhode Island and North Carolina.