CHAPTER and to subject the people to a double set of tribunals. I. The reply was-and there was no answer to it—that 1789. this was an objection not so much to the bill as to the Constitution itself, which made such a system neces

sary.

Conforming to the strong and prevailing sentiment of Virginia, and to the pledges which he had found it necessary to give, Madison had early called attention to the subject of amending the Constitution. The amendments already proposed, in an official or semi-official form, were sufficiently numerous. The minority in the Pennsylvania Convention had proposed fourteen; the Massachusetts Convention, nine; the Maryland minority, twenty-eight; the South Carolina Convention, four; the New Hampshire Convention, twelve; the Virginia Convention, twenty; that of New York, thirty-two; besides separate Bills of Rights proposed by Virginia and New York, the one in twenty, the other in twenty-four articles. The Harrisburg Convention, held in response to the New York circular, had suggested twelve amendments; the Convention of North Carolina, while giving their conditional ratification, twenty-six. But the whole number of separate propositions was by no means so great as this enumeration might lead one to suppose. The nine Massachusetts propositions had been repeated by New Hampshire; the twenty of Virginia by North Carolina; and in many other cases, two, three, or more states had agreed in suggestions identical or very similar.

The amendments originally suggested by Massachusetts were, 1st. That all powers not expressly delegated to Congress should be reserved to the states: recommended also by Virginia, South Carolina, North Caro lina, and by the minorities in Pennsylvania and Mary land, and, in a modified form, afterward sanctioned by

:

1.

Congress and adopted by the states. 2d. That the ratio CHAPTER of representation in the Lower House should continue at one for thirty thousand till the number of representatives 1789. amounted to two hundred recommended also by Virginia, North Carolina, and New York. 3d. That Congress should exercise the power of regulating by law the election of senators and representatives only as to those states neglecting to make the necessary provisions: substantially recommended by Virginia, South Carolina, and New York. 4th. That no direct tax should be levied till the resources of duties on imports and excise should be exhausted, and then only by way of requisition in the first place, Congress, however, to assess and levy, with interest, the quota of any delinquent state: substantially recommended by South Carolina, Virginia, and New York. 5th. That Congress should erect no companies with exclusive privileges of commerce: recommended by New York and South Carolina. 6th and 7th. That no person be tried for any crime (cases in the military and naval service excepted) without previous indictment by a grand jury; and that, in civil cases, the right of trial by jury should be preserved: recommended also by Virginia and the Pennsylvania minority, and both provisions presently incorporated in substance into the amendments which were afterward ratified. 8th. That the federal courts should have no jurisdiction of suits between citizens of different states, when the amount in dispute did not exceed fifteen hundred dollars. 9th. That Congress should never consent to the acceptance by any federal officer of any title or office from any foreign power: recommended also by New York.

The amendments proposed by Virginia, in which she had not been anticipated by Massachusetts, were as fol

CHAPTER lows: 1st. That members of Congress, during the period I. for which they were chosen, should be disqualified to hold 1789. any federal office. 2d. That the journals of Congress, with a regular account of receipts and expenditures, should be published annually recommended also by New York. 3d. That no treaty ceding the territorial rights or claims of the United States, or any of them, or any right of fishing in American seas, or of navigating American rivers, should be ratified without the concurrence of three fourths of both houses of Congress. 4th. That no navigation law, or laws relating to commerce, should be passed without the consent of two thirds of the members present. 5th. That no standing army or regular troops should be raised or kept up in time of peace, without a like two thirds vote: recommended also by New York, by the Maryland minority, and by New Hampshire, which state proposed to require in such cases a vote of three fourths. 6th. That no soldier should be enlisted for more than four years, except in time of war, and then only for the war originally proposed by the Maryland minority. 7th. That upon the neglect of Congress to provide for arming and organizing the militia, each state might act for itself. 8th. That the exclusive legislation of Congress over the Federal District should extend only to regulations respecting police and good government. 9th. That the same person should not be allowed to hold the office of president more than eight years in sixteen. 10th. That the federal judiciary power should not extend to cases originating before the ratification of the Constitution, except territorial disputes between states, disputes as to lands claimed under grants by different states, and suits for debts due the United States an amendment carefully contrived to exclude suits by British creditors. 11th. That after the

I.

first Congress, no future Congress should have power to CHAPTER fix its own compensation; laws on that subject not to go into effect till an election had intervened: recom- 1789. mended also by New York. 12th. That some tribunal other than the Senate be provided for trying the impeachments of senators. 13th. That the salaries of judges should not be increased or diminished during their continuance in office, except at stated periods of seven years.

The propositions originating in New York were, 1st. A prohibition to impose any tax of excise, except on domestic spirits. 2d. Disability to be members of Congress, except on the part of natural-born citizens, or persons naturalized prior to the Declaration of Independence, or who had held commissions in the Continental service during the late war. 3d. A vote of two thirds to be required in both houses to borrow money or to declare war. 4th. The Habeas Corpus Act not to be suspended for a longer period than six months, or twenty days after the next meeting of Congress. 5th. The exclusive jurisdiction of Congress over the Federal District not to be so exercised as to exempt the inhabitants from paying the like taxes and duties with the rest of the people, or to exempt any one from arrest for crimes committed or debts contracted out of the district. 6th. The like jurisdiction over forts, arsenals, &c., not to prevent the extension over them of the civil and criminal laws of the states in which they might be situated, except as to persons in the service of the United States, and not as to them so far as related to crimes committed out of such places. 7th. Both houses of Congress to sit with open doors, unless the business might require secrecy, the yeas and nays to be taken and recorded at the request of two members. 8th, 9th, and 10th. The state Legislatures to be entitled to recall their senators at pleasure

CHAPTER and to elect others; the temporary right of the staté exI. ecutives to fill vacancies, to be taken away, and no person 1789. to hold the place of senator more than six years in twelve.

11th. The power of Congress to pass bankrupt laws to extend only to merchants and traders, the states to retain the power of passing laws for the relief of other insolvents. 12th. No person to be eligible to the office of president for a third time. 13th and 14th. The pardoning power not to be exercised without the consent of Congress, nor the president, without like consent, ever to command an army in the field. 15th. All writs, commissions, letters patent, &c., to be in the name of the people of the United States. 16th. The jurisdiction of the federal courts to be only appellate, except in admiralty and maritime cases. 17th. In case of impeachments, the Senate to be assisted by the judges of the Supreme Court of the United States and the chief justices of the highest state courts. 18th. Any person dissatisfied with any judgment or decree of the Supreme Federal Court to be entitled to a review and re-examination of his case by such persons learned in the laws, not less than seven, as the president, with the consent of the Senate, might appoint. 19th. No judge of the Supreme Court to hold any other federal office. 20th. The jurisdiction of the federal courts not to extend to controversies respecting land, excepting such as might involve questions of state jurisdiction. 21st. The militia of no state to be compelled to serve out of the limits of the state for a longer period than six weeks, without the consent of the state Legislature. 22d. All federal officers to take an oath not to infringe upon the Constitution and rights of the respective states. 23d. The states to be authorized to require residence within the district making the choice as a qualification for federal representatives.