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APPENDIX

TO GALES AND SEATON'S HISTORY OF DEBATES IN THE FIRST

CONGRESS.

Ralifications of the Amendments to the Con- | ments to the Constitution of the United States; stitulion of the United States. all or any of which articles, when ratified by

three-fourths of said Legislatures, to be valid to BY THE STATE OF NEW HAMPSHIRE.

all intents and purposes as a part of said ConIn the House of Representatives, stitution, viz: January 25, 1790.

Articles in addition to, and amendment of, the Upon reading and maturely considering the

Constitution of the United States of America, proposed amendments to the Federal Consti

proposed by Congress, and ratified by the tution,

Legislatures of the several States, pursuant Voted, 'To accept the whole of said amend- to the fifth article of the original Constituments, except the second article, which was re- tion. jected

Sent up for concurrence.
THOMAS BARTLETT, Speaker.

Article First. After the first enumeration re

quired by the first article of the Constitution, In Senate, the same day, read and concur- there shall be one Representative for every red. J. PEARSON, Secretary.

thirty thousand, until the number shall amount to one hundred, after which the proportion shall

be so regulated by Congress, that there shall be BY THE STATE OF NEW YORK.

not less than one hundred Representatives, nor The People of the State of New York, by the less than one Representative for every forty

Grace of God free and independent: thousand persons, until the number of RepreTo all to whom these presents shall come or sentatives shall amount to two hundred; after may concern, greeling:

which, the proportion shall be so regulated by Know ye, that we, having inspected the re hundred Representatives, nor more than one

Congress that there shall not be less than two cords remaining in our Secretary's office, do find there a certain act of our Legislature, in Representative for every fifty thousand persons. the words following:

Article the Second. No law varying the com

pensation for the services of the Senators and AN ACT ratifying certain Articles in addition Representatives shall take effect until an electo, and amendment of, the Constitution of tion of Representatives shall have intervened. the United States of America, proposed by Article the Third. Congress shall make no the Congress.

law respecting an establishment of religion, or Whereas, by the fifth article of the Constitu- prohibiting the free exercise thereof, or abridgtion of the United States of Ainerica, it is pro- ing the freedom of speech, or of the press, or vided that the Congress, whenever two-thirds the right of the People peaceably to assemble of both Houses shall deem it necessary, shall and to petition the Government for a redress of propose amendments to the said Constitution, grievances. which shall be valid to all intents and purposes Article the Fourth. A well regulated militia as part of the said Constitution, when ratified being necessary to the security of a free State, by the Legislatures of three-fourths of the seve the right of the People to keep and bear arms ral States, or by Conventions in three-fourths shall not be infringed. thereof, as the one or the other mode of ratifi- Article the Fifih. No soldier shall, in time cation inay be proposed by Congress.

of peace, be quartered in any house without the And whereas, in the session of the Congress consent of the owner, nor in time of war but in of the United States of America, begun and a manner to be prescribed by law. held at the city of New York, on Wednesday, Article the Sixth. The right of the People to the fourth of March, one thousand seven hun be secure in their persons, papers, houses, and dred and eighty-nine, it was resolved by the effects, against unreasonable searches and seiSenate and House of Representatives of the zures shall not be violated; and no warrant United States of America, in Congress assem- shall issue but upon probable cause, supported bled, two-thirds of both Houses concurring, by oath or affirmation, and particularly describthat the following articles be proposed to the ing the place to be searched, and the persons Legislatures of the several States, as amend or things to be seized.

Amendments to the Constitution.

prosecu

Article the Seventh. No person shall be held Resolved, That this bill do pass. to answer for a capital or otherwise infamous

By order of the Senate, crime, unless on a presentment or indictment

ISAAC ROOSEVELT, of a grand jury, except in cases arising in the land or naval forces, or in the militia when in

President pro hac vice. actual service, in time of war, or public danger; nor shall any person be subject, for the

BY THE STATE OF PENNSYLVANIA. same offence, to be twice put into jeopardy of life or limb; nor shall be compelled, in any

IN GENERAL ASSEMBLY, criminal case, to be a witness against himself,

State of Pennsylvania, to wit: nor be deprived of life, liberty, or property, without due process of law; nor shall private

In pursuance of a resolution of the General property be taken for public use without just Assembly of the State of Pennsylvania, being compensation.

the Legislature thereof, I do hereby certify that Article the Eighth. In all criminal

the paper hereunto annexed contains an exact tions, the accused shall enjoy the right of a and true exemplification of the act whereof it speedy and public trial by an impartial jury of purports to be a copy, by virtue whereof the the State and District wherein the crime shall several amendments therein mentioned, prohave been committed, which District shall have posed to the Constitution of the United States, been previously ascertained by law, and to be were, on the part of the Commonwealth of informed of the nature and cause of the accu

Pennsylvania, agreed to, ratified, and consation; to be confronted with the witnesses

firmed. against him; to have compulsory process for

Given under my hand, and the Seal of the obtaining witnesses in his favor; and to have State, this eleventh day of March, in the year of the assistance of counsel for his defence.

our Lord one thousand seven hundred and Article the Ninth. In suits of common law, ninety. where the value in controversy shall exceed

RICHARD PETERS, Speaker. twenty dollars, the right of trial by jury shall be preserved; and ņo fact tried by a jury shall AN ACT declaring the assent of this State to be otherwise examined, in any Court of the

certain amendments to the Constitution of United States, than according to the rules of

the United States. the common law.

Section 1. Whereas, in pursuance of the fifth Article the Tenth. Excessive bail shall not article of the Constitution of the United be required, nor excessive fines imposed, nor States, certain Articles of Amendment to the cruel or unusual punishments inflicted.

said Constitution have been proposed by the Article the Eleventh. The enumeration in

Congress of the United States, for the consithe Constitution of certain rights shall not be deration of the Legislatures of the several construed to deny or to disparage others retain- States: And whereas this House, being the ed by the People.

Legislature of the State of Pennsylvania, havArticle the Twelfth. The powers not dele- ing maturely deliberated thereupon, have regated to the United States by the Constitution,

solved to adopt and ratify the articles herenor prohibited to it by the States, are reserved

after enumerated, as part of the Constitution to the States, respectively, or to the People. of the United States:

And whereas the Legislature of this State have considered the said Articles, and do agree is hereby enacted by the Representatives of the

Section 2. Be it enacted, therefore, and it to the same, except the second Article: There- Freemen of the Commonwealth of Pennsylvafore,

Be it enacted by the People of the State of nia, in General Assembly met, and by the auNew York represented in Senate and Assembly, thority of the same. That the following amendand it is hereby enacted by the authority of the ments to the Constitution of the United States, same, That the said Articles, except the se

proposed by the Congress thereof, viz: cond, shall be, and are hereby, ratified, by the (Here follow the third, fourth, fifth, sixth, Legislature of this State.

seventh, eighth, ninth, tenth, eleventh, and

twelfth articles, which were proposed by ConSTATE OF New YORK, IN ASSEMBLY, gress to the Legislatures of the several States, February 22, 1790. as amendments to the Constitution of the Uni

ted States. ] This bill having been read the third time, Resolved, That this bill do pass.

Be, and they are hereby, ratified, on behalf

of this State, to become, when ratified by the By order of the Assembly,

Legislatures of three-fourths of the several GULIAN VERPLANCK, Speaker. States, part of the Constitution of the United

States.
STATE OF NEW YORK, IN SENATE,

Signed by order of the House,
February 24, 1790.

RICHARD PETERS,
This bill having been read a third time,

Speaker of the G, A.

Amendments to the Constitution.

BY THE STATE OF DELAWARE.

BY THE STATE OF SOUTH CAROLINA. UNITED STATES, March 8, 1790.

CHARLESTON, January 28, 1790. Gentlemen of the Senate

I have the honor to transmit you the entire and House of Representatives:

adoption, by the Legislature of this State, of the I have received from His Excellency Joshua the United States.

Amendments proposed to the Constitution of Clayton, President of the State of Delaware, the United States. the Articles proposed by Congress to the Legis

I am, with the most perfect esteem and relatures of the several States, as Amendments to spect, your most obedient servant,

CHARLES PINCKNEY. the Constitution of the United States, which articles were transmitted to him for considera

In The House or REPRESENTATIVES, tion of the Legislature of Delaware, and are

January 18, 1790. now returned, with the following resolutions The House took into consideration the Reannexed to them, viz:

port of the committee to whom was referred the “ The General Assembly of Delaware having taken resolution of the Congress of the United States, into their consideration the above Amendments, pro- of the fourth day of March, one thousand seven posed by Congress to the respective Legislatures of hundred and eighty-nine, proposing Amendthe several States:

ments to the Constitution of the United States. Resolved, That the first article be postponed. After enumerating all the twelve articles, it

Resolved, that the General Assembly do agree to is added, the second, third, fourth, fifth, sixth, seventh, Which being read through, was agreed to. eighth, ninth, tenth, eleventh, and twelfth articles;

Resolved, that this House do adopt the said seveand we do hereby assent to, ratify, and confirm, the ral articles, and that they become a part of the Consame, as part of the Constitution of the United States.stitution of the United States. In testimony whereof, we have caused the

Resolved, that the resolutions be sent to the Se great seal of the State to be hereunto affixed, nate for their concurrence. this twenty-eighth day of January, in the year By oriler of the House: of our Lord one thousand seven hundred and

JACOB READ, ninety, and in the fourteenth year of the Inde

Speaker of the House Reps. pendence of the Delaware State.

IN SENATE, January 19, 1790. Signed by order of the Council,

Resolved, that this House do concur with the GEO. MITCHELL, Speaker.

House of Representatives in the foregoing resoluSigned by order of the Ho. of Assembly, tions. JEHU DAVIS, Speaker."

By order of the Senate:

D. DE SAUSSURE,

President of the Senate. BY THE STATE OF MARYLAND.

BY THE STATE OF NORTH CAROLINA. ANNAPOLIS, January 15, 1790. Sir: I have the honor to enclose a copy of an

AN ACT to ratify the Amendments to the Act of the Legislature of Maryland, to ratify

Constitution of the United States. certain articles in addition to, and amendment Whereas the Senate and House of Represenof, the Constitution of the United States of tatives of the United States of America in ConAmerica, proposed by Congress to the Legisla- gress assembled, on the fourth day of March, tures of the several States.

did resolve, two-thirds of both Houses concurI have the honor to be, with the highest re- ring, that the following articles be proposed to spect, sir, your most obedient servant,

the Legislatures of the several States, as amendJ. E. HOWARD.

ments to the Constitution of the United States, His Excellency the PRESIDENT

all or any of which articles, when ratified by of the United States.

three-fourths of the said Legislatures, to be va[Here follows an Act of the Legislature enu- lid, to all intents and purposes, as part of said merating all the twelve Amendments proposed Constitution. by Congress, concluding with the following (Here follow the several Articles of Amendenacting clause:]

ment, verbatim, as proposed by Congress to the Be it enacted by the General Assembly of Legislatures of the several Ştates.) Maryland, That the aforesaid articles, and

Be it therefore enacted by the General Aseach of them, be, and they are hereby, confirm- sembly of the State of North Carclina, and it ed and ratified.

is hereby enacted by the authority of the same, By the House of Delegates, Dec. 17, 1789.

That the said Amendments, agreeable to the Read and assented to. By order.

fifth article of the original Constitution, be held W. HARWOOD, Clerk.

and ratified on the part of this State as articles

in addition to, and amendment of, the ConstiBy the Senate, Dec. 19, 1790.

tution of the United States of America. Read and aggented to. By order.

CHA'S JOHNSON, S. S. H. RIDGELY, Clerk.

S. CABARRUS, $. H. C.

Amendments to the Constitution.

Read three times, and ratified in General As Wednesday, the fourth day of March, one thousembly, this 22d day of December, Anno Do- sand seven hundred and eighty-nine, resolved, mini 1789.

two-thirds of both Houses concurring, that sunJAMES GLASGOW, Sec. dry articles be proposed to the Legislatures of

the several States as Amendments to the ConBY THE STATE OF RHODE ISLAND AND stitution of the United States, all or any of PROVIDENCE PLANTATIONS.

which articles, when ratified by three-fourths STATE OF RHODE ISLAND AND PROVIDENCE

of the said Legislatures, to be valid to all inPLANTATIONS.

tents and purposes, as part of the said Consti

tution: In General Assembly, June Session, 1790. And whereas the President of the United AN ACT for ratifying certain articles as States did, in pursuance of a resolve of the Se

Amendments to the Constitution of the Uni- nate and House of Representatives of the United States of America, and which were pro- ted States of America in Congress assembled, posed by the Congress of the said States, at transmit to the Governor of this State the their session in March, A. D. 1788, to the Le- Amendments proposed by Congress, which were gislatures of the several States, pursuant to by him laid before the Legislature for their conthe fifth article of the aforesaid Constitution. sideration: Wherefore, Be it enacted by the General Assembly, and

1. Be it enacted by the Council and General by the authority thereof it is hereby enacted, Assembly of this state, and it is hereby enacted That the following articles, proposed by the by the authority of the same, That the followCongress of the United States of America, at ing Articles, proposed by Congress, in additheir session in March, A. D. 1789, to the Le- tion to, and amendment of, the Constitution gislatures of the several States, for ratification, of the United States, as Amendments to the Constitution of the Uni- [Here follow, verbatim, the first, third, fourth, ted States, pursuant to the fifth article of the fifth, sixth, seventh, eighth, ninth, tenth, ele. said Constitution, be, and the same are hereby, venth, and twelfth Articles of the said Amendfully assented to, and ratified on the part of this ments proposed by Congress to the Legislatures State.

of the several States. ] (Here follow all the Amendments proposed Be, and the same are hereby, ratified and by Congress, except the second.)

adopted by the State of New Jersey. It is Ordered, That his Excellency the Go

HOUSE OF ASSEMBLY, Nov. 19, 1789. vernor be, and he is hereby, requested to transmit to the President of the said United States,

This bill having been three times read in this under the seal of this state, a copy of this

act, House, to be communicated to the Senate and House Resolved, That the same do pass. of Representatives of the Congress of the Uni

By order of the House: ted States.

JOHN BEATY, Speaker. A true copy, duly examined, HENRY WARD, Secretary.

Council CHAMBER, Nov. 20, 1789. BY THE STATE OF NEW JERSEY.

This bill having been three times read in

Council, AN ACT to ratify, on the part of this State,

Resolved, that the same do pass. certain Amendments to the Constitution of the United States.

By order of the House: Whereas the Congress of the United States,

WILLIAM LIVINGSTON, egun and held at the city of New York, on

President,

Report on Public Credit.

REPORTS AND OTHER DOCUMENTS.

REPORT OF THE SECRETARY OF THE and buying dear, is easy to conceive how im. TREASURY,

mensely the expenses of a nation in a course of

time will be augmented by an unsound state of With his Plan for supporting Public Credit.

the public credit. The Secretary of the Treasury, in obedience To attempt to enumerate the complicated to the resolution of the House of Representa variety of mischiefs in the whole system of the tives, of the twenty-first day of September last, social economy which proceed from a neglect of has, during the recess of Congress, applied the maxims that uphold public credit, and jushimself to the consideration of a proper plan for tify the solicitude manifested by the House on the support of the public credit, with all the this point would be an improper intrusion on attention which was due to the authority of the their time and patience. House and to the magnitude of the object. In so strong a light, nevertheless, do they

In the discharge of this duty, he has felt, in appear to the Secretary, that on their due obno small degree, the anxieties which naturally servance, at the present critical juncture, maflow from a just estinate of the difficulty of the terially depends, in his judgment, the indivi. task, from a well-founded diffidence of his own dual and aggregate prosperity of the citizens of qualifications for executing it with success, the United States; their relief from the embarand from a deep and solemn conviction of the rassments they now experience; their characmomentous nature of the truth contained in the ter as a people; the cause of good Government. resolution under which his investigation has If the maintenance of public credit, then, be been conducted: “ That an adequate provi. truly so important, the next inquiry which sugsion for the support of the public credit is a gests itself is, by what means is it to be effect. matter of high importance to the honor and ed? The ready answer to which question is, prosperity of the United States."

by good faith, by a punctual performance of With an ardent desire that his well-meant contracts. States, like individuals, who obendeavors may be conducive to the real advan- serve their engagements, are respected and tage of the nation, and with the utmost defer- trusted; while the reverse is the fate of those ence to the superior judgment of the House, he who pursue an opposite conduct. now respectfully subinits the result of his inqui- Every breach of the public engagements, ries and reflections to their indulgent construc- whether from choice or necessity, is in differtion.

ent degress hurtful to public credit. When In the opinion of the Secretary, the wisdom such a necessity does truly exist, the evils of of the House in giving their explicit sanction to it are only to be palliated by a scrupulous attenthe proposition which has been stated cannot | tion, on the part of the Government, to carry but be applauded by all who will seriously con- the violation no further than the necessity absider and trace through their obvious conse-solutely requires, and to manifest, if the nature quences these plain and undeniable truths.

of the case admits of it, a sincere disposition to That exigencies are to be expected to occur make reparation whenever circumstances shall in the affairs of nations, in which there will be permit. But with every possible mitigation, a necessity for borrowing:

credit must suffer, and numerous mischiefs enThat loans in times of public danger, espe- sue. It is therefore highly important, when cially from foreign war, are found an indispen- an appearance of necessity seems to press upon sable resource, even to the wealthiest of them.

the public councils, that they should examine And that in a country, which, like this, is pos. well its reality, and be perfectly assured that sessed of little active wealth, or, in other words, there is no method of escaping from it, before little moneyed capital, the necessity for that they yield to its suggestions. For though it resource must, in such emergencies, be propor- cannot safely be affirmed that occasions have tionably urgent.

never existed, or may not exist, in which violaAnd as on the one hand, the necessity for tions of the public faith, in this respect, are inborrowing, in particular emergencies, cannot be evitable, yet there is great reason to believe that doubted, so on the other it is equally evident they exist far less frequently than precedents that to be able to borrow, upon good terms, it indicate; and are oftenest either pretended is essential that the credit of a nation should be through levity or want of firmness, or supposed well established.

through want of knowledge. Expedients might For when the credit of a country is in any often have been devised to effect, consistently degree questionable, it never fails to give an with good faith, what has been done in contraextravagant premium, in one shape or another, vention of it. Those who are most commonly upon all the loans it has occasion to make. Nor creditors of a nation are, generally speaking, does the evil end here; the same disadvantage enlightened men; and there are signal exammust be sustained upon whatever is to be ples to warrant a conclusion, that when a candid bought on terms of future payment.

and fair appeal is made to them they will unFrom this constant necessity of borrowing' derstand their true interest too well to refuse

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