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[1790.

“DURHAM, in New Hampshire, January 29th, 1790.

SIR: I have the honor to inclose you, for the information of Congress, a vote of the Assemby of this State to accept all the articles of amendments to the Constitution of the United States, except the second, which was rejected.

I have the honor to be, with the most profound respect, Sir, your most obedient, and very humble servant,

The President of the United States.

STATE OF NEW HAMPSHIRE.

JOHN SULLIVAN.

In the House of Representatives, January 25th, 1790. Upon reading and maturely considering the proposed amendments to the Federal Constitution, Voted, To accept the whole of said amendments, except the second article, which was rejected. Sent up for concurrence.

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THOMAS BARTLETT, Speaker.

J. PEARSON, Secretary.
JOSEPH PEARSON, Secretary."

I certify the above to be a true copy of the copy transmitted to the President of the United States.

TOBIAS LEAR, Secretary to the President of the United States.

BY THE STATE OF NEW YORK.

The People of the State of New York, by the grace of God free and independent:
To all to whom these presents shall come or may concern, greeting :

Know ye, that we, having inspected the records remaining in our Secretary's office, do find there a certain act of our Legislature, in the words following:

AN ACT ratifying certain Articles in addition to, and amendment of, the Constitution

of the United States of America, proposed by the Congress.

Whereas, by the fifth article of the Constitution of the United States of America, it is provided that the Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to the said Constitution, which shall be valid to all intents and purposes as part of the said Constitution, when ratified by the Legisla tures of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by Congress:

And whereas, in the session of the Congress of the United States of America, begun and held at the city of New York, on Wednesday, the fourth of March, one thousand seven hundred and eighty-nine, it was 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 a part of the said Constitution, viz:

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.

Article First. 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 be not 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 persons.

Article the Second. No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened.

Article the Third. 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 Go vernment for a redress of grievances.

Article the Fourth. 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.

Article the Fifth. 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 to be prescribed by law.

Article the Sixth. The right of the People to be secure in their persons, papers, houses, and effects, against unreasonable searches and seizures shall not be violated; and no warrant sshall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Article the Seventh. 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 into jeopardy of life or Lab; 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. Article the Eighth. 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.

Article the Ninth. In suits of 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 examined, in any Court of the United States, than according to the rules of the common law.

Article the Tenth. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.

Article the Eleventh. The enumeration in the Constitution of certain rights, shall not be construed to deny or to disparage others retained by the People.

Article the Twelfth. The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States, respectively, or to the People.

And whereas the Legislature of this State have considered the said Articles, and do agree to the same, except the second Article: Therefore,

Be it enacted by the People of the State of New York represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That the said Articles, except the second, shall be, and are hereby, ratified, by the Legislature of this State.

STATE OF NEW YORK, IN ASSEMBLY, February 22, 1790.

This bill having been read the third time,
Resolved, That the bill do pass.

By order of the Assembly: GULIAN VERPLANCK, Speaker."

STATE OF NEW YORK, IN SENATE, February 24, 1790.

This bill having been read a third time,
Resolved, That the bill do pass.

By order of the Senate: ISAAC ROOSEVELT, President pro hac vice. COUNCIL OF REVISION, February 27, 1790. Resolved, That it does not appear improper to the Council that this bill, entitled "An act ratifying certain Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by the Congress," should become a law of this State. GEORGE CLINTON.

All which we have caused to be exemplified by these presents. In testimony whereof, we have caused these our letters to be made patent, and the Great Seal of our said State to be hereunto affixed. Witness our trusty and well beloved George Clinton, Esquire, Governor of our said State, General and Commander in Chief of all. the Militia, and Admiral of the Navy of the same, at our City of New York, the twenty

VOL. I-39.

seventh day of March, in the year one thousand seven hundred and ninety, and in the fourteenth year of our Indepencence.

[Seal App:ndant.]

Passed the Secretary's Office, the 27th March, 1790.

GEORGE CLINTON.

LEWIS A. SCOTT, Secretary."

I hereby certify that the foregoing is a true copy of the exemplification of an act transmitted to the President of United States, by the Governor of the State of New York. TOBIAS LEAR, Secretary to the President of the United States.

UNITED STATES, April 5th, 1790.

BY THE STATE OF PENNSYLVANIA.

UNITED STATES, March 16th, 1790.

Gentlemen of the Senate and House of Representatives:

I have directed my Secretary to lay before you the copy of an act, and the form of ratification of certain Articles of Amendment to the Constitution of the United States, by the State of Pennsylvania; together with the copy of a letter which accompanied the said act, from the Speaker of the House of Assembly of Pennsylvania, to the President The originals of the above will be lodged in the office of the

of the United States.

Secretary of State.

G. WASHINGTON.

"IN ASSEMBLY OF PENNSYLVANIA, March 11th, 1790.

SIR: I have the honor to transmit an exemplified copy of the act declaring the assent of this State to certain Amendments to the Constitution of the United States, that you may be pleased to lay it before Congress.

With the greatest respect, I have the honor to be, your obedient servant,

His Excellency the PRESIDENT of the United States.

RICHARD PETERS, Speaker.

IN GENERAL ASSEMBLY, STATE OF PENNSYLVANIA, to wit:

In pursuance of a resolution of the General Assembly of the State of Pennsylvania, being the Legislature thereof, I do hereby certify that the paper hereunto annexed contains an exact and true exemplification of the act whereof it purports to be a copy, by virtue whereof the several amendments therein mentioned, proposed to the Constitution of the United States, were, on the part of the Commonwealth of Pennsylvania, agreed to, ratified, and confirmed.

Given under my hand, and the Seal of the State, this eleventh day of March, in the year of our Lord one thousand seven hundred and ninety.

[Seal Appendant.]

RICHARD PETERS, Speaker.

AN ACT declaring the assent of this State to certain amendments to the Constitution of the United States.

SECTION 1. Whereas, in pursuance of the fifth article of the Constitution of the United States, certain Articles of Amendment to the said Constitution have been proposed by the Congress of the United States, for the consideration of the Legislatures of the several States: And whereas this House, being the Legislature of the State of Pennsylvania, having maturely deliberated thereupon, have resolved to adopt and ratify the articles hereafter enumerated, as part of the Constitution of the United States : SECTION 2. Be it enacted, therefore, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, That the following amendments to the Constitution of the United States, proposed by the Congress thereof, viz:

[Here follow the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth articles, which were proposed by Congress to the Legislatures of the seve ral States, as amendments to the Constitution of the United States.]

Be, and they are hereby, ratified, on behalf of this State, to become, when ratified by the Legislatures of three-fourths of the several States, part of the Constitution of the United States.

Signed by order of the House.

RICHARD PETERS, Speaker of the General Assembly.

I, Mathew Irwin, Esq. Master of the Rolls for the State of Pennsylvania, do certify the preceding writing to be a true copy, (or exemplification) of a certain law remaining in my office.

Witness my hand and Seal of Office, the eleventh of March, one thousand seven hundred and ninety.

MATHEW IRWIN, M. R." UNITED STATES, March 16th, 1790.

I certify the above to be a true copy from the original.

TOBIAS LEAR,

Secretary to the President of the United States.

BY THE STATE OF DELAWARE.

UNITED STATES, MARCH 8, 1790.

Gentlemen of the Senate and House of Representatives:

I have received from his Excellency Joshua Clayton, President of the State of Delaware, the Articles proposed by Congress to the Legislatures of the several States, as Amendments to the Constitution of the United States; which articles were transmitted to him for the consideration of the Legislature of Delaware, and are now returned, with the following resolutions annexed to them, viz:

"The General Assembly of Delaware having taken into their consideration the above Amendments, proposed by Congress to the respective Legislatures of the several States: Resolved, That the first article be postponed.

Resolved, That the General Assembly do agree to the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth articles; and we do hereby assent to, ratify, and confirm, the same, as part of the Constitution of the United States. In testimony whereof, we have caused the great seal of the State to be hereunto affixed, this twenty-eighth day of January, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the Independence of the Delaware State.

Signed by order of the Council.

GEO. MITCHELL, Speaker. Signed by Order of the House of Assembly. JEHU DAVIS, Speaker."

I have directed a copy of the letter which accompanied the said Articles from his Excellency Joshua Clayton to the President of the United States, to be laid before you. The before mentioned Articles and the original of the letter, will be lodged in the office of the Secretary of State.

G. WASHINGTON.

"SIR: Agreeably to the directions of the General Assembly of this State, I do myself the honor to enclose your Excellency their Ratification of the Articles proposed by Congress to be added to the Constitution of the United States, and am, with every sentiment of esteem, sir, your Excellency's most obedient, humble servant,

His Excellency GEORGE WASHINGTON,

President of the United States."

JOSHUA CLAYTON.

UNITED STATES, MARCH 8, 1790.

I hereby cerify that the above letter is a true copy from the original.
TOBIAS LEAR, Secretary to the President of the United States.

BY THE STATE OF MARYLAND.

UNITED STATES, January 25, 1790.

Gentlemen of the Senate and House of Representatives:

I have received from his Excellency John E. Howard, Governor of the State of Maryland, an act of the Legislature of Maryland to ratify certain Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress to the Legislatures of the several States; and have directed my Secretary to lay a copy of the same before you, together with the copy of a letter accompanying the above act, from his Excellency the Governor of Maryland to the President of the United States. The originals will be deposited in the office of the Secretary of State. GEORGE WASHINGTON,

"ANNAPOLIS, January 15th, 1790.

SIR: I have the honor to enclose a copy of an Act of the Legislature of Maryland, to ratify certain articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress to the Legislatures of the several States.

I have the honor to be, with the highest respect, sir, your most obedient servant, J. E. HOWARD.

His Excellency the PRESIDENT of the United States."

I do certify the foregoing to be a true copy from the original letter from John E. Howard, Governor of the State of Maryland, to the President of the United States. TOBIAS LEAR,

Secretary to the President of the United States.

"AN ACT to ratify certain Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress to the Legislatures of the several States.

Whereas it is provided, by the fifth article of the Constitution of the United States of America, that Congress, whenever two-thirds of both Houses shall deem it neces sary, shall propose amendments to the said Constitution; or, on the application of the Legislatures of two-thirds of the several States, shall call a Convention for proposing amendments; which, in either case, shall be valid, to all intents and purposes, as part of the said Constitution, when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress:

And whereas, at a session of the United States, begun and held at the City of New York, on Wednesday, the fourth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, it was resolved by the Senate and House of Representatives of the said United States, 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, viz:

Article the First. After the first enumeration required by the first article of the Con. stitution, 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 be not 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 persons.

Article the Second. No law, varying the compensation for the services of the Sena tors and Representatives, shall take effect until an election of Representatives shall have intervened.

Article the Third. 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 petition the Government for redress of grievances.

Article the Fourth. 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.

Article the Fifth. 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 manner to be prescribed by

law.

Article the Sixth. The right of the People to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Article the Seventh. 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 into 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 e pro

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