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and prescribing their form; and for establishing the fees of office to be taken for making such cominissions; and for copies of records and papers; were read, and postponed until to-inorrow. And then the House adjourned until to-morrow morning eleven o'clock.

FRIDAY, AUGUST 21. The House resumed the consideration of the amendments made by the Committee of the Whole House to the report from the committee of eleven, to whom it was referred to take the subject of amendments to the Constitution of the United States, generally, into their consideration ; and, the said amendments being partly agreed to, and partly disagreed to,

The House proceeded to consider the original report of the committee of eleven, consisting of seventeen articles, as now amended; whereupon the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, cleventh, twelfth, thirteenth, fourteenth, fifteenth, and sixteenth articles being again read and debated, were, upon the question severally put thereupon, agreed to by the House, as follows, two-thirds of the members present concurring, to wit :

"1. After the first enumeration, 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 'Repre. sentatives, 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, that there shall not be less than two hundred Representatives, nor less than one Representative for every fifty thousand persons.

2. No law varying the compensation of the members to Congress shall take effect, until an election of Representatives shall have intervened.

3. Congress shall make no law establishing religion, or prohibiting the free exercise thereof, nor shall the rights of conscience be infringed.

4. The freedom of speech, and of the press, and the right of the People peaceably to assemble and consult for their common good, and to apply to the Government for redress of grievances, shall not be infringed.

5. A well regulated militia, composed of the body of the People, being the best se. curity of a free State, the right of the People to keep and bear arms shall not be infringed; but no one religiously scrupulous of bearing arms, shall be compelled to render military service in person.

6. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in tiine of war, but in a manner to be prescribed by law.

7. No person shall be subject, except in case of impeachment, to more than one trial or one punishment for the same offence; nor shall be compelled, in any criminal case, to be 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.

8. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted.

9. 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 shalí issue but upon probable cause, supported by oath or affirmation, and particularly de. scribing the place to be searched, and the persons or things to be seized.

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

ii. No State shall infringe the right of trial by jury in criminal cases ; nor the rights of conscience ; nor the freedom of speech or of the press.

12. No appeal to the Supreme Court of the United States shall be allowed, where the value in controversy shall not amount to one thousand dollars ; nor shall any fact, triable by a jury according to the course of the common law, be otherwise re-examinable than according to the rules of common law.

13. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial; 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.

14. The trial of all crimes, (except in cases of impeachment, and in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger,) shall be by an impartial jury of the vicinage, with the requisite of unanimity for conviction, the right of challenge, and other accustomed requisites; and no person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment by a grand jury; but if a crime be committed in a place in the possession of an enemy, or in which an insurrection may prevail, the indictment and trial may by law be authorized in some other place within the same State. 15. In suits at common law, the right of trial by jury shall be preserved.

16. The powers delegated by the Constitution to the Government of the United States, shall be exercised as therein appropriated, so that the Legislative shall never exercise the powers vested in the Executive or Judicial; nor the Executive the powers vested in the Legislative or Judicial; nor the Judicial the powers vested in the Legislative or Executive.

The 17th article, in the words following, to wit: “The powers not delegated by the Constitution, nor prohibited by it to the States, are reserved to the States respectively,” being under debate, a motion was made, and the question being put to amend the same by inserting after the word “not,” the word “expressly."

.17, It passed in the negative,

ŞAyes......
Noes.

.32.
The ayes and noes being demanded by one-fifth of the members present,
Those who voted in the affirmative, are,
Edanus Burke,

Josiah Parker,
Isaac Coles,

George Partridge,
William Floyd,
Elbridge Gerry,

William Smith, of South Carolina,
Jonathan Grout,

Michael Jenifer Stone,
John Hathorn,

Thomas Sumpter,
James Jackson,

George Thatcher, and
Samuel Livermore,

Thomas Tudor Tucker.
John Page,
Those who voted in the negative, arc,
Fisher Ames,

James Madison, junior,
Egbert Benson,

Andrew Moore,
Elias Boudinot,

Peter Muhlenberg,
John Brown,

James Schureman,
Lambert Cadwalader,

Thomas Scott,
Daniel Carroll,

Theodore Sedgwick,
George Clymer,

Joshua Seney,
Thomas Fitzsimons,

Roger Sherman,
Abiel Foster,

Peter Silvester,
George Gale,

Thomas Sinnickson,
Nicholas Gilman,

William Smith, of Maryland,
Benjamin Goodhue,

Jonathan Sturges,
Thomas Hartley,

Jonathan Trumbull,
Daniel Heister,

John Vining,
John Lawrance,

Jeremiah Wadsworth, and
Richard Bland Lee,

Henry Wynkoop. And then, the main question being put, That the House do agree to the said seventeenth article,

It was resolved in the affirmative, two-thirds of the members present concurring. A motion was then made and seconded, to add to the said articles the following:

“Congress shall not alter, modify, or interfere in, the times, places, or manner of holding elections of Senators or Representatives, except when any State shall refuse or neglect, or be unable, by invasion or rebellion, to make such election :" And, on the question, That the House do agree to the said proposed article,

23, It passed in the negative,

S Ayes...
Noes..

.. 28.
The ayes and noes being demanded by one-fifth of the Members present,
Those who voted in the affirmative, are,
Edanus Burke,

Samuel Griffin,
Isaac Coles,

Jonathan Grout,
William Floyd,

John Hathorn,
Elbridge Gerry,

Daniel Heister,

James Jackson,

Joshua Seney,
Samuel Livermore,

Peter Silvester,
George Mathews,

William Smith, of South Carolina.
Andrew Moore,

Michael Jenifer Stone,
John Page,

Thomas Sumpter,
Josiah Parker,

George Thatcher, and
George Partridge,

Thomas Tudor Tucker.
Jeremiah Van Rensselaer,
Those who voted in the negative, are,
Fisher Ames,

Richard Bland Lee,
Egbert Benson,

James Madison, junior,
Elias Boudinot,

Peter Muhlenberg,
John Brown,

James Schureman,
Lambert Cadwalader,

Thomas Scott,
Daniel Carroll,

Theodore Sedgwick,
George Clymer,

Roger Sherman,
Thomas Fitzsimons,

Thomas Sinnickson,
Abiel Foster,

William Smith, of Maryland,
George Gale,

Jonathan Sturges,
Nicholas Gilman,

Jonathan Trumbull,
Benjamin Goodhue,

John Vining,
Thomas Hartley,

Jeremiah Wadsworth, and
John Lawrance,

Henry Wynkoop.
On motion,
Ordered, That the farther consideration of amendments to the Constitution of the
Cnited States be postponed until to-morrow.

The orders of the day for the House to resolve itself into a Committee of the whole House on the bill sent from the Senate, entitled “ An act to establish the Judicial Courts of the United States ;" also, on the bill for establishing a Land Office in and for the Western Territory; and, on the bill to provide for the safe keeping of the acts, records, and seal, of the United States; for the due publication of the acts of Congress; for the authentication of the copies of records ; for making out and recording commissions, and prescribing their form; and for establishing the fees of office to be taken for making such commissions, and for copies of records and papers; were read, and postponed until to-morrow.

And then the House adjourned until to-morrow morning eleven o'clock.

SATURDAY, AUGUST 22. Mr. Partridge, from the Committee for Enrolled Bills, reported that the committee had examined the enrolled resolve for executing the survey directed by an act of the late Congress, of June the sixth, one thousand seven hundred and eighty-eight, and bad found the same to be truly enrolled : Whereupon,

Mr. Speaker signed the said enrolled resolve.

The several memorials of the inhabitants of Trenton, in the State of New Jersey, and of the boroughs of Lancaster and Yorktown, in the State of Pennsylvania, were presented to the House and read, respectively praying that the permanent seat of Congress may be established at the same.

Ordered, That the said memorials do lie on the table.

The House, according to the order of the day, resumed the consideration of amendTents to the Constitution of the United States : Whereupon,

A motion was made and seconded to add to the amendments already agreed to, the following article, to wit:

"The Congress shall never impose direct taxes, but where the moneys arising from the duties, imposts, and excise, are insufficient for the public exigencies; nor then, until Congress shall have made a requisition upon the States, to assess, levy, and pay, their respective proportions of such requisitions : 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 thercon, at the rate of six per cent per annum, from the time of payment prescribed by such requisition.”

And, on the question, That the flouse do agree to the said proposed article,
It passed in the negative,

Ayes ..

9, Noes.

.39.

The ages and noes being demanded by one-fifth of the members present,
Those who voted in the affirmative, are,
Edanus Burke,

*Samuel Livermore,
Isaac Coles,

Jeremiah Van Rensselaer,
William Floyd,

Thomas Sumpter, and
Jonathan Grout,

Thomas Tudor Tucker.
John Hathorn,
Those who voted in the negative, are,
Fisher Ames,

Peter Muhlenberg,
Egbert Benson,

John Page,
John Brown,

Josiah Parker,
Lambert Cadwalader,

George Partridge,
Daniel Carroll,

James Schureman,
George Clymer,

Thomas Scott,
Thomas Fitzsimons,

Theodore Sedgwick,
Abiel Foster,

Joshua Seney,
George Gale,

Roger Sherman,
Elbridge Gerry,

Peter Silvester,
Nicholas Gilman,

Thomas Sinnickson,
Benjamin Goodhue,

William Smith, of Maryland,
Thomas Hartley,

William Smith, of South Carolina,
Daniel Heister,

Michael Jenifer Stone,
James Jackson,

Jonathan Sturges,
John Lawrance,

George Thatcher,
Richard Bland Lee,

Jonathan Trumbull,
James Madison, junior,

John Vining, and
George Mathews,

Jeremiah Wadsworth.
Andrew Moore,
Another motion was made and seconded, further to amend the Constitution, as
follows:

Article 1, section 8, clause 9; strike out the words, “ tribunals inferior to the Supreme Court,” and insert the words, “ Courts of Admiralty.”

And, on the question, that the House do agree to the said amendment, It passed in the negative. Another motion was made and seconded, further to amend the Constitution, as follows:

In the third section of the sixth article, insert the word “other," between the word "no," and the word “religious.'

And, on the question, that the House do agree to the said amendment,
It passed in the negative.

Another motion was made and seconded, to add to the amendments already agreed to, the following article, to wit:

“That Congress erect no company of merchants with exclusive advantages of commerce."

And, on the question, that the House do agree to the said proposed article,
It passed in the negative.

Another motion was made and seconded, to add to the amendments already agreed to, the following article, to wit :

“Congress shall at no time consent, that any person holding an office of trust or profit under the United States shall accept of a title of nobility, or any other title or office, from any King, Prince, or foreign State."

And, on the question, that the House do agree to the said proposed article,
It passed in the negative.
On motion,

Ordered, That it be referred to a committee of three, to prepare and report a proper arrangement of, and introduction to, the articles of amendment to the Constitution of the United States, as agreed to by the House; and that Mr. Benson, Mr. Sherman, and Mr. Sedgwick, be of the said committee.

A petition of Thomasin Gordon was presented to the House and read, praying that the accounts of her late husband, Colonel John White, of the Georgia line, deceased, may be liquidated in such manner that his child may receive, in common, the benefits which have been granted to the heirs of other officers deceased.

[graphic]

Also, a memorial of the merchants and other inhabitants of the towns of Alexandria and Dumfries, in the State of Virginia, praying that so much of the act of Congress to regulate the collection of duties, as restricts ships or vessels bound up the river Potomac to stop at Saint Mary's or Yeocomico, and there obtain a certified manifest of their cargoes before entry made, be repealed, or that the like regulation be made general throughout the United States.

Ordered, That the said petition and memorial do lie on the table.

The several orders of the day for the House to resolve itself into a Committee of the Whole House on the bill sent from the Senate, entitled “An act to establish the Judicial Courts of the United States;" also, on the bill for establishing a Land Office in and for the Western Territory; and on the bill to provide for the safe-keeping of the acts, records, and seal of the United States; for the due publication of the acts of Congress; for the authentication of the copies of records ; for making out and recording comunissions, and prescribing their form; and for establishing the fees of office to be taken for making such commissions; and for copies of records and papers; were read, and postponed until Monday next. And then the House adjourned until Monday morning 11 o'clock.

MONDAY, AUGUST 24. A memorial of the merchants and other inhabitants of Georgetown, Bladensburg, and Piscataway, in the State of Maryland, was presented to the House and read, praying that so much of the act of Congress to regulate the collection of duties, as restricts ships of vessels bound up the river Potomac to stop at Saint Mary's or Yeocomico, and there obtain a manifest of their cargoes before entry made, be repealed, or that the like regu. lation may be made general throughout the United States.

Ordered, That the said memorial, together with the memorial of the merchants of Alexandria and Dumfries, presented on Saturday last, be referred to Mr. Goodhue, Mr. Carroll, and Mr. Lee; that they do examine the matter thereof, and rcport the same, with their opinion thereupon, to the House.

A petition of John Hurt, late a chaplain in the Continental Army, was presented to the House and read, praying that his claims for services in several military stations may be liquidated and satisfied.

Ordered, That the said petition do lie on the table.

Mr. Fitzsimons, from the committee appointed, presented, according to order, a bill establishing the salaries of the Executive Officers of Government, with their Asistants and Clerks; which was received, and read the first time.

Mr. Benson, from the committee appointed, reported, according to order, an arrangement of the articles of amendment to the Constitution of the United States as agreed to by the House on Friday last ; also, a resolution proper to be prefixed to the same; which resolution he delivered in at the Clerk's table, where the same was twice read, and agreed to by the House, as followeth:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses deeming it necessary, 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."

Ordered, That the Clerk of this House do carry to the Senate a fair engrossed copy of the said proposed articles of amendment, and desire their concurrence.

On motion, Resolved, That the President of the Senate and Speaker of the House of Representatives do adjourn their respective Houses on the twenty-second day of September next, to meet again on the first Monday in December next.

Ordered, Th the Clerk of this House do carry the said resolution to the Senate, and desire their concurrence.

Mr. Madison, from the managers appointed on the part of this House, to attend the conference with the Senate, on the subject matter of the amendment depending between the two Houses, to the bill, entitled "An act to establish the Treasury Depart. ment,” made a report : Whereupon,

Resolved, That this House doth adhere to their disagreement to so much of the eighth amendment proposed by the Senate to the said bill, as was disagreed to by this House, and insisted on by the Senate. Ordered, That the Clerk of this Tlouse do acquaint the Senate therewith.

VOL. I.-12.

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