Mr. Madison observed, that except fo:nc adequate substitute
%vas proposed, he thought it would be neceflary to retain the
clause : There is, said he, perhaps rto danger of any court in the
United States, granting an appeal where the value in dilputedoes
not amount to iooo dollars ; (till the poflibility of such an event
has excited the greatest apprehensions in the minds of many citi
zens of the United States : The idea that opulent persons infght
carry a cause from one end of the continent to another hascauled
fenous fears in the minds oi the people : I think it best to retain
the clause.
The rtiotion was negatived.
Mr. SedgW i ck, to strengthen the clause, moved to strikeout
iooo dollars, and to insert 3000. —This motion was seconded and
supported by Mr. Livermore, but was negatived,and the amend
ment accepted.
14th Amendment. Art. 11. Sec. 3d, Strikeout the whole of
3d par. and insert: "In all crim nal profccutions the accused shall
enjoy the right to a speedy and public trial, to be informed of the
natureand cause of the ac ufation, to be confronted with thew;t
nelTes against him, tohave compulfary process for obtaining wii
nelTes in his favour, and to havetheafTiftanceof counlel for his de
fence."
Several amendments to thisarticle were proposed, some of them
were withdrawn and others negatived ; and one only obtained,
•which refp.&ed the place of trial, which was to be in the State
■where the supposed crime was committed.
This amendment was then adopted.
The committee then rose and the house adjourned.
TUESDAY, AUCUST 19.
Committee of the whole on the fubje&of amendments.
Mr. Boudinot in the chair.
The committee took up the fifteenth amendment, which is
44 The trial of all crimes (except in cases of impeachm nt, and
in cases arising in the land or naval forces, or in the militia, when
in a&ual service in time of war or public danger) ihall be by an
impartial jury ot freeholders of the vicinage, with the requiiiteof
unanimity for convi£tion, the right ofchallenge, and other accul
tomed requisites; and no person (hall be held to answer for a capi
tal, or otherwise infamous crime, unlcfs on a presentment or in
dictment by a grand jury; but if a crime be commuted in a place
in the pofTcflion of an entmv, or in which an infurrettion may pre
vail, the indi&ment and trial may by law be authorized in some
other place withirt the fame state; and if it be committed in a
place not within a state, the indictment and trial may be at such
place or places as the law may have dire&ed."
Mr. Burke moved to ftnkc out 14 vicinage," and to insert coun
ty or diflritt in which the ojfence has been committed." The gentleman
enforced this motion by a variety of observations; and among o
thers said that it was agreeable to the practice of the state he re
presented, and would give the constitution a more easy operation;
that it was a matter of serious alarm to the good citizens of many
of the States, the idea that they might be dragged from one part
of the State perhaps 2 or 300 miles to the other lor trial.
Mr. Gerry obje&ed to the woid 44 diftn£t" as too indefinite.
Mr. Sedgwick said, that he conceived that the proposed a
mendment is not so adequate tothe gentleman's obje& as the word
44 vicinage"—the latter part of the clause is lufiicient for the gen
tleman's purpose.
The motion was negatived.
Mr. Bur ke th n proposed to add a clause to prevent profccutions
upon informations : This was objetted to, as the object of the
clause was to provide that high crime , &c. (hould be by present
ment of a grand jury ; but that other things should take the
course heretofore praftifed. This'motion was loft.
And then the para graph was adopted.
16th amendment : 44 In fuiu at common law, the of trial
by jury (hall be preserved." This amendment was adopted.
17th amendment: Immediately after art. 6, the followingto be
inserted as art. 7. " The powers delegated by this Constitution,
to the government of the United States ihall be exercifcd as there
in appropriated, so that the Legtflauve (hall never exercise the
powers veiled in the Executiveor the Judicial ; nor the Executive
the powers vefttd in the Lenflativ or Judicial ; nor the Judicial
the powers veftcd in the L»,^illativeor Executive."
Mr. Sherman obj £ted to this : Hefiid it is unneccflary.
Mr. Madison observed, that its adoption willfatisfy the peo
ple : This separation of the powers is expe&ed: It will fcrve to
explain many cases that may arise under the Constitution, and can
do no harm.
Mr. Li ve ft more said, that he obje&ed to the clause altogether,
as in its operation it is fubverfiveof the Constitution.
Mr. Sedgwick, Mr. Benson, and Mr. Gerry were in favor
of this amendment, which was finally carried.
:Bth Amendment: " The powers not delegated by this Con
stitution, nor prohibited by it to the States, are reserved to the
States refpeftively."
Mr. Tucker propof d an introductory clause to this amend
ment, viz. all power btivv derivtd from the people.
Mr. M adi son obje&ed to this, as confining the government
within such limits as to admitof no implied Dowers, and I believe,
laid he, that 110 government everexiftcd which was not neceflarily
obliged to exercise powers by implication. This queition was
agitateo in the Convention of Virginia ; it was brought forward
by those who were opposed to the Constitution, and was finally
given tip by them.
Mr. Sherman observed, that all corporations are supposed to
pofTefs all the powers incidental to their corporate capacity : It
is not in human wisdom to provide for every poflible contingency.
This rpotion was negatived.
Mr. Gerry then proposed to add, after the " States,"
and people thereof.
Mr. Carrol objected to the addition, as it tended to create a
difhnttion between the people and their legislatures.
The motion was negatived,and the amendment agreed to.
19th amendment: " Art. 7, to be made art. 8."
The committed then rose and reported the amendments, which
were laid on the table.
The committee of eleiftions, pursuant to the
inftrutftion to them contained in the resolution of
the house of the 25th of May, relathe to the pe
tition of a number of the citizens of the State of
New-Jersey, complaining of the illegality of the
eleiftion of the members of this house, as cleifled
within that State, do report the following fa<fts as
arising from the proofs, to wit :
1. That the elections for members of this house
held within that State, in consequence of an act of
the legiflatnre thereof, entitled, " An act for
carrying into effeift on the part of the State of
New-Jersey the constitution of the United States,
aflented to, ratified and confirmed by this State,
011 the 18tli day of December 1787," parted the
2ifb of November, 1788, were closed in the seve
ral counties of Bergen, Morris, Monmouth, Hun
terdon, Somerset, Middlesex, Suilcx. Salem, Cape
May, Cumberland, Burlington and Cloucefter,
and the lifts of the fevey al persons voted for,and
the number of votes taken tor each, wei e received
by the Governor at the respective times, appear
ing from the said lilts andthe endorfemenls there-
whith lifts accompany this report.
2. That tlie election in the county of Efiex the
remaining county in the State, cloied oji the 17th
of April, and the lilt was received by the. Go
vernor on the 30th of May.
3. That in confequpnce of the summons from
the Governor, a copy whereof accompanies this
report, dated the 27th of February, to 4 of the
Members of the Council, a Privy Council confin
ing of the Governor and the 4 Members so sum
moned, did aflemble at Elizabeth-town, 011 the
3d of March, and being so all'embled, Mr. Har
ing another member of the Council received a
note from the Governor, a copy whereof accom
panies this report, in consequence whereof Mr.
Haring did thenalfo attend the Privy Council as
a member thereof.
4. That the Governor then appointed another
meeting of the Privy Council to be held on the
18th of March, at which day the Governor and
11 members of the Council did aflemble, and did
then determine from the lilt of 11 counties fpe
cified in the firlt fact above stated, the 4 members
now holding feats inthishoufe, the four persons
ele<fted members of this house within that State,
against wiiich determination of the Council three
of the members then present did protest, and the
protest, a copy whereof accompanies this report,
was, with the consent of the Council delivered
into the Council, in form 011 the subsequent day.
5. That there was no determination of the
Governor and Privy Council in the premises unti]
the 18th of March.
6. That the Governor did on the 19th of March
iflue a proclamation, a copy whereof accompanies
this report.
(jln our lafl wefiatedthat Mr. Tucker's propositions were laic
on the table—this is a mi/lake : He moved that the\Jliguld be re/cred ti
the committee oj the whole llouj'e. This motion was negativedby a greai
majority.
WEDNESDAY, AUGUST 20.
Mr. Carrol prefcnted a petition from Partrick Ben
nett, late quarter master in Col. Moy lan's light dragoons —
laid on the table.
Mr. Huntington presented a petiton from the inhabitantsol
the port of Stonington, in behalf of the fifhermcn of that place
praying that they may not be obliged to go so far as New-London
tor permits. Laid on the table.
The amendment of the f; nate to the bill for providing for the
expencesof negociations and treaties with the Indians, See. was
taken into consideration, and after some debate was concurred.
In commit ee of the whole on amendments.
Mr. Sherman bro't forward his motion (01 adding the amend
ments by way of supplement to the constitution ; which was
agreed to, 1 y more than three fourths of the members present.
The fir ft amendment being taken up, on the question to agree
to the fame, it was negatived.
On the second amendment refpe&ing reprefentatioi? : A pro
portion was fubm tted by Mr. Ames, to the following
effett : That after the firft enumeration, there shall be one
repiefentative to every 30,000 inhabitants, till the number of
members shall amount to one hundred ; after which the number
of members shall not increase till the number of inhabitants (hall
-mount to four millions, after which the ratio of representation
lhall be one for eveiy 40,000, till the number amounts to 200,
beyond which number it (hall not be increafcd till the number of
inhabitants amounts to ten millions, when the ratio of represent
ation shall be one for every fifty thousand.
The house spent the remainder of the day in di feu fling a varie
ty of amendments proposed to this motion ; and adjourned with
out coming to a decision.
THURSDAY AUGUST 20.
Mr. Goodhue introduced die following refolution,which was
read and laid on the table ; viz. That the president of the senate,
and fpcaker of the house of reprefeniatives, do adjourn the respec
tive hou fes of congrtfs on the day of September next to meet
on the fii ft inonday of December next.
A mefTage was received from the President of the United States,
by Mr. Secretary Lear, informing that the President approved
of the att.entitled, " An a6l for providing for the expenct.s whicfc
may attend negociations with the Indian tribes, and the appoint
ment ofcommiflioners for managing the fame," and had affixed
his iignature thereon.
In commitee of the whole.
The fubjeft of amendments resumed.
Mr. Ames's proposition was takeu up. Five or fix other gen
tlemen brought in propositions on the fame point; and the whole
by mutual consent, w ere laid on the table. The house then pro
ceeded to the third amendment, and agreed to the fame.
The fourth amendment, on motion of Mr. Ames, was altered,
so as to read, " Congress lhall make no law establishing religion,
or to prevent the free exerciffe thereof ; or to infringe the rights of
conscience." This was adopted.
The fifth amenpment was agreed to.
Mr. Scot obje&ed to the clause in the sixth amendment, " No
perlon religiously scrupulous shall be compelled to bear aims."
He said, it this becomes part of the constitution, we can neither
call upon such persons for services nor an equivalent ; it is attend
ed with ft ill further difficulties, for you can never depend upon
your militia. This will lead to the violation of another article in
the constitution, which fccurfstothe people the right of keeping
arms, as in this cafe you mud have recourse to a standing army. I
conceive it is a mattei of legislative right altogether. I know
there are many fe&s religiously scrupulous in this refpefl : lam
not tor abridging them of any indulgence by law ; my design is
to guard against those who are of no religion. It is said that re
ligion is 011 the decline ; if this is the cafe, it is an argument in
my favour; for when the time comes that there is no religion,
persons will more generally have recourse to thtfe pretexts to get
excused.
Mr. Boudinot said that the provision in the clause or fome
thinglike it appeared to be neceflary. What dependence can be
placed in men who are confcicntious in this refpcdl ? Or what
justice can there bejin compelling them to bear arm, when, if they
are honest men they would rather die than use them. He then
adverted to several instances of oppreflion in the cafe which oc
curred during the war. In forming a militia we ought to calcu
late for an eiie&ual defence, and not compel chara&ers of this
description to bear arms. I wifhthat in establishing this govern
ment we may De careful to let every pcrfon know that we will not
interfere with any person's particular religiousprofeflion. If wi
strike out this clause, we shall iegd such persons to conclude that
we mean to compel them to beai^Brms.
Mr. Vining and Mr. Jackson spake upon the question. The
words in perfin were added alter the word 44 arms,'' and the a
mendment was adopted.
The 7th, Bth. 9th, 10th. 11th, 12th, 13th and 14th amei dments
v. ithout arty material alterations were agreed to.
FRIDAY, AUGUST 21.
The order of the day, on amendments to the Conflit ul :__
15th Amendment under consideration
Mr. C £ r R-v move d to ftnke out these words " public '
to mfcrtforeign imiijioti. This was negatived. It K! .u'" s "'
ved to it rike out the last claufc " and if it be
to the end. This motion obtained, and the atnendment j s !,,u '
Uood adopted. nea
16th and 17th amendments were accepted, without alteram
18th Amendment : In this Mr. Gerry proposed to inferuh
word erprejily after the word » powers"—this being oljjeaedi
the Ayes and Noes were called for on the question, and are «ti°
low: AYES. .
Messrs Burke, Coles, Floyd, Gerry, Grout, Hathorne, lackl,
Livermore, Page, Parker, Partiidge, Van Raofellatr,Smith 'S Cl
Stone, Sumpter, Thatcher, Tucker. 17. 1 'I
NOES.
MefTrs Ames, Benfon, Boudinot, Brown, Cadwallader. Cart'
Clymer, Fitzfimons, Fuller. Gale, Gilman, Goodhu,, HartW
Heifter, Laurancc, Lee, Madison, Moore, P. Muhlenberg Schurc
man, Scot, Sedgwick, Seney, Sherman, Svlvefter, Smith, (\n
Simiirkfon,Sturges, Trumbull, Vining, Wadfworth, Wynkoop'
Majority 14. So the question was loft.
19th Amendment : Mr. Sherman moved that after the words
" prohibited by it to the" government oj the United and after
the words " referred to the," individuals Ihould be inferred -
This motion was acceded to, and the clause was then adopted.
The report of the committee being gone through, Mr Burke
introduced the following amendment, viz. Congress (hall not a!,
ter, modify, or interfere in the times, places, or manner of elett
mg Senators or Representatives of the United States, except when
any State (hall refufe, or neglc&, or be unable, from a£lual invi
lion or rebellion to make such elc&ion. This brought 011 a debate
and the ayes and noes being call-d, (land thus:
AYES.
MeflYs Burke, Coles, Floyd, Gerry, Griffin, Grout, Hathornr
lieifter, Jackson, Livermore, Matthews, Moore, Page, Parker'
Partridge, Van Ranftllaer, Seney, Sylvefttr, Smith, (J>. C.) Siodc,'
Sumpter, Thatcher, Tucker. 23.
NOES.
MefTrs Ames, Benfon, Boudinot, Brown, Cadwallader,Carroll,
Clymer, Fitzfimons, Foster, Gale, Gilman, t.oodhue, Hartley,
Laurance, Lee, Madison, P. Muhlenberg, Schureman, Scot,Sedg
wick, Sherman, Sinnickfon, Smith, (M.) Sturges, Trumbull, Vin
ing, Wadfworth, Wynkoop. 28.
Majority against the proportion 5.
The consideration of the amendment, which was poftpon:d
yeftcrday, was then resumed.
A variety of propositions were read, and on the queftionsbe
ing taken were negatived.
The following in substance, introduced by Mr. Smith,ofS.C.
was adopted, viz. After thefirft enumeration, there {hall be one
Reprtf ntative to every 30,000 inhabitants till the number fluil
amount to 100 —after which the proportion fwll be so regulated
by Congress, that there {hall be one to every 40,000, till the num
ber amounts to 200—after which the number shall not be encreaf
d at 1 I fs r?te. than one for every 50,000. Adjourned.
G E O 11G t TO WN ,(kutOW7nac) UGUST 12.
Last Monday being the yearly meeting of the
Patowmac company, the members of that truly
patriotic undertaking, allembledat Mr. John Su
per's, and atfer arranging the business for the
enfuingyear, they proceeded to the choice ofof
ficers, when the followiug gentlemen wereeleci
ed, viz.
THOMAS JOHNSON, Esq. in the room of his
Excellency the President of" Lhe United States of
America.
Thomas S. Lee, "1
John Fitzgerald, I Dire(flon<
UEORGE OILFIN, I
Notlev Young, J
It gives us infinite pleasure we have it in our
power to inform the public, that through the in
defatigable perseverance of the Patowmac com
pany, provision has been made to carry on the
work with great expedition, the ensuing year, so
that we may flatter ourselves with the pleafingi
dea of soon feeing the produce of our Weftcrn
country at 300 miles back, brought by water to
our own doors.
PHILADELPHIA, AUGUST I?.
In a London paper of the ioth of June, bro t
by the iliip Fair Penitent, arrived from Port -
Glasgow, there is a manifefto from England to
Denmark, intimating, " Should the Danfi "f'j'
the Ruffians, Great Britain will lookon it as a declp
ration of war, and will attack thetn immedut"}-
Britain has like wife ordered a fleet of twenty la»
of the line into theßaltic,as afleet of observation.
BOSTON, AUGUST IS- ,
In an Englifli paper of the 6tli June, very hand
some notice is taken of the scene which wasacte
at Trenton Bridge, by the Matrons, and "
robed choir" of that town, 011 The President s
palfing it when on his journey from Mount Ver
non to New-York. It is mentioned as a scene
which mufl have been the most int ere fling to tie
feelings—the 7nofl honorary and delightful that any
Hero or Monarch could have witnefled. e
thought is complimented as original' —the
is described as adding interest thereto —and t
whole panegyrized in the most brilliant manner.
[We cannot help retnarking, that a very viftble c
is difcernable in the Britijb accounts of the events ml
situation of this country. The language of contemp >
and which is worse of pity for our situation, is ca "&
edto the language of refpecS, and even hope' « "
der our new Constitution we may become a grot«'
a fiourijhing nat\on.~\ . 1
The refpeiftability of the; officers appomtc
the different grades oftlie Revenue Oepartmen ,
while itwillfecnre an honorable collection 0
revenue, muftgive great fatisfat'tion to the »
cantile interest. . ~
Mr. Joseph Spear, and Captain AM
Wheelwright, are appointed Weigi ers
Gangers for this diftriift. . 1 j n .
The following gentlemen are appoint
fpecflors for this port —Thomas Marking '
fq. Col. John Popkins, and Capt.
:)OLLI VER.