Gazette of the United-States. (New-York [N.Y.]) 1789-1793, August 29, 1789, Page 158, Image 2

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AUGUST 24, I 789.
RESOLVED, by the Senate and House of Repre
sentatives of the United States of America in Con
gress aflembled, two thirds of both houses deem
ing it neceflary, that the following articles be
proposed to the several states, as amendments to
the conilitution 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 con
ARTICLES in addition to, and amendment of the
Constitution of the United States of America, propos
ed by Congress and ratified by the legislatures of the
several States, pursuant to the $th article of the 0-
riginal conjUtutien.
Article i. After the firft eriumeration re
quired by the firft article of the conilitution,
there shall be one representative for every thirty
thousand, untill the number shall amount to one
hundred, after which the proportion shall be lb
regulated by Congress, that there shall not be
less than one hundred reprei'entatives, nor
less than one representative for every forty thou
sand persons, until the number of reprei'entatives
shall amount to two hundred, after which the
proportion (hall be so regulated by Congress, that
there shall not be less than two hundred repre
sentatives, nor less than one representative for
eveiy fifty thousand persons.
A t. 2. No law varying the compensation
to the members of Congress shall take effect, un
til an election of representatives fliall have inter
vened. (
Art. 3. Congress shall make no law eflab
lifhing religion, or prohibiting the free exercise
thereof, nor shall the rights of conscience be in
Art. 4. The freedom of speech, and of the
press, and the right of the people peaceably to
afiemble. and consult for their common good,
and to apply to the government for a redress of
grievances, shall not be infringed.
Art. j. A well regulated militia, composed
of the body of the people, being the bell fecuri
ty of a free state, the right of the people to keep
and bear arms shall not be infringed, but no one
religioufly/crupulous of bearing arms, shall be
compelled to render military service in person.
Art. 6. 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 p*efcribed by law.
Art. 7. The light of the people to be secure
in their persons, houses, papers and effects against
nnreafonable searches and seizures, shall not be
violated ; and no warrants shall ifliie, but upon
probable cause supported by oath or affirma
tion, and particularly describing the place to be
searched, and the persons or things to be seized.
Art. 8. No person shall be subject, except in
cafe of impeachment, to more than one trial or
one punishment for the fame offence, nor shall
"be compelled in any criminal cafe, to be a wit
ness against himfelf, nor be deprived of life, li
berty or property, without due process oflaw, nor
lhall private property be taken for public use with
out just compensation.
Art. 9 In all criminal prosecutions, the ac
crfed shall enjoy the right to a speedy and pub
lic trial, to be informed of the nature and cause
of the accusation, to be confronted with the wit
nefies against him, to have compulsory process
for obtaining witnefTes in his favour, and to have
the assistance of counsel for his defence.
Art. to. The trial of all crimes (except in
cases of impeachment, and in cases arifingin 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 accultomed
requisites ; and no person shall beheld toanfwer
for a capital orotlierwife infamouscrime, unless
on a prefenim ens or indictment by a grand jury ;
but if a crime he committed in a place in the pof
feflion of an enemy, or in which an infmretftion
may prevail, the indictment and trial may by
law be authorized in some other place within the
fame state.
Art. 11. No appeal to the Supreme Court of
the United States shall be allowed, where the
value in controversy shall not amount to one thou
land dollars ; nor shall any fact triable by a jury
according to the course of the common law, be o
tlierwife re-examinable, than according to the
rules of common law.
Art. 12 In suits common law, the right
of trial by jury shall be preserved.
Art. 13; ExceCive bail shall not be required,
nor excessive fines imposed, nor cruel and unu
sual punishments inflicted.
Art. 14. No state shall infringe the right of
trial byjury in criminal cases, nor the rights of
conscience, nor the freedom of speech, or of the
Art. 15. The enumeration in the conilitution
of certain rights shall not be conftruedto deny or
disparage others retained by the people.
Art. 16 The powers delegated by the con
stitution to the government of the United States,
shall be exercised as therein appropriated, fothat
the legillative shall never exercise the powers
veiled iri the executive or judicial; nor the exe
cutive the powers veftecl in the legislative or ju
dicial ; nor rhe judicial the powers veiled the le
g illative or executive.
Art. 17. The powers ; not delegated by the
conftirution, nor prohibited by it to the ltates,
are reserved to the states refpedlively.
Ordered, that the Clerk of this lioufe do carry
to the senate a fair and engrofled copy of the
said proposed articles of amendment, and desire
their concurrence. Ext raft froj/i the journals,
A PETITION from Joseph Wheaton, Serjeant
at arms, praying the appointment of a com
mittee, to examine certain scandalous reports
propagated refpeifting him ; was read, and order
ed to lie on the table.
Petitions were severally received from James
M'Lane, and Joseph Reed ; invalids in the ser
vice of the United States, praying provision to
be made for thenn
Mr. Goodhuk presented the report of a com-
on the memorial of the merchants of
Dumfries, Alexandria, George-town, &c. which
was ordered to lie on the table.
In Committee of the whole, on the bill to pro
vide for the fafe keeping of the a<fis, records,
and great seal of the United States, See.
Mr. Boudinot in the chair.
,^. r ' Sedgwick moved to insert a clause en
joining the payment of all fees to be received in
the department of secretary of Prate, into the
treasury : This motion was negatived.
1 he clause for establishing fees for searching
the records was struck out of the bill.
Mr. Sedgwick said, since the motion for pay
ing the fees into the treasury is negatived, I hope
the whole clause respecting thein will beexpung-
I atn opposed to increasing the emoluments
of an office in this way: I hope we fnall never
establish such a precedent in this government.
1 his indirect mode of taxing the people is liable
to a variety of objections—lt will be increasing
the income of an office to an amount which e
ludes all calculation.—Every public officer should
receive a competent allowance for his services
this officer will be very refpeifiable, and very re
sponsible ; and ought therefore to beliandfomely
supported by a known salary ; and I trust the sum
intended will be generous—l hope therefore that
all clauses respecting fees will be struck out: Not
that I wish the ideaof deriving an advantage from
them to the public, should be abandoned : We
ought to turn our attention to every source from
whence money can be diretted into the public
treasury, without burthening the people—this
I consider as one from whence considerable sums
may be drawn with ease and facility—it is a cus
tom the people have been used to, and in which
they will continue cliearfully to acquiesce ; more
especially when they consider that the finall fuins
they are called upon to pay for receiving the evi
dences of their appointment to an office perhaps
for life, are appropriated to public uses : I mean
therefore to renew the proposition, when the bill
comes before the house ; when I hope that upon
more more mature contemplation of the fubjed:,
it will be adopted. He then moved that the clause
should be struck out, which was seconded.
Mr. I itzsimons opposed striking out the
words. I hefe fees are to be received for extra
services—services which must be paid for in this
or fonie other mode, since the house has not
thought proper to establish another department.
Mr. Stone made a dlfti 11 ction in the services
to be performed by the secretary of state : The
services he is to render the public as secretary,
he is to receive an adequate compensation for
by a salary For other services, which by law he
is to do for individuals, he ought to be paid for
by those inividuals ; and for this reason I confid
er, said he, the fees proper.
Mr. Gerry was in favour of striking out the
Mr. Hartley. I hope Sir, the clause will not
be struck out; we are told that the public is not
to be put to any additional expence on account of
annexing tliefe duties to this office ; and for this
1 eafon the proposition for a new department has
been repeatedly rejected.
It is evident that an additional number of clerks
for the discharge of the business will be necefla
iy, how are they to be paid ?—The public is not
tobe burthened—l hope we shall retain the clause.
Mr. Laur nce observed, that if individuals
have a right to apply for, and be furnifhed with
copies of papers ; it is but reasonable that they
should pay for such copies. If they apply on ac
count of the public, the public ought to be charg
ed with the expence : If the application is for
their own private advantage, they certainly ought
to pay for employing the servants of the public ■
other wife it will be unequal. There will be but
few applications Comparatively /peak;™ .
thole may engross a great proportion of Sdl®
for which the pubhc is charged. me >
Mr. Sherman observed, as tile officer
cei ve a (alary for his whole services aud ,1 .
every individual in the community c ont rih
it would give more general fatisfadion
should be the whole emolument. We fhaii .
pect, set the salaries so high as will cau( -' r"'
uneasiness ; and if in addition, we add fee"™'
Mr. Li verm ore observed that it is a very <r,„
eral custom for officers intruded with public
pers, to receive fees for giving copies, and other
ervices of this kind, in addition to their fakrie!
It we do not make lome such regulation, we&all
have every perlon applying upon the moll triffl,„'
occasion, who would find employment for mar,
than too clerks
The fees received may be fufficient to pay f or
the additional duties annexed to this department
I am not in favour of high fees—a finall coniider
ation will be fufficient.
The motion for Hiking out the fees was negatived
The commitee then proceeded to discuss there
mainder of the bill; which being finilhed, the
committee rose and the chairman reported the
Tame as amended.
The lioufe immediately took the report into
Mr. Sedgwick renewed his motion for pro
viding that the fees ihould be paid into the trea
sury, which was again negatived.—The amend
ments being agreed to, it was ordered that the
bill be engrofled for a third reading to-morrow.
A meflage was received from the President of
the United States, by Mr. Secretary Lear, with
the refoWe of both houses, for compleatingthefur
vey orderedby the lateCongrefs ; to whichtheap
probation and signature of the President is affixed.
Mr. Secretary Oris brought down from the
senate, a bill providing for the regifteringveflels,
and to regulate the coasting trade; in which
they have concurred, with amendments.
These amendments were taken into considera
tion, butthe time did not admit of going through
with them this day. Adjourned.
The committee appointed for the purpose, re
ported that they had examined the enrolled bill
for eftabliffiing the treasury department, and
found the fame correcft.
It was moved and seconded that the speaker
sign the fame, who accordingly affixed his signa
ture thereto.
The engrofled bill to provide for the fafekeep
ing of the acfts, records and great seal of United
States, and for other purposes was read a third
time and pafled to be enacted.
The amendments of the senate to the coasting
bill were then taken into consideration—and a
greed to with some finall variations. The sen
ate have reduced the fees in this bill; among ci
Every register from 3to 2 Dollars.
Subsequent ditto 2 to I and jo cents,
Certificate of enrolment Ito jo ditto.
Licence to trade or carry p
on the whale or bank > I to jo ditto,
fiffieries for one year, _)
Every bond for licence ? j
to trade, } 10 d,tto
- Vi ni n g presented to the lioufe an ad of
the state of Delaware, offeringthe United States
the jurifdicftion over ten milesfquare, inanypart
of that state. should Congress make choice there
of for the permanent residence of the federal
government —which was read and laid on the
Mr. Heister presented to the house arepre
fentation of the inhabitants of the borough of
Reading in Pennsylvania, Hating the advanta
geous situation of that place, and their wifhesto
have it made choice of, as the place of the per
manent residence of the federal government—
which was read and laid on the table.
A similar representation from the inhabitants
of Germantown, and the inhabitants of Carlisle,
both in the state of Pennsylvania, and the
of the state of Pennsylvania, ceding the ju
rifdicftion of ten miles square to the United States,
were read, and laid on the table.
Mr. Gerry presented a supplementary report
to the estimate of the neceflary supplies for the
year 1789, —read and referredto the committee of
ways and means. _ ,
Mr. Smith (S. C.) of the committee appointed
for the purpose, brought in a bill providing f° r
the eftabliffiing hospitals for disabled seamen,
and for the regulation of harbours —which was
read the firft time. ,
This bill states that hospitals be eftabhlne
and maintained in such sea port towns in the
nited States as the President ffiall direjft, by
deduction from the wages of seamen, which cap
tains and commanders of vefl'els shall pay t° 1 5
officers of the customs at each entry of their ve
fels. ,
Mr. Scott, agreeable to notice, moved are 0
lution to the following effetS:: That ap l