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“In the introductory paragraph, before the words “we the people insert “government being intended for the benefit of the people, and the rightful establishment thereof being derived from their authority alone.” “Article 1, section 6, between the words ‘United States’ and “shall in all cases,’ strike out “they,’ and insert “but no law varying the compensation shall take effect until an election of representatives shall have intervened. The members —” “Article 1, section 9, between paragraph two and three, insert “No religion shall be established by law, nor shall the equal rights of conscience be infringed. “‘The freedom of speech and of the press, and the right of the people peaceably to assemble, and consult for the common good, and to apply to the government for redress of grievances, shall not be infringed. “‘A well-regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no person religiously scrupulous shall be compelled to bear arms. . “‘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 prescribed by law. “‘No person shall be subject, except in case of impeachment, to more than one trial nor one punishment for the same offence, nor shall be compelled 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. “‘Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.” “Article 1, section 2, paragraph three, strike out all between the words ‘direct” and ‘and until such,” and,

instead thereof, insert “After the first enumeration, there shall be one for every thirty thousand, until the number shall amount to one hundred; after which the proportion shall be so regulated by congress, that the number of representatives shall never be less than one hundred, nor more than one hundred and seventy-five, but each State shall have at least one representative. “‘The right of the people to be secure in their persons, papers, and effects, shall not be violated by warrants issuing without probable cause, supported by oath or affirmation; and not then without particularly describing the place to be searched, and the person or thing to be seized. * “‘The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” “Article 1, section 10, between the first and second paragraphs, insert, ‘No State shall infringe the equal rights of conscience, nor the freedom of speech or of the press, nor of the right of trial by jury in criminal cases.” “Article 3, section 2, add to the second part, “But no appeal to such court shall be allowed, where the value in controversy shall not amount to over a thousand dollars; nor shall any fact triable by a jury according to the course of common law be otherwise reëxamined than according to rules of common law.” “Article 3, section 2, strike out the whole of the third paragraph, and insert, “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 processes for obtaining witnesses in his favor, and to have assistance of council in his defence. “‘The trial of all crimes (except in cases of impeach

ment, and in cases arising in the land and naval forces, or in the militia, when in actual service in time of war or public danger) shall be an impartial jury of freeholders of the vicinage, with the requisite unanimity for conviction, the right of challenge, and other accustomed requisites; and no person shall be held for a capital, or other infamous crime, unless on a presentment or indictment by a grand jury; but, if a crime be committed in a place in possession of an enemy, or in which an insurrection may prevail, the trial and indictment may by law be authorized in some other place not within the State ; and, if it be committed within a place not within a State, the indictment and trial may be in such place or places as the law may have directed. “‘In suits at common law, the right of trial by jury shall be preserved.” “Immediately after article 6, the following be inserted as article 7: “‘The powers delegated by this Constitution to the government of the United States shall be exercised as therein appropriated, so that the legislature shall not exercise the power vested in the executive and the judicial, nor the executive the powers vested in the legislative or the judicial, nor the judicial the powers vested in the legislative or executive. “‘The powers not delegated by this Constitution, nor prohibited by the States, are reserved to the States respectively.” “Article 7 to be made article 8.”

On the 14th of August, 1789, “The amendments, as reported by the committee, were taken up to be acted upon.” The first amendment being read, –

“Mr. Gerry objected to its phraseology, as it might

imply that all governments were established on this principle, and therefore, in point of fact, it was not true: the most of the governments of ancient and modern times were calculated on different principles. They had chiefly originated in fraud and force, and were designed for the purpose of oppression and personal ambition. He wished to have nothing go out from this body as a maxim which was false in fact, or which was not clear in its construction. He moved to alter the clause by inserting the words ‘of right.” “This motion was negatived. “Mr. Tucker objected to any amendments being made to the preamble to the Constitution, and the object was only to amend the Constitution. The preamble was no more the subject of amendment than the letter of the president annexed to the Constitution. “Mr. Smith, (S.C.) in answer to Mr. Tucker, showed that this amendment had been recommended by three States, and that it was proper it should be made. “Mr. Tucker replied, he was not opposed to the principle, but thought this was an improper place to express it: it could be inserted with propriety in a bill of rights, if one should be agreed on. “Others objected to the whole clause, as it was unnecessary, since the words “we the people’ contained within itself the principle of the amendment fully. “Mr. Sherman observed, that, if the Constitution had been a grant from another power, it would be proper to express this principle; but, as the right expressed in the amendment was natural and inherent in the people, it is unnecessary to give any ground on which they made their Constitution. It was the act of their own sovereign will. It was also said it would injure the preamble.”

Here the representatives acknowledge the in

alienable rights of mankind, and the very form of the expression made use of, it appears, was designed to make that acknowledgment, and to prevent congress from ever becoming, like foreign governments, an engine for power and oppression ; that is, this government should not interfere with any man's inalienable rights, and that they should in no case prevent the freedom of speech, of the press, of conscience, of the right of petition, or of peaceably assembling together for discussion, &c. and that any laws which they should at any time see fit to pass taking away these rights, such laws (if they could be called such) would be null and void, and of no binding force on any one. It being presumed the “general welfare,” and the liberty of the country, or of the individual, could not be gained in any instance by violating these rights, or that these benefits should not be attempted to be gained by violating individual liberty, or that they should not be guilty of an evil act, that a good might be derived, consequently all acts of our southern legislatures, preventing the colored people peaceably assembling to discuss their grievances, must be null and void. But to return : “Mr. Madison contended for the amendment. He saw no difficulty in the amendment with the preamble without injuring the propriety or sense of the paragraph. Though it was indisputable that the principle was on all hands acknowledged, and could of itself derive no force from expressing it, yet he thought it prudent to insert it, as it had been recommended by three respectable States. “The amendment was adopted.”

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