the several States, and also that for the delivery of fugitives from justice. It was a clause of old standing, having been in force forty years under the New England Union of 1643, and it was proposed in the New Jersey Plan, that fugitive slaves should be delivered up on claim of the party to whom their labor might be due, was suggested by Butler and Pinckney.1 The Committee of Detail followed the Virginia and New Jersey Plans in providing for the admission of new States. The Articles provided for the admission of Canada, but Franklin's plan, of 1775, had provided for the admission of all the English colonies in America and for Ireland.2 The State immediately in the mind of the Convention was Vermont.3 The clause on the admission of States and the subdivision of old ones stands substantially as proposed by Gouverneur Morris, though slightly modified by Dickinson.5 Morris also was the father of the provision giving Congress power to dispose of and make all needful rules and regulations respecting the territory or other property of the United States. The idea of granting a republican form of government to every 1 August 28, Id. p. 487; and by Butler, August 29, Id. p. 492. 2 Article XII. 3 Elliot, vol. V, 495. 4 August 29, Elliot, V, 493; August 30, Id. p. 496. 5 Ib. 6 Section 3: 1. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. 2. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. 7 August 30, Elliot, V, 497. State originated with Madison and Randolph, but the language of the clause1 in which it occurs was James Wilson's.2 The Virginia Plan provided for amendments, Madison first3 suggesting the incorporation of the idea, but the Committee of Detail reported the article substantially as it stands.4 The clause declaring the debts of the Confederation valid was proposed by Randolph, though after a sugges 6 1 Section 4: 1. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. 2 Madison had enlarged on this reform in his letter to Washington, of April 16, and it was in the Virginia plan. July 18, Elliot, V, 332-333. 3 September 10, Elliot, V, 531. 4 Article V: 1. The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of twothirds 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 this 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; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. 5 Article VI: 1. All debts contracted and Engagements entered into before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. 2. This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. 506 THE SUPREME LAW. tion to the same end by Morris.1 That the Constitution and the laws of the United States and all treaties made under its authority shall be the supreme law of the land, was taken immediately from Hamilton's Sketch, though found, in part, in the New Jersey Plan. In his letter to Washington, in April, Madison had urged that the judges in every State ought to be bound to support the national Constitution, and the idea was incorporated in the Virginia Plan; but in this plan the oath was also to be taken by State legislators and executives, a provision, which though not incorporated in the Constitution, has become part of the practice of the country and especially by State law. The entire clause, as it stands, coincides closely with Luther Martin's resolution of the seventeenth of July, but is expressed almost in the original language of Rutledge.2 We owe it to Pinckney that no religious test can ever be required as a qualification to any office of public trust under the Constitution.3 Madison had also expressed to Washington, in his letter of April, the necessity of a ratification of the Constitution by the people, and not merely by "the ordinary authority of the legislatures." The Committee of Detail 3. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. 6 August 25, Elliot, Id., 476. 1 August 22, Elliot, Id., 464. 2 August 23, Elliot, Id., 467; see also Articles of Confederation, XIII. 3 August 30, Elliot, p. 498. Disapproval of religious tests was expressed in the form of an amendment proposed by South Carolina at the time of ratifying the Constitution. Elliot, Vol. IV, 319. reported the article on the subject, but that the ratification by nine States1 should be sufficient for establishing the Constitution was suggested by Randolph.2 1 Article VII: 1. The Ratification of the Convention of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the same. Done in Convention by the Unanimous Consent of the Go: WASHINGTON-Presidt. and deputy from Virginia. Attest William Jackson Secretary. New Hampshire: John Langdon, Nicholas Gilman. New York: Alexander Hamilton. New Jersey: Wil: Livingston, David Brearley, Wm. Paterson, Jona: Dayton. Pennsylvania: B. Franklin, Thomas Mifflin, Robt. Morris, Geo. Clymer, Thos. Fitz Simons, Jared Ingersoll, James Wilson, Gouv Morris. Delaware: Geo: Read, Gunning Bedford jun, John Dickinson, Richard Bassett, Jaco: Broom. Maryland: James McHenry, Dan of St. Thos. Jenifer, Danl Carroll. Virginia: John Blair, James Madison Jr. North Carolina: Wm: Blount, Richd. Dobbs Spaight, Hu Williamson. South Carolina: J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. Georgia: William Few, Abr Baldwin. 2 August 30, Elliot, pp. 493-501. *The word, "the," being interlined between the seventh and eighth Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page. [Note by Department of State: The interlined and rewritten words mentioned in the above explanation, are in this edition, printed in their proper places in the text.] 508 FIRST TEN AMENDMENTS. The origin of the fifteen articles commonly called the Amendments having been shown at length in the chapters which treat of them, it is unnecessary to give more than a brief and general account of their sources. Without exception the first ten emanated from the ratifying conventions of 1788, and were transcripts of provisions in the various Bills of Rights in force in the country. These ten articles were not amendatory of the Constitution, but were proposed in addition to its original seven articles, and their relationship to the original instrument must not be confused with that which the last five amendments bear. The first draft of these amendments1 was pro 1 [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 Constitution.] (ARTICLE I.) 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 Government for a redress of grievances. (ARTICLE II.) 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 III.) 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 IV.) 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 V.) No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand |