Journal of the House of Representatives of the United States, 1789-1793
APPENDIX.
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Ratification of the Constitution of the United States, by the State of North Carolina.
United States, January 11, 1790.
Gentlemen of the House of Representatives:
I have directed Mr. Lear, my private Secretary, to lay before you a copy of the adoption and ratification of the Constitution of the United States, by the State of North Carolina, together with a copy of a letter from his Excellency Samuel Johnston, President of the Convention of said State, to the President of the United States.
The originals of the papers which are herewith transmitted to you, will be lodged in the office of the Secretary of State.
G. WASHINGTON.
"Fayetteville, State of North Carolina, December 4, 1789.
"Sir: By order of the Convention of the People of this State, I have the honor to transmit to you the ratification and adoption of the Constitution of the United States by the said Convention, in behalf of the People.
"With sentiments of the highest consideration and respect, I have the honor to be,
"Sir, your most faithful and obedient servant,
"SAMUEL JOHNSTON, President of the Convention.
"To the President of the United States."
I do certify the above to be a true copy from the original.
TOBIAS LEAR, Secretary to the President of the United States.
"A Copy of the Adoption and Ratification of the Constitution of the United States by the State of North Carolina.
"STATE OF NORTH CAROLINA.--IN CONVENTION.
"Whereas the General Convention which met in Philadelphia in pursuance of a recommendation of Congress, did recommend to the citizens of the United States, a Constitution or form of government, in the following words, viz. "We the People," &c.
[Here follows the Constitution of the United States, verbatim.]
"Resolved, That this Convention, in behalf of the freemen, citizens, and inhabitants, of the State of North Carolina, do adopt and ratify the said Constitution and form of government.
"Done in Convention this 21st day of November, 1789.
"SAMUEL JOHNSTON, President of the Convention.
"J. Hunt, James Taylor, Secretaries."
By the direction of the President of the United States, I have examined and compared the foregoing with the adoption and ratification of the Constitution of the United States by the State of North Carolina, which was transmitted to the President of the United States by Samuel Johnston, President of the Convention of said State--as well as the transcript of the Constitution of the United States recited in the said ratification, which I certify to be a true copy.
TOBIAS LEAR, Secretary to the President of the United States.
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Ratification of the Constitution of the United States, by the State of Rhode Island and Providence Plantations.
United States, June 16th, 1790.
Gentlemen of the Senate and House of Representatives:
The ratification of the Constitution of the United States of America, by the State of Rhode Island and Providence Plantations, was received by me last night, together with a letter to the President of the United States, from the President of the Convention. I have directed my Secretary to lay before you a copy of each.
G. WASHINGTON.
"RHODE ISLAND:
"Newport, June 9th, 1790.
"Sir: I had, on the 29th ultimo, the satisfaction of addressing you, after the ratification of the Constitution of the United States of America, by the Convention of this State. I have now the honor of enclosing the Ratification as then agreed upon by the Convention of the People of this State. The Legislature is now in session in this town; an appointment of Senators will undoubtedly take place in the present week, and from what appears to be the sense of the Legislature, it may be expected that the gentlemen who may be appointed, will immediately proceed to take their seats in the Senate of the United States.
"I have the honor to be, with great respect, Sir, your obedient humble servant,
"DANIEL OWEN, President.
" President of the United States."
[The Constitution of the United States of America precedes the following Ratification.]
Ratification of the Constitution by the Convention of the State of Rhode Island and Providence Plantations.
"We, the Delegates of the People of the State of Rhode Island and Providence Plantations, duly elected and met in Convention, having maturely considered the Constitution for the United States of America, agreed to on the seventeenth day of September, in the year one thousand seven hundred and eighty-seven, by the Convention then assembled at Philadelphia, in the Commonwealth of Pennsylvania, (a copy whereof precedes these presents,) and having also seriously and deliberately considered the present situation of this State, do declare and make known:
First. That there are certain natural rights, of which men, when they form a social compact, cannot deprive or divest their posterity, among which are the enjoyment of life and liberty, with the means of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety.
Second. That all power is naturally vested in, and consequently derived from, the People; that magistrates, therefore, are their trustees and agents, and at all times amenable to them.
Third. That the powers of Government may be reassumed by the People, whensoever it shall become necessary to their happiness. That the rights of the States respectively to nominate and appoint all State officers, and every other power, jurisdiction, and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or to the Departments of Government thereof, remain to the People of the several States, or their respective State Governments, to whom they may have granted the same; and that those clauses in the said Constitution, which declare that Congress shall not have or exercise certain powers, do not imply that Congress is entitled to any powers not given by the said Constitution; but such clauses are to be construed as exceptions to certain specified powers, or as inserted merely for greater caution.
Fourth. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, and not by force or violence; and therefore all men have an equal, natural, and unalienable right to the exercise of religion, according to the dictates of conscience; and that no particular religious sect or society ought to be favored or established by law, in preference to others.
Fifth. That the Legislative, Executive, and Judiciary powers of Government should be separate and distinct; and that the members of the two first may be restrained from oppression, by feeling and participating the public burthens, they should, at fixed periods, be reduced to a private station, return into the mass of the People, and the vacancies
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be supplied by certain and regular elections; in which all or any part of the former members to be eligible, or ineligible, as the rules of the Constitution of Government and the laws shall direct.
Sixth. That elections of Representatives in Legislatures ought to be free and frequent, and all men having sufficient evidence of permanent common interest with, and attachment to the community, ought to have the right of suffrage; and no aid, charge, tax, or fee, can be set, rated, or levied upon the People, without their own consent, or that of their Representatives so elected, nor can they be bound, by any law to which they have not in like manner consented for the public good.
Seventh. That all power of suspending laws, or the execution of laws, by any authority, without the consent of the Representatives of the People in the Legislature, is injurious to their rights, and ought not to be exercised.
Eighth. That in all capital and criminal prosecutions, a man hath a fight to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence and be allowed counsel in his favor, and to n fair and speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty, (except in the government of the land and naval forces,) nor can he be compelled to give evidence against himself.
Ninth. That no freeman ought to be taken, imprisoned, or disseized, of his freehold, liberties, privileges, or franchises, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the trial by jury, or by the law of the land.
Tenth. That every freeman restrained of his liberty, is entitled to a remedy, to inquire into the lawfulness thereof, and to remove the same if unlawful, and that such remedy ought not to be denied or delayed.
Eleventh. That in controversies respecting property, and in suits between man and man, the ancient trial by jury, as hath been exercised by us and our ancestors, from the time whereof the memory of man is not to the contrary, is one of the greatest securities to the rights of the People, and ought to remain sacred and inviolable.
Twelfth. That every freeman ought to obtain right and justice, freely and without sale, completely and without denial, promptly and without delay; and that all establishments or regulations contravening these rights, are oppressive and unjust.
Thirteenth. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.
Fourteenth. That every person has a fight to be secure from all unreasonable searches and seizures of his person, his papers, or his property; and therefore, that all warrants to search suspected places, or seize any person, his papers or his property, without information ripen oath or affirmation of sufficient cause, are grievous and oppressive; and that all general warrants (or such in which the place or person suspected are not particularly designated) are dangerous, and ought not to be granted.
Fifteenth. That the People have a right peaceably to assemble together, to consult for their common good, or to instruct their Representatives; and that every person has a right to petition or apply to the Legislature for redress of grievances.
Sixteenth. That the People have a right to freedom of speech, and of writing and publishing their sentiments. That freedom of the press is one of the greatest bulwarks of liberty, and ought not to be violated.
Seventeenth. That the People have a right to keep and hear arms; that a well regulated militia, including the body of the People capable of bearing arms, is the proper, natural, and safe defence of a free State; that the militia shall not be subject to martial law, except in time of war, rebellion, or insurrection; that standing armies in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity; and that at all times the military should be under strict subordination to the civil power; that in time of peace no soldier ought to be quartered in any house without the consent of the owner, and in time of war only by the civil magistrates in such manner as the law directs.
Eighteenth. That any person religiously scrupulous of bearing arms, ought to be exempted upon payment of an equivalent to employ another to bear arms in his stead.
Under these impressions, and declaring that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid are consistent with the said Constitution, and in confidence that the amendments hereafter mentioned will receive an early and mature consideration, and conformably to the fifth article of said Constitution, speedily become a part thereof--We the said delegates, in the name and in the behalf of the People of the State of Rhode Island and Providence Plantations, do, by these presents, assent to and ratify the said Constitution. In full confidence, nevertheless, that until the amendments; hereafter proposed and undermentioned, shall be agreed to and ratified,
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pursuant to the aforesaid fifth article, the militia of this Senate will not be continued in service out of this State for a longer term than six weeks, without the consent of the Legislature thereof; that the Congress will not make or alter any regulation in this State respecting the times, places, and manner, of holding elections for Senators or Representatives, unless the Legislature of this State shall neglect or refuse to make or regulations for the purpose, or from any circumstance be incapable of making the same, and that in those cases such power will only be exercised until the Legislature of this State shall make provision in the premises; that the Congress will not lay direct taxes within this State, but when the moneys arising from the impost, tonnage, and excise, shall be insufficient for the public exigencies, nor until the Congress shall have first made a requisition upon this State to assess, levy, and pay, the amount of such requisition, made agreeable to the census fixed in the said Constitution, in such way and manner as the Legislature of this State shall judge best, and that the Congress not, lay any capitation or poll-tax.
Done in Convention, at Newport, in the county of Newport, in the State of Rhode Island and Providence Plantations, the twenty-ninth day of May, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the Independence of the United States of America.
By order of the Convention.
DANIEL OWEN, President.
Attest. Daniel Updike, Secretary.
And the Convention do, in the name and behalf of the People of the State of Rhode Island and Providence Plantations, enjoin it upon their Senators and Representative or Representatives which may be elected to represent this State in Congress, to exert all their influence, and use reasonable means, to obtain a ratification of the following amendments to the said Constitution, in the manner prescribed therein, and in all laws to be passed by the Congress in the mean time, to conform to the spirit of the amendment, as far as the Constitution will admit.
AMENDMENTS.
First. The United States shall guaranty to each State its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Constitution expressly delegated to thee United States.
Second. That Congress shall not alter, modify, or interfere in, the times, places, or manner, of holding elections for Senators and Representatives, or either of them, except when the Legislature of any State shall neglect, refuse, or be disabled by invasion or rebellion, to prescribe the same, or in case when the provision made by the Senate is imperfect that no consequent election is had, and then only until the Legislature of such State shall make provision in the premises.
Third. It is declared by the Convention, that the judicial power of the United States, in cases in which a State may be a party, does not extend to criminal prosecutions, or to authorize any suit by any person against a State: but to remove all doubts or controversies respecting the same, that it be especially expressed as a part of the Constitution of the United States, that Congress shall not, directly or indirectly, either by themselves, or through the Judiciary, interfere with any one of the States, in the redemption of paper money already emitted, and now in circulation, or in liquidating or discharging the public securities of any one State; that each and every State shall have the exclusive right of making such laws and regulations for the before mentioned purpose as they shall think proper.
Fourth. That no amendments to the Constitution of the United States, hereafter be made pursuant to the fifth article, shall take effect, or become a part of the Constitution of the United States, after the year one thousand seven hundred and ninety-three, without the consent of eleven of the States heretofore united under the Confederation.
Fifth. That the judicial powers of the United States shall extend to no possible case where the case of action shall have originated before the ratification of this Constitution except in disputes between States about their territory, disputes between persons claiming lands under grants of different States, and debts due to the United States.
Sixth. That no person shall be compelled to do military duty otherwise than by voluntary enlistment, except in cases of general invasion; any thing in the second paragraph of the sixth article of the Constitution, or any law made under the Constitution, to the contrary notwithstanding.
Seventh. That no capitation or poll tax shall ever be laid by Congress.
Eighth. In cases of direct taxes, Congress shall first make requisitions on States to assess, levy, and pay, their respective proportions of such requisitions, in such
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way and manner as the Legislatures of the several States shall judge best: 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 at the of six per cent. per annum, from the time prescribed in such requisition.
Ninth. That Congress shall lay no direct taxes without the consent of the Legislatures of three fourths of the States in the Union.
Tenth. That the Journals of the proceedings of the Senate and House of Representatives shall be published as soon as conveniently may be, at least once in every year; except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy.
Eleventh. That regular, statements of the receipts and expenditures of all public moneys, shall be published at least once a year.
Twelfth. As standing armies in time of peace are dangerous to liberty, and ought not to be kept up except in cases of necessity, and as at all times the military should be under strict subordination to the civil power, that therefore no standing army or regular troops shall be raised or kept up in time of peace.
Thirteenth. That no moneys be borrowed on the credit of the United States, without the assent of two-thirds of the Senators and Representatives present in each House.
Fourteenth. That the Congress shall not declare war without the concurrence of two-thirds of the Senators and Representatives present in each House.
Fifteenth. That the words "without the consent of Congress," in the seventh clause in the ninth section of the first article of the Constitution, be expunged.
Sixteenth. That no Judge of the Supreme Court of the United States, shall hold any other office under the United States, or any of them; nor shall any officer appointed by Congress, or by the President and Senate of the United States, be permitted to hold any office under the appointment of any of the States.
Seventeenth. As a traffic tending to establish or continue the slavery of any part of the human species, is disgraceful to the cause of liberty and humanity, that Congress shall, as soon as may be, promote and establish such laws and regulations as may effectually prevent the importation of slaves of every description into the United States.
Eighteenth. That the State Legislatures have power to recall, when they think it expedient, their federal Senators, and to send others in their stead.
Nineteenth. That Congress have power to establish a uniform rule of inhabitancy or settlement of the poor of the different States throughout the United States.
Twentieth. That Congress erect no company with exclusive advantages of commerce.
Twenty-first. That when two members shall move or call for the ayes an nays on any question, they shall be entered on the journals of the Houses respectively.
Done in Convention, at Newport, in the county of Newport, in the State of Rhode Island and Providence Plantations, the twenty-ninth day of May, in the year of our Lord one thousand seven hundred and ninety, and the fourteenth year of the independence of the United States of America.
By order of the Convention.
DANIEL OWEN, President.
Attest. Daniel Updike, Secretary."
A true copy.
TOBIAS LEAR, Secretary to the President of the United States.
Ratifications of the Amendments to the Constitution of the United States.
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BY THE STATE OF NEW HAMPSHIRE.
United States, February 15th, 1790.
Gentlemen of the Senate House of Representatives:
I have directed my Secretary to lay before you the copy of a vote of the Legislature of the State of New Hampshire, to accept the articles proposed in addition to, and amendment of, the Constitution of the United States of America, except the second article. At the same time will be delivered to you, the copy of a letter from his excellency the President of the State of New Hampshire, to the president the United States.
The originals of the above mentioned vote and letter will be lodged in the office of the Secretary of State.
G. WASHINGTON.
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"Durham, in New Hamsphire, January 29th, 1790.
Sir: I have the honor to inclose you, for the information of Congress a vote of the Assembly of this State to accept all the articles of amendments to the Constitution of the United States, except the second, which was rejected.
I have the honor to be, with the most profound respect, Sir, your most obedient, and very humble servant,
JOHN SULLIVAN
The President of the United States.
STATE OF NEW HAMPSHIRE.
In the House of Representatives, January 25th, 1790.
Upon reading and maturely considering the proposed amendments to the Federal Constitution,
Voted, To accept the whole of said amendment, except the second article (Article the Second.--No Law varying the Compensations for the Services of the Senators and Representatives shall take Effect, until an Election of Representatives shall have intervened.), which was rejected. Sent up for concurrence.
THOMAS BARTLETT, Speaker.
In Senate, the same day, read and concurred.
J. PEARSON, Secretary.
A true copy. Attest, JOSEPH PEARSON, Secretary."
I certify the above to be a true copy of the copy transmitted to the President of the United States.
TOBIAS LEAR, Secretary to the president of the United States.
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BY THE STATE OF NEW YORK.
The People of the State of New York, by the grace of God free and independent:
To all to whom these presents shall come or may concern, greeting:
Know ye, that we, having inspected the records remaining our Secretary's do find there a certain act of our Legislature, in the words following:
AN ACT ratifying certain Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by the Congress.
Whereas, by the fifth article of the Constitution of the United States of America, it is provided that the Congress, whenever two-thirds of both Houses shall deem it necessary. shall propose amendments to the said Constitution, which shall be valid all intents and purposes as part of the said 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 Congress:
And whereas, in the session of the Congress of the United States of America, begun and held at the city of New York, on Wednesday, the fourth of March, one thousand seven hundred and eighty-nine, it was resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring', 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 a part of the said Constitution, viz:
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 original Constitution.
Article First. After the first enumeration required by the first article of the Constitution, 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 Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives amount to two hundred; after which, the proportion shall be so regulated by Congress that there shall not be less than two hundred Representatives, nor move than one Representative for every fifty thousand persons.
Article the Second. No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened.
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Article the Third. 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 the Fourth. 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 the Fifth. No soldier shall, in time of peace, be quartered in my house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.
Article the Sixth. The right of the People to be secure in their persons, papers, houses, and effects, against unreasonable searches and seizures shall not be violated; and no warrant 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 the Seventh. No person shall be held to answer for a capital or otherwise famous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war, or public danger; nor shall any person be subject, for the same offence, to be twice put into jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a 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.
Article the Eighth. In all criminal prosecutions, the accused shall enjoy the right of speedy and public trial by an impartial jury of the State and District wherein the crime shall have been committed, which District shall have been previously ascertained by law, and 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.
Article the Ninth. In suits of common law, where the value in controversy shall succeed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by jury shall be otherwise examined, in any Court of the United States, than according to the rules of the common law.
Article the Tenth. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.
Article the Eleventh. The enumeration in the Constitution of certain rights, shall not be construed to deny or to disparage others retained by the People.
Article the Twelfth. The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are rescued to the States, respectively, or to the People.
And whereas the Legislature of this State have considered the said Articles and do agree to the same, except the second Article: Theretofore,
Be it enacted by the People of the State of New York represented in Senate and it is hereby enacted by the authority of the same, That the said Articles, except the second, shall be, and are hereby, ratified, by the Legislature of this State.
State of New York, in Assembly, February 22, 1790.
This bill having been read the third time,
Resolved, That the bill do pass.
By order of the Assembly:
GULIAN VERPLANCK, Speaker."
State of New York, in Senate, February 24, 1790.
This bill having been read a third time,
Resolved, That the bill do pass.
By order of the Senate:
ISAAC ROOSEVELT, President pro hac vice.
Council of Revision, February, 27, 1790.
Resolved, That it does not appear improper to the Council that this bill, entitled act ratifying certain Articles in addition to, and amendment of, the Constitution of the United States of America proposed by the Congress," should become a law of this State.
GEORGE CLINTON.
All which we have caused to be exemplified by these present. In testimony whereof, we have caused these our letters to be made patent, and the Great Seal of our said State to be hereunto affixed. Witness our trusty and well beloved Clinton, Esquire, Governor of our said State, General and Commander in Chief of all the Militia, and Admiral of the Navy of the same, at our City of New York, the twenty-seventh
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day of March, in the year one thousand seven hundred and ninety, and in the fourteenth yea: of our Independence.
GEORGE CLINTON.
[Seal Appendant]
Passed the Secretary's Office, the 27th March, 1790.
LEWIS A. SCOTT, Secretary."
I hereby certify that the foregoing is a true copy of the exemplification of an act transmitted to the President of United States, by the Governor of the State of New York.
TOBIAS LEAR, Secretary to the President of the United States.
United States, April 5th, 1790.
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BY THE STATE OF PENNSYLVANIA.
United States, March 16th, 1790.
Gentlemen of the Senate and House of Representatives:
I have directed my Secretary to lay before you the copy of an act, and the form of ratification of certain Articles of Amendment to the Constitution of the United States, by the State of Pennsylvania; together with the copy of a letter which accompanied said act, from the Speaker of the House of Assembly of Pennsylvania, to the President of the United States. The originals of the above will be lodged in the office of the Secretary of State.
G. WASHINGTON.
"In Assembly of Pennsylvania, March 11th, 1790.
Sir: I have the honor to transmit an exemplified copy of the act declaring the assent of this State to certain Amendments to the Constitution of the United States, that you may be pieced to lay it before Congress.
With the greatest respect, I have the honor to be, your obedient servant,
RICHARD PETERS, Speaker.
His Excellency the President of the United States.
In General Assembly, State of Pennsylvania, to wit:
In pursuance of a resolution of the General Assembly of the State of Pennsylvania, being the Legislature thereof, I do hereby certify that the paper hereunto annexed contains an exact and true exemplification of the act whereof it purports to be a copy, by virtue whereof the several amendments therein mentioned, proposed to the Constitution of the United States, were, on the part of the Commonwealth of Pennsylvania, agreed to, ratified, and confirmed.
Given under my hand, and the Seal of the State, this eleventh day of March, in the year of our Lord one thousand seven hundred and ninety.
RICHARD PETERS, Speaker.
[Seal Appendant]
AN ACT declaring the assent of this State to certain amendments to the of the United States.
Section 1. Whereas, in pursuance of the fifth article of the Constitution of the United States, certain Articles of Amendment to the said Constitution have been proposed by the Congress of the United States, for the consideration of the Legislatures of the several States: And whereas this House, being the Legislature of the State of Pennsylvania, having maturely deliberated thereupon, have resolved to adopt and the articles hereafter enumerated as part of the Constitution of the United States.
Section 2. Be it enacted, therefore, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania, in General Assembly met and by the authority of the same, That the following amendments to the Constitution of the United States, proposed by the Congress thereof, viz:
[Here follow the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth articles, which were proposed by Congress to the Legislatures of the several States, as amendments to the Constitution of the United States.]
Be, and they are hereby, ratified on behalf of this State, to become, when ratified by the Legislatures of three-fourths of the several States, part of the Constitution of the United States.
Signed by order of the House.
RICHARD PETERS, Speaker of the General Assembly.
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I, Mathew Irwin, Esq. Master of the Rolls for the State of Pennsylvania, do certify the preceding writing to be a true copy, (or exemplification) of a certain law remaining in my office.
Witness my hand and Seal of Office, the eleventh of March, one thousand seven hundred and ninety.
MATHEW IRWIN, M. R."
United States, March 16th, 1790.
I certify the above to be a true copy from the original.
TOBIAS LEAR,
Secretary to the President of the United States.
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BY THE STATE OF DELAWARE.
United States, March 8, 1790.
Gentlemen of the Senate and House of Representatives:
I have received from his Excellency Joshua Clayton, President of the State of Delaware, the Articles proposed by Congress to the Legislatures of the several States, as Amendments to the Constitution of the United States, which articles were transmitted him for the consideration of the Legislature of Delaware, and are now returned, with the following resolutions annexed to them, viz:
"The General Assembly of Delaware having taken into their consideration the above Amendment, proposed by Congress to the respective Legislatures of the several States:
Resolved, That the first article be postponed.
Resolved, That the General Assembly do agree to the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth articles; and we do hereby assent to, ratify, and confirm, the same, as part of the Constitution of the United States.
In testimony whereof, we have caused the great seal of the State to be hereunto affixed, this twenty-eighth day of January, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the Independence of Delaware State.
Signed by order of the Council.
GEO, MITCHELL, Speaker.
Signed by Order of the House of Assembly.
JEHU DAVIS, Speaker."
I have directed a copy of the letter which accompanied the said Articles from his excellency Joshua Clayton to the President of the United States, to be laid before you.
The before mentioned Articles and the original of the letter, will be lodged in the office of the Secretary of State.
G. WASHINGTON.
"Sir: Agreeably to the directions of the General Assembly of this State, I do myself the honor to enclose your Excellency their Ratification of the Articles proposed by Congress to be added to the Constitution of the United States, and am, with every sentiment of esteem, sir, your Exellency's most obedient humble servant,
JOSHUA CLAYTON.
His Excellency George Washington,
President of the United States."
United States, March 8, 1790.
I hereby certify that the above letter is a rate copy from the original.
TOBIAS LEAR, Secretary to the President of the United States.
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BY THE STATE OF MARYLAND.
United States, January 25, 1790.
Gentlemen of the Senate and House of Representatives:
I have received from his Excellency John E. Howard, Governor of the State of Maryland, act of the Legislature of Maryland to ratify certain Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress to the Legislatures of the several States; and have directed my Secretary to lay a copy of the same before you, together with the copy of a letter accompanying the above act, from his Excellency the Governor of Maryland to the President of the United States. The originals will be deposited in the office of the Secretary of State.
GEORGE WASHINGTON.
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"Annapolis, January 15th, 1790.
Sir: I have the honor to enclose a copy of an Act of the Legislature of Maryland, to ratify certain articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress to the Legislatures of the several States.
I have the honor to be, with the highest respect, sir, your most obedient servant,
J. E. HOWARD.
His Excellency the President of the United States."
I do certify the foregoing to be a true copy from the original letter from John E. Howard, Governor of the Senate of Maryland, to the President of the United States.
TOBIAS LEAR
Secretary to the President of the United States.
"AN ACT to ratify certain Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress to the Legislature of the several States.
Whereas it is provided, by the fifth article of the Constitution of the United States of America, that Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to the said Constitution; or on the application of the Legislatures of two thirds 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 the said 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:
And whereas, at a session of the United States, begun and held at the City of New York, on Wednesday, the fourth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, it was resolved by the Senate and House of Representatives of the said United States, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislature 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 Legislature, to be valid, to all intents and purposes, as part of the said Constitution, viz:
Article the First. After the first enumeration required by the first article of the Constitution, there shall be one Representatives 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 not less than one hundred Representatives, nor less than one Representatives for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which, the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.
Article the Second. No law, varying the compensation for the services of the Senators and Representatives, shall take effect until election of Representatives shall have intervened.
Article the Third. 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 petition the Government for redress of grievances.
Article the Fourth. 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 the Fifth. 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 to be prescribed by law.
Article the Sixth. 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 thing to be seized.
Article the Seventh. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service, in time of war, or public danger; nor shall any person be subject for the same offence to be twice put into jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process
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of law; nor shall private property be taken for public use without just compensation.
Article the Eighth. In all criminal prosecutions the accused shall enjoy the right of a speedy and public trial, by an impartial Jury, of the State and District wherein the crime shall have been committed, which District shall have been, previously, ascertained by law; and to be informed of the narrate 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.
Article the Ninth. In suits of common last; where the value in controversy shall exceed twenty dollars, the right of trial, by Jury, shall be preserved; and no fact, tried by a Jury, shall be otherwise re-examined, in any Court of the United States, than according to the rules of the common law.
Article the Tenth. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Article the Eleventh. The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the People.
Article the Twelfth. The powers not delegated to the United States by the Constitution, prohibited by it to the States, are reserved to the States, respectively, or to the People.
Be it enacted by the General Assembly of Maryland, That the aforesaid articles, and each of them, be, and they are hereby, confirmed and ratified.
By the House of Delegates, December 17th, 1789.
Read and assented to. By order.
W. HARWOOD, Clerk.
By the Senate, December 19th, 1790.
Read and assented to. By order.
H. RIDGELY, Clerk.
J. E. HOWARD, [Seal appendant.]
I hereby certify that the above is a true copy from the original engrossed act, as passed by the Legislature of the State of Maryland.
T. JOHNSON, Jun. Clerk Council.
Maryland, ss.
In testimony that Thomas Johnson, Jun. is Clerk of the Executive Council for the State of Maryland, I have hereto affixed the Great Seal of the said State.
Witness my hand, this fifteenth day of January, Anno Domini one thousand seven hundred and ninety.
SAMUEL HARVEY HOWARD,
Register Court Chancery."
I certify the foregoing to be a true copy of the act transmitted to the President of the United States, by J. E. Howard, Governor of the State of Maryland.
TOBIAS LEAR,
Secretary to the President of the United States.
--
BY THE STATE OF SOUTH CAROLINA.
United States, April 1, 1790.
Gentlemen of the Senate House of Representatives:
I have directed my Private Secretary to lay before you a copy of the adoption, by the Legislature of South Carolina, of the articles proposed by Congress to the Legislatures of the several States, as Amendments to rite Constitution of the United States; together with the copy of a letter from the Governor of the State of South Carolina to the President of the United States, which have lately come to my hands.
The originals of the foregoing will be lodged in the office of the Secretary of State.
G. WASHINGTON.
Sir: I have the honor to transmit you the entire adoption, by the Legislature of the State, of the Amendments proposed to the Constitution of the United States.
I am, with the most perfect esteem and respect, your most obedient servant,
Page 310 | Page image
In the House of Representatives,
January 18th, 1790.
The House took into consideration the report of the committee to whom was referred the resolution of the Congress of the United States, of the fourth day of March, one thousand seven hundred and eighty-nine, proposing Amendments to the Constitution of the United States, viz:
Begun and held at the City of New York, on Wednesday, the fourth of March, one thousand seven hundred and eigthy-nine.
The Conventions of a number of the States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of powers, that further declaratory and restrictive clauses should be added. And, as tending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution:
Resolved, By the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as Amendments to 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, viz:
Articles in addition to, and amendment of, the Constitution of the United States America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth article of the original Constitution.
Article the First. After the first enumeration, required by the first article of the Constitution, 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 not be less than one hundred Representatives, 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 by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand.
Article the Second. No law, varying the compensation for services of the Senators and Representatives, shall take effect until an election of Representatives shall have intervened.
Article the Third. 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 the Fourth. 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 the Fifth. 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 prescribed by law.
Article the Sixth. 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 the Seventh. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service, time of war or public danger; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a 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.
Article the Eighth. In all criminal prosecutions, the accused shall enjoy the fight of a speedy and public trial, by an impartial Jury, of the State and District wherein the crime shall have been committed, which District shall have been, previously, ascertained by law; and 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.
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Article the Ninth. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial, by jury, shall be preserved and no fact, exceed by a Jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Article the Tenth. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Article the Eleventh. The enumeration in the Constitution of certain rights, shall not be construed to deny, or disparage, others, retained by the People.
Article the Twelfth. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to People.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS,
Vice President of the United States and President of the Senate.
Attest, John Beckley, Clerk of the House of Representatives.
Samuel A. Otis, Secretary of the Senate.
Which being read through, was agreed to: Whereupon,
Resolved, That this House do adopt the said several articles, and that they become a part of the Constitution of the United States.
Resolved, That the resolutions be sent to the Senate for their concurrence.
By order of the House:
JACOB READ, Speaker of the House of Representatives.
Resolved, That this House do concur with the House of Representatives in the foregoing resolutions.
By order of the Senate:
D. DE SAUSSURE, President of the Senate."
--
BY THE STATE OF NORTH CAROLINA.
Gentlemen of the and House of Representatives:
I have directed my Secretary to lay before you a copy of the ratifications of the Amendments to the Constitution of the United States by the State of North Carolina; together with an extract from a letter, accompanying the said ratification, from the Governor of the State of North Carolina to the President of the United States.
G. WASHINGTON.
Extract of a Letter from this Excellency Alexander Martin, Governor of the State of North Carolina, to the President of the United States.
"Rockingham, May 25th, 1790.
Sir: I do myself the honor to transmit you, herewith enclosed, an Act of the General Assembly of this State; passed at their last session, entitled " An act to ratify the Amendments to the Constitution of the United States."
State of North Carolina
His Excellency Alexander Martin, Esquire, Governor, Captain General and Commander in Chief in and over the said State.
It is certified that the Honorable James Glasgow, Esquire, who hath attired the annexed copy of an act of the General Assembly of this State, was, at the time thereof, and now is, Secretary of the said State, and that full faith and credit are due to his official acts.
Given under my hand, and the great seal of the State, at Danbury, the fourteenth day of February, Anno Dom. 1790, and in the 14th year of our Independence.
ALEXANDER MARTIN, [Seal appendant.]
By his Excellency's command:
Thomas Rogers, D. Sec.
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AN ACT to ratify the Amendments to the Constitution of the United States.
Whereas the Senate and House of Representatives of the United States of America, in Congress assembled, on the fourth day of March, did resolve, two-thirds of both Houses concurring, 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:
[Here follow the several Articles of Amendment, verbatim, as proposed by Congress to the Legislatures of the several States.]
Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the said Amendments, agreeable to the fifth article of the original Constitution, be held and ratified on the part of this State as articles in addition to, and amendment of, the Constitution of the United States of America.
CHA'S JOHNSON, S. S.
S. CABARRUS, C. H. C.
Read three times, and ratified in General Assembly, this 22d day of December, Anno Domini 1789.
State Of North Carolina.
I, James Glasgow, Secretary of the said State, do hereby certify the foregoing to be a true copy of the original act of the Assembly filed in the Secretary's office. In testimony whereof, I have hereunto set my hand, this tenth day of February, 1790.
JAMES GLASGOW."
United States, June 11, 1790.
I do certify the preceding to be a true copy of the transcript of the act transmitted to the President of the United States, by his excellency Governor Martin.
TOBIAS LEAR, Secretary to the President of the United States.
--
BY THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
United States, June 30, 1790.
Gentlemen of the Senate and House of Representatives:
An act of the Legislature of the State of Rhode Island and Providence Plantations, for ratifying certain articles as amendments to the Constitution of the United States, was yesterday put into my hands; and I have directed my Secretary to lay a copy of the same before you.
G. WASHINGTON.
"By his Excellency Arthur Fenner, Esquire, Governor, Captain General, and Commander in Chief of and over the State of Rhode Island and Providence Plantations.
Be it known, That Henry Ward, Esquire, who hath under his hand certified the annexed paper, purporting an act of the General Assembly of the said State to be a true copy, is Secretary of the said State, duly elected, and engaged according to law. Wherefore unto his certificate of that matter, full faith is to be rendered.
Given under my had, and the seal of the said State, at Providence, this fifteenth day of June, A. D. 1790, and in the fourteenth year of Independence.
ARTHUR FENNER.
By his Excellency's command:
Henry Ward, Secretary.
State Of Rhode Island And Providence Plantations.
In General Assembly, June Session, A. D. 1790.
AN ACT for ratifying certain articles as Amendments to the Constitution of the United States of America, and which were proposed by the Congress of the said States, at their session in March, A. D. 1789, to the Legislatures of the several States, pursuant to the fifth articles of the aforesaid Constitutions.
Be it enacted by the General Assembly, and by the authority thereof it is hereby enacted, That the following articles, proposed by the Congress of the United States of America, at their session in March, A. D. 1789, to the Legislatures of the several States, for ratification, as Amendments to the Constitution of the United States, pursuant to the fifth
Page 313 | Page image
article of the said Constitution, be, and the same are hereby, fully assented to, and ratified on the part of this State, to wit:
After the first enumeration required by the first article of the Constitution, 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 not be less than one hundred Representatives, 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 by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.
Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or to the right of the People peaceably to assemble, and to petition the Government for a redress of grievances.
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.
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.
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.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury; except in cases arising in the land and naval forces, or in the militia, when in actual service in time of war or public danger. Nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a 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.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and District wherein the crime shall have been committed, which District shall have been previously ascertained by law; and 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.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved: And no fact tried by a jury shall otherwise be re-examined in any court of the United States than according to the rules of the common law.
Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted.
The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the People.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the People.
It is ordered, That his Excellency the Governor be, and he is hereby, requested to transmit to the President of the said United States, under the seal of this State, a copy of this act, to be communicated to the Senate and House of Representatives of the Congress of the said United States.
A true copy, duly examined.
Witness, HENRY WARD, Secretary."
--
BY THE STATE OF NEW JERSEY.
United States, August 6, 1790.
Gentlemen of the Senate and House of Representatives:
I have directed my Secretary to lay before you a copy of an exemplified copy of a law to ratify, on the part of the State of New Jersey, certain amendments to the Constitution of the United States; together with the copy of a letter which accompanied the said ratification, from the Honorable Elisha Lawrence, Esquire, Vice President of the State of New Jersey, to the President of the United States.
G. WASHINGTON.
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"Burlington, August 4, 1790.
Sir: I have the honor to transmit an exemplified copy of a law of the State of New Jersey, ratifying certain amendments to the Constitution of the United States.
I have the honor to be, your most obedient, humble servant,
ELISHA LAWRENCE.
The Presidents of the United States."
A true copy. TOBIAS LEAR, Secretary to the President of the United States.
"State of New Jersey.
The Honorable Elisha Lawrence, Esquire, Vice President, Captain General and Commander in Chief in and over the State of New Jersey, and territories thereunto belonging, Chancellor and Ordinary in the same:
To all to whom these Presents shall come, Greeting:
These are to certify, that Bowes Reed, Esquire, whose name is subscribed to the annexed certificate, certifying the annexed law to be a true copy taken from the original enrolled in his office, is, and was at the time of signing thereof, Secretary of the State of New Jersey; and that full faith and credit is, and ought to be due to his attestation as such.
In testimony whereof, I have hereunto subscribed my name, and caused the great seal of the State of New Jersey to be hereunto affixed, at the City of Burlington, the third day of August, in the year of our Lord one thousand seven hundred and ninety, and of our Independence the fifteenth.
ELISHA LAWRENCE.
By His Honor's command.
Bowes Reed, Secretary.
State Of New Jersey.
AN ACT to ratify, on the part of this State, certain Amendments to the Constitution of the United States.
Whereas the Congress of the United States, began and held at the City of New York, on Wednesdays, the fourth day of March, one thousand seven hundred and eighty-nine, resolved, two-thirds of both Houses concurring, that sundry 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:
And whereas the President of the United States did, in pursuance of a resolve of the Senate and House of Representatives of the United States of America in Congress assembled, transmit to the Governor of this State the Amendments proposed by Congress, which were by him laid before the Legislature for their consideration: Wherefore,
1. Be it enacted by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the following Articles, proposed by Congress, in addition to, and amendment of, the Constitution of the United States, to wit:
[Here follow, verbatim, the first, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth Articles of the said Amendments proposed by Congress to the Legislatures of the several States.]
Be, and the same are hereby, ratified and adopted by the State of New Jersey.
House of Assembly, November 19th, 1789.
This bill having been three times read in this House,
Resolved, That the same do pass.
By order of the House: JOHN BEATTY, Speaker.
Council Chamber, November 20, 1789.
This bill having been three times read in Council,
Resolved, That the same do pass.
By order of the House: WILLIAM LIVINGSTON, President.
City Of Burlington, State Of New Jersey, August 3, 1790.
These are to certify that the annexed law is a true copy, taken from the original, enrolled in my office.
BOWES REED, Secretary."
I do certify the foregoing to be a true copy of an exemplified copy of a law transmitted. to the President of the United States, by the Honorable Elisha Lawrence.
TOBIAS LEAR,
Secretary to the President of the United State.
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