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p#wcr a tieaiury cocftantly full —if all the
wants of /ovviumeat were supplied by ihe
opeiationof a perpetual air, why tbould the
House of Representatives exert their power
of originating money bills ? It would be
mere waotonnefs. If this power was of any
coafequeiicei it ihould have proper objefts for
repeated exertions, and Ihould be frequent
ly felt. If it was not, it would f; on loi'e its
excellent effect in the adminirtration of go
vernment, and the pavilion itfelf would be
come a nullity.
The Senators, it has been said, were a
wilt and virtuous body : hfc* agreed to this,
and hoped they would ever remain so ; in his
legislative capacity he had and would aft upon
.this idea. Still it was true that they were
men> and were fubjeft to frailties, infirmities
and deceptions, a3 the rest of their tcllow
mortals. Betides, they were constituted in
some meafurs for purposes to w> ch the other
bradch was not competent, and that branch'
was constituted for purposes to which the Se
nate was entirely unequal. It was a prevail
’ ing principle, and it was a just one, that tax
ation and representation should go together.
The people ihould be taxed by those whom
they had chosen for that purpofe* This was
the lentiment of our citizens; it had been
written in the hearts of our Euglifli auteftors
by their heft blood, and it had defeended in
all its vigour to their pollcrity, with the spi
rit of liberty, and the principles of republic
auifra. What, he * alked, was the House
about to do ? A great branch of revenue,
indeed the only branch to which an applica
tion was now proper, was going to be put
out of that hand which alone ought to possess
it.
Whatever opinion he had of the wisdom
and virtue of the betiators, he was convinced
that they were not competent to those pecu
liar objects for which the principles of a just
representation became of the utmost import
tance —They were an unequal representation
of the people—in that Body the states had
equal numbers, while in this House the ie.
piefentation was in proportion to the interests
tu be provided for. Delaware tent one, Geor
gia three, and Virginia ten. Was it pollible
in the nature of things, he alked, that two
Senators could be as well acquainted with the
inteicftsand feelings of Virginia as ten men
taken from all parts of the state ? Were
they cQmpc cnr to make a revenue law for
that great commonwealth ? Certainly not;
it was evident theiefoi e that the people would
not be fatisficd with tho proceedings of the
Senate under an authority which they never *
• delegated to them. They would be alarmed
if their Representatives relinquilhed any part
of that power wh ch.was neceft’aiy to be re
tained for their lately.
It had been remarked, he said, that the Se
nate was not a House of Lords, that they did
no: poifefs any properties which materially
dininguiUied them from the Reprefentatives*
But though the diftinftion, he said, was notfo
finking, yet it was as real. Neither the
Iloufe of Lords nor the Senate were created
by ilie people; the-one was created by the
King, the other by the State Legillatures \
iheir nnaibei was exceedingly small, and their
duration confidera- ly permanent. These cir
cumstances alforded one of thevtnoft power
ful objeftions to the new Constitution ; and
the people would never have ratified it, had
vbev mppofed tlu.-t the powers of this Body,
in u>e delicate and interefling fubjeft of tax--
stion, would be limited in proportion to the
final in eh. of their number, and the extent of
tne:r ppomuneht.
; ft inppofed that on the fame principle that
ti.i* law was made peipctual all others must
he so. ;f sn excise was laid, it must be per
peiuJ. If even direct taxes were found ne*
ctriViy, the peoplemuft evei be oppreiled by
them. What then would become of the right
of taxing themselves, the boasted privilege of
the people? He was willing, he said, to
paf* a tevenue law to operate till the debts
•were paid. This was all the public creditors
could expeft, and all the Iluufc could with
fvery do. It is not supposable that the Se
nate would be as willing to repeal the law,
when it became proper as the Reprcfcnea
twthj they might be.wifer uten, but they
eo’.'H not he so well informed. Not knowing
the withes of the people, they would think iiu
• net at ion vtas fatubftory. Befidca, there
\ 4‘ (omethiug in the nature ui mau which
kfor them cafity to past will*
power. He could cite many striking instances
of this spirit. He would give a remarkable
one in the state which he reprefedted. After
the fuppfefliou of a rebellion occasioned by
Britilb opprcftioH, the courtiers took.advan- .
tage of that situation, and the changed zeal
of the House of Burgeft'es, to procure the
palling of an art adding certain extraordinary
powers to the Cuuucil ; though this Council
was esteemed a virtuous and patriotic set of
men, and though the Surgeries very early at
tempted a repeal of that aft, yet they never
could get the cohcurreine of the* Council;
bof perfuadc them to part with the
power which, in au incautious moment, had
been transferred to them.
[The remainder of this interesting Debate,
(owing to the following amendments to the
FederalConftirtttiun having juit come to hand}
is unavoidably postponed tiU our next.]
—SSSSBSS-
Thefollowing is a copy of the Amendments' to
the New Conjiitution, propoied by toe Host,
Mr. Madifuu, in the H u/s of Repnjcnia
ttvesy Monaay the %lb if 'June,
R. ESOL VE'Di That the folio wing* amend
ments ought to be prop >led byCongrefs
to cue Legislatures of the states, to become}
if ratified-by three fourths thereof, part of
the Constitution of the United States.
ift. That there be prefixed to the Confti
tutioa a declaration ; that all power is origi
nally veiled in, and confcquentiy derived from
the people.
That government is instituted, and ought
to be exercised for the benefit of the people;
which conlifts in che enjoyment of life and
liberty, with-the right of acquiring and using
property, and generally of pursuing and ob
taining happiuefs and fafety.
That the people have an indubitable, u«*
alienable, and iitvlefeafible right to reform or
change their government, whenever it he
found advetfe or inadequate to the purposes of
its iuftituiion.
2d. That in article i, feftion 2, clause 3,
thele words be ft ruck out, to wits “ The
number cf representatives fttall not exceed
one from every, thirty thotifand, but each state
lhall have one representative, and until inch
enumeration (hall be made.” And that in
place thereof he inserted these words, to wit:
44 after the firft elfeftual enumeration, there
fliall be one representative for every thirty
thouland umil the number lhall amount to
after which the proportion lhall be so
regulated by Cong refs, that the number lhall
neVer be lela than nor more than
but each state lhall, after the firft enumera
tion, have at least two representatives; and
ptior thereto.”
3d. That in article ift, feftion 6, clause
1, there be added to the end of the firft fen
tenee, thele words, to wit:— 44 But no law
varying, the compensation last afeertained lhall
operate before the next ensuing eleftion of
representatives.”
4th. That in article ift, feftion 9, between
clauses' 3 and 4, be inferred these clauses to
wit. The civil right# of none lhall be abridg
ed on account of leligious belief or worlhip,
nor lhall any national religion be eftabiilhed,
nor lhall the full and equal rights of consci
ence be in any manner, or on any pretext*
infringed.
The people lhall not be deprived or abridg
of their right to speak, to write, or to pub- 1
lilh their sentiments; and the freedom of the
press, as one of the great bulwarks .of liber
ty, lhall be inviolable.
The people lhall not be restrained from*
peaceably aftembling and consulting for their
common good ; nor from applying to the le
gifiattire by petitions, or rem -.lftranccs for
redress of their grievances.
The right of the people to keep and hear
arms lhall not be infringed ; a well armed,
and well regulated militia being the heft se
curity of a free country : but no perfon-reli
gioully scrupulous of bearing arms, lhall be
compelled to render military service in per
son.
No soldier lhall in time of peace 1 be quar
tered in any house, without consent of the
owner; nor at any time, hut in maimer war
ranted bylaw.
No person lhall be fubjeft, except in cafei *
of impeachment, to more than one puuiih
meat, or one trial for the fame otTcnce ; m/r
m be couipiUoil-m be witntfr a*au*it
himfclf; nor be deprived of life, liberty, or
property without due process of law; uor be
oblige! to relinquilh his property, where it
may be nereflary for public use, without a
just compeufation.
Excessive bail* shall not be required, cot
exccffiVe fines imposed, nor cruel sad unusual
punifliments inflicted.
The rights of the people to be secured in
their perfous, their houl'es, their papers, and
their other property from all unreasonable
searches and feizutes, fljali not be violated by
warrants iflued without probable cause, sup
ported by oath or affirmation, or not particu
larly describing the places to be searched, oc
the persons or things to be feued.
In all criminal prosecutions, the accused fhail
enjoy the right to a speedy and public trial, to he
informed of the caufc'and natute of the ac
cusation, to be confronted with his accusers,
and the witnefles against him ; to have a com'**
pulfory process for obtaining witneffies in
for his defence.
The exceptions here or elsewhere in the
Constitution, made in favor of particular
rights, ffiall not be so conftru&ed as to dimi
nifnthe just importances! other rights retain-*
ed by the people ; or as to enlarge the powers
delegated by the Constitution ; but either a$
actual limitations' of such powers, or as in
serted merely for greater caution.
sthly. That in article ift, feftion 10, be-'
tween clauses and* z, be inserted this
to wit:
No tice (hall violate the equal rights of
conscience, or the freedom of the press, qc
the trial by jury in criminal cases. .
6thiy. That article 3d*jfeCtion 2, be an
nexed to-the end of claum ad, words,
to wit: But 41 (J appeal to such court rtiall be
allowed where the value in coutroverfy ihall
not amount to dollars ; nor (hall any
f ;Ct triable by jury, according to the course
of common law, be otherwise re-examinable
than may confiil with die principles of com*
mon law.
7tblyr That in article 3d, feftion 2, the
third clause be struck out, and in its place be
iuferted the clauses following, to wit:
The trial of all crimes (except in cases of
impeachments, and cases arising in the laud
or naval forces; or the militia when on aCluai
service in time of war, or public danger)
ffiall be by an impartial jury of freeholders of
the vicinage with the requilitc of unanimity"
for conviction, of the right of challenge, and
other accultomed requisites *, and in all crimes"
puniftiable with loss of life or member, pre
sentment or indictment by a grand jury, (hall
be an eflential preliminary, provided that in
cases of crimes committed within any coun
ty which may be in pofleffion of an enemy,
or in which a general iufurreftion may pre
vail, the trial may by law be authorifed in '
some other county of the fame state, as near
as may be to the feat of the offence.
In cases of crimes committed not within
any county, the trial may be in such county
as the laws ilia 11 have preferred. In suits at
common law between man and man, the trial
by jury as one of the best securities to the
rights of the people, ought to remain invio
late.
Sthly. That immediately after article 6th, '
be inserted as article 7th, the claufc6 follow
ing, to wit:
r be powers delegated by this Constitution,
and appropriated to the departments to which
they are fefpeCtiveiy diftrihuted ; so that the
legislative department ftiati never exercise the
powers veiled in the executive or judicial;
nor the executive exercise the powers vetted
m the legislative or judicial; nor the judicial
exercise the powers vetted in the legislative ot
executive departments..
The powets not delegated by this Conili
lution, nor prohibited by it to the Hates, arc
relerved to the Hates refpedivcly. '
pthly. That article jrtil bp numbered as ar
ticle Sih.
NEW- T O R. K, ynt :<)■
His Excellency the president of the Unit* 1
State* Ins been much indisposed tor several
days past, which hashesuleJ great anxiety in
tie breast of svtty true friend to America f
on Wedeefdey lot wae vitited by tevvrel phy *
(U % 4 f *** *.!.« 1
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