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That government ouglıt to be instituted for the common benefit, protection, and se of the people; and that the doctrine of non-resistance against arbitrary power and op n is absurd, slavish, and destructive to the good and happiness of mankind. . That no man or set of men, are entitled to exclusive or separate public emoluments, ileges from the community, but in consideration of public services; which not being clible, neither ought the offices of magistrate, legislator, or judge, or any other pub. e, to be hereditary. .. That the legislative, executive and judiciary powers of government should be separate tinct; and that the members of the two first may be restrained from oppression, by and participating the public burthens, they should, at fixer periods, be reduced to a
station, return into the mass of the people, and the vacancies be supplied by certain Fular elections; in which all or any part of the former members to be eligible or ineligi. the rules of the constitution of government, and the laws shall direct. That elections of representatives in the legislature ought to be free and requent, and
having sufficient evidence of permanent common interest with, and attachment to nmunity, ought to have the right of suffrage ; and no aid, charge, tax or fee, can be set, r levied upon the people without their own consent, or that of their representatives, ted, nor can they be bound by any law, to which they have not in like manner assented public good. That all power of suspending laws, or the execution of laws, by any authority with. e consent of the representatives of the people in the legislature, is injurious to their and ought not to be exercised.
That in all capital and criminal prosecutions, a man hath a right to demand the cause ture of his accusation, to be confronted with the accusers and witnesses, to call for se, and be allowed counsel in his favor, and to a fair and speedy trial by an impartial
his vicinage, without whose unanimous consent he cannot be found guilty, (except, government of the land and naval forces) nor can he be compelled to give evidence himself. That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, res or franchises, or outlawed or exiled, or in any manner destroyed or deprived of his erty or property, but by the law of the land. . That every freeman restrained of his liberty, is entitled to a remedy to enquire into
fulness thereof, and to remove the same, if unlawful, and that such remedy ought not lenied nor delayed. . That in controversies respecting property, and in suits between man and man, the I trial by jury is one of the greatest securities of the righs of the people, and ought ain sacred and inviolable. . That every freeman ought to find a certain remedy by recourse to the laws for all s and wrong's he may receive in person, property or character. He ought to obtain nd justice freely and without sale, completely and without denial, promptly and with. lay, and that all establishments, or regulations contravening these rights, are oppressive
That excessive bail ought not to be required, nor excessive fines imposed, nor cruel lusual punishments inflicted. . That every freemen has a right to be secure from all unreasonable searches and s of his person, his papers, and property; all warrants therefore to search suspected or seize any freeman, his papers or property, without information upon oath (or affirmfa person religiously scrupulous of taking an oath) of legal and sufficient cause, are us and oppressive, and all general warrants to search suspected places, or to apprehend spected person without specially naming or describing the place or person, are danjand ought not to be granted. 1. That the people have a right peaceably to assemble together to consult for the comood, or to instruct their representatives; and that every freeman has a right to petition ly to the legislature for redress of grievances. 1. That the people bave a right to freedom of speech, and of writing and publishing sentiments; that the freedom of the press is one of the greatest bulwarks of liberty, and not to be violated. 1. That the people have a right to keep and bear arms; that a well regulated militia, pued of the body of the people, trained to arms, is the proper, natural, and safe defence ee state. That standing armies in time of peace are dangerous to liberty, and thereught to be avoided, as far as the circumstances and protection of the community will adand that in all cases the military should be under strict subordination to, and governed
civil power. h. That no soldier in time of peace ought to be quartered in any house without the con. if the owner, and in time of war in such manner as the law directs. b. That any person religiously scrupulous of bearing arms ought to be exempted upon ent of an equivalent to employ another to bear arms in his stead. h. That religion, or the duty which we owe to our Creator, and the manner of discharg. , can be directed only by reason and conviction, not by force or violence, and therefore en bave an equal, natural and unalienable right, to the free exercise of religion, accord.
ing 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.
AMENDMENTS TO THE CONSTITUTION. I. That each state in the union shall, respectively, retain every power, jurisdiction and right, which is not by this constitution delegated to the Congress of the United States, or to the departments of the federal government.
II. That there shall be one representative for every 30,000, according to the enumeration or census, mentioned in the constitution, until the whole number of representatives amounts to 200, after which, that number shall be continued or increased, as Congress shall direct, upon the principles fixed in the constitution, by apportioning the representatives of each state to some greater number of people, from time to time, as population increases.
III. When Congress shall lay direct taxes or excises, they shall immediately inform the executive power of each state, of the quota of such state, according to the census herein drected, which is proposed to be thereby raised: And if the legislature of any state shall pass a law, which shall be effectual for raising such quota at the time required by Congress, the taxes and excises laid by Congress shall not be collected in such state.
IV. That the members of the Senate and House of Representatives shall be ineligible to, ard incapable of holding any civil office under the authority of the United States, during the time for which they shall respectively be elected.
V. That the journals of the proceedings of the Senate and House of Representatives shall be published at least once in every year, except such parts thereof relating to treaties, allances, or military operations, as in their judgment require secresy.
VI. That a regular statement and account of the receipts and expenditures of the pubic money shall be published at least once in every year.
VII. That no commercial treaty shall be ratified without the concurrence of two-thirds of the whole number of the members of the Senate: And no treaty, ceding, contracting, or restraining or suspending the territorial rights or claims of the United States, or any of ther, or their, or any of their rights or claims to fishing in the American seas, or navigating the American rivers, shall be made, but in cases of the most urgent and extreme necessity; nor shall any such treaty be ratified without the concurrence of three-fourths of the whole nomber of the members of both houses, respectively.
VIII. That no navigation law, or law regulating commerce, shall be passed without the consent of two-thirds of the members present in both houses.
IX. That no standing army or regular troops shall be raised, or kept up in time of peace, without the consent of iwo-thirds of the members present in both houses.
X. That no soldier shall be inlisted for any longer terin than four years, except in time of war, and then for no longer term than the continuance of the war.
XI. That each state, respectively, shall have the power to provide for organizing, arming and disciplining its own militia, whensoever Congress shall omit or neglect to provide for the same. That the militia shall not be subject to martial law, except when in actual service in time of war, invasion or rebellion: And when not in the actual service of the United States, shall be subject only to such fines, penalties and punishments, as shall be directed or inflicted by the laws of its own state.
Xil. That Congress shall not declare any state to be in rebellion without the consent of at least two-thirds of all the members present of both houses.
XIII. That the exclusive power of legislation given to Congress over the federal town DC its adjacent district, and other places, purchased or to be purchased by Congress, of any ot the states, shall extend only to such regulations as respect the police and good goverruncat thereof.
XIV. That no person shall be capable of being president of the United States for more than 8 years in any term of 16 years.
XV. That the judicial power of the United States shall be vested in one supreme court, and in such courts of admiralty, as Congress may, from time to time, ordain and establish in any of the different states. The judicial power shall extend to all cases in law and equity, arising under treaties made, or which shall be made under the authority of the Laited States, to all cases affecting ambassadors, other foreign ministers and consuls; to all cases of admiral ty and maritime jurisdiction; to controversies to which the United States shall be a party ; to controversies between two or more states, and between parties claiming lands under the grants of different states. In all cases affecting ambassadors, other foreign ministers sand consuls, and those in which a state shall be a party; the supreme court shall have original jurisdiction in all other cases before mentioned; the supreme court shall have appellate juris diction as to matters of law only, except in cases of equity, and of admiralty and inaritime ja risdiction, in which the supreme court shall have appellate jurisdiction, both as to law 12 fact, with such exceptions, and under such regulations as the Congress shall make. But the judicial power of the United States shall extend to no case where the cause of action shes have originated before the ratification of this constitution, except in disputes between stats about their territory ; disputes between persons claiming lands under the grants of different states, and suits for debts due to the United States.
XVI. That in criminal prosecutions, no man shall be restrained in the exercise of the usual and accustomed right of challenging or excepting to the jury,
XVII. 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 legisAuture of any state shall neglect, refuse or be disabled, by invasion or rebellion, to prescribe the same.
XVIII. That those clauses which declare that Congress shall not exercise certain powers, be not interpreted in any manner whatsoever to extend the powers of Congress; but that they be construed either as making exceptions to the specified powers where this shall be the case, or otherwise, as inserted merely for greater caution.
XIX. That the laws ascertaining the compensation of senators and representatives for their services, be postponed in their operation, until after the election of representatives immediately succeeding the passing thereof, that excepted, which shall first be passed on the subject.
XX. That some tribunal, other than the Senate, be provided for trying impeachments of senators.
XXI. That the salary of a judge shall not be increased or diminished during his continuance in office, otherwise than by general regulations of salary which may take place, on a revision of the subject, at stated periods of not less than seven years, to commence from the time such salaries shall be first ascertained by Congress.
XXII. That Congress erect no company of merchants with exclusive advantages of commerce.
XXIII. That no treaties which shall be directly opposed to the existing laws of the United States in Congress assembled, shall be valid until such laws shall be repealed, or made con. formable to such treaty; nor shall any treaty be valid which is contradictory to the constitution of the United States.
XXIV. That the latter part of the fifth paragraph of the ninth section of the first article be altered to read thus: “Nor shall vessels bound to a particular state be obliged to enter i pay duties in any other; nor when bound from any one of the states be obliged to clear in another."
XXV. 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 and discharging the public securities of any one of the states : But each and every state shall have the exclusive right of making such laws and regulations for the above purpose, as they shall think proper.
XXVI. That Congress shall not introduce foreign troops into the United States, without the consent of two thirds of the members present of both houses. By order, J. HUNT, Secretary.
SAM. JOHNSTON, President, TRANSLATION FROM THE DUTCH.
(Stamp.) DEDEL. On the 13th day of Mareh, in the year 1788, appeared before me, Pieter Galenus Van Hole, notary of Amsterdam, admitted by the honorable court of Holland;
His excellency the honorable John Adams, esq. in quality as especially empowered and authorized by the United States of America in Congress assembled, for and in behalf of said states of America, to raise a loan with any person or persons, states or companies, with subjoined assurance in good faith, to ratify and fulfil all that shall be done in this respect, by him, honorable appearer, according to authentic copy and translation of the original commission or power exhibited to me, notary, and deposited in my custody, in behalf of the joint money lenders; the honorable appearer being to return ere long for America, but being now in this city. And the honorable appearer acknowledged himself in his aforesaid quality, and thus in the name and in behalf of the above mentioned states of America, to be duly and lawfully indebted to and in behalf of sundry persons or money lenders, in all, a sum of 1,000,000 of guilders, Dutch current money, arising from and on account of so much ready money received by him the honorable appearer, in his aforesaid quality, to his perfect satisfaction, from the said money lenders, pursuant to the receipt hereafter mentioned to be signed by the honorable appearer, under the authentic copies hereof; expressly and formally disavowing the excuse of untold monies. And the honorable appearer promised in his aforesaid quality, to re-pay and reimburse in this city, the said sum of 1,000,000 of guilders, free from all costs, charges and damages to the above mentioned money lenders, or their assigns, at the expiration of 15 years, after the first day of June, 1788, and that in the following manner, to wit :
That the above mentioned principal shall remain fised during the space of 10 years, and that with the 11th year, and thus on the 1st day of June, 1799, a fifth part, or 200,000 guilders of the said principal of 1,000,000 shall be redeemed, and in the same manner from year to year, until the 1st day of June, 1803, inclusive; so that the whole principal shall be redeemed and discharged within the above inentioned space of 15 years.
And that mean while for said principal, at first for the whole, and afterwards for the residue, at the expiration of every year, interest shall be paid at the rate of five per cent. in the year, commencing the first day of June, 1788, and to continue until the final accomplishment, and that on coupons, to be signed by, or on the part of said honorable appearer, in his aforesaid quality.
That the above mentioned redeeming shall be performed by drawing, in the presence of a notary and witnesses in this city, after the expiration of the first mentioned ten years, in such a manner that the numbers of the bonds or obligations drawn, shall betimes be made known in the public papers.
That the payment of the interests, as also the redeeming of the respective periods, sal be made at the compting-houses of the hereafter mentioned gentlemen directors, or at such other places within this city as shall likewise be advertised in the public papers.
That the directors of this negotiation shall be Messrs. Wilhelm and Jan Willink, and Sicolaas and Jacob Van Staphorst, of this city, merchants, who are by these presents theretowed and appointed by the honorable appearer, in his aforesaid quality
The honorable appearer promising and engaging in the names of his constituents, that the amount of the interests and of the redeemings to be made, from time to time, of the said principal, shall be in due time remitted to the aforesaid gentlemen directors, their beissa successors, in good bills of exchange, American products, or in ready money, without any abatement or reduction whatsoever.
That thi, bund or obligation shall never be subject to any imposts or taxes already lil, or in time to come to be laid, in the said United States of America, or any of them, even in case (which God forbid) any war, hostilities or divisions, should arise between aforesaid Unit ed States, or any of them on the one side, and the states of these lands on the other, and, that the payment of the principal or interests of this bond or obligation, accordingly, can, is to wise, nor under any pretext whatsoever, be hindered or delayed.
The honorable appearer, in his aforesaid quality, promising and engaging, moreover, for, and in the names of the said United States, that there shall never be madle, or entered into by them, or on their parts, or any of them in particular, any convention or treaty, pubbc a private, at the making of peace, or otherwise, by which the validity and accomplishment of these presents might be prejudiced, or, whereby any thing contrary thereto might be stipulated, but that without any exception the contents hereof shall be kept and maintained in fal force.
The honorable appearer, in his aforesaid quality, likewise promises, engages and binds himself by these pre sents, that this engagement shall be ratified and approved as soon as possible by said United States in Congress assembled, and that authentic copy translation of said ratification, with the original, shall be deposited in custody of me the said notary, to be there kept with said authentic copy translation of the commission or power of him, honorablc appearer, and the engrossed hereof for the security of the money lenders, until the above mentioned principal and interests as aforesaid shall be redeemed and paid off.
And there shall be made of this act, (as the honorable appearer in his aforesaid quality consents) above and besides the above mentioned engrossed, 1000 authentic copies, which shall be of the same force and value, and have the same effect as the engrossed one, under every one of which copies shall be placed a receipt of 1000 guilders, Dutch current money, either on name or in blank, at the choice of the money lenders, to be signed by him, honorable appearer, and which receipts shall be respectively numbered from No. 1, to 1000, inclusive, and countersigned by the above mentioned gentlemen directors, and duly recorded by me the said notary, as a testimony that no more than 1000 bonds or obligations are numbered by vir tue of this act : All wlich authentic copies with the receipts there under placed, shall, at the redeeming of the principal, be restored by the bearers.
On failure of prompt payment, as well of the principal as of the interests at the appointed periods, the principal or residue thereof may be demanded by the gentlemen directors, in behalf of the money lenders, who shall be then interested therein, and the aforesaid const tuents and communitients of him, honorable appearer, shall in that case be held and bound to redeem and discharge immediately in one sum, the remaining principal, with the interests and charges.
For the accomplishment and performance of all the above written, the honorable appearer binds in his aforesaid quality, and thus in the names and on the part of the above mentioned United States of America, the said United States of America, jointly, and each of them in particular, together with all their lands, chattels, revenues and products, and also the imposta and taxes already laid and raised in the same, or in time to come to be laid and raised and thus of all the United States of America, jointly, and each of them in particular, and for the whole.
He, the honorable appearer, renouncing in the names as abore, for that purpose expressly, Beneficium Divisionis, as likewise de doubois vel pluribus Reis debendi, signifiying a retribution of debts, and that when two or more are indebted, each of them can satisfy with the payment of his portion: the honorable appearer promising in bis aforesaid quality, never to have recourse to the said or to any other evasions whatsoever.
This being passed (after translation into English was made hereof, and which likewise is signed by the honorable appearer, and deposited in the custody of me the said notary) with in Amsterdam aforesaid, in the presence of Apolonius Van Ryck de Groot and Jacob de Wolft, witnesses. (Signed)
P. G. VAN HOLE, Notary. L. S.) Faithfully translated from the Dutch, Amsterdam, the 13th day of March, 1788.
JOANNES VERGEEL LUC SON, Swoon Translator
MOND. Y, November 3, 1788.
THURSDAY, January 1, 1789.
Mr. Barnwell, from South-Carolina.
END OF THE FOURTH VOLUME