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  • JFK's Address on Steel Price Hikes and Q&A on Foreign Affairs

    April 11, 1962 Good afternoon. I have several announcements to make. Simultaneous and identical actions of United States Steel and other leading steel corporations, increasing steel prices by some 6 dollars a ton, constitute a wholly unjustifiable and irresponsible defiance of the public interest. In this serious hour in our nation's history, when we are confronted with grave crises in Berlin and Southeast Asia, when we are devoting our energies to economic recovery and stability, when we are asking Reservists to leave their homes and families for months on end, and servicemen to risk their lives -- and four were killed in the last two days in Viet Nam -- and asking union members to hold down their wage requests, at a time when restraint and sacrifice are being asked of every citizen, the American people will find it hard, as I do, to accept a situation in which a tiny handful of steel executives whose pursuit of private power and profit exceeds their sense of public responsibility can show such utter contempt for the interests of 185 million Americans. If this rise in the cost of steel is imitated by the rest of the industry, instead of rescinded, it would increase the cost of homes, autos, appliances, and most other items for every American family. It would increase the cost of machinery and tools to every American businessman and farmer. It would seriously handicap our efforts to prevent an inflationary spiral from eating up the pensions of our older citizens, and our new gains in purchasing power. It would add, Secretary McNamara informed me this morning, an estimated one billion dollars to the cost of our defenses, at a time when every dollar is needed for national security and other purposes. It would make it more difficult for American goods to compete in foreign markets, more difficult to withstand competition from foreign imports, and thus more difficult to improve our balance of payments position, and stem the flow of gold. And it is necessary to stem it for our national security, if we are going to pay for our security commitments abroad. And it would surely handicap our efforts to induce other industries and unions to adopt responsible price and wage policies. The facts of the matter are that there is no justification for an increase in the steel prices. The recent settlement between the industry and the union, which does not even take place until July 1st, was widely acknowledged to be non-inflationary, and the whole purpose and effect of this Administration's role, which both parties understood, was to achieve an agreement which would make unnecessary any increase in prices. Steel output per man is rising so fast that labor costs per ton of steel can actually be expected to decline in the next twelve months. And in fact, the Acting Commissioner of the Bureau of Labor Statistics informed me this morning that, and I quote: "Employment costs per unit of steel output in 1961 were essentially the same as they were in 1958. " The cost of major raw materials, steel scrap and coal, has also been declining, and for an industry which has been generally operating at less than two-thirds of capacity, its profit rate has been normal and can be expected to rise sharply this year in view of the reduction in idle capacity. Their lot has been easier than that of a hundred thousand steel workers thrown out of work in the last three years. The industry's cash dividends have exceeded 600 million dollars in each of the last five years, and earnings in the first quarter of this year were estimated in the February 28th Wall Street Journal to be among the highest in history. In short, at a time when they could be exploring how more efficiency and better prices could be obtained, reducing prices in this industry in recognition of lower costs, their unusually good labor contract, their foreign competition and their increase in production and profits which are coming this year, a few gigantic corporations have decided to increase prices in ruthless disregard of their public responsibilities. The Steel Workers Union can be proud that it abided by its responsibilities in this agreement, and this government also has responsibilities, which we intend to meet. The Department of Justice and the Federal Trade Commission are examining the significance of this action in a free, competitive economy. The Department of Defense and other agencies are reviewing its impact on their policies of procurement, and I am informed that steps are underway by those Members of the Congress who plan appropriate inquiries into how these price decisions are so quickly made, and reached, and what legislative safeguards may be needed to protect the public interest. Price and wage decisions in this country, except for very limited restrictions in the case of monopolies and national emergency strikes, are and ought to be freely and privately made, but the American people have a right to expect in return for that freedom, a higher sense of business responsibility for the welfare of their country than has been shown in the last two days. Some time ago I asked each American to consider what he would do for his country and I asked the steel companies. In the last 24 hours we had their answer. QUESTION: Mr. President, -- THE PRESIDENT: Just one -- I have one other statement here. Mr. Hatcher is going to release a statement in regard to the release of the Guards. Let me say in summary that Secretary McNamara and I have carefully reviewed our progress in achieving permanent increases in our military strength. We have concluded that the rate of progress of this effort is such that if there is no serious deterioration in the international situation between now and August, we shall be able in that month to release all those who were called involuntarily. Our continuing strength after this release will be much increased over what it was a year ago. Just as an example, the number of our combat-ready Army Divisions in active service after the release will be 16, as against 11 a year ago. The release is not the result of any marked change in the international situation, which continues to have many dangers and tensions. It is the result, rather, of our successful buildup of permanent instead of emergency strength. The units we release will remain available, in a new and heightened state of combat readiness, if a new crisis should arise, requiring their further service. I know that I speak for all of our countrymen in expressing our appreciation to all those who served, under the adverse conditions of living in camps and being taken away from their families. And their service, and the willingness of the great, great majority of all of them to do this uncomplainingly, I think, should be an inspiration to every American. And lastly, last Saturday I issued an Executive Order creating a Board of Inquiry to inquire into the issues involved in the current labor dispute in the West Coast maritime industry. The Board of Inquiry filed its written report with me today. In its unanimous report, the Board stated, quote: "The current strike, if continued, will affect approximately 130 cargo and passenger ships, including those which constitute the principal mode of transportation of passengers and vital cargo to and from the State of Hawaii." Other reports I have received clearly manifest that a continuation of this strike imperils the national health and safety. I have therefore instructed the Attorney General to seek an injunction against this strike, under the national emergency provisions of the Labor-Management Relation Act of 1947. While an injunction will restore the West Coast maritime industry to full operation, and return the striking members to work for 80 days, it should not, and I hope will not, interfere in any way with efforts towards full settlement. I call upon the parties to make that effort, to achieve that settlement quickly. However, the public interest does not permit further delay in applying for an injunction. Consequently, I have made the decision to direct the Attorney General to apply for an appropriate order. QUESTION: Mr. President, the unusually strong language which you used in discussing the steel situation would indicate that you might be considering some pretty strong action. Are you thinking in terms of requesting or reviving the need for wage-price controls? THE PRESIDENT: I think that my statement states what the situation is today. This is a free country. In all the conversations which were held by members of this Administration and myself with the leaders of the steel union and the companies, it was always very obvious that they could proceed with freedom to do what they thought was best within the limitations of law. But I did very clearly emphasize on every occasion that my only interest was that in trying to secure an agreement which would not provide an increase in prices, because I thought that price stability in steel would have the most far-reaching consequences for industrial and economic stability and for our position abroad, and price instability would have the most far-reaching consequences in making our lot much more difficult. When the agreement was signed, and the agreement was a moderate one, and within the range of productivity increases, as I have said -- actually, there will be reduction in cost per unit during the next year. I thought, I was hopeful, we had achieved our goal. Now the actions that will be taken will be -- are being now considered by the Administration. The Department of Justice is, particularly in view of the very speedy action in other companies who have entirely different economic problems facing them than did United States Steel, the speed with which they moved, it seems to me to require an examination of our present laws, and whether they are being obeyed, by the Federal Trade Commission, particularly to the Department of Justice. And I am very interested in the prospective investigations that will be conducted in the House and Senate, and whether we shall need additional legislation, which I would come to very reluctantly. But I must say the last 24 hours indicates that those with great power are not always concerned about the national interest. QUESTION: In your conversation with Mr. Blough yesterday, did you make a direct request that this price increase be either deferred or rescinded? THE PRESIDENT: I was informed about the price increase after the announcement had gone out to the papers. I told Mr. Blough of my very keen disappointment and what I thought would be the most unfortunate effects of it. And of course we were hopeful that other companies who I have said, have a different situation in regard to profits and all of the rest than U.S. Steel. They all have somewhat different economic situations. I was hopeful particularly in view of the statement in the paper by the President of Bethlehem in which he stated -- though now he says he is misquoted -- that there should be no price increase, and we are investigating that statement. I was hopeful that the others would not follow the example, and therefore the pressures of the competitive market place would bring United States Steel back to their original prices. But the parade began. But it came to me after the decision was made. There was no prior consultation or information given to the Administration. QUESTION: Mr. President, now that General Clay is coming home from Berlin, don't you think that service wives have borne the brunt of our gold shortage long enough, and should be permitted to join their soldier husbands in Europe? After all, you could almost say that service couples have had to bear a "cross cost of gold" alone, and in a very lonely way. Spring is here, and everyone knows that the GIs can get into much less trouble and do their jobs better if their wives and kids are with them. THE PRESIDENT: I agree, and we are very sympathetic, and we are trying to make an analysis of how important this saving is to our general problem. As I said, it costs us three billion dollars to maintain our forces and bases overseas. That money must be earned by a surplus of exports over imports. I have asked Secretary McNamara to try to reduce that in the next 12 to 18 months by a billion, one hundred million, in order to try to bring this gold flow into balance, and that means taking a third out of the Defense Department without reducing its strength. So that's why these women are bearing hardships and these families, and that is why I contrast it with such unhappiness to the last 24 hours, because the fact of the matter is if we are not able to compete, if this results in a larger increase of imports from foreign markets, and therefore lowers our dollar advantages, then those wives are going to have to stay home. QUESTION: Mr. President, when the Strategic Air Command had a false alarm for a few moments last fall, were you notified, and if not, do you think you should have been, and have you made arrangements to be, if there are any cases in the future ? THE PRESIDENT: That story, in my opinion, was overstated. There was a breach in the communications between the base at Thule and our Continental Command. As you know, we are on a 15 minute alert. This lasted for a few seconds. General Power alerted those forces which are on a standby basis. There are constant drills. It was not that we were, as I saw in some papers, really those in Europe, a few seconds from war, because the fact of the matter is it would have taken many, many -- several hours before they could have taken off, and begun to fly, and we were always in control. So that I thought General Power took the right action before anything was done which would in any way have threatened the security of the United States. Of course, the communications would have become immediate, but there is always this problem of being on the alert. QUESTION: Mr. President, if I could get back to steel for a minute, you mentioned an investigation into the suddenness of the decision to increase prices. Did you -- is it the position of the Administration that it believed it had the assurance of the steel industry at the time of the recent labor agreement that it would not increase prices? Is that a breach of their -- THE PRESIDENT: We did not ask either side to give us any assurance, because there is a very proper limitation to the power of the government in this free economy. All we did in our meetings was to emphasize how important it was that there be price stability, and we stressed that our whole purpose in attempting to persuade the union to begin to bargain early and to make an agreement which would not affect prices, of course was for the purpose of maintaining price stability. That was the thread that ran through every discussion which I had, or Secretary Goldberg had. We never at any time asked for a commitment in regard to the terms, precise terms of the agreement, from either Mr. McDonald or Mr. Blough representing the steel company, because in our opinion that would be passing over the line of propriety. But I don't think that there was any question that our great interest in attempting to secure the kind of settlement that was finally secured was to maintain price stability, which we regard as very essential at this particular time. That agreement provided for price stability -- up till yesterday. QUESTION: Mr. President, could you interpret for us the significance of General Clay's return? Does it mean that the Administration now believes that the Berlin crisis is negotiable? THE PRESIDENT: No, no. When he came with us, as you know, he was the responsible officer on the Continental Can Company, and he said he would take leave of absence till January. And then in January we asked him to stay further, but he has said for several months now that he really felt that his obligation was to return. He has recommended very highly the responsible Americans who are there. When he comes back tomorrow I am going to ask him, and I am sure he will respond, to continue to act as consultant to me on the matter of Berlin, to make periodic visits and to be available to return there at any time that we should conclude that his presence would be valuable. So that we have -- I noticed that Mayor Brandt said that General Clay might be more helpful to the cause here than he would be even there, and I think that what the Mayor meant was that his experience there and his work in the last seven months would be very valuable to the Administration. So his service continues and the problem in Berlin continues. QUESTION: Mr. President, in your statement on the steel industry, sir, you mentioned a number of instances which would indicate that the cost of living will go up for many people if this price increase were to remain effective. In your opinion, does that give the steel workers the right to try to obtain some kind of a wage increase to catch up? THE PRESIDENT: No, rather interestingly, the last contract was signed on Saturday with Great Lakes, so that the steel union is bound for a year, and of course I am sure would have felt like going much further if the matter had worked out as we had all hoped. But they have made their agreement and I am sure they are going to stick with it, but it does not provide for the sort of action you have suggested. QUESTION: Still on steel, Senator Gore advocated today legislation to regulate steel prices somewhat in the manner that public utility prices are regulated, and his argument seemed to be that the steel industry had sacrificed some of the privileges of the free market because it wasn't really setting its prices on a supply and demand, but what he called "administered prices." Your statement earlier, and your remarks since, indicate a general agreement with that kind of approach. Is that correct? THE PRESIDENT: No, Mr. Morgan. No, I don't think that I have stated that. I would have to look and see what Senator Gore has suggested. I am not familiar with it. What I said was that we should examine what can be done to try to minimize the impact on the public interest of these decisions, although we had, of course, always hoped that those involved would recognize that. I would say that what must disturb Senator Gore and Congressman Celler and others -- Senator Kefauver, will be the suddenness by which every company in the last few hours, one by one as the morning went by, came in with their almost, if not identical, almost identical price increases, which isn't really the way we expect the competitive private enterprise system to always work. QUESTION: Mr. President, would you clarify, please, the United States position in the New Guinea dispute between The Netherlands and Indonesia? Recently there have been reports of displeasure from The Netherlands that proposals put forward by the United States were not fair to The Netherlands. THE PRESIDENT: Well, I agree. I think everybody is displeased, really, with our role, because our role is an attempt -- Ambassador Bunker's role has been, under the direction of U Thant, to try to see if we can bring some adjustment to prevent a military action which would be harmful to the interests of both countries with which we desire to be friendly, so I suppose it is hard to think of any proposal that we could make which would be welcome on both sides. I am hopeful that if we can be useful, we will continue to try to be. If both sides feel that we cannot be, then perhaps others can take on this assignment, or perhaps it can be done bilaterally. But Ambassador Bunker is a diplomat of long experience and great skill, and our only interest is to see if we can have a peaceful solution which we think is in the long-range interests of the Free World -- of our Allies -- with whom we are allied, the Dutch, and the Indonesians, whom we would like to see stay free. So that the role of the mediator is not a happy one, and we are prepared to have everybody mad if it makes some progress. QUESTION: Mr. President, in connection with the steel situation again, is there not action that could be taken by the Executive Branch in connection with direct procurement of steel under the Administration of the Agency for International Aid -- I mean the Agency. For example I think the government buys about a million tons of steel. Now could not the government decide that only steel -- steel should be purchased only at the price, say, of yesterday, rather than today, and also in case --- THE PRESIDENT: That matter was considered, as a matter of fact, in a conversation between the Secretary of Defense and myself last evening, but at that time we were not aware that nearly the entire industry was about to come in, and therefore the amount of choice we have is somewhat limited. QUESTION: Sir, part two on this thing. In the case of identical bids which the government is sometimes confronted with, they decide to choose the smaller business unit rather than the larger. THE PRESIDENT: I am hopeful that there will be those who will not participate in this parade and will meet the principle of the private enterprise competitive system in which everyone tries to sell at the lowest price commensurate with their interests. And I am hopeful that there will be some who will decide that they shouldn't go in the wake of U.S. Steel. But we have to wait and see on that, because they are coming in very fast. QUESTION: Mr. President, two years ago after the settlement, I believe steel prices were not raised. THE PRESIDENT: That's right. QUESTION: Do you think there was an element of political discrimination in the behavior of the industry this year? THE PRESIDENT: I would not -- and if there was, it doesn't really -- if it was, if that was the purpose, that is comparatively unimportant to the damage that -- the country is the one that suffers. If they do it in order to spite me, it really isn't so important. QUESTION: Mr. President, to carry a previous question just one step further, as a result of the emphasis that you placed on holding the price line, did any word or impression come to you from the negotiations that there would be no price increase under the type of agreement that was signed? THE PRESIDENT: I will say that in our conversations we asked for no commitments in regard to the details of the agreement or in regard to any policies of the union or the company. Our central thrust was that price stability was necessary and that the way to do it was to have a responsible agreement, which we got. Now at no time did any one suggest that if such an agreement was gained that it would be still necessary to put up prices. That word did not come until last night. QUESTION: Mr. President, there has been a price increase in Cuba as well. Mr. Castro has increased the price that he has put on human life in the release or the tentative release of the prisoners captured in the abortive invasion attempt last year. Would you comment on this, please? THE PRESIDENT: Well, I think that all of us had hoped that the day when men were put on the block had long ago passed from this Hemisphere. And it has from every country until very recently in Cuba. I think Mr. Castro knows that the United States government can not engage in a negotiation like that, and he knows very well that the families cannot raise these millions of dollars. It's rather interesting -- so what he has done really in effect is sentence them to thirty years in prison -- it is rather interesting that Castro himself, when he engaged in an operation under a dictator whom he had been harshly critical of, that he was let out of prison, after an open trial, in fifteen months. He regards for his own countrymen, not the countrymen who from his point of view may have been wrong, but who fought in the open, and who took their chances, and who are young men -- he regards the appropriate treatment for them, and for thousands of other Cubans, to be this long prison sentence of thirty years which, in my opinion, is why Mr. Castro is increasingly isolated in the company of free men. QUESTION: Mr. President, the steel industry is one of a half dozen which has been expecting tax benefits this summer through revision of the depreciation schedules. Does this price hike affect the Administration's actions in this area? THE PRESIDENT: Well, it affects our budget. Secretary Dillon and I discussed it this morning. Of course, all this matter is being very carefully looked into now. QUESTION: The Presidents of Mexico and of Brazil announced the principle of adherence to non-intervention between the Communist and the capitalist blocs. Does this accord with what President Goulart told you when he was here in Washington? THE PRESIDENT: Yes. I haven't seen the joint statement, but I am sure it does. I think we are bound together through the Organization of American States. It's difficult to comment on a joint statement that I have not read, but I think that President Goulart says the same in Mexico as he does in Washington. QUESTION: Mr. President, General Lemnitzer has just recently conferred our Legion of Merit on a Japanese officer who apparently planned the Pearl Harbor attack. Can you think of any particular reason for this award? THE PRESIDENT: Yes. The reason that was given was that he had been a distinguished officer of the Japanese Air Force, that his relations with the United States had been extremely cooperative. He was acting as a military officer, and I thought that -- I think that these kinds of days of the war are over. I thought that it was appropriate. He's a distinguished flier, and while we all regret Pearl Harbor and everything else, but we are in a new era in our relations with Japan, fortunately. QUESTION: Mr. President? Sir, what are you going to do about American soldiers getting killed in Viet Nam? THE PRESIDENT: Well, I am as -- extremely concerned about American soldiers who are, in a great many areas, in hazard. We are attempting to help Viet Nam maintain its independence and not fall under the domination of the Communists. The government has stated that it needs our assistance in doing it. It is very -- and it presents a very hazardous operation. In the same sense that World War II, World War I, Korea, a good many thousands and hundreds of thousands of Americans died. So that these four sergeants are in that long roll. But we cannot desist in Viet Nam. And I think it is -- the fact that these men operated very far from home, very far indeed from Saigon, and great danger, and there are many others. The fact of their contributions, as well as the Wisconsin and Texas National Guard, it is in that setting that I look at the present actions. Source: https://www.jfklibrary.org/archives/other-resources/john-f-kennedy-press-conferences/news-conference-30

  • Constitution of the Commonwealth of Pennsylvania (1790)

    Constitution of the Commonwealth of Pennsylvania September 2, 1790 WE, the People of the Commonwealth of PENNSYLVANIA, ordain and establish this CONSTITUTION for its Government. ARTICLE I Of the legislative power. Section I. The legislative power of this commonwealth shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives. Of the election of Representatives. Sect. II. The Representatives shall be chosen, annually, by the citizens of the city of Philadelphia, and of each county, respectively, on the second Tuesday of October. Of the qualification of Representatives. Sect. III. No person shall be a Representative, who shall not have attained the age of twenty-one years, and have been a citizen and inhabitant of the state three years next preceding his election, and the last year thereof an inhabitant of the city or county in which he shall be chosen; unless he shall have been absent on the public business of the United States, or of this state. No person, residing within any city, town or borough, which shall be entitled to a separate representation shall be elected a member for any county; nor shall any person, residing without the limits of any such city, town or borough, be elected a member therefor. Of the periods of enumeration and the ratio of representation. Sect. IV. Within three years after the first meeting of the General Assembly, and within every subsequent term of seven years, an enumeration of the taxable inhabitants shall be made, in such manner as shall be directed by law. The number of Representatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the city of Philadelphia and the several counties, according to the number of taxable inhabitants in each; and shall never be less than sixty, nor greater than one hundred. Each county shall have, at least, one Representative; but no county, hereafter erected, shall be entitled to separate representation, until a sufficient number of taxable inhabitants shall be contained within it, to entitle them to one Representative, agreeably to the ratio which shall then be established. Of the election of Senators. Sect. V. The Senators shall be chosen, for four years, by the citizens of Philadelphia, and of the several counties, at the same time, in the same manner, and at the same places, where they shall vote for Representatives. Of the ratio of representatives in the Senate. Sect. VI. The number of Senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the districts, formed as hereinafter directed, according to the number of taxable inhabitants in each; and shall never be less than one fourth, nor greater than one third, of the number of Representatives. Of districts for electing Senators. Sect. VII. The Senators shall be chosen in districts, to be formed by the legislature, each district containing such a number of taxable inhabitants as shall be entitled to elect not more than four Senators: When a district shall be composed of two or more counties, they shall be adjoining. Neither the city of Philadelphia nor any county shall be divided, in forming a district. Of the qualification of Senators. Sect. VIII. No person shall be a Senator, who shall not have attained the age of twenty-five years, and have been a citizen and inhabitant of the state four years next before his election, and the last year thereof an inhabitant of the district for which he shall be chosen; unless he shall have been absent on the public business of the United States, or of this state. Of classing the Senators. Sect. IX. Immediately after the Senators shall be assembled, in consequence of the first election, subsequent to the first enumeration, they shall be divided, by lot, as equally as may be, into four classes. The seats of the Senators of the first class shall be vacated at the expiration of the first year, of the second class at the expiration of the second year, of the third class at the expiration of the third year, and of the fourth class at the expiration of the fourth year; so that one fourth may be chosen every year. Of the meeting of the General Assembly. Sect. X. The General Assembly shall meet on the first Tuesday of December in every year, unless sooner convened by the Governor. Of the officers of each House. Sect. XI. Each House shall choose its Speaker and other officers; and the Senate shall also choose a Speaker pro tempore, when the Speaker shall exercise the office of Governor. Of the powers of each House. Sect. XII. Each House shall judge of the qualifications of its members. Contested elections shall be determined by a committee, to be selected, formed, and regulated in such manner, as shall be directed by law. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorised, by law, to compel the attendance of absent members, in such manner, and under such penalties, as may be provided. Of censure and expulsion. Sect. XIII. Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of two thirds, expel a member; but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free state. Of journals. Sect. XIV. Each House shall keep a journal of its proceedings, and publish them weekly, except such parts as may require secrecy: And the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals. The doors to be kept open. Sect. XV. The doors of each House, and of committees of the whole, shall be open, unless when the business shall be such as ought to be kept secret. Of adjournments. Sect. XVI. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place, than that in which the two Houses shall be sitting. Of the compensation and privileges of members. Sect. XVII. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the commonwealth. They shall, in all cases, except treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same: And for any speech or debate in either House they shall not be questioned in any other place. Of the disqualifications of members. Sect. XVIII. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this commonwealth, which shall have been created, or the emoluments of which shall have been encreased, during such time; and no member of Congress, or other person holding any office (except of attorney at law and in the militia), under the United States, or this commonwealth, shall be a member of either House during his continuance in Congress, or in office. Of vacancies. Sect. XIX. When vacancies happen in either House, the Speaker shall issue writs of election to fill such vacancies. Of revenue bills. Sect. XX. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose amendments, as in other bills. Of the treasury. Sect. XXI. No money shall be drawn from the treasury, but in consequence of appropriations made by law. Of the proceedings upon bills. Sect. XXII. Every bill, which shall have passed both Houses, shall be presented to the Governor: If he approve, he shall sign it; but if he shall not approve, he shall return it, with his objections, to the House in which it shall have originated, who shall enter the objections at large upon their journals, and proceed to re-consider it: If, after such re-consideration, two thirds of that House shall agree to pass the bill, it shall be sent, with the objections, to the other House, by which likewise it shall be re-considered; and if approved by two thirds of that House it shall be a law. But in such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journals of each House respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law, in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting. Orders, resolutions, and votes. Sect. XXIII. Every order, resolution, or vote, to which the concurrence of both Houses may be necessary (except on the question of adjournment) shall be presented to the Governor, and, before it shall take effect, be approved by him, or, being disapproved, shall be re-passed by two thirds of both Houses, according to the rules and limitations prescribed in case of a bill. ARTICLE II Of the executive power. Section I. The Supreme Executive power of this commonwealth shall be vested in a Governor. Of the election of the Governor. Sect. II. The Governor shall be chosen on the second Tuesday of October, by the citizens of the commonwealth, at the places where they shall respectively vote for Representatives. The returns of every election for Governor shall be sealed up, and transmitted to the seat of government, directed to the Speaker of the Senate, who shall open and publish them in the presence of the members of both Houses of the Legislature. The person having the highest number of votes shall be Governor. But if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint vote of the members of both Houses. Contested elections shall be determined by a committee, to be selected from both Houses of the Legislature, and formed and regulated in such manner as shall be directed by law. Of his continuance in office. Sect. III. The Governor shall hold his office during three years from the third Tuesday of December next ensuing his election, and shall not be capable of holding it longer than nine in any term of twelve years. Of his qualifications. Sect. IV. He shall be, at least, thirty years of age, and have been a citizen and inhabitant of this State seven years next before his election; unless he shall have been absent on the public business of the United States, or this state. Of persons disqualified to be Governor. Sect. V. No member of Congress, or person holding any office under the United States, or this state, shall exercise the office of Governor. Of his compensation. Sect. VI. The Governor shall, at stated times, receive, for his services, a compensation, which shall be neither encreased nor diminished during the period for which he shall have been elected. Of his military power. Sect. VII. He shall be commander in chief of the army and navy of this commonwealth, and of the militia; except when they shall be called into the actual service of the United States. Of his general powers and duties. Sect. VIII. He shall appoint all officers, whose offices are established by this Constitution, or shall be established by law, and whose appointments are not herein otherwise provided for; but no person shall be appointed to an office within any county, who shall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. No member of Congress from this state, nor any person holding or exercising any office of trust or profit under the United States, shall, at the same time, hold or exercise the office of Judge, Secretary, Treasurer, Prothonotary, Register of wills, Recorder of deeds, Sheriff, or any office in this state, to which a salary is by law annexed, or any other office, which future legislatures shall declare incompatible with offices or appointments under the United States. Of pardons, &c. Sect. IX. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cases of impeachment. Of obtaining information. Sect. X. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices. Of giving information of the state of the commonwealth. Sect. XI. He shall, from time to time, give to the General Assembly information of the state of the commonwealth, and recommend to their consideration such measures as he shall judge expedient. Of convening and adjourning the legislature. Sect. XII. He may, on extraordinary occasions, convene the General Assembly; and in case of disagreement between the two Houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months. Sect. XIII. He shall take care that the laws be faithfully executed. In case of death, the Speaker of the Senate shall exercise his office. Of a contested election. Sect. XIV. In case of the death or resignation of the Governor, or of his removal from office, the Speaker of the Senate shall exercise the office of Governor, until another Governor shall be duly qualified. And if the trial of a contested election shall continue longer than until the third Tuesday in December next ensuing the election of a Governor, the Governor of the last year, or the Speaker of the Senate, who may be in the exercise of the executive authority, shall continue therein until the determination of such contested election, and until a Governor shall be qualified as aforesaid. Of the Secretary of the commonwealth. Sect. XV. A Secretary shall be appointed and commissioned during the Governor’s continuance in office, if he shall so long behave himself well: He shall keep a fair register of all the official acts and proceedings of the Governor, and shall, when required, lay the same, and all papers, minutes and vouchers, relative thereto, before either branch of the legislature, and shall perform such other duties as shall be enjoined him by law. ARTICLE III Of elections. Section I. In elections by the citizens, every freeman of the age of twenty-one years, having resided in the state two years next before the election, and within that time paid a state or county tax, which shall have been assessed at least six months before the election, shall enjoy the rights of an elector: Provided, that the sons of persons qualified as aforesaid, between the ages of twenty-one and twenty-two years, shall be entitled to vote, although they shall not have paid taxes. Sect. II. All elections shall be by ballot, except those by persons in their representative capacities, who shall vote viva voce. Sect. III. Electors shall, in all cases, except treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance on elections, and in going and returning from them. ARTICLE IV Of impeachment. Section I. The House of Representatives shall have the sole power of impeaching. Sect. II. All impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation. No person shall be convicted, without the concurrence of two thirds of the members present. Sect. III. The Governor, and all other civil officers, under this commonwealth, shall be liable to impeachment for any misdemeanor in office: But judgment, in such cases, shall not extend further than to removal from office, and disqualification to hold any office of honour, trust, or profit, under this commonwealth: The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to law. ARTICLE V Of the judicial power. Section I. The Judicial power of this commonwealth shall be vested in a Supreme Court, in Courts of Oyer and Terminer and General Gaol Delivery, in a Court of Common Pleas, Orphan’s Court, Register’s Court, and a Court of Quarter Sessions of the Peace for each county, in Justices of the Peace, and in such other Courts as the legislature may, from time to time, establish. Of the supreme court, its judges, Sect. II. The Judges of the Supreme Court and of the several Courts of Common Pleas shall hold their offices during good behaviour: But for any reasonable cause, which shall not be sufficient ground of impeachment, the Governor may remove any of them, on the address of two thirds of each branch of the legislature. The Judges of the Supreme Court and the Presidents of the several Courts of Common Pleas shall, at stated times, receive, for their services, an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit under this commonwealth. and its jurisdiction. Sect. III. The jurisdiction of the Supreme Court shall extend over the state, and the Judges thereof shall, by virtue of their offices, be Justices of Oyer and Terminer and General Gaol Delivery in the several counties. Of courts of common pleas Section IV. Until it shall be otherwise directed by law, the several Courts of Common Pleas shall be established in the following manner. The Governor shall appoint, in each county, not fewer than three, nor more than four, Judges, who, during their continuance in office, shall reside in such county: The state shall be divided by law into circuits, none of which shall include more than six, nor fewer than three, counties: A President shall be appointed of the courts in each circuit, who, during his continuance in office, shall reside therein: The President and Judges, any two of whom shall be a quorum, shall compose the respective Courts of Common Pleas. and the jurisidction of its judges. Sect. V. The Judges of the Court of Common Pleas, in each county, shall, by virtue of their offices, be Justices of Oyer and Terminer and General Gaol Delivery, for the trial of capital and other offenders therein: Any two of the said Judges, the President being one, shall be a quorum; but they shall not hold a court of Oyer and Terminer or Gaol Delivery in any county, when the Judges of the Supreme Court, or any of them, shall be sitting in the same county. The party accused, as well as the commonwealth, may, under such regulations as shall be prescribed by law, remove the indictment and proceedings, or a transcript thereof, into the Supreme Court. Of chancery powers vested in the courts. Sect. VI. The Supreme Court and the several Courts of Common Pleas shall, beside the powers heretofore usually exercised by them, have the power of a Court of Chancery, so far as relates to the perpetuating of testimony, the obtaining of evidence from places not within the state, and the care of the persons and estates of those who are non compotes mentis: And the legislature shall vest in the said courts such other powers to grant relief in equity, as shall be found necessary; and may, from time to time, enlarge or diminish those powers, or vest them in such other courts, as they shall judge proper for the due administration of justice. Of the quarter sessions, orphans court and Register’s court. Sect. VII. The Judges of the Court of Common Pleas of each county, any two of whom shall be a quorum, shall compose the Court of Quarter Sessions of the Peace and Orphans Court thereof; and the Register of Wills, together with the said Judges, or any two of them, shall compose the Register’s Court of each county. Of writs of certiorari. Sect. VIII. The Judges of the Courts of Common Pleas shall, within their respective counties, have the like powers with the Judges of the Supreme Court, to issue writs of Certiorari to the Justices of the Peace, and to cause their proceedings to be brought before them, and the like right and justice to be done. Further powers of the judges of the common pleas. Sect. IX. The President of the courts in each circuit, within such circuit, and the Judges of the Court of Common Pleas, within their respective counties, shall be Justices of the Peace, so far as relates to criminal matters. Of justices of the peace. Sect. X. The Governor shall appoint a competent number of Justices of the Peace, in such convenient districts, in each county, as are or shall be directed by law: They shall be commissioned during good behaviour; but may be removed on conviction of misbehaviour in office, or of any infamous crime, or on the address of both Houses of the Legislature. Of Registers and Recorders. Sect. XI. A Register’s office for the probate of wills and granting letters of administration, and an office for the recording of deeds, shall be kept in each county. Of the style of process, &c. Sect. XII. The style of all process shall be, “THE COMMONWEALTH OF PENNSYLVANIA”; all prosecutions shall be carried on in the name and by the authority of the Commonwealth of Pennsylvania, and conclude, “AGAINST THE PEACE AND DIGNITY OF THE SAME.” ARTICLE VI Of Sheriffs and Coroners. Section I. Sheriffs and Coroners shall, at the times and places of elections of Representatives, be chosen by the citizens of each county: Two persons shall be chosen for each office, one of whom for each respectively shall be appointed by the Governor. They shall hold their offices for three years, if they shall so long behave themselves well, and until a successor be duly qualified; but no person shall be twice chosen or appointed Sheriff in any term of six years. Vacancies, in either of the said offices, shall be filled by a new appointment, to be made by the Governor, to continue until the next general election, and until a successor shall be chosen and qualified as aforesaid. Of the militia. Sect. II. The freemen of this commonwealth shall be armed and disciplined for its defence. Those who conscientiously scruple to bear arms, shall not be compelled to do so; but shall pay an equivalent for personal service. The militia officers shall be appointed in such manner, and for such time, as shall be directed by law. Of the place of keeping public offices. Sect. III. Prothonotaries, Clerks of the Peace and Orphans’ Courts, Recorders of deeds, Registers of wills and Sheriffs, shall keep their offices in the county town of the county in which they respectively shall be officers, unless when the Governor shall, for special reasons, dispense therewith for any term, not exceeding five years after the county shall have been erected. Of commissions. Sect. IV. All commissions shall be in the name and by the authority of the Commonwealth of Pennsylvania, and be sealed with the State seal, and signed by the Governor. Of the appointment of the Treasurer, &c. Sect. V. The State Treasurer shall be appointed, annually, by the joint vote of the members of both Houses. All other officers in the treasury department, attornies at law, election officers, officers relating to taxes, to the poor and highways, constables, and other township officers, shall be appointed in such manner as is or shall be directed by law. ARTICLE VII Of public schools. Section I. The legislature shall, as soon as conveniently may be, provide, by law, for the establishment of schools throughout the state, in such manner that the poor may be taught gratis. Of literature, Sect. II. The arts and sciences shall be promoted in one or more seminaries of learning. and the rights of corporate bodies. Sect. III. The rights, privileges, immunities and estates of religious societies and corporate bodies shall remain, as if the constitution of this state had not been altered or amended. ARTICLE VIII Of the political test and oath of office. Members of the General Assembly, and all officers, executive and judicial, shall be bound, by oath or affirmation, to support the constitution of this commonwealth, and to perform the duties of their respective offices with fidelity. ARTICLE IX That the general, great, and essential principles of liberty and free Government may be recognized and unalterably established, WE DECLARE, Of the equality and rights of men. Section I. That all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness. Of the origin of power, and the end of government. Sect. II. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness: For the advancement of those ends, they have, at all times, an unalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper. Of the rights of conscience, &c. Sect. III. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can, in any case whatever, controul or interfere with the rights of conscience; and that no preference shall ever be given, by law, to any religious establishments or modes of worship. Of a disqualification on account of religion. Sect. IV. That no person, who acknowledges the being of a God and a future state of rewards and punishments, shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this commonwealth. Of elections. Sect. V. That elections shall be free and equal. Trial by jury. Sect. VI. That trial by jury shall be as heretofore, and the right thereof remain inviolate. Of the liberty of the press. Sect. VII. That the printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any branch of government: And no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence: And, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases. Of security from searches and seizures. Sect. VIII. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures: And that no warrant to search any place, or to seize any person or things, shall issue, without describing them as nearly as may be, nor without probable cause supported by oath or affirmation. Of the rights of the accused in criminal prosecutions. Sect. IX. That, in all criminal prosecutions, the accused hath a right to be heard by himself and his council, to demand the nature and cause of the accusation against him, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favour, and, in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage: That he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land. Of informations, &c. Sect. X. That no person shall, for any indictable offence, be proceeded against criminally by information, 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, or, by leave of the court, for oppression and misdemeanor in office. No person shall, for the same offence, be twice put in jeopardy of life or limb; nor shall any man’s property be taken or applied to public use, without the consent of his representatives, and without just compensation being made. Of the courts of justice, and suits against the state. Sect. XI. That all courts shall be open, and every man, for an injury done him in his lands, goods, person or reputation, shall have remedy by the due course of law, and right and justice administered, without sale, denial or delay. Suits may be brought against the commonwealth in such manner, in such courts, and in such cases, as the legislature may by law direct. Of suspending laws. Sect. XII. That no power of suspending laws shall be exercised, unless by the legislature, or its authority. Of bail, fines, and punishments. Sect. XIII. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. Of the habeas corpus. Sect. XIV. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. Of oyer and terminer, &c. Sect. XV. That no commission of oyer and terminer or gaol delivery shall be issued. Of insolvent debtors. Sect. XVI. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison, after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. Of ex post facto laws. Sect. XVII. That no ex post facto law, nor any law impairing contracts, shall be made. Of attainder of treason and felony. Sect. XVIII. That no person shall be attainted of treason or felony by the legislature. Of attainder, felo de se, and deodand. Sect. XIX. That no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the commonwealth; that the estates of such persons as shall destroy their own lives shall descend or vest as in case of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. Of the right to assemble, petition, &c. Sect. XX. That the citizens have right, in a peaceable manner, to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, address, or remonstrance. To bear arms. Sect. XXI. That the right of the citizens to bear arms, in defence of themselves and the state, shall not be questioned. Of the military. Sect. XXII. That no standing army shall, in time of peace, be kept up without the consent of the legislature; and the military, shall in all cases, and at all times, be in strict subordination to the civil power. Of quartering troops. Sect. XXIII. That 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. Of titles and offices. Sect. XXIV. That the legislature shall not grant any title of nobility or hereditary distinction, nor create any office, the appointment of which shall be for a longer term than during good behavior. Of emigration. Sect. XXV. That emigration from the state shall not be prohibited. Exception from the general powers of government. Sect. XXVI. To guard against the transgressions of the high powers which we have delegated, WE DECLARE, That everything in this article is excepted out of the general powers of government, and shall for ever remain inviolate. SCHEDULE That no inconvenience may arise from the Alterations and Amendments in the Constitution of this Commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained, Of former laws, proceedings and contracts. I. That all laws of this commonwealth, in force at the time of making the said alterations and amendments in the said Constitution, and not inconsistent therewith, and all rights, actions, prosecutions, claims and contracts, as well of individuals as of bodies corporate, shall continue as if the said alterations and amendments had not been made. Of the Executive Council. II. That the President and Supreme Executive Council shall continue to exercise the executive authority of this commonwealth, as heretofore, until the third Tuesday of December next; but no intermediate vacancies in the Council shall be supplied by new elections. Officers in their appointment, III. That all officers in the appointment of the executive department shall continue in the exercise of the duties of their respective offices until the first day of September, one thousand seven hundred and ninety-one, unless their commissions shall sooner expire by their own limitations, or the said offices become vacant by death or resignation, and no longer, unless reappointed and commissioned by the Governor; except that the judges of the supreme court shall hold their offices for the terms in their commissions respectively expressed. IV. That justice shall be administered in the several counties of the state, until the period aforesaid, by the same justices, in the same courts, and in the same manner as heretofore. Of Sheriffs in commission. V. That no person now in commission as Sheriff shall be eligible at the next election for a longer term, than will, with the time which he shall have served in the said office, complete the term of three years. Of the present ratio of representation. VI. That, until the first enumeration shall be made, as directed in the fourth section of the first article of the Constitution established by this Convention, the city of Philadelphia and the several counties shall be respectively entitled to elect the same number of Representatives as is now prescribed by law. Of the present districts for electing Senators. VII. That the first Senate shall consist of eighteen members, to be chosen in districts formed as follows, to wit: The city of Philadelphia and the counties of Philadelphia and Delaware shall be a district, and elect three Senators: The county of Chester shall be a district, and shall elect one Senator: The county of Bucks shall be a district, and shall elect one Senator: The county of Montgomery shall be a district, and shall elect one Senator: The county of Northampton shall be a district, and shall elect one Senator: The counties of Lancaster and York shall be a district, and shall elect three Senators: The counties of Berks and Dauphin shall be a district, and shall elect two Senators: The counties of Cumberland and Mifflin shall be a district, and shall elect one Senator: The counties of Northumberland, Luzerne and Huntingdon shall be a district, and shall elect one Senator: The counties of Bedford and Franklin shall be a district, and shall elect one Senator: The counties of Westmoreland and Allegheny shall be a district, and shall elect one Senator: And the counties of Washington and Fayette shall be a district, and shall elect two Senators: Which Senators shall serve until the first enumeration before mentioned shall be made, and the representation in both Houses of the legislature shall be established by law, and chosen as in the Constitution is directed. Any vacancies which shall happen in the Senate, within the said time, shall be supplied as prescribed in the nineteenth section of the first article. Of the mode of proceeding in the election of Senators, VIII. That the elections of Senators shall be conducted, and the returns thereof made to the Senate, in the same manner as is prescribed by the election laws of the state, for conducting and making return of the election of Representatives. In those districts, which consist of more than one county, the Judges of the district elections within each county, after having formed a return of the whole election within that county, in such manner as is directed by law, shall send the same, by one or more of their number, to the place herein after mentioned within the district, of which such county is a part, where the Judges so met shall compare and cast up the several county returns, and execute, under their hands and seals, one general and true return for the whole district, that is to say; the Judges of the district composed of the city of Philadelphia and the counties of Philadelphia and Delaware shall meet in the State-house in the city of Philadelphia; the Judges of the district composed of the counties of Lancaster and York shall meet at the Court-house in the county of Lancaster; and the Judges of the district composed of the counties of Berks and Dauphin shall meet at Middletown, in the county of Berks; the Judges of the district composed of the counties of Cumberland and Mifflin shall meet in Greenwood township, county of Cumberland, at the house now occupied by David Miller; the Judges of the district composed of the counties of Northumberland, Luzerne and Huntingdon shall meet in the town of Sunbury; the Judges of the district composed of the counties of Bedford and Franklin shall meet at the house now occupied by John Dickey, in Air township, Bedford county; the Judges of the district composed of the counties of Westmoreland and Allegheny shall meet in Westmoreland County, at the Court-house in the town of Greensborough; and the Judges of the district composed of the counties of Washington and Fayette shall meet at the Court-house in the town of Washington, in Washington county, on the third Tuesday in October, respectively, for the purposes aforesaid. and of the Governor. IX. That the election of the Governor shall be conducted in the several counties, in the manner prescribed by the laws of the state for the election of Representatives; and the returns in each county shall be sealed by the Judges of the elections, and transmitted to the President of the Supreme Executive Council, directed to the Speaker of the Senate, as soon after the election as may be. Done in Convention, the second day of September, in the year of our Lord one thousand seven hundred and ninety, and of the Independence of the United States of America, the fifteenth. In testimony whereof. we have, hereunto subscribed our names. James Wilson, Hilary Baker, William Lewis, Thomas M’Kean, George Gray, William Robinson, jun. Robert Hare, Enoch Edwards, Samuel Ogden, Thomas Jenks, jun. John Barclay, Abraham Stout, William Gibbons, Thomas Bull, James Boyd, Edward Hand, Robert Coleman, Sebastian Graff, John Hubley, John Breckbill, Henry Miller, Henry Slagle, William Reed, Benjamin Tyson, Benjamin Pedan, Matthew Dill, William Irvine, James Power, Joseph Heister, Christian Lower, Abraham Lincoln, Paul Groscop, Baltzer Gehr, Samuel Sitgreaves, John Arndt, Peter Rhoads, Joseph Powell, John Piper, Charles Smith, Simon Snyder, William Findley, William Todd, Alexander Addison, John Hoge, David Reddick, James Ross, John Smilie, Albert Gallatin, James M’Lene, George Matthews, James Morris, Lindsay Coats, Jonathan Shoemaker, John Gloninger, Willliam Brown, Alexander Graydon, Timothy Pickering, Andrew Henderson, John Gibson, Thomas Beale, John Sellers, Nathaniel Newlin. Attest: Joseph Redman, Secretary. J. Shallus, Assistant Secretary. Source: https://www.paconstitution.org/texts-of-the-constitution/1790-2/

  • "To Bigotry, No Sanction" From George Washington to the Hebrew Congregation in Newport, Rhode Island, 18 August 1790

    To the Hebrew Congregation in Newport, Rhode Island [Newport, R.I., 18 August 1790] Gentlemen. While I receive, with much satisfaction, your Address 1  replete with expressions of affection and esteem; I rejoice in the opportunity of assuring you, that I shall always retain a grateful remembrance of the cordial welcome I experienced in my visit to Newport, from all classes of Citizens. The reflection on the days of difficulty and danger which are past is rendered the more sweet, from a consciousness that they are succeeded by days of uncommon prosperity and security. If we have wisdom to make the best use of the advantages with which we are now favored, we cannot fail, under the just administration of a good Government, to become a great and a happy people. The Citizens of the United States of America have a right to applaud themselves for having given to mankind examples of an enlarged and liberal policy: a policy worthy of imitation. All possess alike liberty of conscience and immunities of citizenship It is now no more that toleration is spoken of, as if it was by the indulgence of one class of people, that another enjoyed the exercise of their inherent natural rights. For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance requires only that they who live under its protection should demean themselves as good citizens, in giving it on all occasions their effectual support. It would be inconsistent with the frankness of my character not to avow that I am pleased with your favorable opinion of my Administration, and fervent wishes for my felicity. May the Children of the Stock of Abraham, who dwell in this land, continue to merit and enjoy the good will of the other Inhabitants; while every one shall sit in safety under his own vine and figtree, and there shall be none to make him afraid. May the father of all mercies scatter light and not darkness in our paths, and make us all in our several vocations useful here, and in his own due time and way everlastingly happy. Go: Washington Source: https://founders.archives.gov/documents/Washington/05-06-02-0135

  • Funding Act of 1790

    First Congress Second Session Chap. XXXIV.—An Act making provision for the [payment of the] Debt of the United States. Whereas, justice and the support of public credit require, that provision should be made for fulfilling the engagements of the United States, in respect to their foreign debt, and for funding their domestic debt upon equitable and satisfactory terms: Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That reserving out of the monies which have arisen since the last day of December last past, and which shall hereafter arise from the duties on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels, the yearly sum of six hundred thousand dollars, or so much thereof as may be appropriated from time to time, towards the support of the government of the United States, and their common defence, the residue of the said monies, or so much thereof, as may be necessary, as the same shall be received in each year, next after the sum reserved as aforesaid, shall be, and is hereby appropriated to the payment of the interest which shall from time to time become due on the loans heretofore made by the United States in foreign countries; and also to the payment of interest on such further loans as may be obtained for discharging the arrears of interest thereupon, and the whole or any part of the principal thereof; to continue so appropriated until the said loans, as well those already made as those which may be made in virtue of this act, shall be fully satisfied, pursuant to the contracts relating to the same, any law to the contrary notwithstanding. And provided, That nothing herein contained, shall be construed to annul or alter any appropriation by law made prior to the passing of this act. And as new loans are and will be necessary for the payment of the aforesaid arrears of interest, and the instalments of the principal of the said foreign debt due and growing due, and may also be found expedient for effecting an entire alteration in the state of the same: Sec. 2. Be it further enacted, That the President of the United States be, and he is hereby authorized, to cause to be borrowed on behalf of the United States, a sum or sums, not exceeding in the whole twelve million of dollars; and that so much of this sum as may be necessary to the discharge of the said arrears and instalments, and (if it can be effected upon terms advantageous to the United States) to the paying off the whole of the said foreign debt, be appropriated solely to those purposes: And the President is moreover further authorized to cause to be made such other contracts respecting the said debt as shall be found for the interest of the said States. Provided nevertheless, That no engagement nor contract shall be entered into which shall preclude the United States from reimbursing any sum or sums borrowed within fifteen years after the same shall have been lent or advanced. And whereas it is desirable to adapt the nature of the provision to be made for the domestic debt to the present circumstances of the United States, as far as it shall be found practicable, consistently with good faith and the rights of the creditors; which can only be done by a voluntary loan on their part: Sec. 3. Be it therefore further enacted, That a loan to the full amount of the said domestic debt be, and the same is hereby proposed; and that books for receiving subscriptions to the said loan be opened at the treasury of the United States, and by a commissioner to be appointed in each of the said states, on the first day of October next, to continue open until the last day of September following, inclusively; and that the sums which shall be subscribed thereto, be payable in certificates issued for the said debt, according to their specie value, and computing the interest upon such as bear interest to the last day of December next, inclusively; which said certificates shall be of these several descriptions, to wit: Those issued by the register of the treasury. Those issued by the commissioners of loans in the several states, including certificates given pursuant to the act of Congress of the second of January, one thousand seven hundred and seventy-nine, for bills of credit of the several emissions of the twentieth of May, one thousand seven hundred and seventy-seven, and the eleventh of April, one thousand seven hundred and seventy-eight. Those issued by the commissioners for the adjustment of the accounts of the quartermaster, commissary, hospital, clothing, and marine departments. Those issued by the commissioners for the adjustment of accounts in the respective states. Those issued by the late and present paymaster-general, or commissioner of army accounts. Those issued for the payment of interest, commonly called indents of interest. And in the bills of credit issued by the authority of the United States in Congress assembled, at the rate of one hundred dollars in the said bills, for one dollar in specie. Sec. 4. And be it further enacted, That for the whole or any part of any sum subscribed to the said loan, by any person or persons, or body politic, which shall be paid in the principal of the said domestic debt, the subscriber or subscribers shall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum to be expressed therein, equal to two thirds of the sum so paid, bearing an interest of six per centum per annum, payable quarter yearly, and subject to redemption by payments not exceeding in one year, on account both of principal and interest, the proportion of eight dollars upon a hundred of the sum mentioned in such certificate; and to another certificate purporting that the United States owe to the holder or holders thereof, his, her or their assigns, a sum to be expressed therein, equal to the proportion of thirty-three dollars and one third of a dollar upon a hundred of the sum so paid, which after the year one thousand eight hundred shall bear an interest of six per centum per annum, payable quarter yearly, and subject to redemption by payments not exceeding in one year, on account both of principal and interest, the proportion of eight dollars upon a hundred of the sum mentioned in such certificate: Provided, That it shall not be understood that the United States shall be bound or obliged to redeem in the proportion aforesaid; but it shall be understood only that they have a right so to do. Sec. 5. And be it further enacted, That for the whole or any part of any sum subscribed to the said loan by any person or persons, or body politic, which shall be paid in the interest of the said domestic debt, computed to the said last day of December next, or in the said certificates issued in payment of interest, commonly called indents of interest, the subscriber or subscribers shall be entitled to a certificate purporting that the United States owe to the holder or holders thereof, his, her or their assigns, a sum to be specified therein, equal to that by him, her or them so paid, bearing an interest of three per centum per annum, payable quarter yearly, and subject to redemption by payment of the sum specified therein, whenever provision shall be made by law for that purpose. Sec. 6. And be it further enacted, That a commissioner be appointed for each state, to reside therein, whose duty it shall be to superintend the subscriptions to the said loan; to open books for the same; to receive the certificates which shall be presented in payment thereof; to liquidate the specie value of such of them as shall not have been before liquidated; to issue the certificates above mentioned in lieu thereof, according to the terms of each subscription; to enter in books to be by him kept for that purpose, credits to the respective subscribers to the said loan for the sums to which they shall be respectively entitled; to transfer the said credits upon the said books from time to time as shall be requisite; to pay the interest thereupon as the same shall become due, and generally to observe and perform such directions and regulations as shall be prescribed to him by the Secretary of the Treasury, touching the execution of his office. Sec. 7. And be it further enacted, That the stock which shall be created pursuant to this act, shall be transferable only on the books of the treasury, or of the said commissioners respectively, upon which the credit for the same shall exist at the time of transfer, by the proprietor or proprietors of such stock, his, her or their attorney: but it shall be lawful for the Secretary of the Treasury, by special warrant under his hand and the seal of the treasury, countersigned by the comptroller, and registered by the register, at the request of the respective proprietors, to authorize the transfer of such stock from the books of one commissioner to those of another commissioner, or to those of the treasury, and from those of the treasury to those of a commissioner. Sec. 8. And be it further enacted, That the interest upon the said stock, as the same shall become due, shall be payable quarter yearly—that is to say: One fourth part thereof on the last day of March: one other fourth part thereof on the last day of June: one other fourth part thereof on the last day of September; and the remaining fourth part thereof on the last day of December in each year, beginning on the last day of March next ensuing; and payment shall be made wheresoever the credit for the said stock shall exist at the time such interest shall become due—that is to say: At the treasury, if the credit for the same shall then exist on the books of the treasury, or at the office of the commissioner upon whose books such credit shall then exist. But if the interest for one quarter shall not be demanded before the expiration of a third quarter, the same shall be afterwards demandable only at the treasury. And as it may happen that some of the creditors of the United States may not think fit to become subscribers to the said loan: Sec. 9. Be it further enacted, That nothing in this act contained shall be construed in any wise to alter, abridge or impair the rights of those creditors of the United States, who shall not subscribe to the said loan, or the contracts upon which their respective claims are founded; but the said contracts and rights shall remain in full force and virtue. And that such creditors may not be excluded from a participation in the benefit hereby intended to the creditors of the United States in general, while the said proposed loan shall be depending, and until it shall appear from the event thereof what farther or other arrangements may be necessary respecting the said domestic debt: Sec. 10. Be it therefore further enacted, That such of the creditors of the United States as may not subscribe to the said loan, shall nevertheless receive during the year one thousand seven hundred and ninety-one, a rate per centum on the respective amounts of their respective demands, including interest to the last day of December next, equal to the interest payable to subscribing creditors, to be paid at the same times, at the same places, and by the same persons as is herein before directed, concerning the interest on the stock which may be created in virtue of the said proposed loan. But as some of the certificates now in circulation have not heretofore been liquidated to specie value, as most of them are greatly subject to counterfeit, and counterfeits have actually taken place in numerous instances, and as embarrassment and imposition might, for these reasons, attend the payment of interest on those certificates in their present form, it shall therefore be necessary to entitle the said creditors to the benefit of the said payment, that those of them who do not possess certificates issued by the register of the treasury, for the registered debt, should produce previous to the first day of June next, their respective certificates, either at the treasury of the United States, or to some one of the commissioners to be appointed as aforesaid, to the end that the same may be cancelled, and other certificates issued in lieu thereof; which new certificates shall specify the specie amount of those in exchange for which they are given, and shall be otherwise of the like tenor with those heretofore issued by the said register of the treasury for the said registered debt, and shall be transferable on the like principles with those directed to be issued on account of the subscriptions to the loan hereby proposed. Sec. 11. And be it further enacted, That the commissioners who shall be appointed pursuant to this act, shall respectively be entitled to the following yearly salaries, that is to say: The commissioner for the state of New Hampshire, six hundred and fifty dollars: The commissioner for the state of Massachusetts, fifteen hundred dollars: The commissioner for the state of Rhode Island and Providence Plantations, six hundred dollars: The commissioner for the state of Connecticut, one thousand dollars: The commissioner for the state of New York, fifteen hundred dollars: The commissioner for the state of New Jersey, seven hundred dollars: The commissioner for the state of Pennsylvania, fifteen hundred dollars: The commissioner for the state of Delaware, six hundred dollars: The commissioner for the state of Maryland, one thousand dollars: The commissioner for the state of Virginia, fifteen hundred dollars: The commissioner for the state of North Carolina, one thousand dollars: The commissioner for the state of South Carolina, one thousand dollars: The commissioner for the state of Georgia, seven hundred dollars: Which salaries shall be in full compensation for all services and expenses. Sec. 12. And be it further enacted, That the said commissioners, before they enter upon the execution of their several offices, shall respectively take an oath or affirmation for the diligent and faithful execution of their trust, and shall also become bound with one or more sureties to the satisfaction of the Secretary of the Treasury, in a penalty not less [than] five thousand, nor more than ten thousand dollars, with condition for their good behaviour in their said offices respectively. And whereas a provision for the debts of the respective states by the United States, would be greatly conducive to an orderly, economical and effectual arrangement of the public finances: Sec. 13. Be it therefore further enacted, That a loan be proposed to the amount of twenty-one million and five hundred thousand dollars, and that subscriptions to the said loan be received at the same times and places, and by the same persons, as in respect to the loan herein before proposed concerning the domestic debt of the United States. And that the sums which shall be subscribed to the said loan, shall be payable in the principal and interest of the certificates or notes, which prior to the first day of January last, were issued by the respective states, as acknowledgments or evidences of debts by them respectively owing, except certificates issued by the commissioners of army accounts in the state of North Carolina, in the year one thousand seven hundred and eighty-six. Provided, That no greater sum shall be received in the certificates of any state than as follows; that is to say: In those of New Hampshire, three hundred thousand dollars. In those of Massachusetts, four million dollars. In those of Rhode Island and Providence Plantations, two hundred thousand dollars. In those of Connecticut, one million six hundred thousand dollars. In those of New York, one million two hundred thousand dollars. In those of New Jersey, eight hundred thousand dollars. In those of Pennsylvania, two million two hundred thousand dollars. In those of Delaware, two hundred thousand dollars. In those of Maryland, eight hundred thousand dollars. In those of Virginia, three million five hundred thousand dollars. In those of North Carolina, two million four hundred thousand dollars. In those of South Carolina, four million dollars. In those of Georgia, three hundred thousand dollars. And provided, That no such certificate shall be received, which from the tenor thereof, or from any public record, act, or document, shall appear or can be ascertained to have been issued for any purpose, other than compensations and expenditures for services or supplies towards the prosecution of the late war, and the defence of the United States, or of some part thereof during the same. Sec. 14. Provided also, and be it further enacted, That if the total amount of the sums which shall be subscribed to the said loan in the debt of any state, within the time limited for receiving subscriptions thereto, shall exceed the sum by this act allowed to be subscribed within such state, the certificates and credits granted to the respective subscribers, shall bear such proportion to the sums by them respectively subscribed, as the total amount of the said sums shall bear to the whole sum so allowed to be subscribed in the debt of such state within the same. And every subscriber to the said loan shall, at the time of subscribing, deposit with the commissioner the certificates or notes to be loaned by him. Sec. 15. And be it further enacted, That for two thirds of any sum subscribed to the said loan, by any person or persons, or body politic, which shall be paid in the principal and interest of the certificates or notes issued as aforesaid by the respective states, the subscriber or subscribers shall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, or his, her or their assigns, a sum to be expressed therein, equal to two thirds of the aforesaid two thirds, bearing an interest of six per centum per annum, payable quarter yearly, and subject to redemption by payments, not exceeding in one year, on account both of principal and interest, the proportion of eight dollars upon a hundred of the sum mentioned in such certificate; and to another certificate, purporting that the United States owe to the holder or holders thereof, his, her or their assigns, a sum to be expressed therein, equal to the proportion of thirty-three dollars and one third of a dollar upon a hundred of the said two thirds of such sum so subscribed, which after the year one thousand eight hundred shall bear an interest of six per centum per annum, payable quarter yearly, and subject to redemption by payments, not exceeding in one year, on account both of principal and interest, the proportion of eight dollars upon a hundred of the sum mentioned in such certificate; and that for the remaining third of any sum so subscribed, the subscriber or subscribers shall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her or their assigns, a sum to be expressed therein, equal to the said remaining third, bearing an interest of three per cent. per annum, payable quarter yearly, and subject to redemption by payment of the sum specified therein whenever provision shall be made by law for that purpose. Sec. 16. And be it further enacted, That the interest upon the certificates which shall be received in payment of the sums subscribed towards the said loan, shall be computed to the last day of the year one thousand seven hundred and ninety-one, inclusively; and the interest upon the stock which shall be created by virtue of the said loan, shall commence or begin to accrue on the first day of the year one thousand seven hundred and ninety-two, and shall be payable quarter yearly, at the same time, and in like manner as the interest on the stock to be created by virtue of the loan above proposed in the domestic debt of the United States. Sec. 17. And be it further enacted, That if the whole sum allowed to be subscribed in the debt or certificates of any state as aforesaid, shall not be subscribed within the time for that purpose limited, such state shall be entitled to receive, and shall receive from the United States, an interest per centum per annum, upon so much of the said sum as shall not have been so subscribed, equal to that which would have accrued on the deficiency, had the same been subscribed in trust for the non-subscribing creditors of such state, who are holders of certificates or notes issued on account of services or supplies towards the prosecution of the late war, and the defence of the United States or of some part thereof, to be paid in like manner as the interest on the stock which may be created by virtue of the said loan, and to continue until there shall be a settlement of accounts between the United States and the individual states; and in case a balance shall then appear in favour of such state, until provision shall be made for the said balance. But as certain states have respectively issued their own certificates, in exchange for those of the United States, whereby it might happen that interest might be twice payable on the same sums: Sec. 18. Be it further enacted, That the payment of interest whether to states or to individuals, in respect to the debt of any state, by which such exchange shall have been made, shall be suspended, until it shall appear to the satisfaction of the secretary of the treasury, that certificates issued for that purpose by such state, have been re-exchanged or redeemed, or until those which shall not have been re-exchanged or redeemed, shall be surrendered to the United States. Sec. 19. And be it further enacted, That so much of the debt of each state as shall be subscribed to the said loan, and the monies (if any) that shall be advanced to the same pursuant to this act, shall be a charge against such state, in account with the United States. Sec. 20. And be it further enacted, That the monies arising under the revenue laws, which have been or during the present session of Congress may be passed, or so much thereof as may be necessary, shall be and are hereby pledged and appropriated for the payment of the interest on the stock which shall be created by the loans aforesaid, pursuant to the provisions of this act, first paying that which shall arise on the stock created by virtue of the said first mentioned loan, to continue so pledged and appropriated, until the final redemption of the said stock, any law to the contrary notwithstanding, subject nevertheless to such reservations and priorities as may be requisite to satisfy the appropriations heretofore made, and which during the present session of Congress may be made by law, including the sums herein before reserved and appropriated: and to the end that the said monies may be inviolably applied in conformity to this act, and may never be diverted to any other purpose, an account shall be kept of the receipts and disposition thereof, separate and distinct from the product of any other duties, imposts, excises and taxes whatsoever, except such as may be hereafter laid, to make good any deficiency which may be found in the product thereof towards satisfying the interest aforesaid. Sec. 21. And be it further enacted, That the faith of the United States be, and the same is hereby pledged to provide and appropriate hereafter such additional and permanent funds as may be requisite towards supplying any such deficiency, and making full provision for the payment of the interest which shall accrue on the stock to be created by virtue of the loans aforesaid, in conformity to the terms thereof respectively, and according to the tenor of the certificates to be granted for the same pursuant to this act. Sec. 22. And be it further enacted, That the proceeds of the sales which shall be made of lands in the western territory, now belonging, or that may hereafter belong to the United States, shall be, and are hereby appropriated towards sinking or discharging the debts, for the payment whereof the United States now are, or by virtue of this act may be holden, and shall be applied solely to that use until the said debts shall be fully satisfied. Approved, August 4, 1790. Source: https://en.wikisource.org/wiki/United_States_Statutes_at_Large/Volume_1/1st_Congress/2nd_Session/Chapter_34

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  • Residence Act of 1790

    AN ACT for establishing the temporary and permanent Seat of the Government of the United States [1] BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLES, That a district of territory not exceeding ten miles square, to be located as hereafter directed on the River Potowmack at some place between the mouths of the Eastern branch and Connogochegue be, and the same is hereby accepted for the permanent Seat of the Government of the United States, Provided nevertheless that the operation of the laws of the State within such district shall not be affected by this acceptance, until the time fixed for the removal of the government thereto, and until Congress shall otherwise by law provide. [2] AND BE IT FURTHER ENACTED, That the President of the United States be authorized to appoint, and by supplying vacancies happening from refusals to act, or other causes, to keep in appointment, as long as may be necessary three Commissioners, who, or any two of whom, shall under the direction of the President survey, and by proper metes and bounds define and limit a district of territory, under the limitations above mentioned; and the district so defined, limited and located shall be deemed the district accepted by this Act for the permanent seat of the government of the United States. [3] AND BE IT ENACTED, That the said Commissioners. or any two of them, shall have power to purchase, or accept such quantity of land on the eastern side of the said River within the said district; as the President shall deem proper for the use of the United States; and according to such Plans, as the President shall approve, the said Commissioners, or any two of them shall prior to the first Monday in December in the year one thousand eight hundred, provide suitable buildings for the accommodation of Congress, and of the President, and for the public Offices of the government of the United States. [4] AND BE IT ENACTED. That for defraying the expence of such purchases and buildings, the President of the United States be authorized and requested to accept grants of money. [5] AND BE IT ENACTED, That prior to the first Monday in December next, all offices attached to the seat of the government of the United States shall be removed to, and until the said first Monday in December in the year one thousand eight hundred, shall remain at the City of Philadelphia. in the State of Pennsylvania, at which place the Session of Congress next ensuing the present shall be held. [6] AND BE IT ENACTED, That on the said first Monday in December in the year one thousand eight hundred the seat of the government of the United States shall by virtue of this Act be transferred to the district and place aforesaid; and all Offices attached to the said seat of government shall accordingly be removed thereto by their respective holders, and shall after the said day cease to be exercised elsewhere; and that the necessary expence of such removal shall be defrayed out of the duties on imposts and tonnage; of which a sufficient sum is hereby appropriated. Source: https://www2.gwu.edu/~ffcp/exhibit/p12/p12_1text.html

  • Rhode Island Ratifies the Constitution

    May 29, 1790 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 In 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. 2d 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. 3d 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. 4th 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 free exercise of religion, according to the dictates of conscience, and that no particular religious sect or society ought to be favoured, or established by law in preference to others. 5th 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 publick burthens, they should at fixed periods be reduced to a private station, return into the mass of the people, and the vacancies 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. 6th That elections of representatives in legislature 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 assented for the publick good. 7th 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. 8th That in all capital and criminal prosecutions, a man hath a right 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 favour, and to a 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. 9th That no freeman ought to be taken, imprisoned or disseised 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. 10th That every freeman restrained of his liberty, is intitled to a remedy, to enquire into the lawfulness thereof, and to remove the same if unlawful, and that such remedy ought not to be denied or delayed. 11th That in controversies respecting property, and in suits between man and man the antient trial by jury, as bath 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 inviolate. 12th 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. 13th That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. 14th That every person has a right to be secure from all unreasonable searches and seisures of his person, his papers or his property, and therefore that all warrants to search suspected places or seise any person, his papers or his property, without information upon oath, or affirmation, of sufficient cause, are grievous and oppressive, and that all general warrants for such in which the place or person suspected, are not particularly designated,) are dangerous, and ought not to be granted. 15th 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. 16th 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. 17th That the people have a right to keep and bear 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 magistrate, in such manner as the law directs. 18th 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, pursuant to the aforesaid fifth article, the militia of this State 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 laws or regulations for the purpose, or from any circumstance be incapable of making the same; and that n 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 monies arising from the Impost, Tonnage and Excise shall be insufficient for the publick 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 will 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 Secty 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 all 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 said amendments, as far as the constitution will admit. AMENDMENTS 1st The United States shall guarantee to each State its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this constitution expressly delegated to the United States. 2d 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 states, is so imperfect as that no consequent election is had, and then only until the legislature of such state, shall make provision in the premises. 3d 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 publick 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. 4th That no amendments to the constitution of the United States hereafter to 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 one confederation. 5th That the judicial powers of the United States shall extend to no possible case, where the cause 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. 6th 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. 7th That no capitation or poll-tax shall ever be laid by Congress. 8th In cases of direct taxes, Congress shall first make requisitions on the several states to assess, levy and pay their respective proportions of such requisitions, in such 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 rate of six per cent. per annum, from the time prescribed in such requisition. 9th That Congress shall lay no direct taxes, without the consent of the legislatures of three fourths of the states in the Union. 10th 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. 11th That regular statements of the receipts and expenditures of all publick monies, shall be published at least once a year. 12th 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 toops shall be raised, or kept up in time of peace. 13th That no monies be borrowed on the credit of the United States without the assent of two thirds of the Senators and Representatives present in each house. 14th That the Congress shall not declare war, without the concurrence of two thirds of the Senators and Representatives present in each house. 15th 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. 16th 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. 17th As a traffick 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 very description into the United States. 18th That the State Legislatures have power to recall, when they think it expedient, their federal senators, and to send others in their stead. 19th That Congress have power to establish a uniform rule of inhabitancy, or settlement of the poor of the different States throughout the United States. 20th That Congress erect no company with exclusive advantages of commerce. 21st That when two members shall move or call for the ayes and 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. Secty. Source: https://avalon.law.yale.edu/18th_century/ratri.asp

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