222 DEMANDS OF THE FEDERALISTS. Those which have not recommended alterations will hardly adopt them, unless it is clear that they tend to make the Constitution better. Now, how this can be made out to their satisfaction I am yet to learn; they know of no defect from experience." In saying this he merely repeated sentiments which he had expressed when the Constitution was before the State conventions. Nor was Sherman's appeal,-that Congress bide the test of experience,—— confined to a narrow circle, or a lower order of minds. It was the appeal of the conservatives throughout the country. The Federalists demanded that the Constitution be given a fair trial before attempts be made to amend it. Fisher Ames did not hesitate to say that Madison's object in moving the amendments was merely to gain popularity.2 Washington was for peace and harmony and was known to be ready to embrace any tolerable compromise. The great body of Federalists considered amendments untimely, somewhat presumptuous, and quite needless.3 The House finally decided to refer the amendments to a Committee of the Whole, but this seemed a tedious solu 1 Id., 465. 2 Ames to Dwight, supra. 3 "Doubtless there are defects in the proposed system which may be remedied in a constitutional mode. I am truly pleased to learn that those who have been considered as its most violent opposers will not only acquiesce peaceably but so co-operate in the organization and content themselves with asking amendments in the manner prescribed by the Constitution." Washington to Charles Pettit, August 16, 1788. "The merits and defects of the proposed constitution have been largely and ably discussed. For myself, I was ready to have embraced any tolerable compromise that was competent to save us from impending ruin; and I can say there are scarcely any of the amendments which have been suggested, to which I have much objection, except that which goes to the prevention of direct OPINIONS ON AMENDMENT. 223 tion of the problem, and Ames, Sedgwick and Jackson again urged reference to a Select Committee; Ames, on the twenty-first, declaring that such a committee, in arranging so complex a business, would be like the senses to the soul. A public discussion of the Constitution taxation. And that, presume, will be more strenuously advocated and insisted upon than any other." Washington to Jefferson, August 31, 1788. Works (Ford's Ed.), XI, 321. "I wish to have no amendments made these twenty years, or not until by experience and good judgment we should be able to discern what amendments are necessary. The Constitution is so good and excellent that I do not wish to have it shaken by any speedy alterations. However desirous a number of States may be for a speedy convention and revision, I wish it may be evaded and put off until we are, as a public, able to judge upon experiment." President Stiles to William Samuel Johnson, April 13, 1789; Beardsley's Johnson, 135. "On the whole, it is hoped that all the States will consent to make a trial of the Constitution, before they attempt to alter it; experience will but show whether it is deficient or not; on trial it may appear that the alterations that have been prepared are not necessary, or that others not yet thought of are necessary; everything that tends to disunion ought to be avoided." Roger Sherman, "Observations on Proposed Amendments." Boutell's Sherman, 177; Ford's Pamphlets, 233. "The opponents in the States to the Constitution decrease and grow temperate. More of them seem to look forward to another Convention, rather as a measure that will justify their opposition than produce all the effects they pretended to expect from it. I wish that measure may be adopted with a good grace and without delay or hesitation. So many good reasons may be assigned for postponing the session of such a convention for three or four years that I believe the great majority of its advocates would be satisfied with that delay; after which I think we should not have much danger to apprehend from it, especially if the new Government should in the meantime recommend itself to the people by the wisdom of their proceedings, which I flatter myself will be the case." John Jay to Washington, September 21, 1788. 224 A SELECT COMMITTEE APPOINTED. would be like a dissection of it, the destruction of its symmetry. Ames's chief objection was the delay of public business which a discussion of the amendments in committee of the whole would cause. Finally, by a vote of more than two to one, Madison's amendments were referred to a Select Committee of One from each State.1 Of the eleven appointed, Madison, Baldwin, Sherman, Gilman and Clymer had been members of the Federal Convention. Vining, of Delaware, was chairman; Edanus Burke, of North Carolina; Egbert Benson, of New York; Robert Goodhue, of Massachusetts; Elias Boudinot, of New Jersey, and George Gale, of Maryland, completed the list.2 On the thirteenth of August, the Select Committee of Eleven reported.3 Madison's amendments were preserved in substance, with verbal changes, but were cut down from twenty clauses to eighteen. The membership of the House was fixed at not less than one hundred, nor more 1 "We had the amendments on the tapis and referred them to a committee of one from a State. I hope much debate will be avoided by this mode and that the amendments will be more rational and less ad populum than Madison's. It is necessary to conciliate and I would have amendments. But they should not be rash, such as would dishonor the Constitution, without pleasing its enemies. Should we propose them, North Carolina would accede. It is doubtful in case we should not." Ames to George R. Minot, July 23, 1789. "A few milk-and-water amendments have been proposed by Mr. M., such as liberty of conscience, a free press, and one or two general things already well secured. I suppose it was done to keep his promise with his constituents, to move for alterations; but, if I am not greatly mistaken, he is not hearty in the cause of amendments." Pierce Butler to James Iredell, August 11, 1789. 2 Annals, 691. 3 Annals, 734-790. REPORT OF THE COMMITTEE. 225 REPORT OF THE COMMITTEE OF ELEVEN, AUGUST 13. Second Draft of the Amendments of 1789. Annals, 733-790. House Journal, 85, et seq. Senate Journal, 71, et seq. I. (Amending the Preamble.) Government being intended for the benefit of the people, and the rightful establishment thereof, being derived from their authority alone, "We, the People of the United States," etc., etc. II. (Amending Art. I, Sec. II, Cl. 3.) After the first enumeration there shall be one representative for every thirty thousand until the number shall amount to one hundred. After which the proportion shall be so regulated by Congress that the number of representatives shall never be less than one hundred, nor more than one hundred and seventy-five; but each State shall always have at least one representative. (House Journal, 85, 121; Senate Journal, 69.) III. (Amending Art. I, Sec. 6, Cl. 1.) The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States, but no law varying the compensation shall take effect until an election of representatives shall have intervened. (House Journal, 85, 121; Senate Journal, 70.) IV. (Amending Art. I, Sec. 9, by inserting eight new clauses between 3 and 4.) (1) No religion shall be established by law, nor shall the equal rights of conscience be infringed. (2) The freedom of speech and of the press and the right of the people peaceably to assemble and consult for their common good, and to apply to the Government for redress of grievances, shall not be infringed. (3) A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no person religiously scrupulous shall be compelled to bear arms. (House Journal, 85, 121; Senate Journal, 71, 77). (4) 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. (House Journal, 85; Senate Journal, 71). (5) No person shall be subject, in case of impeachment, to more 226 REPORT OF THE COMMITTEE. than one trial or one punishment for the same offence, nor shall be compelled to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. (House Journal, 85, 121; Senate Journal, 71, 77). (6) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (House Journal, 85; Senate Journal, 72). (7) The right of the people to be secured in their persons, houses, papers and effects, shall not be violated by warrants issuing without probable cause, supported by oath or affirmation, and not particularly describing the place to be searched and the persons or things to be seized. (House Journal, 85; Senate Journal, 71). (8) The enumeration in this Constitution of certain rights shall not be construed to disparage others retained by the people. V. (Amending Art. I, Sec. 10, by inserting between the first and the second paragraphs a new paragraph.) No State shall infringe the equal rights of conscience, nor the freedom of speech or of the press, nor of the right of trial by jury in criminal cases. VI. (Amending Art. III, Sec. 2, by adding to the second paragraph:) But no appeal to such court shall be allowed where the value in controversy shall not amount to one thousand dollars; nor shall any fact, triable by a jury according to the course of the common law, be otherwise re-examinable than according to the rules of the common law. VII. (Amending Art. III, Sec. 2, by striking out the third paragraph and inserting:) (1) In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. (House Journal, 85, 121; Senate Journal, 71, 88). (2) The trial of all crimes (except in cases of impeachment, and in cases arising in the land and naval forces, or in the militia when in actual service in the time of war, or public danger) shall be by an impartial jury of freeholders of the vicinage, with the requisite unanimity for conviction, the right of challenge, and other accustomed requisites; and |