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By Root 1977 0

Government in any one important feature, even in the eyes of its most sanguine admirers. I have proposed nothing that does not appear to me as proper in itself, or eligible as patronised by a respectable number of our fellow-citizens; and if we can make the Constitution better in the opinion of those who are opposed to it, without weakening its frame, or abridging its usefulness in the judgment of those who are attached to it, we act the part of wise and liberal men to make such alterations as shall produce that effect.

Having done what I conceived was my duty, in bringing before this House the subject of amendments, and also stated such as I wish for and approve, and offered the reasons which occurred to me in their support, I shall content myself, for the present, with moving “that a committee be appointed to consider of and report such amendments as ought to be proposed by Congress to the Legislatures of the States, to become, if ratified by three-fourths thereof, part of the Constitution of the United States.” By agreeing to this motion, the subject may be going on in the committee, while other important business is proceeding to a conclusion in the House. I should advocate greater despatch in the business of amendments, if I were not convinced of the absolute necessity there is of pursuing the organization of the Government; because I think we should obtain the confidence of our fellow-citizens, in proportion as we fortify the rights of the people against the encroachments of the Government.

—Roger Sherman—

DRAFT AMENDMENTS

JULY 21-28, 1789

REPORT AS THEIR OPINION, that the following articles be proposed by Congress to the legislatures of the Several States to be adopted by them as amendments of the Constitution of the united States, and when ratified by the legislatures of three fourths (at least) of the Said States in the union, to become a part of the Constitution of the United States, pursuant to the fifth Article of the Said Constitution.

1 The powers of government being derived from the people, ought to be exercised for their benefit, and they have an inherent and unalienable right, to change or amend their political constitution, when ever they judge such change will advance their interest & happiness.

2 The people have certain natural rights which are retained by them when they enter into society, Such are the rights of conscience in matters of religion; of acquiring property, and of pursuing happiness & safety; of Speaking, writing and publishing their Sentiments with decency and freedom; of peaceably Assembling to consult their common good, and of applying to Government by petition or remonstrance for redress of grievances. Of these rights therefore they Shall not be deprived by the government of the united States.

3 No person shall be tried for any crime whereby he may incur loss of life or any infamous punishment, without Indictment by a grand Jury, nor be convicted but by the unanimous verdict of a Petit Jury of good and lawful men Freeholders of the vicinage or district where the trial shall be had.

4 After a census Shall be taken, each State Shall be allowed one representative for every thirty thousand Inhabitants of the description in the Second Section of the first Article of the Constitution, until the whole number of representatives Shall amount to but never to exceed ____.

5 The Militia shall be under the government of the laws of the respective States, when not in the actual Service of the united States, but Such rules as may be prescribed by Congress for their uniform organisation & discipline shall be observed in officering and training them. but military Service Shall not be required of persons religiously Scrupulous of bearing arms.

6 No Soldier Shall be quartered in any private house, in time of Peace, nor at any time, but by authority of law.

7 Excessive bail shall not be required, nor excessive fines imposed, nor cruel & unusual punishments be inflicted in any case.

8 Congress shall not have power to grant any monopoly or exclusive advantages of Commerce to any person or