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• The Debates In the Convention of the Commonwealth of Virginia, On the Adoption of the Federal Constitution.
• Preamble.
• House of Representatives.
• Amendments to the Constitution.

AMENDMENTS TO THE CONSTITUTION.

“1st. That each state in the Union shall respectively retain every power, jurisdiction, and right, which is not by this Constitution delegated to the Congress of the United States, or to the departments of the federal government.

“2d. That there shall be one representative for every thirty thousand, according to the enumeration or census mentioned in the Constitution, until the whole number of representatives amounts to two hundred; after which, that number shall be continued or increased, as Congress shall direct, upon the principles fixed in the Constitution, by apportioning the representatives of each state to some greater number of people, from time to time, as population increases.

“3d. When the Congress shall lay direct taxes or excises, they shall immediately inform the executive power of each state, of the quota of such state, according to the census herein directed, which is proposed to be thereby raised; and if the legislature of any state shall pass a law which shall be effectual for raising such quota at the time required by Congress, the taxes and excises laid by Congress shall not be collected in such state.

“4th. That the members of the Senate and House of Representatives shall be ineligible to, and incapable of holding, any civil office under the authority of the United States, during the time for which they shall respectively be elected.

“5th. That the journals of the proceedings of the Senate and House of Representatives shall be published at least once in every year, except such parts thereof, relating to treaties, alliances, or military operations, as, in their judgment, require secrecy.

“6th. That a regular statement and account of the receipts and expenditures of public money shall be published at least once a year.

“7th. That no commercial treaty shall be ratified without the concurrence of two thirds of the whole number of the members of the Senate; and no treaty ceding, contracting, restraining, or suspending, the territorial rights or claims of the United States, or any of them, or their, or any of their rights or claims to fishing in the American seas, or navigating the American rivers, shall be made, but in cases of the most urgent and extreme necessity; nor shall any such treaty be ratified without the concurrence of three fourths of the whole number of the members of both houses respectively.

“8th. That no navigation law, or law regulating commerce, shall be passed without the consent of two thirds of the members present, in both houses.

“9th. That no standing army, or regular troops, shall be raised, or kept up, in time of peace, without the consent of two thirds of the members present, in both houses.

“10th. That no soldier shall be enlisted for any longer term than four years, except in time of war, and then for no longer term than the continuance of the war.

“11th. That each state respectively shall have the power to provide for organizing, arming, and disciplining its own militia, whensoever Congress shall omit or neglect to provide for the same. That the militia shall not be subject to martial law, except when in actual service, in time of war, invasion, or rebellion; and when not in the actual service of the United States, shall be subject only to such fines, penalties, and punishments, as shall be directed or inflicted by the laws of its own state.

“12th. That the exclusive power of legislation given to Congress over the federal town and its adjacent district, and other places, purchased or to be purchased by Congress of any of the states, shall extend only to such regulations as respect the police and good government thereof.

“13th. That no person shall be capable of being President of the United States for more than eight years in any term of sixteen years.

“14th. That the judicial power of the United States shall be vested in one Supreme Court, and in such courts of admiralty as Congress may from time to time ordain and establish in any of the different states. The judicial power shall extend to all cases in law and equity arising under treaties made, or which shall be made, under the authority of the United States; to all cases affecting ambassadors, other foreign ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, and between parties claiming lands under the grants of different states. In all cases affecting ambassadors, other foreign ministers, and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction; in all other cases before mentioned, the Supreme Court shall have appellate jurisdiction, as to matters of law only, except in cases of equity, and of admiralty, and maritime jurisdiction, in which the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make: but the judicial power of the United States shall extend to no case where the cause of action shall have originated before the ratification of the Constitution, except in disputes between states about their territory, disputes between persons claiming lands under the grants of different states, and suits for debts due to the United States.

“15th. That, in criminal prosecutions, no man shall be restrained in the exercise of the usual and accustomed right of challenging or excepting to the jury.

“16th. 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.

“17th. That those clauses which declare that Congress shall not exercise certain powers, be not interpreted, in any manner whatsoever, to extend the powers of Congress; but that they be construed either as making exceptions to the specified powers where this shall be the case, or otherwise, as inserted merely for greater caution.

“18th. That the laws ascertaining the compensation of senators and representatives for their services, be postponed, in their operation, until after the election of representatives immediately succeeding the passing thereof; that excepted which shall first be passed on the subject.

“19th. That some tribunal other than the Senate be provided for trying impeachments of senators.

“20th. That the salary of a judge shall not be increased or diminished during his continuance in office, otherwise than by general regulations of salary, which may take place on a revision of the subject at stated periods of not less than seven years, to commence from the time such salaries shall be first ascertained by Congress.”

And the Convention do, in the name and behalf of the people of this commonwealth, enjoin it upon their representatives in Congress to exert all their influence, and use all reasonable and legal methods, to obtain a ratification of the foregoing alterations and provisions, in the manner provided by the 5th article of the said Constitution; and, in all congressional laws to be passed in the mean time, to conform to the spirit of these amendments, as far as the said Constitution will admit.

And so much of the said amendments as is contained in the first twenty articles, constituting the bill of rights, being read again, Resolved, That this Convention doth concur therein.

The other amendments to the said proposed Constitution, contained in twenty-one articles, being then again read, a motion was made, and the question being put, — to amend the same by striking out the third article, containing these words, —

“When Congress shall lay direct taxes or excises, they shall immediately inform the executive power of each state of the quota of such state, according to the census herein directed, which is proposed to be thereby raised; and if the legislature of any state shall pass a law which shall be effectual for raising such quota at the time required by Congress, the taxes and excises laid by Congress shall not be collected in such state,” —

It passed in the negative — ayes, 65; noes, 85.

On motion of Mr. George Nicholas, seconded by Mr. Benjamin Harrison, the ayes and noes on the said question were taken, as followeth: —

And then, the main question being put, that this Convention doth concur with the committee in the said amendments, —

It was resolved in the affirmative.

On motion, Ordered, That the foregoing amendments be fairly engrossed upon parchment, signed by the president of this Convention, and by him transmitted, together with the ratification of the federal Constitution, to the United States in Congress assembled.

On motion, Ordered, That a fair, engrossed copy of the ratification of the federal Constitution, with the subsequent amendments this day agreed to, signed by the president, and attested by the secretary of this Convention, be transmitted by the president, in the name of the Convention, to the executive or legislature of each state in the Union.

Ordered, That the secretary do cause the journal of the proceedings of this Convention to be fairly entered into a well-bound book, and, after being signed by the president, and attested by the secretary, that he deposit the same in the archives of the privy council, or council of state.

On motion, Ordered, That the printer to this Convention do strike, forthwith, fifty copies of the ratification and subsequent amendments of the federal Constitution, for the use of each county in the commonwealth.

On motion, Ordered, That the public auditor be requested to adjust the accounts of the printer to the Convention for his services, and of the workmen who made some temporary repairs and alterations in the new academy, for the accommodation of the Convention, and to grant his warrant on the treasurer for the sum due the respective claimants.

On motion, Resolved, unanimously, That the thanks of the Convention be presented to the president, for his able, upright, and impartial discharge of the duties of that office.

Whereupon the president made his acknowledgment to the Convention for so distinguished a mark of its approbation.

And then the Convention adjourned, “sine die.”

Signed, EDMUND PENDLETON, President.

Attest, John Beckley,Secretary.